Hydrofluorocarbon Blends From the People's Republic of China: Affirmative Final Determination of Circumvention of the Antidumping Duty Order; Unfinished R-32/R-125 Blends

Published date18 March 2020
Citation85 FR 15428
Record Number2020-05609
SectionNotices
CourtInternational Trade Administration
Federal Register, Volume 85 Issue 53 (Wednesday, March 18, 2020)
[Federal Register Volume 85, Number 53 (Wednesday, March 18, 2020)]
                [Notices]
                [Pages 15428-15430]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-05609]
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                DEPARTMENT OF COMMERCE
                International Trade Administration
                [A-570-028]
                Hydrofluorocarbon Blends From the People's Republic of China:
                Affirmative Final Determination of Circumvention of the Antidumping
                Duty Order; Unfinished R-32/R-125 Blends
                AGENCY: Enforcement and Compliance, International Trade Administration,
                Department of Commerce.
                SUMMARY: The Department of Commerce (Commerce) determines that imports
                of unfinished blends of hydrofluorocarbon (HFC) components R-32 and R-
                125 from the People's Republic of China (China) are circumventing the
                antidumping duty (AD) order on HFC blends from China.
                DATES: Applicable March 18, 2020.
                [[Page 15429]]
                FOR FURTHER INFORMATION CONTACT: Andrew Medley or Jacob Garten, AD/CVD
                Operations, Office II, Enforcement and Compliance, International Trade
                Administration, U.S. Department of Commerce, 1401 Constitution Avenue
                NW, Washington, DC 20230; telephone: (202) 482-4987 or (202) 482-3342,
                respectively.
                SUPPLEMENTARY INFORMATION:
                Background
                 On January 27, 2020, Commerce published the Preliminary
                Determination \1\ of circumvention of the antidumping duty order on HFC
                blends from China with respect to blends of R-32 and R-125 which are
                imported from China and further processed into HFC blends subject to
                the order.\2\ Although we invited parties to comment on the Preliminary
                Determination of this inquiry, we received no comments. Accordingly, no
                decision memorandum accompanies this Federal Register notice.\3\ We
                notified the International Trade Commission (ITC) of our preliminary
                determination in accordance with section 781(e) of the Act and did not
                receive a request for consultations from the ITC.\4\ Commerce conducted
                this anti-circumvention inquiry in accordance with section 781(a) of
                the Tariff Act of 1930, as amended (the Act).
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                 \1\ See Hydrofluorocarbon Blends from the People's Republic of
                China: Affirmative Preliminary Determination of Circumvention of the
                Antidumping Duty Order; Unfinished R-32/R-125 Blends, 85 FR 4632,
                4635 (January 27, 2020) (Preliminary Determination).
                 \2\ See Hydrofluorocarbon Blends from the People's Republic of
                China: Antidumping Duty Order, 81 FR 55436 (August 19, 2016)
                (Order).
                 \3\ For further details of the issues addressed in this
                proceeding, see Preliminary Determination.
                 \4\ See Commerce's Letter, ``Hydrofluorocarbon Blends from the
                People's Republic of China: Preliminary Determination of
                Circumvention of the Antidumping Duty Order,'' dated January 23,
                2020.
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                Scope of the Order
                 The products subject to the Order are HFC blends. HFC blends
                covered by the scope are R-404A, a zeotropic mixture consisting of 52
                percent 1,1,1 Trifluoroethane, 44 percent Pentafluoroethane, and 4
                percent 1,1,1,2-Tetrafluoroethane; R-407A, a zeotropic mixture of 20
                percent Difluoromethane, 40 percent Pentafluoroethane, and 40 percent
                1,1,1,2-Tetrafluoroethane; R-407C, a zeotropic mixture of 23 percent
                Difluoromethane, 25 percent Pentafluoroethane, and 52 percent 1,1,1,2-
                Tetrafluoroethane; R-410A, a zeotropic mixture of 50 percent
                Difluoromethane and 50 percent Pentafluoroethane; and R-507A, an
                azeotropic mixture of 50 percent Pentafluoroethane and 50 percent
                1,1,1-Trifluoroethane also known as R-507. The foregoing percentages
                are nominal percentages by weight. Actual percentages of single
                component refrigerants by weight may vary by plus or minus two percent
                points from the nominal percentage identified above.\5\
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                 \5\ R-404A is sold under various trade names, including
                Forane[supreg] 404A, Genetron[supreg] 404A, Solkane[supreg] 404A,
                Klea[supreg] 404A, and Suva[supreg]404A. R-407A is sold under
                various trade names, including Forane[supreg] 407A, Solkane[supreg]
                407A, Klea[supreg]407A, and Suva[supreg]407A. R-407C is sold under
                various trade names, including Forane[supreg] 407C, Genetron[supreg]
                407C, Solkane[supreg] 407C, Klea[supreg] 407C and Suva[supreg] 407C.
                R-410A is sold under various trade names, including EcoFluor R410,
                Forane[supreg] 410A, Genetron[supreg] R410A and AZ-20,
                Solkane[supreg] 410A, Klea[supreg] 410A, Suva[supreg] 410A, and
                Puron[supreg]. R-507A is sold under various trade names, including
                Forane[supreg] 507, Solkane[supreg] 507, Klea[supreg]507,
                Genetron[supreg]AZ-50, and Suva[supreg]507. R-32 is sold under
                various trade names, including Solkane[supreg]32, Forane[supreg]32,
                and Klea[supreg]32. R-125 is sold under various trade names,
                including Solkane[supreg]125, Klea[supreg]125, Genetron[supreg]125,
                and Forane[supreg]125. R-143a is sold under various trade names,
                including Solkane[supreg]143a, Genetron[supreg]143a, and
                Forane[supreg]125.
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                 Any blend that includes an HFC component other than R-32, R-125, R-
                143a, or R-134a is excluded from the scope of the Order.
                 Excluded from the Order are blends of refrigerant chemicals that
                include products other than HFCs, such as blends including
                chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs),
                hydrocarbons (HCs), or hydrofluoroolefins (HFOs).
                 Also excluded from the Order are patented HFC blends, including,
                but not limited to, ISCEON[supreg] blends, including MO99TM
                (R-438A), MO79 (R-422A), MO59 (R-417A), MO49PlusTM (R-437A)
                and MO29TM (R-4 22D), Genetron[supreg]
                PerformaxTM LT (R-407F), Choice[supreg] R-421A, and
                Choice[supreg] R-421B.
                 HFC blends covered by the scope of the Order are currently
                classified in the Harmonized Tariff Schedule of the United States
                (HTSUS) at subheadings 3824.78.0020 and 3824.78.0050. Although the
                HTSUS subheadings are provided for convenience and customs purposes,
                the written description of the scope is dispositive.\6\
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                 \6\ See Order.
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                Merchandise Subject to the Anti-Circumvention Inquiry
                 This anti-circumvention inquiry covers imports of partially
                finished blends of HFC components R-32 (also known as Difluoromethane)
                and R-125 (also known as Pentafluoroethane) from China that must be
                further processed in the United States to create an HFC blend that
                would be subject to the Order.
                Final Determination
                 In the Preliminary Determination, we determined that imports of
                unfinished blends of HFC components R-32 and R-125 from China are
                circumventing the Order. Specifically, we determined that imports of
                unfinished blends of HFC components R-32 and R-125 from China are being
                finished and sold in the United States pursuant to the statutory and
                regulatory criteria laid out in section 781(a) of the Act and 19 CFR
                351.225(g). We based our Preliminary Determination upon record evidence
                submitted by the petitioners and U.S. Customs and Border Protection
                (CBP). For a complete discussion of the evidence which led to our
                preliminary determination, see the Preliminary Determination.
                 Because no party to this inquiry nor the ITC provided any
                additional information or comments regarding our Preliminary
                Determination, our final determination remains unchanged from the
                Preliminary Determination. Accordingly, we determine, pursuant to
                section 781(a) of the Act and 19 CFR 351.225(g), that imports of
                unfinished blends of HFC components R-32 and R-125 from China are
                circumventing the Order.
                Continuation of Suspension of Liquidation
                 As a result of this determination, and consistent with 19 CFR
                351.225(l)(3), we intend to direct CBP to continue to suspend
                liquidation and to require a cash deposit of estimated antidumping
                duties at the applicable rate on unliquidated entries of merchandise
                subject to this inquiry that are entered, or withdrawn from warehouse,
                for consumption on or after June 18, 2019, the date of initiation of
                this anti-circumvention inquiry.\7\
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                 \7\ See Hydrofluorocarbon Blends from the People's Republic of
                China: Initiation of Anti-Circumvention Inquiry of Antidumping Duty
                Order; Unfinished Blends, 84 FR 28276, 28278 (June 18, 2018).
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                Notification Regarding Administrative Protective Order
                 This notice also serves as a reminder to parties subject to the
                administrative protective order (APO) of their responsibility
                concerning the disposition of proprietary information disclosed under
                APO in accordance with 19 CFR 351.305(a)(3). Timely written
                notification of return/destruction of APO materials or conversion to
                judicial protective order is hereby requested. Failure to comply with
                the regulations and the terms of an APO is a sanctionable violation.
                [[Page 15430]]
                Notification to Interested Parties
                 We are issuing and publishing this notice in accordance with
                sections 781(a) and 777(i) of the Act, and 19 CFR 351.213(h) and
                351.221(b)(5).
                 Dated: March 11, 2020.
                Christian Marsh,
                Deputy Assistant Secretary for Enforcement and Compliance.
                [FR Doc. 2020-05609 Filed 3-17-20; 8:45 am]
                 BILLING CODE 3510-DS-P
                

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