Pentafluoroethane (R-125) From China; Scheduling of the Final Phase of Countervailing Duty and Anti-Dumping Duty Investigations
| Published date | 07 September 2021 |
| Citation | 86 FR 50171 |
| Record Number | 2021-19316 |
| Section | Notices |
| Court | International Trade Commission |
50171
Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices
hear arguments from the parties or other
interested persons with respect to the
public interest in this investigation, as
appropriate, and provide the
Commission with findings of fact and a
recommended determination on this
issue, which shall be limited to the
statutory public interest factors set forth
in 19 U.S.C. l337(d)(l), (f)(1), (g)(1);
(4) For the purpose of the
investigation so instituted, the following
are hereby named as parties upon which
this notice of investigation shall be
served:
(a) The complainant is: Sonrai
Memory Ltd., Suite 23, The Hyde
Building, Carrickmines, Dublin 18,
Ireland.
(b) The respondents are the following
entities alleged to be in violation of
section 337, and are the parties upon
which the complaint is to be served:
Amazon.Com, Inc., 410 Terry Avenue
North, Seattle, WA 98109
Dell Technologies Inc., One Dell Way,
Round Rock, TX 78682
EMC Corporation, One Dell Way, Round
Rock, TX 78682
Lenovo Group Ltd., 6 Chuang ye Road,
Haidian District, Beijing 100085,
China
Lenovo (United States) Inc., 1009 Think
Place, Building One, Morrisville, NC
27560
Motorola Mobility LLC, 222 W
Merchandise Mart Plaza, Suite 1800,
Chicago, IL 60654
LG Electronics Inc., LG Twin Tower 128
Yeoui-daero, Yeongdeungpo-gu,
Seoul, 07336, South Korea
LG Electronics USA, Inc., 1000 Sylvan
Ave., Englewood Cliffs, NJ 07632
Samsung Electronics Co., Ltd., 129
Samsung-Ro, Maetan-3dong,
Yeongtong-gu, Suwon-si, Gyeonggi-
do, 443–742, South Korea
Samsung Electronics America, Inc., 85
Challenger Rd., Ridgefield Park, NJ
07660
(c) The Office of Unfair Import
Investigations, U.S. International Trade
Commission, 500 E Street SW, Suite
401, Washington, DC 20436; and
(5) For the investigation so instituted,
the Chief Administrative Law Judge,
U.S. International Trade Commission,
shall designate the presiding
Administrative Law Judge.
Responses to the complaint and the
notice of investigation must be
submitted by the named respondents in
accordance with section 210.13 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.13. Pursuant to
19 CFR 201.16(e) and 210.13(a), as
amended in 85 FR 15798 (March 19,
2020), such responses will be
considered by the Commission if
received not later than 20 days after the
date of service by the complainant of the
complaint and the notice of
investigation. Extensions of time for
submitting responses to the complaint
and the notice of investigation will not
be granted unless good cause therefor is
shown.
Failure of a respondent to file a timely
response to each allegation in the
complaint and in this notice may be
deemed to constitute a waiver of the
right to appear and contest the
allegations of the complaint and this
notice, and to authorize the
administrative law judge and the
Commission, without further notice to
the respondent, to find the facts to be as
alleged in the complaint and this notice
and to enter an initial determination
and a final determination containing
such findings, and may result in the
issuance of an exclusion order or a cease
and desist order or both directed against
the respondent.
By order of the Commission.
Issued: August 31, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021–19165 Filed 9–3–21; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–662 and 731–
TA–1554 (Final)]
Pentafluoroethane (R–125) From
China; Scheduling of the Final Phase
of Countervailing Duty and Anti-
Dumping Duty Investigations
AGENCY
: United States International
Trade Commission.
ACTION
: Notice.
SUMMARY
: The Commission hereby gives
notice of the scheduling of the final
phase of antidumping and
countervailing duty investigation Nos.
701–TA–662 and 731–TA–1554 (Final)
pursuant to the Tariff Act of 1930 (‘‘the
Act’’) to determine whether an industry
in the United States is materially
injured or threatened with material
injury, or the establishment of an
industry in the United States is
materially retarded, by reason of
imports of pentafluoroethane (R–125)
from China, provided for in subheadings
2903.39.20 and 2903.39.29 of the
Harmonized Tariff Schedule of the
United States, preliminarily determined
by the Department of Commerce
(‘‘Commerce’’) to be subsidized and sold
at less-than-fair-value.
DATES
: August 17, 2021.
FOR FURTHER INFORMATION CONTACT
:
Ahdia Bavari ((202) 205–3191), Office of
Investigations, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436.
Hearing-impaired persons can obtain
information on this matter by contacting
the Commission’s TDD terminal on 202–
205–1810. Persons with mobility
impairments who will need special
assistance in gaining access to the
Commission should contact the Office
of the Secretary at 202–205–2000.
General information concerning the
Commission may also be obtained by
accessing its internet server (https://
www.usitc.gov). The public record for
these investigations may be viewed on
the Commission’s electronic docket
(EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION
:
Scope.—For purposes of these
investigations, Commerce has defined
the subject merchandise as
‘‘pentafluoroethane (R–125), or its
chemical equivalent, regardless of form,
type or purity level. R–125 has the
Chemical Abstracts Service (CAS)
registry number of 354–33–6 and the
chemical formula C2HF5. R–125 is also
referred to as Pentafluoroethane,
Genetron HFC 125, Khladon 125, Suva
125, Freon 125, and Fc-125. R–125 that
has been blended with other products is
included within the scope if such
blends contain 85% or more by volume
R–125, on an actual percentage basis.
However, R–125 incorporated into a
blend that conforms to ANSI/ASHRAE
Standard 34 is excluded from the scope
of these investigations. When R–125 is
blended with other products and
otherwise falls under the scope of these
investigations, only the R–125
component of the mixture is covered by
the scope of these investigations.
Subject merchandise also includes
purified and unpurified R–125 that is
processed in a third country or
otherwise outside the customs territory
of the United States, including, but not
limited to, purifying, blending, or any
other processing that would not
otherwise remove the merchandise from
the scope of these investigations if
performed in the country of
manufacture of the in-scope R–125. The
scope also includes R–125 that is
commingled with R–125 from sources
not subject to these investigations. Only
the subject component of such
commingled products is covered by the
scope of these investigations.
Excluded from the scope is
merchandise covered by the scope of the
antidumping order on
Hydrofluorocarbon Blends from the
People’s Republic of China, including
VerDate Sep<11>2014 00:30 Sep 04, 2021 Jkt 253001 PO 00000 Frm 00160 Fmt 4703 Sfmt 4703 U:\07SEN1.SGM 07SEN1
sradovich on DSKJLST7X2PROD with NOTICES
50172
Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices
merchandise subject to the affirmative
anti-circumvention determination in
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, 85 FR
15428 (March 18, 2020). See
Hydrofluorocarbon Blends from the
People’s Republic of China:
Antidumping Duty Order, 81 FR 55436
(August 19, 2016) (the Blends Order).
R–125 is entered under Harmonized
Tariff Schedule of the United States
(HTSUS) subheading 2903.39.2035 and
2903.39.2938. Merchandise subject to
the scope may also be entered under
HTSUS subheadings 2903.39.2045,
3824.78.0020, and 3824.78.0050. The
HTSUS subheadings and CAS registry
number are provided for convenience
and customs purposes. The written
description of the scope of these
investigations is dispositive.’’
Background.—The final phase of
these investigations is being scheduled
pursuant to sections 705(b) and 731(b)
of the Tariff Act of 1930 (19 U.S.C.
1671d(b) and 1673d(b)), as a result of
affirmative preliminary determinations
by Commerce that certain benefits
which constitute subsidies within the
meaning of § 703 of the Act (19 U.S.C.
1671b) are being provided to
manufacturers, producers, or exporters
in China of pentafluoroethane (r-125),
and that such products are being sold in
the United States at less than fair value
within the meaning of § 733 of the Act
(19 U.S.C. 1673b). The investigations
were requested in petitions filed on
January 12, 2021, by Honeywell
International, Inc.
For further information concerning
the conduct of this phase of the
investigations, hearing procedures, and
rules of general application, consult the
Commission’s Rules of Practice and
Procedure, part 201, subparts A and B
(19 CFR part 201), and part 207,
subparts A and C (19 CFR part 207).
Participation in the investigations and
public service list.—Persons, including
industrial users of the subject
merchandise and, if the merchandise is
sold at the retail level, representative
consumer organizations, wishing to
participate in the final phase of these
investigations as parties must file an
entry of appearance with the Secretary
to the Commission, as provided in
§ 201.11 of the Commission’s rules, no
later than 21 days prior to the hearing
date specified in this notice. A party
that filed a notice of appearance during
the preliminary phase of the
investigations need not file an
additional notice of appearance during
this final phase. The Secretary will
maintain a public service list containing
the names and addresses of all persons,
or their representatives, who are parties
to the investigations.
Please note the Secretary’s Office will
accept only electronic filings during this
time. Filings must be made through the
Commission’s Electronic Document
Information System (EDIS, https://
edis.usitc.gov.) No in-person paper-
based filings or paper copies of any
electronic filings will be accepted until
further notice.
Limited disclosure of business
proprietary information (BPI) under an
administrative protective order (APO)
and BPI service list.—Pursuant to
§ 207.7(a) of the Commission’s rules, the
Secretary will make BPI gathered in the
final phase of these investigations
available to authorized applicants under
the APO issued in the investigations,
provided that the application is made
no later than 21 days prior to the
hearing date specified in this notice.
Authorized applicants must represent
interested parties, as defined by 19
U.S.C. 1677(9), who are parties to the
investigations. A party granted access to
BPI in the preliminary phase of the
investigations need not reapply for such
access. A separate service list will be
maintained by the Secretary for those
parties authorized to receive BPI under
the APO.
Staff report.—The prehearing staff
report in the final phase of these
investigations will be placed in the
nonpublic record on November 30,
2021, and a public version will be
issued thereafter, pursuant to § 207.22 of
the Commission’s rules.
Hearing.—The Commission will hold
a hearing in connection with the final
phase of these investigations beginning
at 9:30 a.m. on Tuesday, December 14,
2021. Information about the place and
form of the hearing, including about
how to participate in and/or view the
hearing, will be posted on the
Commission’s website at https://
www.usitc.gov/calendarpad/
calendar.html. Interested parties should
check the Commission’s website
periodically for updates. Requests to
appear at the hearing should be filed in
writing with the Secretary to the
Commission on or before Tuesday,
December 7, 2021. A nonparty who has
testimony that may aid the
Commission’s deliberations may request
permission to present a short statement
at the hearing. All parties and
nonparties desiring to appear at the
hearing and make oral presentations
should attend a prehearing conference
to be held at 9:30 a.m. on Thursday,
December 9, 2021. Oral testimony and
written materials to be submitted at the
public hearing are governed by sections
201.6(b)(2), 201.13(f), and 207.24 of the
Commission’s rules. Parties must submit
any request to present a portion of their
hearing testimony in camera no later
than 7 business days prior to the date of
the hearing.
Written submissions.—Each party
who is an interested party shall submit
a prehearing brief to the Commission.
Prehearing briefs must conform with the
provisions of § 207.23 of the
Commission’s rules; the deadline for
filing is December 7, 2021. Parties may
also file written testimony in connection
with their presentation at the hearing, as
provided in § 207.24 of the
Commission’s rules, and posthearing
briefs, which must conform with the
provisions of § 207.25 of the
Commission’s rules. The deadline for
filing posthearing briefs is December 21,
2021. In addition, any person who has
not entered an appearance as a party to
the investigations may submit a written
statement of information pertinent to
the subject of the investigations,
including statements of support or
opposition to the petition, on or before
December 21, 2021. Parties may submit
supplemental comments on Commerce’s
final countervailing and antidumping
duty determinations on or before
January 7, 2022. Supplemental party
comments may address only
Commerce’s final determinations and
may not exceed five (5) pages in length.
On January 26, 2022, the Commission
will make available to parties all
information on which they have not had
an opportunity to comment. Parties may
submit final comments on this
information on or before January 28,
2022, but such final comments must not
contain new factual information and
must otherwise comply with § 207.30 of
the Commission’s rules. All written
submissions must conform with the
provisions of § 201.8 of the
Commission’s rules; any submissions
that contain BPI must also conform with
the requirements of §§ 201.6, 207.3, and
207.7 of the Commission’s rules. The
Commission’s Handbook on Filing
Procedures, available on the
Commission’s website at https://
www.usitc.gov/documents/handbook_
on_filing_procedures.pdf, elaborates
upon the Commission’s procedures with
respect to filings.
Additional written submissions to the
Commission, including requests
pursuant to § 201.12 of the
Commission’s rules, shall not be
accepted unless good cause is shown for
accepting such submissions, or unless
the submission is pursuant to a specific
request by a Commissioner or
Commission staff.
VerDate Sep<11>2014 00:30 Sep 04, 2021 Jkt 253001 PO 00000 Frm 00161 Fmt 4703 Sfmt 4703 U:\07SEN1.SGM 07SEN1
sradovich on DSKJLST7X2PROD with NOTICES
50173
Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices
1
MLP means Mid-Level Practitioner. 21 CFR
1300.01(b).
In accordance with §§ 201.16(c) and
207.3 of the Commission’s rules, each
document filed by a party to the
investigations must be served on all
other parties to the investigations (as
identified by either the public or BPI
service list), and a certificate of service
must be timely filed. The Secretary will
not accept a document for filing without
a certificate of service.
Authority: These investigations are
being conducted under authority of title
VII of the Tariff Act of 1930; this notice
is published pursuant to § 207.21 of the
Commission’s rules.
By order of the Commission.
Issued: September 1, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021–19316 Filed 9–3–21; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Uvienome Linda Sakor, N.P.; Decision
and Order
I. Introduction
On June 19, 2019, the Assistant
Administrator, Diversion Control
Division, Drug Enforcement
Administration (hereinafter, DEA or
Government), issued an Order to Show
Cause (hereinafter, OSC) to Uvienome
Sakor, N.P., also known as Uvienome
Linda Sakor, N.P., (hereinafter,
Respondent) of Douglasville, Georgia.
OSC, at 1. The OSC proposed the
revocation of Respondent’s Certificate of
Registration No. MS1972101, the denial
of any pending applications for renewal
or modification of that registration, and
the denial of any applications for
additional DEA registrations for two
reasons. Id. First, it alleged that
Respondent ‘‘materially falsified
multiple renewal applications . . . filed
with the DEA.’’ Id. (citing 21 U.S.C.
824(a)(1)). Second, it alleged that
Respondent ‘‘pled guilty to a felony
relating to controlled substances.’’ OSC,
at 1 (citing 21 U.S.C. 824(a)(2)).
Specifically, the OSC alleged that
Respondent entered a guilty plea in
Georgia Superior Court to one count of
Forgery in the First Degree ‘‘for
attempting to fill a forged controlled
substance prescription.’’ OSC, at 2. This
OSC allegation acknowledged that,
under Georgia’s First Offender Act,
Respondent was discharged from
probation, was exonerated of any
criminal purpose, and is not considered
to have a criminal conviction. Id.
Second, the OSC alleged that
Respondent entered into a Consent
Order with the Georgia Board of Nursing
(hereinafter, GBN) for her failure to
report her Forgery guilty plea as
required by Georgia statute. Id. It also
alleged that the Consent Order placed
Respondent on probation for two years.
Id.
Third, the OSC alleged that
Respondent submitted three materially
false registration renewal applications
after her guilty plea because she did not
respond affirmatively to the first
Liability question. Id. at 2–3. Similarly,
the OSC alleged that Respondent
submitted two materially false
registration renewal applications after
the beginning of the Consent Order’s
probationary period because she did not
respond affirmatively to the third
Liability question. Id. at 3.
Fourth, the OSC alleged that
Respondent’s guilty plea to the state
Forgery charge implicates 21 U.S.C.
824(a)(2). Id.
The OSC notified Respondent of the
right to request a hearing on the
allegations or to submit a written
statement, while waiving the right to a
hearing, the procedures for electing each
option, and the consequences for failing
to elect either option. Id. at 4 (citing 21
CFR 1301.43). The OSC also notified
Respondent of the opportunity to
submit a corrective action plan. OSC, at
4–5 (citing 21 U.S.C. 824(c)(2)(C)).
The Government forwarded its
Request for Final Agency Action
(hereinafter, RFAA), along with the
evidentiary record, to this office on
September 5, 2019. Attached to the
RFAA is the Declaration of a DEA
Diversion Investigator (hereinafter, DI)
that is signed and sworn to under
penalty of perjury. RFAA Exhibit
(hereinafter, RFAAX) 6 (Declaration of
Diversion Investigator, dated September
5, 2019 (hereinafter, DI Declaration)).
The DI Declaration states that the DI
‘‘personally served’’ the OSC on
Respondent at her registered location on
June 24, 2019. Id. at 3. I credit the DI’s
sworn statement.
Respondent waived her right to a
hearing and filed a written statement.
RFAAX 3 (Respondent’s Written
Statement, dated July 17, 2019
(hereinafter, Written Statement)), at 1.
Her Written Statement explicitly
references the OSC. Id.
Based on all of the evidence in the
record, I find that the Government’s
service of the OSC was legally
sufficient. In addition, based on all of
the evidence in the record, I find that
Respondent timely filed her Written
Statement. 21 CFR 1301.43.
I issue this Decision and Order based
on the Government’s submission, which
includes the Written Statement, and is
the entire record before me. 21 CFR
1301.43(e).
II. Findings of Fact
A. Respondent’s DEA Controlled
Substance Registration
Respondent is the holder of DEA
Certificate of Registration No.
MS1972101 at the registered address of
6559 Church St., Douglasville, GA
30134–1885. RFAAX 1 (Certification of
Registration History, dated September 4,
2019), at 1. Pursuant to this registration,
Respondent is authorized to dispense
controlled substances in schedules III
through V as a MLP-nurse
practitioner.
1
Id. Respondent’s
registration expired on February 28,
2021, and is in an ‘‘active pending
status.’’ Id.
B. The Investigation of Respondent
According to the DI assigned to this
matter, ‘‘a large number of prescriptions
that had been issued by . . .
[Respondent] had been filled’’ at a
pharmacy the DI was investigating, and
Respondent is the sister of the
pharmacy’s owner. RFAAX 6, at 1. The
DI Declaration states that Respondent
‘‘previously had been convicted of a
felony involving forgery and that her
nursing license had been placed on
probation.’’ Id. According to the DI
Declaration, the DI’s investigation
included obtaining certified copies of
records of the Superior Court of Douglas
County and of the GBN. Id. at 2; see also
infra section II.C.
C. The Government’s Case
The Government’s case includes five
exhibits, one of which is the Written
Statement.
The first exhibit is the Certification of
Registration History. RFAAX 1.
According to that Certification,
Respondent submitted to the Agency
registration renewal applications on
December 31, 2011, February 25, 2015,
and January 5, 2018. Id. at 1. On each
of the three submissions, the
Certification of Registration History
states, Respondent answered ‘‘No’’ to
whether she ‘‘has . . . ever been
convicted of a crime in connection with
controlled substance(s) under state or
federal law, . . . or any such action
pending.’’ Id. at 1–2, 4, 7, 10. Further,
on each of the three submissions,
according to the Certification of
Registration History, Respondent
answered ‘‘No’’ to whether she ‘‘has
VerDate Sep<11>2014 00:30 Sep 04, 2021 Jkt 253001 PO 00000 Frm 00162 Fmt 4703 Sfmt 4703 U:\07SEN1.SGM 07SEN1
sradovich on DSKJLST7X2PROD with NOTICES
