Hydrofluorocarbon Blends From the People's Republic of China: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2022-2023

<NOTICE> DEPARTMENT OF COMMERCE <SUBAGY>International Trade Administration</SUBAGY> <DEPDOC>[A-570-028]</DEPDOC> <SUBJECT>Hydrofluorocarbon Blends From the People's Republic of China: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2022-2023</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Enforcement and Compliance, International Trade Administration, Department of Commerce. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The U.S. Department of Commerce (Commerce) preliminarily determines that no companies under review qualify for a separate rate and that these companies are, therefore, considered to be part of the People's Republic of China (China)-wide entity. Additionally, Commerce is partially rescinding this review with respect to: companies for which all review requests were timely withdrawn; and a company with no entries of subject merchandise during the period of review (POR), August 1, 2022, through July 31, 2023. Interested parties are invited to comment on these preliminary results. </SUM> <DATES> <HD SOURCE="HED">DATES:</HD> Applicable May 9, 2024. </DATES> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Melissa Porpotage, AD/CVD Operations, Office IX, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1413. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Background</HD> On August 2, 2023, Commerce published a notice of opportunity to request an administrative review of the antidumping duty order on hydrofluorocarbon (HFC) blends from China. <SU>1</SU> <FTREF/> Commerce received timely requests for an administrative review from the American HFC Coalition (the petitioner), and two Chinese companies. On October 18, 2023, Commerce published in the <E T="04">Federal Register</E> a notice of initiation of an administrative review of the <E T="03">Order</E> for the period August 1, 2022, through July 31, 2023, covering 19 companies, in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.221(c)(1)(i). <SU>2</SU> <FTREF/> <FTNT> <SU>1</SU>   <E T="03">See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review and Join Annual Inquiry Service List,</E> 88 FR 50840 (August 2, 2023); <E T="03">see also Hydrofluorocarbon Blends from the People's Republic of China: Antidumping Duty Order,</E> 81 FR 55436 (August 19, 2016) ( <E T="03">Order</E> ). </FTNT> <FTNT> <SU>2</SU>   <E T="03">See Initiation of Antidumping and Countervailing Duty Administrative Reviews,</E> 88 FR 71829 (October 18, 2023) ( <E T="03">Initiation Notice</E> ). </FTNT> On December 4 and 8, 2023, the two Chinese companies that requested their own reviews, Zhejiang Sanmei Chemical Ind. Co., Ltd. (Zhejiang Sanmei) and ICool Chemical Co., Ltd. (ICool Chemical), filed timely withdrawals of their respective review requests. <SU>3</SU> <FTREF/> On January 16, 2024, the petitioner filed a timely withdrawal of its review request for Zhejiang Sanmei. <SU>4</SU> <FTREF/> Therefore, because all review requests for Zhejiang Sanmei and ICool Chemical have been withdrawn, Commerce is rescinding the review for these the two companies, as discussed below. <FTNT> <SU>3</SU>   <E T="03">See</E> Zhejiang Sanmei's Letter, “Withdrawal of Request for Administrative Review,” dated December 4, 2023; <E T="03">see also</E> ICool Chemical's Letter, “Withdrawal of Request for Administrative Review,” dated December 8, 2023. </FTNT> <FTNT> <SU>4</SU>   <E T="03">See</E> Petitioner's Letter, “Partial Withdrawal of Request for Administrative Review,” dated January 16, 2024. </FTNT> Finally, on January 16, 2024, we issued a memorandum notifying interested parties of our intent to rescind the review of certain companies subject to the review because they had no suspended entries during the POR. <SU>5</SU> <FTREF/> We received no comments from interested parties on our intent to rescind. <FTNT> <SU>5</SU>   <E T="03">See</E> Memorandum, “Notice of Intent to Rescind Review, In Part,” dated January 16, 2024 (Intent to Rescind Memorandum). </FTNT> <HD SOURCE="HD1">Respondent Selection</HD> On October 25, 2023, Commerce released U.S. Customs and Border Protection (CBP) entry data in order to select respondents for individual examination. <SU>6</SU> <FTREF/> On November 1, 2023, we received comments regarding respondent selection from the petitioner. <SU>7</SU> <FTREF/> However, we did not select any mandatory respondents for individual examination because only Zhejiang Sanmei and ICool Chemical timely filed separate rate applications and were, therefore, eligible for individual examination. However, as noted above, we are rescinding this review for Zhejiang Sanmei and ICool Chemical. No other company under review timely filed a separate rate application and/or certification; therefore, no company remaining under review is eligible for individual examination. <SU>8</SU> <FTREF/> As such, there is no decision memorandum accompanying this notice. <FTNT> <SU>6</SU>   <E T="03">See</E> Memorandum, “Release of U.S. Customs and Border Protection Entry Data,” dated October 25, 2023. </FTNT> <FTNT> <SU>7</SU>   <E T="03">See</E> Petitioner's Letter, “Comments Regarding CBP Data and Respondent Selection,” dated November 1, 2023. </FTNT> <FTNT> <SU>8</SU>   <E T="03">See Initiation Notice,</E> 88 FR at 71830, where Commerce noted that “{e}xporters and producers must file a timely Separate Rate Application or Certification if they want to be considered for individual examination.” <E T="03">See also, e.g., Certain Cased Pencils from the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022,</E> 88 FR 60636 (September 5, 2023), unchanged in <E T="03">Certain Cased Pencils From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2021-2022,</E> 88 FR 78721 (November 16, 2023). </FTNT> <HD SOURCE="HD1">Scope of the Order</HD> The products subject to the <E T="03">Order</E> 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. <SU>9</SU> <FTREF/> <FTNT> <SU>9</SU>  R-404A is sold under various trade names, including Forane® 404A, Genetron® 404A, Solkane® 404A, Klea® 404A, and Suva®404A. R-407A is sold under various trade names, including Forane® 407A, Solkane® 407A, Klea®407A, and Suva®407A. R-407C is sold under various trade names, including Forane® 407C, Genetron® 407C, Solkane® 407C, Klea® 407C and Suva® 407C. R-410A is sold under various trade names, including EcoFluor R410, Forane® 410A, Genetron® R410A and AZ-20, Solkane® 410A, Klea® 410A, Suva® 410A, and Puron®. R-507A is sold under various trade names, including Forane® 507, Solkane® 507, Klea®507, Genetron®AZ-50, and Suva®507. R-32 is sold under various trade names, including Solkane®32, Forane®32, and Klea®32. R-125 is sold under various trade names, including Solkane®125, Klea®125, Genetron®125, and Forane®125. R-143a is sold under various trade names, including Solkane®143a, Genetron®143a, and Forane®125. </FTNT> 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 <E T="03">Order.</E> Excluded from the <E T="03">Order</E> 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 <E T="03">Order</E> are patented HFC blends, including, but not limited to, ISCEON® blends, including MO99 <SU>TM</SU> (R-438A), MO79 (R-422A), MO59 (R-417A), MO49Plus <SU>TM</SU> (R-437A) and MO29 <SU>TM</SU> (R-4 22D), Genetron® PerformaxTM LT (R-407F), Choice® R-421A, and Choice® R-421B. HFC blends covered by the scope of the <E T="03">Order</E> are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) at subheadings 3827.61.0000, 3827.63.0000, 3827.64.0000, 3827.65.0000, 3827.68.0000, 3827.69.0000. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope is dispositive. <SU>10</SU> <FTREF/> <FTNT> <SU>10</SU>   <E T="03">See Order,</E> 81 FR at 55436-37. </FTNT> <HD SOURCE="HD1">Rescission of Administrative Review, In Part</HD> Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if the party that requested the review withdraws its request within 90 days of the publication of the notice of initiation of the requested review. Because interested parties withdrew all requests for administrative review of Zhejiang Sanmei and ICool Chemical within 90 days of the date of publication of the <E T="03">Initiation Notice,</E> Commerce is ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 22k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━