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 MO99^TM 
(R-438A), MO79 (R-422A), MO59 (R-417A), MO49Plus^TM (R-437A) 
and MO29^TM (R-4 22D), Genetron[supreg] 
Performax^TM 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