[Federal Register Volume 85, Number 17 (Monday, January 27, 2020)]
[Notices]
[Pages 4632-4636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01314]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-028]
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
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily 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.
As a result, imports of blends of HFC components R-32 and R-125 from
China will be subject to suspension of liquidation effective June 18,
2019. We invite interested parties to comment on this preliminary
determination.
DATES: Applicable January 27, 2020.
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
Commerce received information from U.S. Customs and Border
Protection (CBP) relating to the Order on HFC blends from China
regarding certain blends comprised of HFC components R-32 and R-125,\1\
which closely resemble subject HFC blends from China.\2\ On April 2,
2018, Commerce published a notice that it was opening a scope segment
of the proceeding and provided an opportunity for interested parties to
comment.\3\ On June 12, 2018, the American HFC Coalition (the
petitioner) filed comments on the CBP entry packages; \4\ on June 18,
2018, Weitron, Inc. and Weitron International Refrigeration Equipment
(Kunshan) Co., Ltd. (Weitron Kunshan) (collectively, Weitron) filed
rebuttal comments.\5\
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\1\ R-32 is also known as Difluoromethane; R-125 is also known
as Pentafluoroethane.
\2\ See Hydrofluorocarbon Blends from the People's Republic of
China: Antidumping Duty Order, 81 FR 55436 (August 19, 2016)
(Order).
\3\ See 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from the
People's Republic of China; Cold-Rolled Steel Flat Products from
Japan; Hydrofluorocarbon Blends from the People's Republic of China;
Light-Walled Rectangular Pipe and Tube from the People's Republic of
China: Opening of Scope Segments and Opportunity to Comment, 83 FR
13952 (April 2, 2018).
\4\ See Petitioner's Letter, ``Hydrofluorocarbon Blends from the
People's Republic of China: Comments on Scope Segment for Certain R-
32/R-125 Blends,'' dated June 12, 2018.
\5\ See Petitioner's Letter, ``Weitron's Response to American
HFC Coalition's Comments on Scope Segment, Antidumping Duty Order on
Hydrofluorocarbon Blends from the People's Republic of China,''
dated June 18, 2018.
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On August 14, 2018, the petitioner filed a request that, pursuant
to section 781(a) of the Tariff Act of 1930, as amended (the Act),
Commerce initiate an anti-circumvention inquiry regarding imports of
unfinished blends of HFC components R-32 and R-125 from China that are
further processed into finished HFC blends in the United States, which
the petitioner alleged are circumventing the Order.\6\ On August 23,
2018, Weitron submitted rebuttal comments.\7\
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\6\ See Petitioner's Letter, ``Hydrofluorocarbon Blends from the
People's Republic of China: Scope Investigation Regarding Certain R-
32/R-125 Blends: Request to Apply Section 781(a) to Prevent
Circumvention,'' dated August 14, 2018 (Initiation Request).
\7\ See Weitron's Letter, ``Weitron's Response to Anti-
Circumvention Allegation; Request to Reject, or Alternatively,
Request for Extension of Time to Reply: Antidumping Duty Order on
Hydrofluorocarbon Blends from the People's Republic of China,''
dated August 23, 2018.
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[[Page 4633]]
On June 18, 2019, Commerce initiated the anti-circumvention inquiry
with respect to unfinished blends of HFC components R-32 and R-125 from
China that are further processed into finished HFC blends in the United
States.\8\ On June 24, 2019, we requested comments from interested
parties on respondent selection and the period of inquiry (POI).\9\ In
July 2019, we received comments on respondent selection and the POI
from the petitioner and ICool International Commerce Limited
(ICool).\10\ ICool requested treatment as a voluntary respondent.\11\
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\8\ See Hydrofluorocarbon Blends from the People's Republic of
China: Initiation of Anti-Circumvention Inquiry of Antidumping Duty
Order; Unfinished Blends, 84 FR 28276 (June 18, 2019) (Notice of
Initiation).
\9\ See Memorandum, ``Anti-Circumvention Inquiry of the
Antidumping Duty Order on Hydrofluorocarbon Blends from the People's
Republic of China--Unfinished Blends: Release of U.S. Customs and
Border Protection Data and Clarification of Quantity and Value
Questionnaires,'' dated October 31, 2019.
\10\ See Petitioner's Letter, ``Hydrofluorocarbon Blends from
the People's Republic of China; Unfinished Blends Anti-Circumvention
Inquiry: Comments of the HFC Coalition on the Period of
Investigation and Respondent Selection,'' dated July 5, 2019; and
ICool's Letter, ``Hydrofluorocarbon Blends from China; A-570-028;
Comments on Respondent Selection and Period of Investigation and
Request for Voluntary Respondent Status,'' dated July 10, 2019
(ICool Respondent Selection Comments).
\11\ See ICool Respondent Selection Comments.
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On October 31, 2019, we placed on the record CBP data for U.S.
imports under Harmonized Tariff Schedule of the United States (HTSUS)
numbers 3824.78.0020 and 3824.78.0050, and solicited comments on these
data.\12\ We issued quantity and value (Q&V) questionnaires to 19
companies on the same date.\13\
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\12\ See Memorandum, ``Anti-Circumvention Inquiry of the
Antidumping Duty Order on Hydrofluorocarbon Blends from the People's
Republic of China--Unfinished Blends: Release of U.S. Customs and
Border Protection Data and Clarification of Quantity and Value
Questionnaires,'' dated October 31, 2019.
\13\ Id.
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On November 7, 2019, we received comments on the CBP data from
Shandong Huaan New Material Co. Ltd. (Shandong Huaan), Zhejiang Quhua
Fluor-Chemistry Co., Ltd. (Zhejiang Quhua), Zhejiang Yonghe New Type
Refrigerant Co., Ltd. (Zhejiang Yonghe), and Zibo Feiyuan Chemical Co.,
Ltd. (Zibo Feiyuan).\14\ The Q&V questionnaire responses indicate that,
of the 15 companies responding, Weitron Inc. is the only importer of R-
32/R-125 blends, and Weitron Kunshan is the only exporter/producer of
R-32/R-125 blends after the imposition of the Order.
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\14\ See Shandong Huaan's Letter, ``Huaan Comments on CBP Data:
Hydrofluorocarbon Blends from the People's Republic of China; Anti-
circumvention Inquiry Covering R-32/R-125 Unfinished Blends, A-570-
028,'' dated November 7, 2019; Zhejiang Quhua's Letter, ``Quhua
Comments on CBP Data: Hydrofluorocarbon Blends from the People's
Republic of China; Anti-circumvention Inquiry Covering R-32/R-125
Unfinished Blends, A-570-028,'' dated November 7, 2019; Zhejiang
Yonghe's Letter, ``Yonghe Comments on CBP Data: Hydrofluorocarbon
Blends from the People's Republic of China; Anti-circumvention
Inquiry Covering R-32/R-125 Unfinished Blends, A-570-028,'' dated
November 7, 2019; and Zibo Feiyuan's Letter, ``Feiyuan Comments on
CBP Data: Hydrofluorocarbon Blends from the People's Republic of
China; Anti-circumvention Inquiry Covering R-32/R-125 Unfinished
Blends, A-570-028,'' dated November 7, 2019.
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On December 13, 2020, we selected Weitron Inc. and Weitron Kunshan
as the only mandatory respondents in this inquiry.\15\ On that same
date we issued an initial questionnaire to Weitron Inc. and Weitron
Kunshan.\16\ On January 3, 2020, Weitron Inc. and Weitron Kunshan
notified Commerce that they did not intend to respond to the initial
questionnaire issued by Commerce.\17\
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\15\ See Memorandum, ``Antidumping Duty Order on
Hydrofluorocarbon Blends from the People's Republic of China: R-32
R-125 Blends Anti-Circumvention Inquiry; Respondent Selection,''
dated December 13, 2019.
\16\ See Commerce's Letter, ``Anti-Circumvention Inquiry of the
Antidumping Duty Order on Hydrofluorocarbon Blends from the People's
Republic of China: R-32 R-125 Blends Initial Questionnaire,'' dated
December 13, 2019.
\17\ See Weitron's Letter, ``Weitron's Notification of Its
Intent Not to Respond to the Questionnaire: Antidumping Duty Order
on Hydrofluorocarbon Blends from the People's Republic of China,''
dated January 3, 2020 (Weitron Notification of Intent Not to
Respond).
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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.\18\
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\18\ 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.\19\
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\19\ 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.
Applicable Statute
Section 781 of the Act addresses circumvention of antidumping or
countervailing duty orders. With respect to merchandise assembled or
completed in the United States, section 781(a)(1) of the Act provides
that if: (A) The merchandise sold in the United States is of the same
class or kind as any other
[[Page 4634]]
merchandise that is the subject of an AD order; (B) such merchandise
sold in the United States is completed or assembled in the United
States from parts or components produced in the foreign country with
respect to which such order applies; (C) the process of assembly or
completion in the United States is minor or insignificant; and (D) the
value of the parts or components produced in the foreign country is a
significant portion of the total value of the merchandise, then
Commerce may include within the scope of the order the imported parts
or components produced in the foreign country used in the completion or
assembly of the merchandise in the United States, after taking into
account any advice provided by the United States International Trade
Commission (ITC) under section 781(e) of the Act.
In determining whether the process of assembly or completion in the
United States is minor or insignificant, section 781(a)(2) of the Act
directs Commerce to consider: (A) the level of investment; (B) the
level of research and development; (C) the nature of the production
process; (D) the extent of production facilities; and (E) whether the
value of processing performed in the United States represents a small
proportion of the value of the merchandise sold in the United States.
Section 781(a)(3) of the Act sets forth the factors to consider in
determining whether to include parts or components in an AD order.
Commerce shall take into account: (A) The pattern of trade, including
sourcing patterns; (B) whether the manufacturer or exporter of the
parts or components is affiliated with the person who assembles or
completes the merchandise sold in the United States; and (C) whether
imports into the United States of the parts or components produced in
the foreign country have increased after the initiation of the
investigation which resulted in the issuance of the order.
Affirmative Preliminary Determination of Circumvention
For the reasons described below, we preliminarily determine,
pursuant to section 781(a) of the Act, that imports of unfinished
blends of HFC components R-32 and R-125 from China are circumventing
the Order.
Facts Available
As noted above, Weitron Inc. is the only importer of R-32/R-125
blends and Weitron Kunshan is the only exporter/producer of R-32/R-125
blends after the imposition of the Order. Weitron Inc., and its
affiliated Chinese exporter, Weitron Kunshan, failed to respond to
Commerce's requests for information.\20\ The questionnaire Commerce
issued to Weitron was designed to elicit information for purposes of
conducting both qualitative and quantitative analyses in accordance
with the criteria enumerated in section 781(a) of the Act, as outlined
above. This approach is consistent with our analysis in previous anti-
circumvention inquiries.\21\
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\20\ See Weitron Notification of Intent Not to Respond.
\21\ See, e.g., Petroleum Wax Candles from the People's Republic
of China: Partial Termination of Circumvention Inquiry and
Affirmative Preliminary Determination of Circumvention of the
Antidumping Duty Order, 72 FR 14519 (March 28, 2007), unchanged in
Petroleum Wax Candles from the People's Republic of China:
Affirmative Final Determination of Circumvention of the Antidumping
Duty Order, 72 FR 31053 (June 5, 2007); and Polyethylene Retail
Carrier Bags from Taiwan: Affirmative Preliminary Determination of
Circumvention of the Antidumping Duty Order, 79 FR 31302 (June 2,
2014), unchanged in Polyethylene Retail Carrier Bags from Taiwan:
Affirmative Final Determination of Circumvention of the Antidumping
Duty Order, 79 FR 61056 (October 9, 2014).
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Without this information Commerce has no choice but to resort to
the use of facts available in making its determination pursuant to
section 776(a)(2) of the Act. In selecting from among the facts
available, Commerce determines that an adverse inference is warranted,
pursuant to section 776(b) of the Act, because Weitron failed to comply
to the best of its ability with Commerce's request for information.
Section 776(a) of the Act requires Commerce to resort to facts
otherwise available if necessary information is not available on the
record or when an interested party or any other person withholds
information that has been requested by Commerce.\22\ As provided in
section 782(c)(1) of the Act, if an interested party, promptly after
receiving a request from Commerce for information, notifies Commerce
that such party is unable to submit the information requested in the
requested form and manner, Commerce may modify the requirements to
avoid imposing an unreasonable burden on that party. However, Weitron
did not notify Commerce that it was unable to comply with Commerce's
request. Rather, Weitron informed Commerce that, considering the cost
and time, and in light of the fact that it had no further entries of
subject unfinished blends after the date of initiation of this
proceeding, nor any plans to import such unfinished blends, it did not
intend to respond to the initial questionnaire issued in this
proceeding.\23\ Consequently, because Weitron failed to respond to
Commerce's questionnaire, we must base the preliminary determination in
this inquiry on the facts otherwise available.
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\22\ See sections 776(a)(1) and 776(a)(2)(A) of the Act.
\23\ See Weitron Notification of Intent Not to Respond at 1.
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Section 776(b) of the Act permits Commerce to use an inference that
is adverse to the interests of an interested party if that party fails
to cooperate by not acting to the best of its ability to comply with a
request for information. Given that Weitron refused to comply with
Commerce's request for information, we find that Weitron failed to
cooperate by not acting to the best of its ability. The refusal by
Weitron to respond to our questionnaire precludes Commerce from making
a determination based on a complete record as to whether the
importation of unfinished blends of R-32 and R-125 from China is
circumventing the AD order. In addition, because Weitron failed to
provide Commerce with any information, we are also unable to
distinguish between their imports or purchases of unfinished blends of
HFC components R-32 and R-125 from China for purposes other than U.S.
assembly into merchandise covered by the Order. Accordingly, we are
making an adverse inference pursuant to section 776(b) of the Act that
unfinished blends of HFC components R-32 and R-125 from China are
completed or assembled in the United States into merchandise covered by
the Order within the meaning of section 781(a) of the Act. Therefore,
we preliminarily find that these unfinished blends of HFC components R-
32 and R-125 from China are subject merchandise.
Section 776(c) of the Act provides that when Commerce relies on
secondary information rather than on information obtained in the course
of an investigation or review, Commerce shall, to the extent
practicable, corroborate that information from independent sources that
are reasonably at its disposal. The Statement of Administrative Action
(SAA), which accompanied the Uruguay Round Agreements Act,\24\ states
that the independent sources may include published price lists,
official import statistics and customs data, and information obtained
from interested parties during the investigation or review.\25\ The SAA
also clarifies that ``corroborate'' means that Commerce will satisfy
itself that the secondary
[[Page 4635]]
information to be used has probative value.\26\ To the extent
practicable, Commerce will examine the reliability and relevance of the
information used.\27\
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\24\ See H.R. Doc. No. 316, 103rd Congress, 2nd Session (1994).
\25\ See SAA at 870.
\26\ Id.
\27\ See, e.g., Circumvention and Scope Inquiries on the
Antidumping Duty Order on Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam: Partial Affirmative Final
Determination of Circumvention of the Antidumping Duty Order,
Partial Final Termination of Circumvention Inquiry and Final
Rescission of Scope Inquiry, 71 FR 38608 (July 7, 2006), and
accompanying Issues and Decision Memorandum (IDM) at Comment 2B.
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We reviewed all information on the record including the
petitioner's August 14, 2018, request for this anti-circumvention
inquiry,\28\ its subsequent submissions, and Commerce's initiation of
this inquiry.\29\ The petitioner demonstrated that imported unfinished
blends of HFC components R-32/R-125 produced in China may be further
processed into HFC blends covered by the Order, which satisfies section
781(a)(1)(A)(i) of the Act.\30\ The petitioner demonstrated that the
imported unfinished blends of HFC components R-32/R-125 cannot be sold
in the U.S. market and, therefore, must be adjusted after importation
to be sold in the United States, which satisfies section 781(a)(1)(B)
of the Act.\31\ The petitioner also provided evidence that the finished
HFC blends assembly process in the United States is minor or
insignificant under section 781(a)(1)(C) of the Act.\32\ Although the
petitioner did not have direct and specific information from U.S.
assemblers, they were able to provide information based on the ITC's
investigation, Commerce's underlying investigation, and proprietary
data, which satisfies sections 781(a)(1)(C) and 781(a)(2) of the
Act.\33\ With respect to whether the value of the parts or components
produced in China (i.e., the unfinished blends of HFC components R-32
and R-125) is a significant portion of the total value of the
merchandise subject to the Order, the petitioner was able to provide
information from CBP, proprietary data, and import statistics.\34\ The
petitioner presented information demonstrating a change in the pattern
of trade, which satisfies section 781(a)(3)(A) of the Act, and that
there is a capability for numerous facilities to adopt this approach,
which could result in a negation of the effect of the Order.\35\ Thus,
we conclude that the evidence on the record, considered in light of the
non-cooperation of Weitron and our application of facts available with
adverse inferences, is sufficient to preliminarily determine that there
has been circumvention within the meaning of section 781(a) of the Act.
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\28\ See Initiation Request.
\29\ See Notice of Initiation.
\30\ Id. at 28277 (citing Initiation Request at 7-9; and
Memorandum, ``Hydrofluorocarbon Blends from the People's Republic of
China: Placing Entry Documentation on the Record,'' dated April 11,
2018 (HFCs CBP Memo), at Attachments; and Petitioner's Letter,
``Hydrofluorocarbon Blends from the People's Republic of China:
Comments on Scope Segment for Certain R-32/R-125 Blends,'' dated
June 12, 2018 (Petitioner's June 12, 2018 Scope Comments), at 8-9).
\31\ Id. at 28277 (citing Petitioner's June 12, 2018 Scope
Comments at 4; and Weitron's Letter, ``Weitron's Response to
American HFC Coalition's Comments on Scope Segment, Antidumping Duty
Order on Hydrofluorocarbon Blends from the People's Republic of
China,'' dated June 18, 2018 (Weitron's Scope Comments), at 3; and
Initiation Request at 7-9).
\32\ Id. at 28277-78 (citing Initiation Request at 11-15 and
Exhibits 1, 2, 3, and 4; and Weitron's Scope Comments).
\33\ Id. at 282278 (citing Initiation Request at 16-17 and
Exhibits 5 and 6; and Hydrofluorocarbon Blends and Components
Thereof from the People's Republic of China: Final Determination of
Sales at Less Than Fair Value and Final Affirmative Determination of
Critical Circumstances, 81 FR 42314 (June 29, 2016), and
accompanying IDM at Comment 4).
\34\ Id. at 28278 (citing Initiation Request at 17-19 and
Exhibits 5 and 6; and HFCs CBP Memo at Attachments).
\35\ Id. at 28278 (citing Initiation Request at 19-21 and
Exhibit 3 and 4; and HFCs CBP Memo at Attachments).
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Suspension of Liquidation
In accordance with 19 CFR 351.225(l)(2), Commerce will instruct CBP
to suspend liquidation of all unfinished blends of HFC components R-32
and R-125 (as defined in the Merchandise Subject to the Anti-
Circumvention Inquiry section above) from China that are entered, or
withdrawn from warehouse, for consumption on or after June 18, 2019,
the date of initiation of this anti-circumvention inquiry.\36\ CBP
shall require cash deposits in accordance with those rates prevailing
at the time of entry, depending upon the exporter in question.
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\36\ See, e.g., Anti-circumvention Inquiry of the Antidumping
Duty Order on Certain Pasta from Italy: Affirmative Preliminary
Determination of Circumvention of the Antidumping Duty Order, 63 FR
18364, 18366 (April 15, 1998), unchanged in Anti-Circumvention
Inquiry of the Antidumping Duty Order on Certain Pasta from Italy:
Affirmative Final Determination of Circumvention of the Antidumping
Duty Order, 63 FR 54672, 54675-6 (October 13, 1998).
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Notification to the ITC
Consistent with section 781(e) of the Act, Commerce is notifying
the ITC of this affirmative preliminary determination to include the
merchandise subject to this inquiry within the AD order on HFC blends
from China. Pursuant to section 781(e) of the Act, the ITC may request
consultations concerning Commerce's proposed inclusion of the subject
merchandise. These consultations must be concluded within 15 days after
the date of the request. If, after consultations, the ITC believes that
a significant injury issue is presented by the proposed inclusion, it
will have 60 days to provide written advice to Commerce.
Public Comment
Interested parties may submit case briefs to Commerce no later than
30 days after the date of publication of this notice.\37\ Rebuttal
briefs, limited to issues raised in the case briefs, may be filed no
later than five days after the time limit for filing case briefs.\38\
Parties who submit case briefs or rebuttal briefs in this proceeding
are encouraged to submit with each argument: (1) A statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities.\39\ Case and rebuttal briefs should be filed
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).\40\
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\37\ See 19 CFR 351.309(c).
\38\ See 19 CFR 351.309(d).
\39\ See 19 CFR 351.309(c)(2) and (d)(2).
\40\ See 19 CFR 351.303.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically and
received successfully in its entirety, via ACCESS by 5:00 p.m. Eastern
Time within 30 days after the date of publication of this notice.\41\
Hearing requests should contain: (1) The party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
issues raised in the briefs. If a request for a hearing is made,
parties will be notified of the date and time for the hearing to be
held at the U.S. Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230.\42\
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\41\ See 19 CFR 351.310(c).
\42\ Id.
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Commerce will publish the final determination with respect to this
anti-circumvention inquiry, including the results of its analysis of
any written comments. The deadline for the final determination is
currently April 7, 2020.
Notification to Interested Parties
This notice is published in accordance with section 781(a) of the
Act and 19 CFR 351.225(g).
[[Page 4636]]
Dated: January 17, 2020.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-01314 Filed 1-24-20; 8:45 am]
BILLING CODE 3510-DS-P