Pentafluoroethane (R-125) from China; Inv. No. 701-TA-662 and 731-TA-1554 (Final)

=== Orders - AD/CVD - China === 12081Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Notices Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). 1 See Pentafluoroethane (R–125) from the People’s Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, in Part, 87 FR 1117 (January 10, 2022) (LTFV Final Determination). 2 See Pentafluoroethane (R–125) from the People’s Republic of China: Final Affirmative Countervailing Duty Determination, 87 FR 1110 (January 10, 2022) (CVD Final Determination). 3 See ITC’s Letter, Notification of ITC Final Determinations, dated February 23, 2022 (ITC Notification). 4 Id. 5 See Pentafluoroethane (R–125) from the People’s Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, in Part, Postponement of Final Determination, and Extension of Provisional Measures, 86 FR 45959 (August 17, 2021) (LTFV Preliminary Determination). 6 See section 736(a)(3) of the Act. the Act and 19 CFR 351.210(b)(1), the deadline for the final determinations of these investigations will continue to be 75 days after the date of the preliminary determinations. Notification to Interested Parties This notice is issued and published pursuant to section 703(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: February 25, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2022–04506 Filed 3–2–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–137; C–570–138] Pentafluoroethane (R–125) From the People’s Republic of China: Antidumping and Countervailing Duty Orders AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : Based on affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing antidumping duty (AD) and countervailing duty (CVD) orders on pentafluoroethane (R–125) from the People’s Republic of China (China). DATES : Applicable March 3, 2022. FOR FURTHER INFORMATION CONTACT : Alex Wood (AD) or Adam Simons (CVD), 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) 482–1959 or (202) 482–6172, respectively. SUPPLEMENTARY INFORMATION : Background In accordance with sections 705(d) and 735(d) of the Tariff Act of 1930, as amended (the Act), on January 10, 2022, Commerce published its affirmative final determination of sales at less than fair value (LTFV) 1 and its affirmative final determination that countervailable subsidies are being provided to producers and exporters of R–125 from China. 2 On February 23, 2022, the ITC notified Commerce of its final affirmative determinations that an industry in the United States is materially injured by reason of LTFV imports and subsidized imports of R– 125 from China, within the meaning of sections 705(b)(1)(A)(i) and 735(b)(1)(A)(i) of the Act. 3 Scope of the Orders The products covered by these orders are R–125 from China. For a complete description of the scope of the orders, see Appendix I to this notice. Antidumping Duty Order On February 23, 2022, in accordance with section 735(d) of the Act, the ITC notified Commerce of its final determination that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act by reason of imports of R–125 from China.4 Therefore, Commerce is issuing this AD order in accordance with sections 735(c)(2) and 736 of the Act. Because the ITC determined that imports of R– 125 from China are materially injuring a U.S. industry, unliquidated entries of such merchandise from China entered, or withdrawn from warehouse, for consumption are subject to the assessment of antidumping duties. Therefore, in accordance with section 736(a)(1) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by Commerce, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise for all relevant entries of R–125 from China. Antidumping duties will be assessed on unliquidated entries of R–125 from China entered, or withdrawn from warehouse, for consumption on or after August 17, 2021, the date of publication of the LTFV Preliminary Determination, but will not be assessed on entries occurring after the expiration of the provisional measures period and before publication of the ITC’s final affirmative injury determination, as further described below.5 Continuation of Suspension of Liquidation—AD In accordance with section 736 of the Act, we will instruct CBP to continue to suspend liquidation on all relevant entries of R–125 from China entered, or withdrawn from warehouse, for consumption on or after the date of publication of the ITC’s final affirmative injury determinations in the Federal Register. These instructions suspending liquidation will remain in effect until further notice. For each producer and exporter combination, Commerce will also instruct CBP to require cash deposits for estimated antidumping duties equal to the cash deposit rates listed below. Accordingly, effective on the date of publication of the ITC’s final affirmative injury determination, CBP will require, at the same time as an importer of record would normally deposit estimated duties on the subject merchandise, a cash deposit for each entry of subject merchandise equal to the cash deposit rates listed below.6 As stated in the LTFV Final Determination, Commerce made certain adjustments for export subsidies from the CVD Final Determination to the estimated weighted-average dumping margins to determine each of the cash deposit rates. Producer Exporter Estimated weighted-average dumping margin (percent) Cash deposit rate (adjusted for subsidy offsets) (percent) Zhejiang Sanmei Chemical Ind. Co., Ltd ................ Zhejiang Sanmei Chemical Ind. Co., Ltd ............... 277.95 267.41 Fujian Qingliu Dongying Chemical Ind. Co., Ltd .... Zhejiang Sanmei Chemical Ind. Co., Ltd ............... 277.95 267.41 VerDate Sep<11>2014 18:23 Mar 02, 2022 Jkt 256001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 12082 Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Notices 7 The China-wide entity also includes Zhejiang Quzhou Juxin Fluorine Chemical Co., Ltd. 8 See LTFV Preliminary Determination. 9 See ITC Notification. 10 See Pentafluoroethane (R–125) from the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 86 FR 33648 (June 25, 2021) (CVD Preliminary Determination). 11 See section 706(a)(3) of the Act. 12 Commerce has found the following companies to be cross-owned with Zhejiang Quzhou Juxin Fluorine Chemical Co., Ltd.: Juhua Group Corporation; Zhejiang Juhua Co., Ltd.; Ningbo Juhua Chemical & Science Co., Ltd.; Zhejiang Quzhou Fluoxin Chemicals Co., Ltd.; and Zhejiang Juhua Chemical Mining Co., Ltd. 13 Commerce has found the following company to be cross-owned with Zhejiang Sanmei Chemical Ind. Co., Ltd.: Fujian Qingliu Dongying Chemical Ind. Co. Ltd. Producer Exporter Estimated weighted-average dumping margin (percent) Cash deposit rate (adjusted for subsidy offsets) (percent) Producers Supplying the Non-Individually-Exam- ined Exporters Receiving Separate Rates (see Appendix II). Non-Individually-Examined Exporters Receiving Separate Rates (see Appendix II). 277.95 267.41 China-Wide Entity 7 ................................................. ................................................................................. 278.05 267.51 Provisional Measures—AD Section 733(d) of the Act states that suspension of liquidation pursuant to an affirmative preliminary determination may not remain in effect for more than four months, except that Commerce may extend the four-month period to no more than six months at the request of exporters representing a significant proportion of exports of the subject merchandise. Commerce published its LTFV Preliminary Determination on August 17, 2021.8 Therefore, the six- month period beginning on the date of publication of the LTFV Preliminary Determination ended on February 12, 2022. Therefore, in accordance with section 733(d) of the Act, Commerce will instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, unliquidated entries of R–125 from China entered, or withdrawn from warehouse, for consumption after February 12, 2022, the date on which the provisional measures expired, through the day preceding the date of publication of the ITC’s final affirmative injury determination in the Federal Register. Suspension of liquidation will resume on the date of publication of the ITC’s final affirmative injury determination in the Federal Register. Critical Circumstances—AD With regard to the ITC’s negative critical circumstances determination on R–125 from China, we will instruct CBP to lift suspension and to refund all cash deposits made to secure the payment of estimated antidumping duties with respect to entries of R–125 from China entered, or withdrawn from warehouse, for consumption on or after May 19, 2021 (i.e., 90 days prior to the date of publication of the LTFV Preliminary Determination), but before August 17, 2021 (i.e., the date of publication of the LTFV Preliminary Determination). Countervailing Duty Order On February 23, 2022, in accordance with section 705(d) of the Act, the ITC notified Commerce of its final determination that an industry in the United States is materially injured within the meaning of section 705(b)(1)(A)(i) of the Act by reason of imports of R–125 from China.9 Therefore, Commerce is issuing this CVD order in accordance with sections 705(c)(2) and 706 of the Act. Because the ITC determined that imports of R– 125 from China are materially injuring a U.S. industry, unliquidated entries of such merchandise from China entered, or withdrawn from warehouse, for consumption are subject to the assessment of countervailing duties. Therefore, in accordance with section 706(a)(1) of the Act, Commerce will direct CBP to assess, upon further instruction by Commerce, countervailing duties on all relevant entries of R–125 from China. Countervailing duties will be assessed on unliquidated entries of R–125 from China which are entered, or withdrawn from warehouse, for consumption on or after June 25, 2021, the date of publication of the CVD Preliminary Determination,10 but will not be assessed on entries occurring after the expiration of the provisional measures period and before publication of the ITC’s final affirmative injury determination, as further described below. Suspension of Liquidation—CVD In accordance with section 706 of the Act, we will instruct CBP to reinstitute suspension of liquidation on all relevant entries of R–125 from China, effective on the date of publication of the ITC’s final affirmative injury determination in the Federal Register, and to assess, upon further instruction by Commerce, pursuant to section 706(a)(1) of the Act, countervailing duties for each entry of the subject merchandise in an amount based on the net countervailable subsidy rate for the subject merchandise. These instructions suspending liquidation will remain in effect until further notice. Commerce will also instruct CBP to require cash deposits equal to the amounts as indicated below. Accordingly, effective on the date of publication of the ITC’s final affirmative injury determination, CBP will require, at the same time as importers would normally deposit estimated duties on the subject merchandise, a cash deposit for each entry of subject merchandise equal to the subsidy rates listed below. 11 The all- others rate applies to all producers or exporters not specifically listed below, as appropriate. Company Subsidy rate (percent) Arkema Daikin Advanced Fluorochemicals (Changsu) Co., Ltd ........... 291.26 Daikin Fluorochemicals (China) Co., Ltd ................ 291.26 Hongkong Richmax Ltd ........ 291.26 Weitron International Refrig- eration Equipment (Kunshan) Co., Ltd ............ 291.26 Zhejiang Quzhou Juxin Fluo- rine Chemical Co., Ltd.12 .. 3.23 Zhejiang Sanmei Chemical Ind. Co., Ltd.13 .................. 2.31 All Others .............................. 3.12 Provisional Measures—CVD Section 703(d) of the Act states that suspension of liquidation instructions issued pursuant to an affirmative preliminary determination may not remain in effect for more than four months. Commerce published its CVD Preliminary Determination on June 25, 2021. Therefore, the provisional measures period, beginning on the date of publication of the CVD Preliminary VerDate Sep<11>2014 18:23 Mar 02, 2022 Jkt 256001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 12083Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Notices 14 See Regulations to Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20, 2021) (Final Rule). 15 See Scope Ruling Application; Annual Inquiry Service List; and Informational Sessions, 86 FR 53205 (September 27, 2021) (Procedural Guidance). 16 Id. 17 This segment will be combined with the ACCESS Segment Specific Information (SSI) field, which will display the month in which the notice of the order or suspended investigation was published in the Federal Register, also known as the anniversary month. For example, for an order under case number A–000–000 that was published in the Federal Register in January, the relevant segment and SSI combination will appear in ACCESS as ‘‘AISL-January Anniversary.’’ Note that there will be only one annual inquiry service list segment per case number, and the anniversary month will be pre-populated in ACCESS. 18 See Final Rule, 86 FR at 52335. 19 ‘‘Largest relative component by volume, on an actual percentage basis’’ means that the percentage of R–125 contained in a blend is larger than the individual percentages of all the other components. For example, R–125 contained in a blend that does not conform to ANSI/ASHRAE Standard 34 and which contains 35% R–125 by volume is covered by the scope of the orders if no other component Continued Determination, ended on October 22, 2021. Pursuant to section 707(b) of the Act, the collection of cash deposits at the rate listed above will begin on the date of publication of the ITC’s final affirmative injury determinations. Therefore, in accordance with section 703(d) of the Act, Commerce instructed CBP to terminate the suspension of liquidation and to liquidate, without regard to countervailing duties, unliquidated entries of R–125 from China entered, or withdrawn from warehouse, for consumption after October 22, 2021, the date on which the provisional measures expired, through the day preceding the date of publication of the ITC’s final injury determination in the Federal Register. Suspension of liquidation will resume on the date of publication of the ITC’s final affirmative injury determination in the Federal Register. Critical Circumstances—CVD With regard to the ITC’s negative critical circumstances determination on imports of R–125 from China, we intend to instruct CBP to lift suspension and to refund any cash deposits made to secure the payment of estimated countervailing duties with respect to entries of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after March 27, 2021 (i.e., 90 days prior to the date of the publication of the CVD Preliminary Determination), but before June 25, 2021 (i.e., the date of publication of the CVD Preliminary Determination). Establishment of the Annual Inquiry Service List On September 20, 2021, Commerce published the final rule titled ‘‘Regulations to Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws’’ in the Federal Register. 14 On September 27, 2021, Commerce also published the notice titled ‘‘Scope Ruling Application; Annual Inquiry Service List; and Informational Sessions’’ in the Federal Register.15 The Final Rule and Procedural Guidance provide that Commerce will maintain an annual inquiry service list for each order or suspended investigation, and any interested party submitting a scope ruling application or request for circumvention inquiry shall serve a copy of the application or request on the persons on the annual inquiry service list for that order, as well as any companion order covering the same merchandise from the same country of origin.16 In accordance with the Procedural Guidance, for orders published in the Federal Register after November 4, 2021, Commerce will create an annual inquiry service list segment in Commerce’s online e-filing and document management system, Antidumping and Countervailing Duty Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the notice of the order. Each annual inquiry service list will be saved in ACCESS, under each case number, and under a specific segment type called ‘‘AISL-Annual Inquiry Service List.’’ 17 Interested parties who wish to be added to the annual inquiry service list for an order must submit an entry of appearance to the annual inquiry service list segment for the order in ACCESS within 30 days after the date of publication of the order. For ease of administration, Commerce requests that law firms with more than one attorney representing interested parties in an order designate a lead attorney to be included on the annual inquiry service list. Commerce will finalize the annual inquiry service list within five business days thereafter. As mentioned in the Procedural Guidance, the new annual inquiry service list will be in place until the following year, when the Opportunity Notice for the anniversary month of the order is published. Commerce may update an annual inquiry service list at any time as needed based on interested parties’ amendments to their entries of appearance to remove or otherwise modify their list of members and representatives, or to update contact information. Any changes or announcements pertaining to these procedures will be posted to the ACCESS website at https:// access.trade.gov. Special Instructions for Petitioners and Foreign Governments In the Final Rule, Commerce stated that, ‘‘after an initial request and placement on the annual inquiry service list, both petitioners and foreign governments will automatically be placed on the annual inquiry service list in the years that follow.’’ 18 Accordingly, as stated above, the petitioner and the Government of China should submit their initial entry of appearance after publication of this notice in order to appear in the first annual inquiry service list. Pursuant to 19 CFR 351.225(n)(3), the petitioner and the Government of China will not need to resubmit their entries of appearance each year to continue to be included on the annual inquiry service list. However, the petitioner and the Government of China are responsible for making amendments to their entries of appearance during the annual update to the annual inquiry service list in accordance with the procedures described above. Notification to Interested Parties This notice constitutes the AD and CVD orders with respect to R–125 from China pursuant to sections 706(a) and 736(a) of the Act. Interested parties can find a list of duty orders currently in effect at https://enforcement.trade.gov/ stats/iastats1.html. These orders are published in accordance with sections 706(a) and 736(a) of the Act and 19 CFR 351.211(b). Dated: February 25, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix I—Scope of the Orders The merchandise covered by these orders is 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 contained in blends that do not conform to ANSI/ASHRAE Standard 34 is included in the scope of these orders when R–125 constitutes the largest relative component by volume, on an actual percentage basis, of the blend.19 However, R– VerDate Sep<11>2014 18:23 Mar 02, 2022 Jkt 256001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 12084 Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Notices part of the blend equals or exceeds 35% of the volume of the blend. 20 Commerce determined that T.T. International Co., Ltd. and T.T. International Co., Limited are a single entity (collectively, TTI). 1 See Initiation and Countervailing Duty Administrative Reviews, 86 FR 17124 (April 1, 2021); see also Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from the People’s Republic of China and India: Countervailing Duty Orders, 83 FR 4637 (February 1, 2018) (Order). 2 See Memorandum, ‘‘Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India: Extension of Deadline for Preliminary Results of Countervailing Duty Administrative Review, 2020,’’ dated October 5, 2021. 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of Countervailing Duty Administrative Review: Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India; 2020,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 125 incorporated into a blend that conforms to ANSI/ASHRAE Standard 34 is excluded from the scope of these orders. When R–125 is blended with other products and otherwise falls under the scope of these orders, only the R–125 component of the mixture is covered by the scope of these orders. 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 the orders 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 orders. Only the subject component of such commingled products is covered by the scope of these orders. 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 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 classified under Harmonized Tariff Schedule of the United States (HTSUS) subheading 2903.49.1010. Merchandise subject to the scope may also be entered under HTSUS subheadings 2903.49.0000 and 3827.11.0000, or 3827.39.0000. The HTSUS subheadings and CAS registry number are provided for convenience and customs purposes. The written description of the scope of the orders is dispositive. Appendix II—Separate Rate Companies Exporter Producer Non-individually-examined exporters receiving separate rates Producers supplying the non-individually-examined exporters receiving separate rates Huantai Dongyue International Trade Co. Ltd ......................................... Jinhua Binglong Chemical Technology Co., Ltd. Shandong Dongyue Chemical Co., Ltd .................................................... Shandong Dongyue Chemical Co., Ltd. Shandong Huaan New Material Co., Ltd ................................................. Shandong Huaan New Material Co., Ltd. T.T. International Co., Ltd./T.T. International Co., Limited 20 ................... Sinochem Environmental Protection Chemicals (Taicang) Co., Ltd. T.T. International Co., Ltd./T.T. International Co., Limited ...................... Zhejiang Quhua Fluor-Chemistry Co., Ltd. T.T. International Co., Ltd./T.T. International Co., Limited ...................... Zhejiang Sanmei Chemical Industry. Co., Ltd. Zhejiang Yonghe Refrigerant Co., Ltd ..................................................... Jinhua Yonghe Fluorochemical Co., Ltd. Zibo Feiyuan Chemical Co., Ltd ............................................................... Zibo Feiyuan Chemical Co., Ltd. [FR Doc. 2022–04505 Filed 3–2–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–533–874] Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From India: Preliminary Results of Countervailing Duty Administrative Review; 2020 AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of certain cold-drawn mechanical tubing of carbon and alloy steel (cold-drawn mechanical tubing) from India during the period of review, January 1, 2020, through December 31, 2020. Interested parties are invited to comment on these preliminary results. DATES : Applicable March 3, 2022. FOR FURTHER INFORMATION CONTACT : Eliza Siordia or Eric Hawkins, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3878 or (202) 482–1988, respectively. SUPPLEMENTARY INFORMATION : Background On April 1, 2021, Commerce published a notice of initiation of an administrative review of the countervailing duty order on cold- drawn mechanical tubing from India. 1 On October 5, 2021, Commerce extended the time period for issuing these preliminary results by 117 days, in accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act). 2 The revised deadline for these preliminary results is now February 25, 2022. For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum. 3 A list of topics discussed in the Preliminary Decision Memorandum is included at the appendix to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope of the Order The merchandise covered by the Order is cold-drawn mechanical tubing from India. For a complete description of the scope of the Order, see the Preliminary Decision Memorandum. Methodology Commerce is conducting this review in accordance with section 751(a)(1)(A) of the Act. For each of the subsidy programs found countervailable, we preliminarily find that there is a subsidy, i.e., a financial contribution that gives rise to a benefit to the recipient, and the subsidy is specific.4 VerDate Sep<11>2014 18:23 Mar 02, 2022 Jkt 256001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 khammond on DSKJM1Z7X2PROD with NOTICES ──────────────────────────────────────────────────────────── === Determination - CVD - Final - China === 1110 Federal Register / Vol. 87, No. 6 / Monday, January 10, 2022 / Notices 1 See Pentafluoroethane (R-125) from the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination with Final Antidumping Duty Determination, 86 FR 33648 (June 25, 2021), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Determination in the Countervailing Duty Investigation of Pentafluoroethane (R-125) from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 4 See Pentafluoroethane (R-125) from the People’s Republic of China: Initiation of Countervailing Duty Investigation, 86 FR 8589 (February 8, 2021) (Initiation Notice). 5 See Pentafluoroethane (R-125) from the People’s Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, in Part, Postponement of Final Determination, and Extension of Provisional Measures, 86 FR 45959 (August 17, 2021) (AD Preliminary Determination) at 45960; see also Memorandum, ‘‘Preliminary Scope Decision Memorandum,’’ dated August 10, 2021 (Preliminary Scope Decision Memorandum). 6 See Preliminary Scope Decision Memorandum at 2–3. 7 See Memorandum, ‘‘Final Scope Decision Memorandum,’’ dated concurrently with, and hereby adopted by, this notice (Final Scope Decision Memorandum). 8 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 9 See sections 776(a) and 776(b) of the Act. the comments must be received in the regional office within 30 days following the meeting. Written comments may be emailed to Sarah Villanueva at svillanueva@usccr.gov. Persons who desire additional information may contact the Regional Programs Unit at (312) 353–8311. Records generated from this meeting may be inspected and reproduced at the Regional Programs Unit Office, as they become available, both before and after the meeting. Records of the meeting will be available via www.facadatabase.gov under the Commission on Civil Rights, Georgia Advisory Committee link. Persons interested in the work of this Committee are directed to the Commission’s website, http:// www.usccr.gov, or may contact the Regional Programs Unit at the above email or street address. Agenda I. Welcome and Roll Call II. Approval of Minutes: December 8, 2021 III. Discussion of Civil Asset Forfeiture in Georgia IV. Discussion of Next Steps V. Public Comment VI. Adjournment Dated: January 4, 2022. David Mussatt, Supervisory Chief, Regional Programs Unit. [FR Doc. 2022–00163 Filed 1–7–22; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration [C–570–138] Pentafluoroethane (R-125) From the People’s Republic of China: Final Affirmative Countervailing Duty Determination AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and/or exporters of pentafluoroethane (R-125) from the People’s Republic of China (China). The period of investigation is January 1, 2020, through December 31, 2020. DATES : Applicable January 10, 2022. FOR FURTHER INFORMATION CONTACT : Adam Simons, 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) 482–6172. SUPPLEMENTARY INFORMATION : Background On June 25, 2021, Commerce published the Preliminary Determination.1 The petitioner in this investigation is Honeywell International, Inc. In addition to the Government of China, the mandatory respondents in this investigation are Zhejiang Quzhou Juxin Fluorine Chemical Co., Ltd. (Juxin) and Zhejiang Sanmei Chemical Ind. Co., Ltd. (Sanmei). A summary of the events that occurred since Commerce published the Preliminary Determination and a full discussion of the issues raised by parties for this final determination are provided in the Issues and Decision Memorandum. 2 The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. Scope of the Investigation The product covered by this investigation is R-125 from China. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations,3 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).4 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. We addressed these comments in the AD Preliminary Determination and preliminarily modified the scope of this and the companion antidumping duty investigation.5 We established a period of time for parties to address scope issues in scope case and rebuttal briefs,6 and we received such comments, which we addressed in the Final Scope Decision Memorandum.7 After analyzing interested parties’ comments, we made certain changes to the scope of this and the concurrent CVD investigation that published in the Preliminary Determination. See Appendix I to this notice. Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation and the issues raised in the case and rebuttal briefs by parties in this investigation are discussed in the Issues and Decision Memorandum. A list of the issues that parties raised is attached to this notice as Appendix II. Methodology Commerce conducted this investigation in accordance with section 701 of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, Commerce determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific. 8 For a full description of the methodology underlying our final determination, see the Issues and Decision Memorandum. In making this final determination, Commerce relied, in part on facts otherwise available, and because it found that one or more respondents did not act to the best of their ability to respond to Commerce’s requests for information, it drew an adverse inference, where appropriate, in selecting from among the facts available. 9 As described in the Preliminary Determination, we applied an adverse inference in the selection of facts available for determining a subsidy VerDate Sep<11>2014 20:46 Jan 07, 2022 Jkt 256001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\10JAN1.SGM 10JAN1 khammond on DSKJM1Z7X2PROD with NOTICES 1111Federal Register / Vol. 87, No. 6 / Monday, January 10, 2022 / Notices 10 See Preliminary Decision Memorandum at 6– 18. 11 Id. at ‘‘Use of Facts Otherwise Available and Adverse Inferences.’’ 12 See Juxin’s Letter, ‘‘Submission of In-Lieu-of- Verification (ILOV) Questionnaire Response,’’ dated September 23, 2021; and Sanmei’s Letter, ‘‘Submission of In-Lieu-of-Verification (ILOV) Questionnaire Response,’’ dated October 8, 2021. 13 See Memorandum, ‘‘Post-Preliminary Analysis in the Countervailing Duty Investigation of Pentafluoroethane (R-125) from the People’s Republic of China,’’ dated September 9, 2021 (Post- Preliminary Analysis Memo); see also Issues and Decision Memorandum at Appendix II for the revised AFA rate calculation. 14 With two respondents under examination, Commerce normally calculates: (A) a weighted- average of the estimated subsidy rates calculated for the examined respondents using each company’s proprietary U.S. sale quantities for the merchandise under consideration; (B) a simple average of the estimated subsidy rates calculated for the examined respondents; and (C) a weighted-average of the estimated subsidy rates calculated for the examined respondents using each company’s publicly-ranged U.S. sale values for the merchandise under consideration. Commerce then compares (B) and (C) to (A) and selects the rate closest to (A) as the most appropriate rate for all other producers and exporters. See, e.g., Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed- Circumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53663 (September 1, 2010). 15 As discussed in the Preliminary Decision Memorandum, Commerce has found the following companies to be cross owned with Juxin: Juhua Group Corporation; Zhejiang Juhua Co., Ltd.; Ningbo Juhua Chemical & Science Co., Ltd.; Zhejiang Quzhou Fluoxin Chemicals Co., Ltd.; and Zhejiang Juhua Chemical Mining Co., Ltd. 16 As discussed in the Preliminary Decision Memorandum, Commerce has found the following company to be cross owned with Sanmei: Fujian Qingliu Dongying Chemical Ind. Co. Ltd. Commerce intends to disclose its calculations and analysis performed in this final determination to interested parties within five days of the date of public announcement to parties in this proceeding or, if there is no public announcement, within five days of publication of this notice in accordance with 19 CFR 351.224(b). rate for the four companies that did not respond to Commerce’s quantity and value (Q&V) questionnaire: Arkema Daikin Advanced Fluorochemicals (Changsu) Co., Ltd.; Daikin Fluorochemicals (China) Co., Ltd.; Hongkong Richmax Ltd.; and Weitron International Refrigeration Equipment (Kunshan) Co., Ltd. 10 For a full discussion of our application of adverse facts available (AFA), see the Preliminary Determination.11 Verification Commerce was unable to conduct on- site verification of the information relied upon in making its final determination in this investigation. However, we took additional steps in lieu of an on-site verification to verify the information relied upon in making this final determination, in accordance with section 782(i) of the Act.12 Changes Since the Preliminary Determination Based on our review and the analysis of the comments received from parties and our verification findings, we made changes to our subsidy rate calculations for Juxin and Sanmei. As a result of these changes, Commerce also revised the all-others rate. Commerce also revised the AFA rate applied to the companies which did not respond to the Q&V questionnaire to include the subsidy programs included in the Post- Preliminary Analysis Memo.13 For a discussion of these changes, see the Issues and Decision Memorandum. Final Determination In accordance with section 705(c)(1)(B)(i)(I) of the Act, we calculated individual estimated subsidy rates for Juxin and Sanmei. Section 705(c)(5)(A)(i) of the Act states that, for companies not individually investigated, Commerce will determine an all-others rate equal to the weighted- average countervailable subsidy rates established for exporters and/or producers individually investigated, excluding any zero and de minimis countervailable subsidy rates, and any rates determined entirely under section 776 of the Act. Therefore, Commerce calculated the all-others rate using a weighted average of the individual estimated subsidy rates calculated for the examined respondents using each company’s publicly ranged sales data.14 Commerce determines that the following total estimated net countervailable subsidy rates exist: Company Subsidy rate (percent) Arkema Daikin Advanced Fluorochemicals (Changsu) Co., Ltd ......................................................................................................... 306.57 Daikin Fluorochemicals (China) Co., Ltd ............................................................................................................................................. 306.57 Hongkong Richmax Ltd ....................................................................................................................................................................... 306.57 Weitron International Refrigeration Equipment (Kunshan) Co., Ltd .................................................................................................... 306.57 Zhejiang Quzhou Juxin Fluorine Chemical Co., Ltd15 ........................................................................................................................ 14.66 Zhejiang Sanmei Chemical Ind. Co., Ltd16 ......................................................................................................................................... 12.75 All Others ............................................................................................................................................................................................. 14.43 Disclosure Continuation of Suspension of Liquidation As a result of our Preliminary Determination, and pursuant to sections 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise as described in the scope of the investigation section, that were entered, or withdrawn from warehouse, for consumption on or after June 25, 2021, the date of publication of the Preliminary Determination in the Federal Register. In accordance with section 703(d) of the Act, we instructed CBP to discontinue the suspension of liquidation for subject merchandise entered, or withdrawn from warehouse, on or after October 23, 2021. If the U.S. International Trade Commission (ITC) issues a final affirmative injury determination, we will issue a countervailing duty (CVD) order, reinstate the suspension of liquidation under section 706(a) of the Act, and require cash deposit of estimated countervailing duties for such entries of subject merchandise in the amounts indicated above. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated, and all estimated duties deposited, or securities posted as a result of the suspension of liquidation will be refunded or canceled. ITC Notification In accordance with section 705(d) of the Act, we will notify the ITC of our determination. Because the final determination in this proceeding is affirmative, in accordance with section 705(b) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of R-125 from China no later than 45 days after our final determination. VerDate Sep<11>2014 20:46 Jan 07, 2022 Jkt 256001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\10JAN1.SGM 10JAN1 khammond on DSKJM1Z7X2PROD with NOTICES 1112 Federal Register / Vol. 87, No. 6 / Monday, January 10, 2022 / Notices 17 ‘‘Largest relative component by volume, on an actual percentage basis’’ means that the percentage of R-125 contained in a blend is larger than the individual percentages of all the other components. For example, R-125 contained in a blend that does not conform to ANSI/ASHRAE Standard 34 and which contains 35% R-125 by volume is covered by the scope of the investigations if no other component part of the blend equals or exceeds 35% of the volume of the blend. 1 See Welded Line Pipe from the Republic of Korea: Final Results of Antidumping Duty Administrative Review and Final Determination of If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated, and all cash deposits will be refunded. If the ITC determines that material injury or threat of material injury does exist, Commerce will issue a CVD order directing CBP to assess, upon further instruction by Commerce, countervailing duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ‘‘Continuation of Suspension of Liquidation’’ section. Notification Regarding Administrative Protective Order In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to 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. Notification to Interested Parties This notice is issued and published in accordance with sections 705(d) and 777(i) of the Act. Dated: December 30, 2021. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The merchandise covered by this investigation is 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 contained in blends that do not conform to ANSI/ASHRAE Standard 34 is included in the scope of this investigation when R-125 constitutes the largest relative component by volume, on an actual percentage basis, of the blend.17 However, R- 125 incorporated into a blend that conforms to ANSI/ASHRAE Standard 34 is excluded from the scope of this investigation. When R- 125 is blended with other products and otherwise falls under the scope of this investigation, only the R-125 component of the mixture is covered by the scope of this investigation. 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 this investigation 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 this investigation. Only the subject component of such commingled products is covered by the scope of this investigation. 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 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 classified under Harmonized Tariff Schedule of the United States (HTSUS) subheading 2903.39.2035 and 2903.39.2038. 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 this investigation is dispositive. Appendix II List of Topics Discussed in the Issues and Decision Memo I. Summary II. Background III. Scope Comments IV. Final Affirmative Determination of Critical Circumstances V. Subsidies Valuation Information VI. Use of Facts Otherwise Available and Adverse Inferences VII. Analysis of Programs VIII. Discussion of the Issues Comment 1: Application of Adverse Facts Available (AFA) to the Export Buyer’s Credit Program (EBCP) Comment 2: Application of AFA to the Provision of Electricity for Less-Than- Adequate-Renumeration (LTAR) Program Comment 3: Application of AFA to Other Subsidy Programs Comment 4: Ministerial Error in the Subsidy Rate Calculation for the Electricity for LTAR Program for Sanmei Comment 5: Selection of Fluorspar for LTAR Benchmark Prices Comment 6: Creditworthiness of Juhua Group Corporation (Juhua Group) Comment 7: Undervaluation of the Renminbi (RMB) Comment 8: Seasonality in the Critical Circumstances Analysis IX. Recommendation [FR Doc. 2022–00180 Filed 1–7–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–876] Welded Line Pipe From the Republic of Korea: Notice of Court Decision Not in Harmony With the Results of Antidumping Administrative Review; Notice of Amended Final Results AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : On January 3, 2022, the U.S. Court of International Trade (CIT) issued its final judgment in Husteel Co., Ltd. v. United States, Consol. Court No. 19–00112, sustaining the Department of Commerce (Commerce)’s second remand results pertaining to the administrative review of the antidumping duty (AD) order on welded line pipe (WLP) from the Republic of Korea (Korea) covering the period December 1, 2016, through November 30, 2017. Commerce is notifying the public that the CIT’s final judgment is not in harmony with Commerce’s final results of the administrative review, and that Commerce is amending the final results with respect to the dumping margins assigned to NEXTEEL Co., Ltd. (NEXTEEL), SeAH Steel Corporation (SeAH), and non-selected respondents. DATES : Applicable January 13, 2022. FOR FURTHER INFORMATION CONTACT : David Goldberger, 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) 482–4136. SUPPLEMENTARY INFORMATION : Background On June 14, 2019, Commerce published its final results in the 2016– 2017 AD administrative review of WLP from Korea. 1 Commerce calculated VerDate Sep<11>2014 18:16 Jan 07, 2022 Jkt 256001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\10JAN1.SGM 10JAN1 khammond on DSKJM1Z7X2PROD with NOTICES ──────────────────────────────────────────────────────────── === Determination - CVD - Preliminary - China === 33648 Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Notices 1 See Pentafluoroethane (R–125) from the People’s Republic of China: Initiation of Countervailing Duty Investigation, 86 FR 8589 (February 8, 2021) (Initiation Notice). 2 See Pentafluoroethane (R–125) from the People’s Republic of China: Postponement of Preliminary Determination in the Countervailing Duty Investigation, 86 FR 14406 (March 16, 2021). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination of the Countervailing Duty Investigation of Pentafluoroethane (R–125) from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice. 6 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 7 See sections 776(a) and (b) of the Act. 8 See Petitioner’s Letter, ‘‘Request to Align Final Countervailing Duty Determination with Final Antidumping Duty Determination,’’ dated May 21, 2021. Comment 2: Whether Commerce Should Adjust Maquilacero’s Costs for Non- Prime Products Comment 3: Whether Commerce Should Use Average Net Price to Value Maquilacero’s Non-Prime Product Comment 4: Whether Commerce Should Adjust the Selling, General, and Administrative (SG&A) Cost Calculation Maquilacero Provided for Tecnicas de Fluidos S.A. de C.V. (TEFLU) Comment 5: Whether Commerce Should Revise Its Adjustment to Maquilacero’s Costs for Coil Obtained From Affiliated Parties Comment 6: Whether Commerce Should Recalculate the Adjustment to Maquilacero’s Scrap Offset Comment 7: Whether Commerce Should Adjust TEFLU’s Further Processing Costs Comment 8: Whether Maquilacero’s and TEFLU’s Sales Were Made at the Same Level of Trade Comment 9: Whether Commerce Should Collapse Maquilacero and TEFLU Comment 10: Whether Commerce Should Make Certain Changes to Maquilacero’s SAS Programs Comment 11: Whether Commerce Should Assign Perfiles the Weighted-Average Dumping Margin It Received as a Mandatory Respondent in the 2013–2014 Administrative Review VI. Recommendation [FR Doc. 2021–13550 Filed 6–24–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–138] Pentafluoroethane (R–125) From the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of pentafluoroethane (R–125) from the People’s Republic of China (China). The period of investigation is January 1, 2020, through December 31, 2020. Interested parties are invited to comment on this preliminary determination. DATES : Applicable June 25, 2021. FOR FURTHER INFORMATION CONTACT : Joshua Tucker or Adam Simons, 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) 482–2044 or (202) 482–6172, respectively. SUPPLEMENTARY INFORMATION : Background This preliminary determination is made in accordance with section 703(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on February 8, 2021. 1 On March 16, 2021, Commerce postponed the preliminary determination of this investigation to June 11, 2021. 2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. Scope of the Investigation The product covered by this investigation is R–125 from China. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations, the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage, (i.e., scope). 4 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice.5 Commerce intends to issue its preliminary decision regarding comments concerning the scope of the antidumping (AD) and countervailing duty (CVD) investigations in the preliminary determination of the companion AD investigation. Methodology Commerce is conducting this investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, Commerce preliminarily determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.6 Commerce notes that, in making these findings, it relied, in part, on facts available and, because it finds that one or more respondents did not act to the best of their ability to respond to Commerce’s requests for information, it drew an adverse inference where appropriate in selecting from among the facts otherwise available. 7 For further information, see ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ in the Preliminary Decision Memorandum. Alignment As noted in the Preliminary Decision Memorandum, in accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is aligning the final CVD determination in this investigation with the final determination in the companion AD investigation of R–125 from China based on a request made by the petitioner.8 Consequently, the final CVD determination will be issued on the same date as the final AD determination, which is currently scheduled to be issued no later than October 25, 2021, unless postponed. All-Others Rate Sections 703(d) and 705(c)(5)(A) of the Act provide that in the preliminary determination, Commerce shall determine an estimated all-others rate for companies not individually examined. This rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any zero and de minimis rates and any rates based entirely under section 776 of the Act. In this investigation, Commerce calculated individual estimated VerDate Sep<11>2014 18:38 Jun 24, 2021 Jkt 253001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\25JNN1.SGM 25JNN1 lotter on DSK11XQN23PROD with NOTICES1 33649Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Notices 9 With two respondents under examination, Commerce normally calculates (A) a weighted- average of the estimated subsidy rates calculated for the examined respondents using each company’s proprietary U.S. sale quantities for the merchandise under consideration; (B) a simple average of the estimated subsidy rates calculated for the examined respondents; and (C) a weighted-average of the estimated subsidy rates calculated for the examined respondents using each company’s publicly-ranged U.S. sale values for the merchandise under consideration. Commerce then compares (B) and (C) to (A) and selects the rate closest to (A) as the most appropriate rate for all other producers and exporters. See, e.g., Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed- Circumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53663 (September 1, 2010). 10 As discussed in the Preliminary Decision Memorandum, Commerce has found the following companies to be cross-owned with Juxin: Juhua Group Corporation; Zhejiang Juhua Co., Ltd.; Ningbo Juhua Chemical & Science Co., Ltd.; Zhejiang Quzhou Fluoxin Chemicals Co., Ltd.; and Zhejiang Juhua Chemical Mining Co., Ltd. 11 As discussed in the Preliminary Decision Memorandum, Commerce has found the following company to be cross-owned with Sanmei: Fujian Qingliu Dongying Chemical Ind. Co. Ltd. 12 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). 13 See 19 CFR 351.310(d). countervailable subsidy rates for Zhejiang Quzhou Juxin Fluorine Chemical Co., Ltd. (Juxin) and Zhejiang Sanmei Chemical Ind. Co., Ltd. (Sanmei) that are not zero, de minimis, or based entirely on facts otherwise available. Commerce calculated the all- others rate using a weighted average of the individual estimated subsidy rates calculated for the examined respondents using each company’s publicly ranged values for the value of their exports of subject merchandise to the United States.9 Preliminary Determination Commerce preliminarily determines that the following estimated countervailable subsidy rates exist: Company Subsidy rate (percent) Arkema Daikin Advanced Fluorochemicals (Changsu) Co., Ltd ......................................................................................................... 291.26 Daikin Fluorochemicals (China) Co., Ltd ............................................................................................................................................. 291.26 Hongkong Richmax Ltd ....................................................................................................................................................................... 291.26 Weitron International Refrigeration Equipment (Kunshan) Co., Ltd .................................................................................................... 291.26 Zhejiang Quzhou Juxin Fluorine Chemical Co., Ltd. 10 ....................................................................................................................... 3.23 Zhejiang Sanmei Chemical Ind. Co., Ltd. 11 ........................................................................................................................................ 2.31 All-Others ............................................................................................................................................................................................. 3.12 Suspension of Liquidation In accordance with sections 703(d)(1)(B) and (d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise as described in the scope of the investigation section entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the rates indicated above. Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of its public announcement, or if there is no public announcement, within five days of the date of this notice in accordance with 19 CFR 351.224(b). Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination. Normally, Commerce verifies information using standard procedures, including an on- site examination of original accounting, financial, and sales documentation. However, due to current travel restrictions in response to the global COVID–19 pandemic, Commerce is unable to conduct on-site verification in this investigation. Accordingly, we intend to verify the information relied upon in making the final determination through alternative means in lieu of an on-site verification. Public Comment Case briefs or other written comments on non-scope issues may be submitted to the Assistant Secretary for Enforcement and Compliance. Interested parties will be notified of the timeline for the submission of case briefs and written comments at a later date. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline date for case briefs.12 The deadlines for submitting case and rebuttal briefs on scope issues will be established as part of the preliminary determination in the companion AD investigation. Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation 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. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce within 30 days after the date of publication of this notice. Requests should contain the party’s name, address, and telephone number, the number of participants, and a list of the issues to be discussed. Oral presentations at 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 time and date for the hearing.13 International Trade Commission Notification In accordance with section 703(f) of the Act, Commerce will notify the International Trade Commission (ITC) of its determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether these imports are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act, and 19 CFR 351.205(c). Dated: June 11, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The merchandise covered by this investigation is pentafluoroethane (R–125), or its chemical equivalent, regardless of form, VerDate Sep<11>2014 18:38 Jun 24, 2021 Jkt 253001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\25JNN1.SGM 25JNN1 lotter on DSK11XQN23PROD with NOTICES1 33650 Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Notices 1 See Common Alloy Aluminum Sheet from the People’s Republic of China: Countervailing Duty Order, 84 FR 2157 (February 6, 2019) (Order). 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 85 FR 19730 (April 8, 2020). 3 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews in Response to Operational Adjustments Due to COVID–19,’’ dated April 24, 2020. 4 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews,’’ dated July 21, 2020. 5 See Memorandum, ‘‘Common Alloy Aluminum Sheet from the People’s Republic of China: Extension of Deadline for Preliminary Results of Countervailing Duty Administrative Review; 4/23/ 2018–12/31/2019,’’ dated January 25, 2021. 6 See Texarkana Aluminum, Inc.’s Letter, ‘‘Common Alloy Aluminum Sheet (CAAS) from China, Antidumping (AD) & Countervailing Duty (CVD) Administrative Reviews,’’ dated April 9, 2020; and Domestic Industry’s Letter, ‘‘1st Administrative Review of the Countervailing Duty Order on Common Alloy Aluminum Sheet from the People’s Republic of China—Domestic Industry’s Withdrawal of Certain Requests for Administrative Reviews,’’ dated August 19, 2020. 7 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the Countervailing Duty Administrative Review of Common Alloy Aluminum Sheet from the People’s Republic of China; 2018–2019,’’ dated concurrently, and hereby adopted by, this notice (Preliminary Decision Memorandum). type or purity level. R–125 has the Chemical Abstracts Service (CAS) registry number of 354–33–6 and the chemical formula C2 HF5. R–125 is also referred to as Pentafluoroethane, Genetron HFC 125, Khladon 125, Suva 125, Freon 125, and Fc- 125. Subject merchandise includes R–125, whether or not incorporated into a blend. When R–125 is blended with other products, only the R–125 component of the mixture is covered by the scope of this investigation. Subject merchandise also includes R–125 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 this investigation 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 this investigation. Only the subject component of such commingled products is covered by the scope of this investigation. Excluded from the current scope is merchandise covered by the scope of the antidumping order on hydrofluorocarbon blends from the People’s Republic of China. See Hydrofluorocarbon Blends from the People’s Republic of China: Antidumping Duty Order, 81 FR 55436 (August 19, 2016). R–125 is classified under Harmonized Tariff Schedule of the United States (HTSUS) subheading 2903.39.2035. Merchandise subject to the scope may also be entered under HTSUS subheadings 2903.39.2045 and 3824.78.0020. The HTSUS subheadings and CAS registry number are provided for convenience and customs purposes. The written description of the scope of the investigation is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Injury Test V. Diversification of China’s Economy VI. Use of Facts Otherwise Available and Adverse Inferences VII. Subsidies Valuation VIII. Benchmarks and Interest Rates IX. Analysis of Programs X. Conclusion [FR Doc. 2021–13582 Filed 6–24–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–074] Common Alloy Aluminum Sheet From the People’s Republic of China: Preliminary Results of Countervailing Duty Administrative Review, Rescission of Review, in Part, and Intent To Rescind, in Part; 2018–2019 AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of common alloy aluminum sheet (aluminum sheet) from the People’s Republic of China (China). The period of review (POR) is April 23, 2018, through December 31, 2019. DATES : Applicable June 25, 2021. FOR FURTHER INFORMATION CONTACT : John McGowan or Natasia Harrison, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3019 or (202) 482–1240, respectively. SUPPLEMENTARY INFORMATION : Background On April 8, 2020, Commerce published a notice of initiation of an administrative review of the countervailing duty (CVD) order 1 on aluminum sheet from China.2 On April 24, 2020, Commerce tolled all deadlines in administrative reviews by 50 days. 3 On July 21, 2020, Commerce tolled all deadlines in administrative reviews by an additional 60 days.4 On January 25, 2021, Commerce extended the deadline for the preliminary results of this review until June 18, 2021. 5 Based on timely withdrawal of requests for administrative review, Commerce intends to partially rescind the administrative review of two entities.6 Therefore, concurrently with these preliminary results, we are rescinding the review with respect to these companies. For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum. 7 A list of topics discussed in the Preliminary Decision Memorandum is included at Appendix I of this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic System (ACCESS). ACCESS is available to registered users at http:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. Scope of the Order The merchandise covered by the Order is aluminum sheet form China. For a complete description of the scope of the Order, see Appendix II. Rescission of Administrative Review, in Part Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if the party or parties that requested a review withdraw the request within 90 days of the publication date of the notice of initiation of the requested review. As noted above, all requests for administrative review were timely withdrawn for certain companies. Therefore, in accordance with 19 CFR 351.213(d)(1), we are rescinding this administrative review with respect to: Luoyang Longding Aluminium Industries Co., Ltd. and Multipanel UK Ltd. Intent To Rescind Administrative Review, in Part Pursuant to 19 CFR 351.213(d)(3), we intend to rescind this review following VerDate Sep<11>2014 18:38 Jun 24, 2021 Jkt 253001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\25JNN1.SGM 25JNN1 lotter on DSK11XQN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination - AD - Final - China === 1117Federal Register / Vol. 87, No. 6 / Monday, January 10, 2022 / Notices 1 See Pentafluoroethane (R-125) from the People’s Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, in Part, Postponement of Final Determination, and Extension of Provisional Measures, 86 FR 45959 (August 17, 2021) (Preliminary Determination). 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination in the Less-Than-Fair-Value Investigation of Pentafluoroethane (R-125) from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 4 See Pentafluoroethane (R-125) from the People’s Republic of China: Initiation of Less-Than-Fair- Value Investigation, 86 FR 8583 (February 8, 2021) (Initiation Notice). 5 See Preliminary Determination, 86 FR at 45960; see also Memorandum, ‘‘Preliminary Scope Decision Memorandum,’’ dated August 10, 2021 (Preliminary Scope Decision Memorandum). 6 See Preliminary Scope Decision Memorandum at 2–3. 7 See Memorandum, ‘‘Final Scope Decision Memorandum,’’ dated concurrently with, and hereby adopted by, this notice (Final Scope Decision Memorandum). 192. Quadra Cedar 193. Rayonier A.M. Canada GP 194. Rembos Inc. 195. Rene Bernard Inc. 196. Richard Lutes Cedar Inc. 197. Rielly Industrial Lumber Inc. 198. S & K Cedar Products Ltd. 199. S&R Sawmills Ltd 200. S&W Forest Products Ltd. 201. San Industries Ltd. 202. Sawarne Lumber Co. Ltd. 203. Scierie P.S.E. lnc. 204. Scierie St-Michel inc. 205. Scierie West Brome Inc. 206. Scotsburn Lumber Co. Ltd. 207. Scott Lumber Sales 208. Serpentine Cedar Ltd. 209. Sexton Lumber Co. Ltd. 210. Sigurdson Forest Products Ltd. 211. Silvaris Corporation 212. Silver Creek Premium Products Ltd. 213. Sinclar Group Forest Products Ltd. 214. Skana Forest Products Ltd. 215. Skeena Sawmills Ltd 216. Sound Spars Enterprise Ltd. 217. South Beach Trading Inc. 218. Specialiste de Bardeau de Cedre Inc. 219. Spruceland Millworks Inc. 220. Star Lumber Canada Ltd. 221. Sundher Timber Products Ltd. 222. Surrey Cedar Ltd. 223. T.G. Wood Products, Ltd. 224. Taan Forest LP/Taan Forest Products 225. Taiga Building Products Ltd. 226. Tall Tree Lumber Company 227. Tembec Inc. 228. Temrex Produits Forestiers s.e.c. 229. Terminal Forest Products Ltd. 230. The Wood Source Inc. 231. Tolko Industries Ltd. and Tolko Marketing and Sales Ltd. 232. Trans-Pacific Trading Ltd. 233. Triad Forest Products Ltd. 234. Twin Rivers Paper Co. Inc. 235. Tyee Timber Products Ltd. 236. Universal Lumber Sales Ltd. 237. Usine Sartigan Inc. 238. Vaagen Fibre Canada, ULC 239. Valley Cedar 2 Inc./Valley Cedar 2 ULC 240. Vancouver Island Shingle, Ltd. 241. Vancouver Specialty Cedar Products Ltd. 242. Vanderhoof Specialty Wood Products Ltd. 243. Visscher Lumber Inc 244. W.I. Woodtone Industries Inc. 245. Waldun Forest Product Sales Ltd. 246. Watkins Sawmills Ltd. 247. West Bay Forest Products Ltd. 248. West Wind Hardwood Inc. 249. Western Forest Products Inc. 250. Western Lumber Sales Limited 251. Western Wood Preservers Ltd. 252. Weston Forest Products Inc. 253. Westrend Exteriors Inc. 254. Weyerhaeuser Co. 255. White River Forest Products L.P. 256. Winton Homes Ltd. 257. Woodline Forest Products Ltd. 258. Woodstock Forest Products/Woodstock Forest Products Inc. 259. Woodtone Specialties Inc. 260. Yarrow Wood Ltd. [FR Doc. 2022–00212 Filed 1–7–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–137] Pentafluoroethane (R-125) From the People’s Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, in Part AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The Department of Commerce (Commerce) determines that pentafluoroethane (R-125) from the People’s Republic of China (China) is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is July 1, 2020, through December 31, 2020. The final dumping margins of sales at LTFV is listed below in the ‘‘Final Determination’’ section of this notice. DATES : Applicable January 10, 2022. FOR FURTHER INFORMATION CONTACT : Alex Wood or Benjamin A. Luberda, 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) 482–1959 or (202) 482–2185, respectively. SUPPLEMENTARY INFORMATION : Background On August 17, 2021, Commerce published the Preliminary Determination of sales at LTFV of R-125 from China. 1 The petitioner in this investigation is Honeywell International Inc. The mandatory respondents in this investigation are Zhejiang Sanmei Chemical Ind. Co., Ltd. (Sanmei) and Zhejiang Quzhou Juxin Fluorine Chemical Co., Ltd. (Juxin). A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by the parties for this final determination, are discussed in the Issues and Decision Memorandum.2 The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. Scope of the Investigation The product covered by this investigation is R-125 from China. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations,3 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).4 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. We addressed these comments in the Preliminary Determination and preliminarily modified the scope of this and the companion countervailing duty (CVD) investigation.5 We established a period of time for parties to address scope issues in scope case and rebuttal briefs,6 and we received such comments, which we addressed in the Final Scope Decision Memorandum.7 After analyzing interested parties’ comments, we made certain changes to the scope of this and the concurrent CVD investigation that published in the Preliminary Determination. See Appendix I to this notice. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this investigation are addressed in the Issues and Decision Memorandum. A list of the issues raised is attached to this notice as Appendix II. VerDate Sep<11>2014 18:16 Jan 07, 2022 Jkt 256001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\10JAN1.SGM 10JAN1 khammond on DSKJM1Z7X2PROD with NOTICES 1118 Federal Register / Vol. 87, No. 6 / Monday, January 10, 2022 / Notices 8 See Commerce’s Letter, ‘‘Zhejiang Sanmei Chemical Ind. Co., Ltd. Verification Questionnaire,’’ dated September 9, 2021; see also Sanmei’s Letter, ‘‘Submission of Zhejiang Sanmei’s Verification Response,’’ dated September 20, 2021. 9 See Issues and Decision Memorandum. 10 See Issues and Decision Memorandum at ‘‘VIII. Affirmative Determination of Critical Circumstances, in Part’’ and Comment 1. 11 The China-wide entity includes those companies who did not submit a separate rate application and Juxin, which withdrew from participation as a mandatory respondent in this investigation. 12 See, e.g., Notice of Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination: Purified Carboxymethyl Cellulose from Finland, 69 FR 77216 (December 27, 2004), unchanged in Notice of Final Determination of Sales at Less Than Fair Value: Purified Carboxymethyl Cellulose from Finland, 70 FR 28279 (May 17, 2005). 13 See Issues and Decision Memorandum at ‘‘IV. Use of Adverse Facts Available.’’ 14 See Initiation Notice, 86 FR at 8587. 15 The China-Wide Entity also includes Juxin. 16 See Issues and Decision Memorandum at ‘‘VI. Adjustment Under Section 777A(f) of the Act.’’ Verification Commerce was unable to conduct on- site verification of the information relied upon in making its final determination in this investigation. However, we took additional steps in lieu of an on-site verification to verify the information relied upon in making this final determination, in accordance with section 782(i) of the Tariff Act of 1930, as amended (the Act).8 Changes Since the Preliminary Determination Based on our review and analysis of the comments received from parties, we made certain changes to the AD margin calculation for Sanmei. 9 Final Affirmative Determination of Critical Circumstances We continue to find that critical circumstances exist for imports of R-125 from China for the non-selected companies receiving a separate rate and the China-wide entity pursuant to sections 735(a)(3)(A) and (B) of the Act and 19 CFR 351.206. 10 China-Wide Entity and the Use of Adverse Facts Available For the reasons explained in the Preliminary Determination, we continue to find that the use of adverse facts available (AFA), pursuant to sections 776(a) and (b) of the Act, is warranted in determining the rate for the China- wide entity.11 In selecting the AFA rate for the China-wide entity, Commerce’s practice is to select a rate that is sufficiently adverse to ensure that the uncooperative party does not obtain a more favorable result by failing to cooperate than if it had fully cooperated.12 As AFA, we assigned the China-wide entity a dumping margin of 278.05 percent, which is the highest transaction-specific rate calculated for Sanmei for the final determination.13 Because this constitutes primary information calculated in the normal course of the investigation, the statutory corroboration requirement in section 776(c) of the Act does not apply. Separate Rates For the final determination, we continue to find that Sanmei and certain non-individually examined respondents are eligible for separate rates. Generally, Commerce looks to section 735(c)(5)(A) of the Act, which provides instructions for calculating the all-others rate in an investigation, for guidance when calculating the rate for separate rate respondents that we did not individually examine. Because the only individually calculated dumping margin for Sanmei is not zero, de minimis, or based entirely on facts otherwise available, the estimated weighted- average dumping margin calculated for Sanmei is the margin assigned to all other non-individually-examined separate rate recipients, pursuant to section 735(c)(5)(A) of the Act Combination Rates In the Initiation Notice,14 Commerce stated that it would calculate producer/ exporter combination rates for the respondents that are eligible for a separate rate in this investigation. For a list of the respondents that established eligibility for their own separate rates and the exporter/producer combination rates applicable to these respondents, see Appendix III. Final Determination The final estimated weighted-average dumping margins are as follows: Producer Exporter Estimated weighted- average dumping margin (percent) Cash deposit rate (adjusted for subsidy offsets) (percent) Zhejiang Sanmei Chemical Ind. Co., Ltd ..................... Zhejiang Sanmei Chemical Ind. Co., Ltd ..................... 277.95 267.41 Fujian Qingliu Dongying Chemical Ind. Co., Ltd .......... Zhejiang Sanmei Chemical Ind. Co., Ltd ..................... 277.95 267.41 Producers Supplying the Non-Individually-Examined Exporters Receiving Separate Rates (see Appendix III). Non-Individually-Examined Exporters Receiving Sepa- rate Rates (see Appendix III). 277.95 267.41 China-Wide Entity 15 ..................................................... ....................................................................................... 278.05 267.51 Disclosure Commerce intends to disclose the calculations performed in connection with this final determination within five days of the date of publication of this notice to parties in this proceeding in accordance with 19 CFR 351.224(b) Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, Commerce will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all appropriate entries of R-125 from Sanmei, the separate rates companies, and the China-wide entity. To determine the cash deposit rate, Commerce normally adjusts the estimated weighted-average dumping margin by the amount of domestic subsidy pass-through and export subsidies determined in a companion CVD proceeding when CVD provisional measures are in effect. Accordingly, where Commerce makes an affirmative determination for domestic subsidy pass-through or export subsidies, Commerce offsets the calculated estimated weighted-average dumping margin by the appropriate rate(s). In this case, we made a negative determination for domestic subsidy pass-through for all respondents,16 but we found export VerDate Sep<11>2014 18:16 Jan 07, 2022 Jkt 256001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\10JAN1.SGM 10JAN1 khammond on DSKJM1Z7X2PROD with NOTICES 1119Federal Register / Vol. 87, No. 6 / Monday, January 10, 2022 / Notices 17 Id. at ‘‘VII. Adjustments to Cash Deposit Rates for Export Subsidies.’’ 18 ‘‘Largest relative component by volume, on an actual percentage basis’’ means that the percentage of R-125 contained in a blend is larger than the individual percentages of all the other components. For example, R-125 contained in a blend that does not conform to ANSI/ASHRAE Standard 34 and which contains 35% R-125 by volume is covered by the scope of the investigation if no other component part of the blend equals or exceeds 35% of the volume of the blend. subsidies for all respondents.17 However, suspension of liquidation for provisional measures in the companion CVD case has been discontinued; therefore, we are not instructing CBP to collect cash deposits based upon the adjusted estimated weighted-average dumping margin for those export subsidies at this time. Pursuant to section 735(c)(1)(B)(ii) of the Act, upon the publication of this notice, Commerce will instruct CBP to require a cash deposit equal to the weighted-average amount by which normal value exceeds U.S. price as follows: (1) The cash deposit rate for the exporter/producer combination listed in the table above or in Appendix III will be the rate identified for that combination in that table or Appendix III; (2) for all combinations of exporters/ producers of merchandise under consideration that have not received their own separate rate, the cash deposit rate will be the cash deposit rate established for the China-wide entity; and (3) for all non-Chinese exporters of the merchandise under consideration that have not received their own separate rate, the cash deposit rate will be the cash deposit rate applicable to the Chinese exporter/producer combination that supplied that non- Chinese exporter. These suspension of liquidation instructions will remain in effect until further notice. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the International Trade Commission (ITC) of our determination. Because the final determination in this proceeding is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of R-125 from China no later than 45 days after our final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated, and all cash deposits will be refunded. If the ITC determines that such injury does exist, Commerce will issue an AD order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ‘‘Continuation of Suspension of Liquidation’’ section. Notification Regarding Administrative Protective Orders In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. Notification to Interested Parties This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c). Dated: December 30, 2021. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The merchandise covered by this investigation is 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 contained in blends that do not conform to ANSI/ASHRAE Standard 34 is included in the scope of this investigation when R-125 constitutes the largest relative component by volume, on an actual percentage basis, of the blend.18 However, R- 125 incorporated into a blend that conforms to ANSI/ASHRAE Standard 34 is excluded from the scope of this investigation. When R- 125 is blended with other products and otherwise falls under the scope of this investigation, only the R-125 component of the mixture is covered by the scope of this investigation. 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 the investigation 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 this investigation. Only the subject component of such commingled products is covered by the scope of this investigation. 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 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 classified under Harmonized Tariff Schedule of the United States (HTSUS) subheading 2903.39.2035 and 2903.39.2038. 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 the investigation is dispositive. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Use of Adverse Facts Available V. Changes Since the Preliminary Determination VI. Adjustment Under Section 777A(f) of the Act VII. Adjustments to Cash Deposit Rates for Export Subsidies VIII. Affirmative Determination of Critical Circumstances, in Part IX. Discussion of the Issues General Issues Comment 1: Critical Circumstances Sanmei-Specific Issues Comment 2: Whether To Exclude Sanmei’s Sales to T.T. International Co., Ltd. Comment 3: Commerce’s Preliminary Application of Facts Available Comment 3A: Application of Adverse Facts Available Comment 3B: Valuation of the Intermediate Input Anhydrous Fluoride Comment 3C: Valuation of Sanmei’s Steam Input Comment 3D: By-Product Offsets Comment 3E: Whether Sanmei Properly Reported Factors of Production Comment 3F: Added Inland Movement Expense for Imported Perchloroethylene Comment 4: Sanmei’s Market Economy Purchases Surrogate Values VerDate Sep<11>2014 18:16 Jan 07, 2022 Jkt 256001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\10JAN1.SGM 10JAN1 khammond on DSKJM1Z7X2PROD with NOTICES 1120 Federal Register / Vol. 87, No. 6 / Monday, January 10, 2022 / Notices 19 Commerce preliminarily determined that T.T. International Co., Ltd. and T.T. International Co., Limited are a single entity (collectively, TTI). See Memorandum, ‘‘Affiliation and Single Entity Status—T.T. International Co., Ltd.,’’ dated August 10, 2021. No party has challenged that finding for the final determination. Accordingly, we are treating TTI as a single entity for the purposes of the final determination. 1 See Antidumping Duty Order; Tapered Roller Bearings and Parts Thereof, finished or Unfinished, from the People’s Republic of China, 52 FR 22667 (June 15, 1987), as amended, Tapered Roller Bearings from the People’s Republic of China; Amendment to Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order in Accordance with Decision Upon Remand, 55 FR 6669 (February 26, 1990). 2 See Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, from the People’s Republic of China: Preliminary Results and Intent to Rescind the Review, in Part; 2019–2020, 86 FR 36099 (July 8, 2021) (Preliminary Results), and accompanying Preliminary Decision Memorandum. 3 See Memorandum, ‘‘Extension of Deadline for the Final Results of Antidumping Duty Administrative,’’ dated October 14, 2021. 4 See Memorandum, ‘‘Decision Memorandum for the Final Results of the 2019–2020 Administrative Review of the Antidumping Duty Order on Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). Comment 5: Calculation of the Truck Freight Surrogate Value Comment 6: Financial Statements X. Recommendation Appendix III Separate Rate Companies Exporter Producer Non-individually-examined exporters receiving separate rates Producers supplying the non-individually-examined exporters receiving separate rates Huantai Dongyue International Trade Co. Ltd ......................................... Jinhua Binglong Chemical Technology Co., Ltd. Shandong Dongyue Chemical Co., Ltd .................................................... Shandong Dongyue Chemical Co., Ltd. Shandong Huaan New Material Co., Ltd ................................................. Shandong Huaan New Material Co., Ltd. T.T. International Co., Ltd./T.T. International Co., Limited 19 ................... Sinochem Environmental Protection Chemicals (Taicang) Co., Ltd. T.T. International Co., Ltd./T.T. International Co., Limited ...................... Zhejiang Quhua Fluor-Chemistry Co., Ltd. T.T. International Co., Ltd./T.T. International Co., Limited ...................... Zhejiang Sanmei Chemical Industry. Co., Ltd. Zhejiang Yonghe Refrigerant Co., Ltd ..................................................... Jinhua Yonghe Fluorochemical Co., Ltd. Zibo Feiyuan Chemical Co., Ltd ............................................................... Zibo Feiyuan Chemical Co., Ltd. [FR Doc. 2022–00178 Filed 1–7–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–601] Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People’s Republic of China: Final Results and Partial Rescission of Review; 2019–2020 AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The Department of Commerce (Commerce) determines that Shanghai Tainai Bearing Co., Ltd. (Tainai) sold tapered roller bearings and parts thereof, finished and unfinished, (TRBs) from the People’s Republic of China (China) at less than normal value (NV) during the period of review (POR), June 1, 2019, through May 31, 2020. Additionally, Commerce determines that it is appropriate to rescind this administrative review of the antidumping duty (AD) order on TRBs from China with respect to BRTEC Wheel Hub Bearing Co., Ltd. (BRTEC) and Zhejiang Jingli Bearing Technology Co. Ltd. (Jingli) because they had no bona fide sales to the United States during the POR. DATES : Applicable January 10, 2022. FOR FURTHER INFORMATION CONTACT : Alex Wood AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: at (202) 482–1959. SUPPLEMENTARY INFORMATION : Background Commerce published the Preliminary Results of the administrative review of the AD order 1 on July 8, 2021.2 Subsequent to the Preliminary Results, we received additional information from Tainai, as well as briefs from the Timken Company, Koyo Bearings North America LLC; Tainai, and Precision Components, Inc. On October 14, 2021, in accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), Commerce extended the deadline for issuing the final results until January 4, 2022.3 For a complete description of the events that occurred since the Preliminary Results, see the Issues and Decision Memorandum. 4 Scope of the Order Merchandise covered by the order are tapered roller bearings and parts thereof, finished and unfinished, from China; flange, take up cartridge, and hanger units incorporating tapered roller bearings; and tapered roller housings (except pillow blocks) incorporating tapered rollers, with or without spindles, whether or not for automotive use. These products are currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) item numbers 8482.20.00, 8482.91.00.50, 8482.99.15, 8482.99.45, 8483.20.40, 8483.20.80, 8483.30.80, 8483.90.20, 8483.90.30, 8483.90.80, 8708.70.6060, 8708.99.2300, 8708.99.4850, 8708.99.6890, 8708.99.8115, and 8708.99.8180. Although the HTSUS item numbers are provided for convenience and customs purposes, the written description of the scope of the order is dispositive. Analysis of Comments Received All issues raised in interested parties’ briefs are addressed in the Issues and Decision Memorandum. A list of the issues raised by interested parties and to which we responded in the Issues and Decision Memorandum is provided in the appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http:// access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Partial Rescission of the Review We received no comments regarding our preliminary findings for BRTEC or Jingli. Thus, consistent with the Preliminary results, we find that BRTEC and Jingli did not have bona fide sales during the POR, and, therefore, we are rescinding this administrative review with respect to these companies. Changes Since the Preliminary Results Based on our review of the record and comments received from interested VerDate Sep<11>2014 18:16 Jan 07, 2022 Jkt 256001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\10JAN1.SGM 10JAN1 khammond on DSKJM1Z7X2PROD with NOTICES ──────────────────────────────────────────────────────────── === USITC Determination – Final === 11467Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Notices 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 2 87 FR 1110 and 87 FR 1117 (January 10, 2022). 3 Commissioner David S. Johanson dissenting. 4 The Commission also finds that imports subject to Commerce’s affirmative critical circumstances determination are not likely to undermine seriously the remedial effect of the countervailing and antidumping duty orders on R–125 from China. 5 As revised by 86 FR 72619 (December 22, 2021). INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–662 and 731– TA–1554 (Final)] Pentafluoroethane (R–125) From China Determinations On the basis of the record 1 developed in the subject investigations, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that an industry in the United States is materially injured by reason of imports of pentafluoroethane (‘‘R–125’’) from China, provided for in subheading 2903.44.10 of the Harmonized Tariff Schedule of the United States, that have been found by the U.S. Department of Commerce (‘‘Commerce’’) to be sold in the United States at less than fair value (‘‘LTFV’’), and to be subsidized by the government of China. 2 3 4 Background The Commission instituted these investigations effective January 12, 2021, following receipt of petitions filed with the Commission and Commerce by Honeywell International, Inc., Charlotte, North Carolina. The final phase of the investigations was scheduled by the Commission following notification of preliminary determinations by Commerce that imports of R–125 from China were subsidized within the meaning of section 703(b) of the Act (19 U.S.C. 1671b(b)) and sold at LTFV within the meaning of 733(b) of the Act (19 U.S.C. 1673b(b)). Notice of the scheduling of the final phase of the Commission’s investigations and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register on September 7, 2021 (86 FR 50171).5 The Commission conducted its hearing on December 14, 2021. All persons who requested the opportunity were permitted to participate. The Commission made these determinations pursuant to §§ 705(b) and 735(b) of the Act (19 U.S.C. 1671d(b) and 19 U.S.C. 1673d(b)). It completed and filed its determinations in these investigations on February 23, 2022. The views of the Commission are contained in USITC Publication 5281 (February 2022), entitled Pentafluoroethane (R–125) from China: Investigation Nos. 701–TA–662 and 731–TA–1554 (Final). By order of the Commission. Issued: February 24, 2022. Lisa Barton, Secretary to the Commission. [FR Doc. 2022–04253 Filed 2–28–22; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–1314 (Review)] Phosphor Copper From Korea; Institution of a Five-Year Review AGENCY : United States International Trade Commission. ACTION : Notice. SUMMARY : The Commission hereby gives notice that it has instituted a review pursuant to the Tariff Act of 1930 (‘‘the Act’’), as amended, to determine whether revocation of the antidumping duty order on phosphor copper from Korea would be likely to lead to continuation or recurrence of material injury. Pursuant to the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission. DATES : Instituted March 1, 2022. To be assured of consideration, the deadline for responses is March 31, 2022. Comments on the adequacy of responses may be filed with the Commission by May 13, 2022. FOR FURTHER INFORMATION CONTACT : Nitin Joshi (202–708–1669), 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 this proceeding may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION : Background.—On April 24, 2017, the Department of Commerce (‘‘Commerce’’) issued an antidumping duty order on imports of phosphor copper from Korea (82 FR 18893). The Commission is conducting a review pursuant to section 751(c) of the Act, as amended (19 U.S.C. 1675(c)), to determine whether revocation of the order would be likely to lead to continuation or recurrence of material injury to the domestic industry within a reasonably foreseeable time. Provisions concerning the conduct of this proceeding may be found in the Commission’s Rules of Practice and Procedure at 19 CFR part 201, subparts A and B, and 19 CFR part 207, subparts A and F. The Commission will assess the adequacy of interested party responses to this notice of institution to determine whether to conduct a full review or an expedited review. The Commission’s determination in any expedited review will be based on the facts available, which may include information provided in response to this notice. Definitions.—The following definitions apply to this review: (1) Subject Merchandise is the class or kind of merchandise that is within the scope of the five-year review, as defined by Commerce. (2) The Subject Country in this review is Korea. (3) The Domestic Like Product is the domestically produced product or products which are like, or in the absence of like, most similar in characteristics and uses with, the Subject Merchandise. In its original determination, the Commission defined a single Domestic Like Product consisting of phosphor copper, coextensive with Commerce’s scope. (4) The Domestic Industry is the U.S. producers as a whole of the Domestic Like Product, or those producers whose collective output of the Domestic Like Product constitutes a major proportion of the total domestic production of the product. In its original determination, the Commission defined the Domestic Industry as consisting of all domestic producers of phosphor copper. (5) The Order Date is the date that the antidumping duty order under review became effective. In this review, the Order Date is April 24, 2017. (6) An Importer is any person or firm engaged, either directly or through a parent company or subsidiary, in importing the Subject Merchandise into the United States from a foreign manufacturer or through its selling agent. Participation in the proceeding and public service list.—Persons, including industrial users of the Subject Merchandise and, if the merchandise is sold at the retail level, representative VerDate Sep<11>2014 19:01 Feb 28, 2022 Jkt 256001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\01MRN1.SGM 01MRN1 jspears on DSK121TN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination - AD - Preliminary - China === 45959Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Notices 12 See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 13 See Antidumping Duty Order; Welded Carbon Steel Standard Pipe and Tube Products from Turkey, 51 FR 17784 (May 15, 1986). 14 Id. 15 See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for general filing requirements). 16 See 19 CFR 351.309(d)(1). 17 See 19 CFR 351.309(c)(2) and (d)(2). 18 Id. 19 See 19 CFR 351.303. 20 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 21 See 19 CFR 351.310(c). 22 See 19 CFR 351.310(c); see also 19 CFR 351.303(b)(1). attributed to companies that we find had no shipments during the POR, we will instruct CBP to liquidate such unreviewed entries pursuant to the reseller policy, 12 i.e., the assessment rate for such entries will be equal to the all- others rate established in the investigation (i.e., 14.74 percent ad valorem),13 if there is no rate for the intermediate company(ies) involved in the transaction. Cash Deposit Requirements The following deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for each specific company listed above will be equal to each company’s weighted-average dumping margin established in the final results of this review, (except if the ad valorem rate is de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero); (2) for previously investigated companies not participating in this review, the cash deposit will continue to be the company-specific rate published for the most recently completed segment of this proceeding in which the company participated; (3) if the exporter is not a firm covered in this review, or the underlying investigation, but the producer is, then the cash deposit rate will be the rate established for the completed segment for the most recent POR for the producer of the merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 14.74 percent, the all-others rate established in the underlying investigation.14 These deposit requirements, when imposed, shall remain in effect until further notice. Disclosure and Public Comment Commerce intends to disclose the calculations performed in connection with these preliminary results to interested parties within five days after the date of publication of this notice in accordance with 19 CFR 351.224(b). Interested parties may submit case briefs no later than 30 days after the date of publication of this notice.15 Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than seven days after the time limit for filing case briefs.16 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. 17 Executive summaries should be limited to five pages total, including footnotes.18 Case and rebuttal briefs should be filed using ACCESS and must be served on interested parties.19 Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice. 20 Pursuant to 19 CFR 351.310(c), any interested party who wishes to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. Hearing requests should contain: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of the 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, Commerce intends to hold the hearing at a time and date to be determined.21 Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. An electronically-filed request for a hearing must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time within 30 days after the date of publication of this notice.22 Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4). Dated: July 30, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Preliminary Determination of No Shipments V. Companies Not Selected for Individual Examination VI. Discussion of the Methodology A. Comparison of Normal Value B. Level of Trade C. Affiliated Party and Arm’s-Length Test D. Cost of Production Analysis VII. Currency Conversion VIII. Recommendation Appendix II List of Companies With No Shipments During the Period of Review 1. Toscelik Profil ve Sac Endustrisi A.S. 2. Tosyali Dis Ticaret A.S. 3. Toscelik Metal Ticaret A.S. 4. Cayirova Boru Sanayi ve Ticaret A.S. 5. Yucel Boru ve Profil Endustrisi A.S. 6. Yucelboru Ihracat ve Pazarlama A.S. 7. Cinar Boru Profil San Ve Tic. AS 8. Erbosan Erciyas Boru Sanayi ve Ticaret A.S. 9. Borusan Birlesik Boru Fabrikalari San ve Tic 10. Borusan Gemlik Boru Tesisleri A.S. 11. Borusan Ihracat Ithalat ve Dagitim A.S. 12. Tubeco Pipe and Steel Corporation 13. Borusan Ithicat ve Dagitim A.S. [FR Doc. 2021–17529 Filed 8–16–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–137] Pentafluoroethane (R–125) From the People’s Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, in Part, Postponement of Final Determination, and Extension of Provisional Measures AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. VerDate Sep<11>2014 17:08 Aug 16, 2021 Jkt 253001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\17AUN1.SGM 17AUN1 khammond on DSKJM1Z7X2PROD with NOTICES 45960 Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Notices 1 See Pentafluoroethane (R–125) from the People’s Republic of China: Initiation of Less-Than-Fair- Value Investigation, 86 FR 8583 (February 8, 2021) (Initiation Notice). 2 See Memorandum, ‘‘Respondent Selection,’’ dated March 12, 2021. 3 See Juxin’s Letter, ‘‘Juxin Withdrawal as a Mandatory Respondent,’’ dated May 10, 2021 (Juxin Withdrawal Letter). 4 See Pentafluoroethane (R–125) from the People’s Republic of China: Postponement of Preliminary Determination in the Less-Than-Fair-Value Investigation, 86 FR 29752 (June 3, 2021). 5 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Less-Than- Fair-Value Investigation of Pentafluoroethane (R– 125) from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 6 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 7 See Initiation Notice at 8584. 8 See Petitioner’s Letters, ‘‘Scope Comments,’’ dated February 22, 2021; and ‘‘Honeywell International Inc.’s Scope Supplemental Questionnaire Response,’’ dated July 20, 2021. 9 See Memorandum, ‘‘Preliminary Scope Decision Memorandum,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Scope Decision Memorandum). 10 See Initiation Notice, 86 FR 8587. 11 See Enforcement and Compliance’s Policy Bulletin No. 05.1 regarding, ‘‘Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries,’’ (April 5, 2005) (Policy Bulletin 05.1), available on Commerce’s website at http://enforcement.trade.gov/policy/bull05-1.pdf. 12 See Juxin Withdrawal Letter. SUMMARY : The Department of Commerce (Commerce) preliminarily determines that pentafluoroethane (R–125) from the People’s Republic of China (China) is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is July 1, 2020, through December 31, 2020. Interested parties are invited to comment on this preliminary determination. DATES : Applicable August 17, 2021. FOR FURTHER INFORMATION CONTACT : Alex Wood or Benjamin A. Luberda, 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) 482–1959 or (202) 482–2185, respectively. SUPPLEMENTARY INFORMATION : Background This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on February 8, 2021. 1 On March 12, 2021, Commerce limited the number of respondents selected for individual examination to the two largest R–125 producers/exporters, by volume, that submitted a Q&V questionnaire response, and we issued the AD questionnaire to them. 2 These companies are Zhejiang Quzhou Juxin Fluorine Chemical Co., Ltd., (Juxin) and Zhejiang Sanmei Chemical Ind. Co., Ltd. (Sanmei). On May 10, 2021, Juxin informed Commerce that it would no longer participate as a mandatory respondent in this investigation.3 On June 3, 2021, Commerce postponed the preliminary determination of this investigation and the revised deadline is now August 10, 2021. 4 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum. 5 A list of topics included in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. Scope of the Investigation The product covered by this investigation is R–125 from China. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations,6 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (scope).7 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice, as well as additional language proposed by Honeywell International, Inc. (petitioner). 8 For a summary of the product coverage comments and rebuttal responses submitted to the record for this investigation, and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum.9 Commerce has preliminarily modified the scope language that appeared in the Initiation Notice. See the revised scope in Appendix I to this notice. Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated export price in accordance with section 772(a) of the Act. Because China is a non-market economy, within the meaning of section 771(18) of the Act, Commerce has calculated normal value (NV) in accordance with section 773(c) of the Act. Furthermore, pursuant to section 776(a) and (b) of the Act, Commerce has preliminarily relied upon the facts otherwise available, with adverse inferences, in determining the estimated weighted-average dumping margin for the China-wide entity. For a full description of the methodology underlying Commerce’s preliminary determination, see the Preliminary Decision Memorandum. Preliminary Affirmative Determination of Critical Circumstances, in Part In accordance with section 733(e) of the Act and 19 CFR 351.206, Commerce preliminarily determines that critical circumstances exist with respect to imports of R–125 from China for the non-selected companies receiving a separate rate and the China-wide entity, including Juxin, but do not exist for Sanmei. For a full description of the methodology and results of Commerce’s critical circumstances analysis, see the Preliminary Decision Memorandum. Combination Rates In the Initiation Notice,10 Commerce stated that it would calculate producer/ exporter combination rates for the respondents that are eligible for a separate rate in this investigation. Policy Bulletin 05.1 describes this practice.11 In this investigation, we calculated producer/exporter combination rates for respondents eligible for separate rates. Separate Rates In addition to Sanmei, we have preliminarily granted certain non- individually examined respondents a separate rate. Also, because Juxin withdrew its participation as a mandatory respondent in this investigation, we have preliminarily denied a separate rate to Juxin and are treating it as part of the China-wide entity.12 See the Preliminary Decision Memorandum for details. In calculating the rate for non- individually examined separate rate respondents in a non-market economy antidumping duty (AD) investigation, Commerce normally looks to section 735(c)(5)(A) of the Act, which pertains to the calculation of the all-others rate in a market economy AD investigation, for guidance. Pursuant to section 735(c)(5)(A) of the Act, normally this rate shall be an amount equal to the weighted average of the estimated AD rates established for those companies VerDate Sep<11>2014 17:08 Aug 16, 2021 Jkt 253001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\17AUN1.SGM 17AUN1 khammond on DSKJM1Z7X2PROD with NOTICES 45961Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Notices 13 The China-Wide Entity also includes Zhejiang Quzhou Juxin Fluorine Chemical Co., Ltd. individually examined, excluding zero and de minimis rates and any rates based entirely under section 776 of the Act. Commerce calculated an individual estimated weighted-average dumping margin for Sanmei, the only individually examined exporter/ producer in this investigation. Because the only individually calculated weighted average dumping margin is not zero, de minimis, or based entirely on facts otherwise available, the weighted-average dumping margin calculated for Sanmei is the basis to determine the weighted-average dumping margin for the separate rate, non-examined companies, using section 735(c)(5)(A) of the Act for guidance, which provides for the determination of the estimated weighted-average dumping margin for all other producers and exporters in a market economy investigation. See the table in the ‘‘Preliminary Determination’’ section of this notice. Preliminary Determination Commerce preliminarily determines that the following estimated weighted- average dumping margins exist: Producer Exporter Estimated weighted- average dumping margin (percent) Cash deposit rate (adjusted for subsidy offsets) (percent) Zhejiang Sanmei Chemical Ind. Co., Ltd ..................... Zhejiang Sanmei Chemical Ind. Co., Ltd ..................... 280.37 280.37 Fujian Qingliu Dongying Chemical Ind. Co., Ltd .......... Zhejiang Sanmei Chemical Ind. Co., Ltd ..................... 280.37 280.37 Producers Supplying the Non-Individually-Examined Exporters Receiving Separate Rates (see Appendix III). Non-Individually-Examined Exporters Receiving Sepa- rate Rates (see Appendix III). 280.37 280.37 China-Wide Entity 13 ..................................................... ....................................................................................... 280.48 280.48 Suspension of Liquidation In accordance with section 733(d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of subject merchandise as described in the scope of the investigation section entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register, as discussed below. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the weighted-average amount by which NV exceeds U.S. price, as indicated in the chart above as follows: (1) For the producer/exporter combinations listed in the table above and in Appendix III, the cash deposit rate is equal to the estimated weighted- average dumping margin listed for that combination in the table; (2) for all combinations of Chinese producers/ exporters of subject merchandise that have not established eligibility for their own separate rates, the cash deposit rate will be equal to the estimated weighted- average dumping margin established for the China-wide entity; and (3) for all third-county exporters of subject merchandise not listed in the table above, the cash deposit rate is the cash deposit rate applicable to the Chinese producer/exporter combination (or the China-wide entity) that supplied that third-country exporter. Section 733(e)(2) of the Act provides that, given an affirmative determination of critical circumstances, any suspension of liquidation shall apply to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the later of: (a) The date which is 90 days before the date on which the suspension of liquidation was first ordered; or (b) the date on which notice of initiation of the investigation was published. Commerce preliminarily finds that critical circumstances exist for imports of subject merchandise from the non- selected companies receiving a separate rate and the China-wide entity. In accordance with section 733(e)(2)(A) of the Act, the suspension of liquidation shall apply to all unliquidated entries of merchandise from the non-selected companies receiving a separate rate and the China-wide entity that were entered, or withdrawn from warehouse, for consumption on or after the date that is 90 days before the publication of this notice. To determine the cash deposit rate, Commerce normally adjusts the estimated weighted-average dumping margin by the amount of domestic subsidy pass-through and export subsidies determined in a companion countervailing duty (CVD) proceeding when CVD provisional measures are in effect. Accordingly, where Commerce has made a preliminary affirmative determination for domestic subsidy pass-through or export subsidies, Commerce has offset the calculated estimated weighted-average dumping margin by the appropriate rate(s). Any such adjusted rates may be found in the Preliminary Determination section’s chart of estimated weighted-average dumping margins above. Should provisional measures in the companion CVD investigation expire prior to the expiration of provisional measures in this LTFV investigation, Commerce will direct CBP to begin collecting cash deposits at a rate equal to the estimated weighted-average dumping margins calculated in this preliminary determination unadjusted for the passed-through domestic subsidies or for export subsidies at the time the CVD provisional measures expire. These suspension of liquidation instructions will remain in effect until further notice. Disclosure Commerce intends to disclose to interested parties the calculations performed in connection with this preliminary determination within five days of its public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Verification Commerce is currently unable to conduct on-site verification of the information relied upon in making its final determination in this investigation. Accordingly, we intend to take additional steps in lieu of on-site verification. Commerce will notify interested parties of any additional documentation or information required. VerDate Sep<11>2014 17:08 Aug 16, 2021 Jkt 253001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\17AUN1.SGM 17AUN1 khammond on DSKJM1Z7X2PROD with NOTICES 45962 Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Notices 14 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). 15 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 16 See Sanmei’s Letter, ‘‘Request to Postpone the Final Determination,’’ dated August 5, 2021. Public Comment Case briefs or other written comments on non-scope issues may be submitted to the Assistant Secretary for Enforcement and Compliance. Interested parties will be notified of the timeline for the submission of case briefs and written comments at a later date. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline for case briefs.14 Pursuant to 19 CFR 351.309(c), interested parties may comment on Commerce’s preliminary scope decision no later than 21 days after the publication date of the preliminary determination. Scope rebuttal briefs, limited to issues raised in the scope case briefs, may be submitted no later than seven days after the deadline for the scope case briefs. These deadlines apply for both the AD and CVD investigations. For all scope issues, parties must file separate and identical documents on the records of both the AD and CVD investigations. No new factual information or proprietary information should be included in the scope case briefs and scope rebuttal briefs. Commerce has modified certain of its requirements for serving documents containing business proprietary information until further notice. 15 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation 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. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party’s name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a date and time to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioners. Pursuant to 19 CFR 351.210(e)(2), Commerce requires that requests by respondents for postponement of a final antidumping determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. On August 5, 2021, pursuant to 19 CFR 351.210(e), Sanmei requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed six months.16 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) The preliminary determination is affirmative; (2) the requesting exporter accounts for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, Commerce is postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, the deadline for Commerce’s final determination will be no later than 135 days after the date of publication of this preliminary determination. International Trade Commission Notification In accordance with section 733(f) of the Act, Commerce will notify the International Trade Commission (ITC) of its determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether imports of the subject merchandise are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Dated: August 10, 2021. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Appendix I Scope of the Investigation The merchandise covered by this investigation is 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 this investigation. When R–125 is blended with other products and otherwise falls under the scope of this investigation, only the R–125 component of the mixture is covered by the scope of this investigation. 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 this investigation 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 this investigation. Only the subject component of such commingled products is covered by the scope of this investigation. 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 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 classified 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 the investigation is dispositive. VerDate Sep<11>2014 17:08 Aug 16, 2021 Jkt 253001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\17AUN1.SGM 17AUN1 khammond on DSKJM1Z7X2PROD with NOTICES 45963Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Notices 17 Commerce preliminarily determines that T.T. International Co., Ltd. and T.T. International Co., Limited are a single entity. See Memorandum, ‘‘Less-Than-Fair-Value Investigation of Pentafluoroethane (R–125) from the People’s Republic of China: Affiliation and Single Entity Status—T.T. International Co., Ltd.,’’ dated concurrently with this notice. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope Comments V. Scope of the Investigation VI. Discussion of the Methodology VII. Currency Conversion VIII. Adjustment Under Section 777(A)(f) of the Act IX. Adjustments to Cash Deposit Rates for Export Subsidies X. ITC Notification XI. Recommendation Appendix III LIST OF SEPARATE RATE COMPANIES Exporter Producer Non-individually- examined exporters receiving separate rates Producers supplying the non-individually- examined exporters receiving separate rates Huantai Dongyue International Trade Co. Ltd. Jinhua Binglong Chemical Tech- nology Co., Ltd. Shandong Dongyue Chemical Co., Ltd. Shandong Dongyue Chemical Co., Ltd. Shandong Huaan New Material Co., Ltd. Shandong Huaan New Material Co., Ltd. T.T. International Co., Ltd./T.T. Inter- national Co., Lim- ited 17 . Sinochem Environ- mental Protection Chemicals (Taicang) Co., Ltd. T.T. International Co., Ltd./T.T. Inter- national Co., Lim- ited. Zhejiang Quhua Fluor-Chemistry Co., Ltd. T.T. International Co., Ltd./T.T. Inter- national Co., Lim- ited. Zhejiang Sanmei Chemical Industry. Co., Ltd. Zhejiang Yonghe Re- frigerant Co., Ltd. Jinhua Yonghe Fluorochemical Co., Ltd. Zibo Feiyuan Chem- ical Co., Ltd. Zibo Feiyuan Chem- ical Co., Ltd. [FR Doc. 2021–17524 Filed 8–16–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Notice Requesting Nominations for the Advisory Committee on Commercial Remote Sensing (ACCRES) AGENCY : National Oceanic and Atmospheric Administration, Commerce. ACTION : Request for membership nominations. SUMMARY : The Department of Commerce is seeking 3 to 5 representatives of key stakeholders in the commercial space- based remote sensing industry and among users of space-based remote sensing data to serve on the Advisory Committee on Commercial Remote Sensing (ACCRES). The Committee is comprised of representatives of leaders in the commercial space-based remote sensing industry, space-based remote sensing data users, government, and academia. The SUPPLEMENTARY INFORMATION section of this notice provides committee and membership criteria. FOR FURTHER INFORMATION CONTACT : Tashaun Pierre, Commercial Remote Sensing Regulatory Affairs Office, NOAA Satellite and Information Services, telephone (301) 713–7047, email Tashaun.pierre@noaa.gov. SUPPLEMENTARY INFORMATION : ACCRES was established by the Secretary of Commerce on May 21, 2002, to advise the Secretary, through the Under Secretary of Commerce for Oceans and Atmosphere, on matters relating to the U.S. commercial remote sensing industry and NOAA’s activities to carry out responsibilities of the Department of Commerce as set forth in the National and Commercial Space Programs Act of 2010 (the Act), Title 51 U.S.C. 60101 et seq. Committee members serve in a representative capacity for a term of two years and may serve additional terms, if reappointed. No more than 20 individuals at a time may serve on the Committee. ACCRES will have a fairly balanced membership consisting of approximately 9 to 20 members. Nominations are encouraged from all interested U.S. persons and organizations representing interests affected by the regulation of remote sensing. Nominees must represent stakeholders in remote sensing, space commerce, space policy, or a related field and be able to attend committee meetings that are held usually two times per year. Membership is voluntary, and service is without pay. Each nomination that is submitted should include the proposed committee member’s name and organizational affiliation, a brief description of the nominee’s qualifications and interest in serving on the Committee, a curriculum vitae or resume of the nominee, and no more than three supporting letters describing the nominee’s qualifications and interest in serving on the Committee. Self-nominations are acceptable. The following contact information should accompany each submission: The nominee’s name, address, phone number, and email address. Nominations should be sent to Tahara Dawkins, Director, Commercial Remote Sensing Regulatory Affairs Office, email tahara.dawkins@noaa.gov. Nominations must be emailed no later than 30 days from the publication date of this notice. Please include affiliation, home address and business address for each nominee. The full text of the Committee Charter and its current membership can be viewed at the Agency’s web page at: http://www.nesdis.noaa.gov/CRSRA/ accresHome.html. Stephen M. Volz, Assistant Administrator for Satellite and Information Services. [FR Doc. 2021–17400 Filed 8–16–21; 8:45 am] BILLING CODE 3510–HR–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XB283] Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Service Pier Extension Project at Naval Base Kitsap Bangor, Washington AGENCY : National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION : Notice; issuance of renewal incidental harassment authorization. SUMMARY : In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA), as amended, notification is hereby given that NMFS has issued a renewal incidental harassment authorization (IHA) to the United States Navy (Navy) to incidentally harass marine mammals incidental to construction activities for the Service Pier Extension Project at Naval Base Kitsap Bangor in Silverdale, Washington. DATES : This renewal IHA is valid from August 11, 2021 through July 15, 2022. VerDate Sep<11>2014 17:08 Aug 16, 2021 Jkt 253001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\17AUN1.SGM 17AUN1 khammond on DSKJM1Z7X2PROD with NOTICES ──────────────────────────────────────────────────────────── === USITC Revised Schedule === 72619Federal Register / Vol. 86, No. 243 / Wednesday, December 22, 2021 / Notices determined not to review an initial determination (‘‘ID’’) (Order No. 58) issued by the presiding administrative law judge (‘‘ALJ’’) granting a joint motion to terminate the investigation based on a settlement agreement. The investigation is hereby terminated. FOR FURTHER INFORMATION CONTACT : Carl P. Bretscher, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2382. Copies of non-confidential documents filed in connection with this investigation may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. General information concerning the Commission may also be obtained by accessing its internet server at https://www.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION : The Commission instituted this investigation on December 29, 2020, based on a complaint, as supplemented, filed by Jaguar Land Rover Ltd. of Coventry, United Kingdom and Jaguar Land Rover North America, LLC of Mahwah, New Jersey (collectively, ‘‘JLR’’). 85 FR 85659 (Dec. 29, 2020). The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘Section 337’’), in the importation into the United States, sale for importation, or sale in the United States after importation of certain vehicle control systems, vehicles containing the same, and components thereof by reason of infringement of certain claims of U.S. Patent No. RE46,828 (‘‘the ’828 patent’’). The complaint further alleges that a domestic industry exists. Id. The Commission’s notice of investigation named the following respondents: Dr. Ing. h.c. F. Porsche AG (d/b/a Porsche AG) of Stuttgart, Germany; Porsche Cars North America, Inc. of Atlanta, Georgia; Automobili Lamborghini S.p.A. of Sant’Agata Bolognese, Italy; Automobili Lamborghini America, LLC of Herndon, Virginia; Volkswagen AG of Wolfsburg, Germany; Volkswagen Group of America, Inc. of Herndon, Virginia; Audi AG of Ingolstadt, Germany; and Audi of America, LLC of Herndon, Virginia. Id. The Office of Unfair Import Investigations was not named as a party to this investigation. Id. The Commission partially terminated the investigation with respect to certain claims of the ’828 patent based on unopposed motions filed by JLR. Order No. 43 (May 3, 2021), unreviewed by Comm’n Notice (June 1, 2021); Order No. 47 (Aug. 4, 2021), unreviewed by Comm’n Notice (Aug. 18, 2021); Order No. 48 (Aug. 5, 2021), unreviewed by Comm’n Notice (Aug. 18, 2021). On September 27, 2021, JLR and Respondents filed a joint motion to terminate the investigation based on a settlement agreement that settled all of the issues between the parties. On November 18, 2021, the presiding ALJ issued the subject ID (Order No. 58) granting the joint motion to terminate the investigation. The ID finds that the settlement agreement complies with Commission Rules 210.21(a)(1) and 210.21(b)(1) (19 CFR 210.21(a)(1), 210.21(b)(1)) because it completely resolves the dispute between the parties, and there are no other agreements, written or oral, express or implied, between the parties concerning the subject matter of the investigation. The ID also finds that terminating the investigation is in the public interest and will conserve public and private resources. The ID finds there are no extraordinary circumstances that would prevent the termination of this investigation. No petition for review of the subject ID was filed. The Commission has determined not to review the subject ID. Accordingly, the investigation is hereby terminated in its entirety. The Commission vote for this determination took place on December 17, 2021. The authority for the Commission’s determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in Part 210 of the Commission’s Rules of Practice and Procedure (19 CFR part 210). By order of the Commission. Issued: December 17, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–27758 Filed 12–21–21; 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; Revised Schedule for the Subject Investigations AGENCY : United States International Trade Commission. ACTION : Notice. DATES : December 17, 2021. FOR FURTHER INFORMATION CONTACT : Peter Stebbins (202–205–2039), 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 this investigation may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION : Effective August 17, 2021, the Commission established a schedule for the conduct of the final phase of the subject investigations (86 FR 50171, September 7, 2021). The Commission is revising its schedule. The Commission’s revised date in the schedule is as follows: The deadline for filing posthearing briefs is December 28, 2021. Parties may submit supplemental comments not to exceed five (5) pages in length addressing only Commerce’s final countervailing and antidumping duty determinations on or before January 7, 2022; the Commission will make its final release of information on January 26, 2022; and final party comments are due on January 28, 2022. For further information concerning these proceedings, see the Commission’s notice cited above and the Commission’s Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207). 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: December 17, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–27759 Filed 12–21–21; 8:45 am] BILLING CODE 7020–02–P VerDate Sep<11>2014 17:55 Dec 21, 2021 Jkt 256001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\22DEN1.SGM 22DEN1 khammond on DSKJM1Z7X2PROD with NOTICES ──────────────────────────────────────────────────────────── === USITC Scheduling === 50171Federal 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 50173Federal 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