China Tetrafluoroethane: New AD/CVD Investigations Deadlines & Scope
The Commerce Department issued Federal Register notices on its recently initiated antidumping and countervailing duty investigations on 1,1,1,2-Tetrafluoroethane from China (A-570-998/C-570-999). The agency will determine whether imports of the air conditioner refrigerant from China are being sold in the U.S. at less than fair value or illegally subsidized.
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
The AD duty period of investigation is April 1, 2013, through Sept. 30, 2013. The CV duty period of investigation is Jan 1, 2012, through Dec. 31, 2012.
AD/CVD Respondent Selection
Commerce said it will pick respondents to the CV duty investigation based on CBP import data. The decisions will come within 20 days of the publication date of this initiation notice, by Dec. 30. For the AD duty investigation, Commerce will send quantity and value questionnaires to each potential respondent, and will base respondent selection on the responses it receives. Chinese exporters that don't get a quantity and value questionnaire can still submit one. Commerce said it will post a copy of the quantity and value questionnaire on its website (here).
Scope of the AD/CVD Investigations
"The product subject to this investigation is 1,1,1,2-Tetrafluoroethane, R-134a, or its chemical equivalent, regardless of form, type, or purity level. The chemical formula for 1,1,1,2-tetrafluoroethane is CF3-CH2F, and the Chemical Abstracts Service ('CAS') registry number is CAS 811-97-2.
"1,1,1,2-Tetrafluoroethane is sold under a number of trade names including Klea 134a and Zephex 134a (Mexichem Fluor); Genetron 134a (Honeywell); Suva 134a, Dymel 134a, and Dymel P134a (DuPont); Solkane 134a (Solvay); and Forane 134a (Arkema). Generically, 1,1,1,2-tetrafluoroethane has been sold as Fluorocarbon 134a, R-134a, HFC-134a, HF A-134a, Refrigerant 134a, and UN3159.
"Merchandise covered by the scope of this investigation is currently classified in the Harmonized Tariff Schedule of the United States ('HTSUS') at subheading 2903.39.2020. Although the HTSUS subheading and CAS registry number are provided for convenience and customs purposes, the written description of the scope is dispositive."
Comments on Scope Due by Dec. 23
Commerce said it discussed the scope with petitioners to ensure it's an accurate reflection of the products for which the domestic industry is seeking relief. Comments on the scope of both investigations are due by Dec. 23.
Investigations Timetable
| Event | AD Duty | CV Duty |
|---|---|---|
| Petitions filed | 10/22/13 | 10/22/13 |
| DOC initiation date | 12/02/13 | 12/02/13 |
| ITC prelim determination1 | 12/13/13 | 02/05/13 |
| DOC prelim determination2 | 04/21/14 | 12/27/13 |
| DOC final determination2 | 07/07/14 | 04/21/14 |
| ITC final determination3 | 08/19/14 | 06/05/14 |
| Issuance of orders4 | 08/26/14 | 06/12/14 |
1If the ITC makes a negative determination of injury, the investigations are terminated.
2These deadlines may be extended under the governing statute.
3This will take place only in the event of Commerce Department final affirmative determinations.
4This will take place only in the event of Commerce and ITC final affirmative determinations.
(See 13102331 for summary of the Commerce Department's receipt of the petition underlying the initiation of this investigation.)
The AD duty initiation notice is (here).
The CV duty initiation notice is (here).
The Commerce Department fact sheet on the initiation of these investigations is (here).