China Tetrafluoroethane: New AD Duty Investigation Deadlines & Scope
The Commerce Department issued a Federal Register notice on its recently initiated antidumping duty investigation on 1,1,1,2-tetrafluoroethane from China (A-570-044) (here). The agency will determine whether imports of merchandise subject to this investigation are being sold in the U.S. at less than fair value. The period of investigation is July 1, 2015, through Dec. 31, 2015.
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The International Trade Commission will conduct a concurrent investigation to determine whether imports of dumped tetrafluoroethane are injuring U.S. industry. If the ITC finds no injury in its preliminary injury determination, due April 18, the investigation will immediately end. Conversely, if Commerce finds dumping in the preliminary determination of this investigation, currently due in August, it will set AD duty cash deposit requirements for imports of merchandise subject to the investigation. If both Commerce and the ITC reach affirmative final determinations, Commerce will issue an AD duty order making duties permanent and beginning a process of annual administrative reviews to set final assessments of AD duties on importers and potentially change AD duty cash deposit rates.
If duties are imposed, Chinese producers and exporters who do not demonstrate independence from government control and request eligibility for a "separate rate" will be assigned the "China-wide rate," which can reach over 200 percent for some products. Separate rate applications from Chinese producers and exporters (here) are due on or about May 1.
Respondent Selection
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 (here). Responses are due April 6.
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 registry number is CAS 811-97-2.
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 April 12
Comments on the scope of the investigation are due by April 12.
Investigations Timetable
| Event | AD Duty |
|---|---|
| Petitions filed | 03/03/16 |
| DOC initiation date | 03/23/16 |
| ITC prelim determinations* | 04/18/16 |
| DOC prelim determinations† | 08/10/16 |
| DOC final determinations† | 10/24/16 |
| ITC final determinations‡ | 12/08/16 |
| Issuance of orders+ | 12/15/16 |
*If the ITC makes a negative determination of injury, the investigations are terminated.
†These deadlines may be extended under the governing statute.
‡This will take place only in the event of Commerce Department final affirmative determinations.
+This will take place only in the event of Commerce and ITC final affirmative determinations.
(See 1603080011 for summary of the Commerce Department's receipt of the petition underlying the initiation of this investigation.)
The Commerce Department fact sheet on the initiation of these investigations is (here).