Petition Filed for New AD/CV Duties on R-125 Refrigerant From China

Honeywell International seeks the imposition of new antidumping and countervailing duties on pentafluoroethane (R-125) from China, it said in a petition filed with the Commerce Department and the International Trade Commission Jan. 12. Commerce will now decide whether to begin AD/CVD investigations, which could result in the imposition of permanent AD/CV duty orders and the assessment of AD and CV duties on importers.

The petition is one of several now filed against various hydrofluorocarbon refrigerants. One resulted in an AD duty order on hydroflurorocarbon blends in 2016 (see 1608180017), though the ITC limited that order in its injury determination so it does not apply to individual hydrofluorocarbon components. Commerce also has issued a final determination in an ongoing AD duty investigation on the hydrofluorocarbon R-32 (see 2101150031), and is set to issue an AD duty order soon if the ITC finds injury. Commerce also conducted a recent anti-circumvention inquiry on R-125, among other refrigerants, but reached a negative finding as a result of the ITC's 2016 injury determination on hydrofluorocarbon blends (see 2008260026).

Proposed Scope

The petition proposes the following scope for the investigations:

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. Subject merchandise includes R-125, whether or not incorporated into a blend. 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 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.

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, 81 Fed. Reg. 55436 (Aug. 19, 2016) (the “Blends Order”).

R-125 is classified under Harmonized Tariff Schedule of the United States (HTSUS) subheading 2903.39.2035. Other merchandise subject to the current scope, including the above-mentioned blends that are outside the scope of the Blends Order, may be classified under 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 petition is dispositive.

Commerce Accepting Comments on Petition Support

The Commerce Department is accepting comments on domestic industry support for the petitions to determine whether the petitions meet the dual requirements of support by domestic producers or workers accounting for (1) at least 25% of the total production of the domestic-like product and (2) more than 50% of the production of the domestic-like product produced by that portion of the industry expressing support for, or opposition to, the petition. If the petitions meet these requirements, among others, Commerce will initiate antidumping and countervailing duty investigations. Comments are due on or about Feb. 1.

Email ITTNews@warren-news.com for a copy of the petition.