Hydrofluorocarbon Blends From the People's Republic of China: Preliminary Scope Ruling on Gujarat Fluorochemicals Ltd.'s R-410A Blend; Affirmative Preliminary Determination of Circumvention of the Antidumping Duty Order for Indian Blends Containing Chinese Components, 20244-20248 [2020-07606]

Download as PDF 20244 Federal Register / Vol. 85, No. 70 / Friday, April 10, 2020 / Notices DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE International Trade Administration International Trade Administration North American Free Trade Agreement (NAFTA), Article 1904; Binational Panel Reviews: Notice of Completion of Panel Review [A–570–028] United States Section, NAFTA Secretariat, International Trade Administration, Department of Commerce. AGENCY: Notice of Completion of Panel Review in the matter of Certain Fabricated Structural Steel from Mexico: Final Affirmative Countervailing Duty Determination (Secretariat File Number: USA–MEX–2020–1904–03). ACTION: The NAFTA Secretariat did not receive any timely complaints in advance of the filing deadline on April 1, 2020 in the above referenced dispute. In addition, the Government of Mexico submitted a withdrawal of request for panel review on March 31, 2020 in this matter. As a result, and pursuant to Rule 71(3) of the NAFTA Rules of Procedure for Article 1904 Binational Panel Reviews (Rules), the NAFTA dispute USA–MEX–2020–1904–03 has been terminated effective April 2, 2020. SUMMARY: Paul E. Morris, United States Secretary, NAFTA Secretariat, Room 2061, 1401 Constitution Avenue NW, Washington, DC 20230, (202) 482–5438. FOR FURTHER INFORMATION CONTACT: Chapter 19 of Article 1904 of NAFTA provides a dispute settlement mechanism involving trade remedy determinations issued by the government of the United States, the government of Canada, and the government of Mexico. There are established Rules, which were adopted by the three governments and require Notices of Completion of Panel Review to be published in accordance with Rule 78. For the complete Rules, please see https://www.nafta-sec-alena.org/Home/ Texts-of-the-Agreement/Rules-ofProcedure/Article-1904. SUPPLEMENTARY INFORMATION: Paul E. Morris, U.S. Secretary, NAFTA Secretariat. [FR Doc. 2020–07555 Filed 4–9–20; 8:45 am] lotter on DSKBCFDHB2PROD with NOTICES BILLING CODE 3510–GT–P Hydrofluorocarbon Blends From the People’s Republic of China: Preliminary Scope Ruling on Gujarat Fluorochemicals Ltd.’s R–410A Blend; Affirmative Preliminary Determination of Circumvention of the Antidumping Duty Order for Indian Blends Containing Chinese Components Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that certain hydrofluorocarbon (HFC) blends, containing HFC components from India and the People’s Republic of China (China), that are blended in India prior to importation into the United States, are circumventing the antidumping duty (AD) order on HFC blends from China. As a result, imports of HFC blends, containing HFC components from India and China, that are blended in India prior to importation into the United States, will be subject to suspension of liquidation effective June 18, 2019. We invite interested parties to comment on this preliminary determination. DATES: Applicable April 10, 2020. FOR FURTHER INFORMATION CONTACT: Jacob Garten or Benjamin 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) 482–3342 or (202) 482–2185, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Background On June 8, 2019, Commerce initiated an anti-circumvention inquiry to determine whether certain HFC blends, containing HFC components from India and China, that are blended in India prior to importation into the United States,1 are circumventing the AD order on HFC blends from China.2 Additionally, in the Notice of Initiation, we stated that, as part of this anticircumvention inquiry, we would also address the scope inquiry filed by 1 See Hydrofluorocarbon Blends from the People’s Republic of China: Initiation of Anti-Circumvention Inquiry of Antidumping Duty Order; Third-Country Blends Containing Chinese Components, 84 FR 28269 (June 18, 2019) (Notice of Initiation). 2 See Hydrofluorocarbon Blends from the People’s Republic of China: Antidumping Duty Order, 81 FR 55436 (August 19, 2016) (Order). VerDate Sep<11>2014 18:00 Apr 09, 2020 Jkt 250001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 Gujarat Fluorochemicals Ltd. (GFL).3 As part of this preliminary determination, we also have made a preliminary scope finding. For a complete description of the events that followed the initiation of this inquiry, see the Preliminary Decision Memorandum.4 Scope of the Order The products subject to the Order are HFC blends. HFC blends covered by the scope are R–404A, R–407A, R–407C, R– 410A, and R–507A/R–507.5 HFC blends covered by the scope of the Order are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) at subheadings 3824.78.0020 and 3824.78.0050. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope is dispositive. Merchandise Subject to the AntiCircumvention Inquiry This anti-circumvention inquiry covers HFC blends R–404A, R–407A, R– 407C, R–410A, and R–507A/R–507 produced in India using one or more HFC components of Chinese origin.6 Methodology Commerce made this preliminary finding of circumvention in accordance with section 781(b) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.225(h). We relied on information placed on the record by the American HFC Coalition (the petitioners) and information placed on the record by GFL, Refex Industries Limited, and SRF Limited. Further, because Coolmate Refrigerant Pvt. Ltd. did not cooperate to the best of its ability in responding to Commerce’s requests for information, we have based parts of our preliminary determination on the facts available, with adverse inferences, pursuant to sections 776(a) and (b) of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. The Preliminary Decision Memorandum is a public document and is on file 3 See Notice of Initiation, 84 FR at 28272. Memorandum, ‘‘Preliminary Decision Memorandum for Scope Ruling and AntiCircumvention Inquiry of the Antidumping Duty Order on Hydrofluorocarbon Blends from the People’s Republic of China: Indian Blends,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 5 For a complete description of the scope of the Order, see Preliminary Decision Memorandum. 6 Based upon questionnaire responses provided by the Indian producer/exporters in this inquiry, we have preliminarily determined to cover all of the HFC blends listed under the scope or the Order, as we stated we may cover in the Notice of Initiation, 84 FR at 28270. 4 See E:\FR\FM\10APN1.SGM 10APN1 Federal Register / Vol. 85, No. 70 / Friday, April 10, 2020 / Notices 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/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. A list of the topics discussed in the Preliminary Decision Memorandum is attached at Appendix I to this notice. lotter on DSKBCFDHB2PROD with NOTICES Preliminary Scope Ruling and Affirmative Preliminary Determination of Circumvention As detailed in the Preliminary Decision Memorandum, we preliminarily determine, pursuant to 19 CFR 351.225(k), that because the scope only covers HFC blends manufactured in China, and HFC blends manufactured in third countries are not covered, that R–410A manufactured from Chinese and Indian HFC components is not covered by the plain language of the scope of the Order within the meaning of 19 CFR 351.225(k). Accordingly, because R–410A manufactured from Chinese and Indian HFC components is neither included in the Order nor specifically excluded from the Order, a circumvention analysis and determination is warranted for R–410A blends under 19 CFR 351.225(h). Further, as detailed in the Preliminary Decision Memorandum, we have examined HFC blends R–404A, R–407A, R–407C, R–410A, and R–507A/R–507 produced and/or exported from India which consist of Chinese and nonChinese HFC components and we preliminarily determine, pursuant to section 781(b) of the Act, that imports of such HFC blends, composed of Chinese HFC components and nonChinese HFC components, blended in India prior to importation into the United States, are circumventing the Order. Suspension of Liquidation In accordance with section 19 CFR 351.225(l)(2), Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of HFC blends R– 404A, R–407A, R–407C, R–410A, and R–507A/R–507 produced (i.e., assembled or completed) using one or more Chinese-origin HFC components in India (as defined in the Merchandise Subject to the Anti-Circumvention Inquiry section above) that are entered, or withdrawn from warehouse, for consumption on or after June 18, 2019, the date of initiation of this anti- VerDate Sep<11>2014 18:00 Apr 09, 2020 Jkt 250001 circumvention inquiry.7 CBP shall require cash deposits in accordance with the rate established for the Chinawide entity, i.e., 216.37 percent,8 for entries of such merchandise produced in India. The suspension of liquidation instructions will remain in effect until further notice. HFC blends produced in India entirely from HFC components that are not of Chinese origin are not subject to this inquiry. Therefore, cash deposits are not required for such merchandise. However, HFC blends R–404A, R–407A, R–407C, R–410A, and R–507A/R–507 produced in India, in whole or in part, from R–32, R–125, R–134a, and/or R– 143a from China are subject to the AD order on HFC blends from China. If an importer imports HFC blends R–404A, R–407A, R–407C, R–410A, or R–507A/ R–507 from India and claims that the HFC blend was produced from nonChinese HFC components, in order not to be subject to cash deposit requirements, the importer and exporter are required to meet the certification and documentation requirements described in Appendix II. As explained in Appendix II, entries of shipments made within one year after the exporter and/or producer (as relevant) purchases Chinese blends or components are not eligible for the certification process. Exporters of HFC blends produced in India from non-Chinese-origin HFC components must prepare and maintain an Exporter Certification and documentation supporting the Exporter Certification (see Appendix IV). In addition, importers of such HFC components must prepare and maintain an Importer Certification (see Appendix III) as well as documentation supporting the Importer Certification. In addition to the Importer Certification, the importer must also maintain a copy of the Exporter Certification (see Appendix IV) and relevant supporting documentation from its exporter of HFC blends produced from non-Chinese-origin HFC components. Public Comment Interested parties may submit case briefs to Commerce no later than 14 days after the date of publication of this notice.9 Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than seven days after the time limit for filing case briefs.10 Parties who Notice of Initiation. Order at 81 FR 55438. 9 Commerce is exercising its discretion, under 19 CFR 351.309(c)(1)(ii), to alter the time limit for filing of case briefs. 10 Commerce is exercising its discretion, under 19 CFR 351.309(d)(1), to alter the time limit for filing of rebuttal briefs. 20245 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.11 Case and rebuttal briefs should be filed electronically via ACCESS.12 Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until May 19, 2020, unless extended.13 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically and received successfully in its entirety via ACCESS by 5:00 p.m. Eastern Time within 14 days after the date of publication of this notice.14 Hearing requests should contain: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to issues raised in the briefs. If a request for a hearing is made, parties will be notified of the date and time for the hearing to be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.15 Postponement of Final Determination Section 781(f) of the Act provides that, to the maximum extent practicable, Commerce shall make its anticircumvention determinations within 300 days from the date of initiation of the inquiry. We determine that it is not practicable to make a final determination in this anticircumvention inquiry by the current deadline of April 13, 2020, because Commerce will require additional time to notify the U.S. International Trade Commission (ITC), and to review and analyze case and rebuttal briefs. Therefore, we are extending the time period for issuing the final determination in this inquiry by 100 days, to July 22, 2020. Notification to the ITC Consistent with section 781(e) of the Act, Commerce is notifying the ITC of this affirmative preliminary determination to include the merchandise subject to this inquiry within the AD order on HFC blends 7 See 8 See PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 11 See 19 CFR 351.309(c)(2) and (d)(2). 19 CFR 351.303. 13 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 17006 (March 26, 2020). 14 See 19 CFR 351.310(c). 15 Id. 12 See E:\FR\FM\10APN1.SGM 10APN1 20246 Federal Register / Vol. 85, No. 70 / Friday, April 10, 2020 / Notices from China. Pursuant to section 781(e) of the Act, the ITC may request consultations concerning Commerce’s proposed inclusion of the subject merchandise. These consultations must be concluded within 15 days after the date of the request. If, after consultations, the ITC believes that a significant injury issue is presented by the proposed inclusion, it will have 60 days to provide written advice to Commerce. Notification to Interested Parties This notice is published in accordance with section 781(b) of the Act and 19 CFR 351.225(h). Dated: April 3, 2020. Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Merchandise Subject to the Scope and Anti-Circumvention Inquiry IV. Scope of the Order V. Statutory and Regulatory Framework for Scope Inquiry VI. Interested Party Scope Comments VII. Preliminary Scope Determination VIII. Period of Anti-Circumvention Inquiry IX. Surrogate Country and Valuation Methodology for Inputs From China X. Statutory and Regulatory Framework for Anti-Circumvention Inquiry XI. Use of Facts Available With an Adverse Inference XII. Allegations of Circumvention as Identified in the Initiation of the Inquiry XIII. Anti-Circumvention Analysis XIV. Summary of Statutory Analysis XV. Country-Wide Determination XVI. Certification for Not Using ChineseOrigin HFC Components or ChineseOrigin HFC Blends XVII. Recommendation lotter on DSKBCFDHB2PROD with NOTICES Appendix II Certification Requirements If an importer imports HFC blends (i.e., R– 404A, R–407A, R–407C, R–410A, and R– 507A/R–507) from India and claims that the HFC blends were not produced from Chinese components (i.e., Chinese origin R–32, R– 125, R–134a, and/or R–143a), the importer is required to complete and maintain the importer certification attached hereto as Appendix III and all supporting documentation. Where the importer uses a broker to facilitate the entry process, it should obtain the entry number from the broker. Agents of the importer, such as brokers, however, are not permitted to make this certification on behalf of the importer. The exporter is required to complete and maintain the exporter certification, attached as Appendix IV, and is further required to provide the importer a copy of that VerDate Sep<11>2014 18:00 Apr 09, 2020 Jkt 250001 certification and all supporting documentation. As explained below, shipments made within one year of purchase of Chinese blends or components are not eligible for the certification process. For shipments and/or entries on or after June 18, 2019, through April 30, 2020, for which certifications are required, importers and exporters should complete the required certification, as soon as practicable but not later than 30 days after the publication of this notice in the Federal Register. Accordingly, where appropriate, the relevant bullet in the certification should be edited to reflect that the certification was completed within the time frame specified above. For example, the bullet in the importer certification that reads: ‘‘This certification was completed at or prior to the time of Entry,’’ could be edited as follows: ‘‘The imports referenced herein entered before May 1, 2020. This certification was completed on mm/dd/yyyy, within 30 days of the Federal Register notice publication of the preliminary determination of circumvention.’’ Similarly, the bullet in the exporter certification that reads, ‘‘This certification was completed at or prior to the time of shipment,’’ could be edited as follows: ‘‘The shipments/products referenced herein shipped before May 1, 2020. This certification was completed on mm/dd/yyyy, within 30 days of the Federal Register notice publication of the preliminary determination of circumvention.’’ For such entries/ shipments, importers and exporters each have the option to complete a blanket certification covering multiple entries/ shipments, individual certifications for each entry/shipment, or a combination thereof. For shipments and/or entries on or after May 1, 2020, for which certifications are required, importers should complete the required certification at or prior to the date of entry and exporters should complete the required certification and provide it to the importer at or prior to the date of shipment. The importer and Indian exporter are also required to maintain sufficient documentation supporting their certifications. The importer will not be required to submit the certifications or supporting documentation to U.S. Customs and Border Protection (CBP) as part of the entry process at this time. However, the importer and the exporter will be required to present the certifications and supporting documentation, to Commerce and/or CBP, as applicable, upon request by the respective agency. Additionally, the claims made in the certifications and any supporting documentation are subject to verification by Commerce and/or CBP. The importer and exporter are required to maintain the certifications (the importer must retain both certifications) and supporting documentation for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in United States courts regarding such entries. In the situation where no certification is provided for an entry, and the AD China HFC blends order potentially applies to that entry, Commerce intends to instruct CBP to suspend the entry and collect cash deposits at the AD rate established for the China-wide entity (216.37 percent). Further, due to the PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 fungible nature of HFC components and HFC blends, their relatively long shelf-lives, and the manner in which HFC components and blends are handled and mixed, the U.S. importer and the Indian exporter must both certify that the Indian producer/exporter has not purchased Chinese-origin HFC components or Chinese-origin HFC blends during the 12 months prior to shipment in order to be eligible for entry of Indian-origin HFC blends (i.e., R–404A, R–407A, R–407C, R–410A, and R–507A/R–507) without regard to dumping duties. Any purchases of Chinese-origin HFC components (i.e., Chinese origin R–32, R–125, R–134a, and/or R–143a) or Chinese-origin HFC blends (i.e., R–404A, R–407A, R–407C, R–410A, and/or R–507A/R–507), by the Indian exporter and/ or producer (as relevant) during the 12 months prior to shipment will render the U.S. imports of the Indian blend subject to the Chinese order on HFC blends due to the possibility that the Indian blend may consist, in whole or in part, of Chinese-origin HFC components and/or Chinese HFC blends. Appendix III Importer Certification I hereby certify that: • My name is {IMPORTING COMPANY OFFICIAL’S NAME} and I am an official of {NAME OF IMPORTING COMPANY}, located at {ADDRESS of IMPORTING COMPANY}; • I have direct personal knowledge of the facts regarding the importation into the Customs territory of the United States of the hydrofluorocarbon (HFC) blends (i.e., R– 404A, R–407A, R–407C, R–410A, and/or R– 507A/R–507) produced in India that entered under the entry number(s) identified below, and which are covered by this certification. ‘‘Direct personal knowledge’’ refers to facts the certifying party is expected to have in its own records. For example, the importer should have direct personal knowledge of the importation of the product (e.g., the name of the exporter) in its records. • The HFC blends covered by this certification were exported by {NAME OF EXPORTING COMPANY}, located at {ADDRESS OF EXPORTING COMPANY}. If the importer is acting on behalf of the first U.S. customer, complete this paragraph: • The HFC blends covered by this certification were imported by {NAME OF IMPORTING COMPANY} on behalf of {NAME OF U.S. CUSTOMER}, located at {ADDRESS OF U.S. CUSTOMER}. • The HFC blends covered by this certification were shipped to {NAME OF PARTY TO WHOM MERCHANDISE WAS FIRST SHIPPED IN THE UNITED STATES}, located at {ADDRESS OF SHIPMENT}. • I have personal knowledge of the facts regarding the production of the imported products covered by this certification. ‘‘Personal knowledge’’ includes facts obtained from another party, (e.g., correspondence received by the importer (or exporter) from the producer regarding the source of the inputs used to produce the imported products); • The HFC blends covered by this certification were produced by {NAME OF PRODUCING COMPANY}, located at E:\FR\FM\10APN1.SGM 10APN1 Federal Register / Vol. 85, No. 70 / Friday, April 10, 2020 / Notices lotter on DSKBCFDHB2PROD with NOTICES {ADDRESS OF PRODUCING COMPANY}; for each additional company, repeat: {NAME OF PRODUCING COMPANY}, located at {ADDRESS OF PRODUCING COMPANY}. • The HFC blends covered by this certification do not contain HFC components (i.e., R–32, R–125, R–134a, and/or R–143a) produced in the People’s Republic of China (China); • The Indian exporter (and producer, if two different companies) have not purchased Chinese HFC blends (i.e., R–404A, R–407A, R–407C, R–410A, and/or R–507A/R–507) or Chinese HFC components (i.e., R–32, R–125, 20247 R–134a, and/or R–143a) during the 12 months prior to shipment of the aforementioned HFC blend(s) to the United States; • This certification applies to the following entries: Producer Entry summary No. Entry summary line item No. Invoice No. Invoice line item No. .......................................................................................................................... ........................ ........................ ........................ ........................ Invoice No. Invoice line item No. • I understand that {NAME OF IMPORTING COMPANY} is required to maintain a copy of this certification and sufficient documentation supporting this certification (i.e., documents maintained in the normal course of business, or documents obtained by the certifying party, for example, product data sheets, chemical testing specifications, productions records, invoices, etc.etc.) for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in the United States courts regarding such entries; • I understand that {NAME OF IMPORTING COMPANY} is required to provide this certification and supporting records, upon request, to U.S. Customs and Border Protection (CBP) and/or the Department of Commerce (Commerce); • I understand that {NAME OF IMPORTING COMPANY} is required to maintain a copy of the exporter’s certification (attesting to the production and/or export of the imported merchandise identified above), and any supporting records provided by the exporter to the importer, for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in United States courts regarding such entries; • I understand that {NAME OF IMPORTING COMPANY} is required to maintain, and upon request, provide a copy of the exporter’s certification and any supporting records provided by the exporter to the importer, to CBP and/or Commerce; • I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or Commerce; • I understand that failure to maintain the required certifications, and/or failure to substantiate the claims made herein, and/or failure to allow CBP and/or Commerce to verify the claims made herein, may results in a de facto determination that all entries to which this certification applies are within the scope if the antidumping duty (AD) order on HFC blends from China. I understand that such a finding will result in: Æ Suspension of liquidation of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met; Æ The requirement that the importer post applicable AD cash deposits equal to the rates as determined by Commerce; and Æ The revocation of {NAME OF IMPORTING COMPANY}’s privilege to certify future imports of HFC blends from VerDate Sep<11>2014 18:00 Apr 09, 2020 Jkt 250001 India as not manufactured using HFC blends and/or components from China. • I understand that agents of the importer, such as brokers, are not permitted to make this certification; • This certification was completed at or prior to the time of Entry; and • I am aware that U.S. law (including, but not limited to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who knowingly and willfully make materially false statements to the U.S. government. Signature NAME OF COMPANY OFFICIAL TITLE DATE Appendix IV Exporter Certification I hereby certify that: • My name is {COMPANY OFFICIAL’S NAME} and I am an official of {NAME OF EXPORTING COMPANY}, located at {ADDRESS OF EXPORTING COMPANY}; • I have direct personal knowledge of the facts regarding the production and exportation of the hydrofluorocarbon (HFC) blends (i.e., R–404A, R–407A, R–407C, R– 410A, and/or R–507A/R–507) identified below. ‘‘Direct personal knowledge’’ refers to facts the certifying party is expected to have in its own books and records. For example, an exporter should have direct personal knowledge of the producer’s identity and location. • The HFC blends, and the individual components thereof, covered this certification were produced by {NAME OF PRODUCING COMPANY}, located at {ADDRESS OF PRODUCING COMPANY}; for each additional company, repeat: {NAME OF PRODUCING COMPANY}, located at {ADDRESS OF PRODUCING COMPANY}. • The HFC blends produced in India do not contain HFC components (i.e., R–32, R– 125, R–134a, and/or R–143a) produced in the People’s Republic of China (China); • The Indian exporter (and producer, if two different companies) have not purchased Chinese HFC blends (i.e., R–404A, R–407A, R–407C, R–410A, and/or R–507A/R–507) or Chinese HFC components (i.e., R–32, R–125, R–134a, and/or R–143a) during the 12 months prior to shipment of the aforementioned HFC blend(s) to the United States; • This certification applies to the following sales: PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 Producer • The HFC blends covered by this certification were sold to {NAME OF U.S. CUSTOMER}, located at {ADDRESS OF U.S. CUSTOMER}. • The HFC blends covered by this certification were shipped to {NAME OF PARTY TO WHOM MERCHANDISE WAS SHIPPED}, located at {ADDRESS OF SHIPMENT}. • I understand that {NAME OF EXPORTING COMPANY} is required to maintain a copy of this certification and sufficient documentation supporting this certification (i.e., documents maintained in the normal course of business, or documents obtained by the certifying party, for example, product data sheets, chemical testing specifications, productions records, invoices, etc.) for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in the United States courts regarding such entries; • I understand that {NAME OF EXPORTING COMPANY} must provide this Exporter Certification to the U.S. importer by the time of shipment; • I understand that {NAME OF EXPORTING COMPANY} is required to provide a copy of this certification and supporting records, upon request, to U.S. Customs and Border Protection (CBP) and/or the Department of Commerce (Commerce); • I understand that the claims made herein, and the substantiating documentation are subject to verification by CBP and/or Commerce; • I understand that failure to maintain the required certifications, and/or failure to substantiate the claims made herein, and/or failure to allow CBP and/or Commerce to verify the claims made herein, may result in a de facto determination that all sales to which this certification applies are within the scope of the antidumping duty (AD) order on HFC blends from China. I understand that such finding will result in: Æ Suspension of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met; Æ The requirement that the importer post applicable AD cash deposits equal to the rates as determined by Commerce; and Æ The revocation of {NAME OF EXPORTING COMPANY}’s privilege to E:\FR\FM\10APN1.SGM 10APN1 20248 Federal Register / Vol. 85, No. 70 / Friday, April 10, 2020 / Notices certify future exports of HFC blends from India as not manufactured using HFC blends and/or components from China. • This certification was completed at or prior to the time of shipment; and • I am aware that U.S. law (including, but not limited to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who knowingly and willfully make materially false statements to the U.S. government. Signature NAME OF COMPANY OFFICIAL TITLE DATE [FR Doc. 2020–07606 Filed 4–9–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–028] Hydrofluorocarbon Blends From the People’s Republic of China: Affirmative Preliminary Determination of Circumvention of the Antidumping Duty Order for HFC Components; and Extension of Time Limit for Final Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that imports of hydrofluorocarbon (HFC) components R–32 (difluoromethane), R– 125 (pentafluoroethane), and R–143a (1,1,1-trifluoroethane) from the People’s Republic of China (China) are circumventing the antidumping duty (AD) order on HFC blends from China. As a result, imports of R–32, R–125, and R–143a from China will be subject to suspension of liquidation effective June 18, 2019. We invite interested parties to comment on this preliminary determination. AGENCY: DATES: Applicable April 10, 2020. FOR FURTHER INFORMATION CONTACT: Benjamin Luberda or Jacob Garten, AD/ CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2185 or (202) 482–3342, respectively. lotter on DSKBCFDHB2PROD with NOTICES SUPPLEMENTARY INFORMATION: Background On June 18, 2019, Commerce initiated an anti-circumvention inquiry to determine whether imports of certain HFC components (i.e., R–32, R–125, and R–143a) from China, that are further processed into finished HFC blends in VerDate Sep<11>2014 19:20 Apr 09, 2020 Jkt 250001 the United States,1 are circumventing the Order on HFC blends from China.2 For a complete description of the events that followed the initiation of this inquiry, see the Preliminary Decision Memorandum.3 Scope of the Order The products subject to the Order are HFC blends. HFC blends covered by the scope are R–404A, R–407A, R–407C, R– 410A, and R–507A/R–507.4 HFC blends covered by the scope of the Order are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) at subheadings 3824.78.0020 and 3824.78.0050. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope is dispositive. Merchandise Subject to the AntiCircumvention Inquiry This anti-circumvention inquiry covers imports of the HFC components R–32 (difluoromethane), R–125 (pentafluoroethane), and R–143a (1,1,1trifluoroethane), from China that are further processed in the United States to create an HFC blend that would be subject to the Order. Methodology Commerce made this preliminary finding of circumvention in accordance with section 781(a) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.225(g). We relied on information placed on the record by the American HFC Coalition (the petitioners); by Arkema Inc., BMP USA Inc., IGas USA, Inc., and their affiliated importers, National Refrigerants, Inc. (collectively, U.S. importers and blenders); and by Zhejiang Quzhou Juxin Fluorine Chemical Co., Ltd., Zhejiang Sanmei Chemical Ind. Co., Ltd., and T.T. International Co., Ltd. (collectively, Chinese producers and/or exporters). Further, because Golden G Imports LLC and Taizhou Qingsong Refrigerant New Material Co., Ltd. did not cooperate to the best of their ability in responding to Commerce’s requests for information, 1 See Hydrofluorocarbon Blends from the People’s Republic of China: Initiation of Anti-Circumvention Inquiry of Antidumping Duty Order; Components, 84 FR 28273 (June 18, 2019). 2 See Hydrofluorocarbon Blends from the People’s Republic of China: Antidumping Duty Order, 81 FR 55436 (October 16, 2017) (Order). 3 See Memorandum, ‘‘Preliminary Decision Memorandum for Anti-Circumvention Inquiry of the Antidumping Duty Order on Hydrofluorocarbon Blends from the People’s Republic of China: HFC Components’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 For a complete description of the scope of the order, see Preliminary Decision Memorandum. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 we have based parts of our preliminary determination on the facts available, with adverse inferences, pursuant to sections 776(a) and (b) of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. 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/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. A list of the topics discussed in the Preliminary Decision Memorandum is attached at the Appendix to this notice. Affirmative Preliminary Determination of Circumvention As detailed in the Preliminary Decision Memorandum, we preliminarily determine, pursuant to section 781(a) of the Act, that imports of HFC components R–32, R–125, and R– 143a from China, that are further processed in the United States into finished HFC blends subject to the Order are circumventing the Order. Suspension of Liquidation In accordance with 19 CFR 351.225(l)(2), Commerce will instruct CBP to suspend liquidation of all HFC components R–32, R–125, and R–143a (as defined in the Merchandise Subject to the Anti-Circumvention Inquiry section above) from China that are entered, or withdrawn from warehouse, for consumption on or after June 18, 2019, the date of initiation of this anticircumvention inquiry.5 CBP shall require cash deposits in accordance with those rates prevailing at the time of entry, depending upon the exporter in question, under the HFC blends Order. The suspension of liquidation instructions will remain in effect until further notice. We received comments from multiple parties with respect to certification regimes to exclude certain imports of 5 See, e.g., Anti-circumvention Inquiry of the Antidumping Duty Order on Certain Pasta from Italy: Affirmative Preliminary Determination of Circumvention of the Antidumping Duty Order, 63 FR 18364, 18366 (April 15, 1998), unchanged in Anti-Circumvention Inquiry of the Antidumping Duty Order on Certain Pasta from Italy: Affirmative Final Determination of Circumvention of the Antidumping Duty Order, 63 FR 54672, 54675–6 (October 13, 1998). E:\FR\FM\10APN1.SGM 10APN1

Agencies

[Federal Register Volume 85, Number 70 (Friday, April 10, 2020)]
[Notices]
[Pages 20244-20248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07606]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-028]


Hydrofluorocarbon Blends From the People's Republic of China: 
Preliminary Scope Ruling on Gujarat Fluorochemicals Ltd.'s R-410A 
Blend; Affirmative Preliminary Determination of Circumvention of the 
Antidumping Duty Order for Indian Blends Containing Chinese Components

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that certain hydrofluorocarbon (HFC) blends, containing HFC components 
from India and the People's Republic of China (China), that are blended 
in India prior to importation into the United States, are circumventing 
the antidumping duty (AD) order on HFC blends from China. As a result, 
imports of HFC blends, containing HFC components from India and China, 
that are blended in India prior to importation into the United States, 
will be subject to suspension of liquidation effective June 18, 2019. 
We invite interested parties to comment on this preliminary 
determination.

DATES: Applicable April 10, 2020.

FOR FURTHER INFORMATION CONTACT: Jacob Garten or Benjamin 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) 482-3342 or (202) 
482-2185, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On June 8, 2019, Commerce initiated an anti-circumvention inquiry 
to determine whether certain HFC blends, containing HFC components from 
India and China, that are blended in India prior to importation into 
the United States,\1\ are circumventing the AD order on HFC blends from 
China.\2\ Additionally, in the Notice of Initiation, we stated that, as 
part of this anti-circumvention inquiry, we would also address the 
scope inquiry filed by Gujarat Fluorochemicals Ltd. (GFL).\3\ As part 
of this preliminary determination, we also have made a preliminary 
scope finding. For a complete description of the events that followed 
the initiation of this inquiry, see the Preliminary Decision 
Memorandum.\4\
---------------------------------------------------------------------------

    \1\ See Hydrofluorocarbon Blends from the People's Republic of 
China: Initiation of Anti-Circumvention Inquiry of Antidumping Duty 
Order; Third-Country Blends Containing Chinese Components, 84 FR 
28269 (June 18, 2019) (Notice of Initiation).
    \2\ See Hydrofluorocarbon Blends from the People's Republic of 
China: Antidumping Duty Order, 81 FR 55436 (August 19, 2016) 
(Order).
    \3\ See Notice of Initiation, 84 FR at 28272.
    \4\ See Memorandum, ``Preliminary Decision Memorandum for Scope 
Ruling and Anti-Circumvention Inquiry of the Antidumping Duty Order 
on Hydrofluorocarbon Blends from the People's Republic of China: 
Indian Blends,'' dated concurrently with, and hereby adopted by, 
this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The products subject to the Order are HFC blends. HFC blends 
covered by the scope are R-404A, R-407A, R-407C, R-410A, and R-507A/R-
507.\5\ HFC blends covered by the scope of the Order are currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) at subheadings 3824.78.0020 and 3824.78.0050. Although the 
HTSUS subheadings are provided for convenience and customs purposes, 
the written description of the scope is dispositive.
---------------------------------------------------------------------------

    \5\ For a complete description of the scope of the Order, see 
Preliminary Decision Memorandum.
---------------------------------------------------------------------------

Merchandise Subject to the Anti-Circumvention Inquiry

    This anti-circumvention inquiry covers HFC blends R-404A, R-407A, 
R-407C, R-410A, and R-507A/R-507 produced in India using one or more 
HFC components of Chinese origin.\6\
---------------------------------------------------------------------------

    \6\ Based upon questionnaire responses provided by the Indian 
producer/exporters in this inquiry, we have preliminarily determined 
to cover all of the HFC blends listed under the scope or the Order, 
as we stated we may cover in the Notice of Initiation, 84 FR at 
28270.
---------------------------------------------------------------------------

Methodology

    Commerce made this preliminary finding of circumvention in 
accordance with section 781(b) of the Tariff Act of 1930, as amended 
(the Act), and 19 CFR 351.225(h). We relied on information placed on 
the record by the American HFC Coalition (the petitioners) and 
information placed on the record by GFL, Refex Industries Limited, and 
SRF Limited. Further, because Coolmate Refrigerant Pvt. Ltd. did not 
cooperate to the best of its ability in responding to Commerce's 
requests for information, we have based parts of our preliminary 
determination on the facts available, with adverse inferences, pursuant 
to sections 776(a) and (b) of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. The Preliminary 
Decision Memorandum is a public document and is on file

[[Page 20245]]

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/. The signed 
and electronic versions of the Preliminary Decision Memorandum are 
identical in content. A list of the topics discussed in the Preliminary 
Decision Memorandum is attached at Appendix I to this notice.

Preliminary Scope Ruling and Affirmative Preliminary Determination of 
Circumvention

    As detailed in the Preliminary Decision Memorandum, we 
preliminarily determine, pursuant to 19 CFR 351.225(k), that because 
the scope only covers HFC blends manufactured in China, and HFC blends 
manufactured in third countries are not covered, that R-410A 
manufactured from Chinese and Indian HFC components is not covered by 
the plain language of the scope of the Order within the meaning of 19 
CFR 351.225(k). Accordingly, because R-410A manufactured from Chinese 
and Indian HFC components is neither included in the Order nor 
specifically excluded from the Order, a circumvention analysis and 
determination is warranted for R-410A blends under 19 CFR 351.225(h).
    Further, as detailed in the Preliminary Decision Memorandum, we 
have examined HFC blends R-404A, R-407A, R-407C, R-410A, and R-507A/R-
507 produced and/or exported from India which consist of Chinese and 
non-Chinese HFC components and we preliminarily determine, pursuant to 
section 781(b) of the Act, that imports of such HFC blends, composed of 
Chinese HFC components and non-Chinese HFC components, blended in India 
prior to importation into the United States, are circumventing the 
Order.

Suspension of Liquidation

    In accordance with section 19 CFR 351.225(l)(2), Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of HFC blends R-404A, R-407A, R-407C, R-410A, and R-507A/R-507 produced 
(i.e., assembled or completed) using one or more Chinese-origin HFC 
components in India (as defined in the Merchandise Subject to the Anti-
Circumvention Inquiry section above) that are entered, or withdrawn 
from warehouse, for consumption on or after June 18, 2019, the date of 
initiation of this anti-circumvention inquiry.\7\ CBP shall require 
cash deposits in accordance with the rate established for the China-
wide entity, i.e., 216.37 percent,\8\ for entries of such merchandise 
produced in India. The suspension of liquidation instructions will 
remain in effect until further notice.
---------------------------------------------------------------------------

    \7\ See Notice of Initiation.
    \8\ See Order at 81 FR 55438.
---------------------------------------------------------------------------

    HFC blends produced in India entirely from HFC components that are 
not of Chinese origin are not subject to this inquiry. Therefore, cash 
deposits are not required for such merchandise. However, HFC blends R-
404A, R-407A, R-407C, R-410A, and R-507A/R-507 produced in India, in 
whole or in part, from R-32, R-125, R-134a, and/or R-143a from China 
are subject to the AD order on HFC blends from China. If an importer 
imports HFC blends R-404A, R-407A, R-407C, R-410A, or R-507A/R-507 from 
India and claims that the HFC blend was produced from non-Chinese HFC 
components, in order not to be subject to cash deposit requirements, 
the importer and exporter are required to meet the certification and 
documentation requirements described in Appendix II. As explained in 
Appendix II, entries of shipments made within one year after the 
exporter and/or producer (as relevant) purchases Chinese blends or 
components are not eligible for the certification process. Exporters of 
HFC blends produced in India from non-Chinese-origin HFC components 
must prepare and maintain an Exporter Certification and documentation 
supporting the Exporter Certification (see Appendix IV). In addition, 
importers of such HFC components must prepare and maintain an Importer 
Certification (see Appendix III) as well as documentation supporting 
the Importer Certification. In addition to the Importer Certification, 
the importer must also maintain a copy of the Exporter Certification 
(see Appendix IV) and relevant supporting documentation from its 
exporter of HFC blends produced from non-Chinese-origin HFC components.

Public Comment

    Interested parties may submit case briefs to Commerce no later than 
14 days after the date of publication of this notice.\9\ Rebuttal 
briefs, limited to issues raised in the case briefs, may be filed no 
later than seven days after the time limit for filing case briefs.\10\ 
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.\11\ Case and rebuttal briefs should be filed 
electronically via ACCESS.\12\ Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information, until May 19, 2020, unless 
extended.\13\
---------------------------------------------------------------------------

    \9\ Commerce is exercising its discretion, under 19 CFR 
351.309(c)(1)(ii), to alter the time limit for filing of case 
briefs.
    \10\ Commerce is exercising its discretion, under 19 CFR 
351.309(d)(1), to alter the time limit for filing of rebuttal 
briefs.
    \11\ See 19 CFR 351.309(c)(2) and (d)(2).
    \12\ See 19 CFR 351.303.
    \13\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19, 85 FR 17006 (March 26, 2020).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically and 
received successfully in its entirety via ACCESS by 5:00 p.m. Eastern 
Time within 14 days after the date of publication of this notice.\14\ 
Hearing requests should contain: (1) The party's name, address, and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
issues raised in the briefs. If a request for a hearing is made, 
parties will be notified of the date and time for the hearing to be 
held at the U.S. Department of Commerce, 1401 Constitution Avenue NW, 
Washington, DC 20230.\15\
---------------------------------------------------------------------------

    \14\ See 19 CFR 351.310(c).
    \15\ Id.
---------------------------------------------------------------------------

Postponement of Final Determination

    Section 781(f) of the Act provides that, to the maximum extent 
practicable, Commerce shall make its anticircumvention determinations 
within 300 days from the date of initiation of the inquiry. We 
determine that it is not practicable to make a final determination in 
this anti-circumvention inquiry by the current deadline of April 13, 
2020, because Commerce will require additional time to notify the U.S. 
International Trade Commission (ITC), and to review and analyze case 
and rebuttal briefs. Therefore, we are extending the time period for 
issuing the final determination in this inquiry by 100 days, to July 
22, 2020.

Notification to the ITC

    Consistent with section 781(e) of the Act, Commerce is notifying 
the ITC of this affirmative preliminary determination to include the 
merchandise subject to this inquiry within the AD order on HFC blends

[[Page 20246]]

from China. Pursuant to section 781(e) of the Act, the ITC may request 
consultations concerning Commerce's proposed inclusion of the subject 
merchandise. These consultations must be concluded within 15 days after 
the date of the request. If, after consultations, the ITC believes that 
a significant injury issue is presented by the proposed inclusion, it 
will have 60 days to provide written advice to Commerce.

Notification to Interested Parties

    This notice is published in accordance with section 781(b) of the 
Act and 19 CFR 351.225(h).

    Dated: April 3, 2020.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Merchandise Subject to the Scope and Anti-Circumvention Inquiry
IV. Scope of the Order
V. Statutory and Regulatory Framework for Scope Inquiry
VI. Interested Party Scope Comments
VII. Preliminary Scope Determination
VIII. Period of Anti-Circumvention Inquiry
IX. Surrogate Country and Valuation Methodology for Inputs From 
China
X. Statutory and Regulatory Framework for Anti-Circumvention Inquiry
XI. Use of Facts Available With an Adverse Inference
XII. Allegations of Circumvention as Identified in the Initiation of 
the Inquiry
XIII. Anti-Circumvention Analysis
XIV. Summary of Statutory Analysis
XV. Country-Wide Determination
XVI. Certification for Not Using Chinese-Origin HFC Components or 
Chinese-Origin HFC Blends
XVII. Recommendation

Appendix II

Certification Requirements

    If an importer imports HFC blends (i.e., R-404A, R-407A, R-407C, 
R-410A, and R-507A/R-507) from India and claims that the HFC blends 
were not produced from Chinese components (i.e., Chinese origin R-
32, R-125, R-134a, and/or R-143a), the importer is required to 
complete and maintain the importer certification attached hereto as 
Appendix III and all supporting documentation. Where the importer 
uses a broker to facilitate the entry process, it should obtain the 
entry number from the broker. Agents of the importer, such as 
brokers, however, are not permitted to make this certification on 
behalf of the importer.
    The exporter is required to complete and maintain the exporter 
certification, attached as Appendix IV, and is further required to 
provide the importer a copy of that certification and all supporting 
documentation. As explained below, shipments made within one year of 
purchase of Chinese blends or components are not eligible for the 
certification process.
    For shipments and/or entries on or after June 18, 2019, through 
April 30, 2020, for which certifications are required, importers and 
exporters should complete the required certification, as soon as 
practicable but not later than 30 days after the publication of this 
notice in the Federal Register. Accordingly, where appropriate, the 
relevant bullet in the certification should be edited to reflect 
that the certification was completed within the time frame specified 
above. For example, the bullet in the importer certification that 
reads: ``This certification was completed at or prior to the time of 
Entry,'' could be edited as follows: ``The imports referenced herein 
entered before May 1, 2020. This certification was completed on mm/
dd/yyyy, within 30 days of the Federal Register notice publication 
of the preliminary determination of circumvention.'' Similarly, the 
bullet in the exporter certification that reads, ``This 
certification was completed at or prior to the time of shipment,'' 
could be edited as follows: ``The shipments/products referenced 
herein shipped before May 1, 2020. This certification was completed 
on mm/dd/yyyy, within 30 days of the Federal Register notice 
publication of the preliminary determination of circumvention.'' For 
such entries/shipments, importers and exporters each have the option 
to complete a blanket certification covering multiple entries/
shipments, individual certifications for each entry/shipment, or a 
combination thereof.
    For shipments and/or entries on or after May 1, 2020, for which 
certifications are required, importers should complete the required 
certification at or prior to the date of entry and exporters should 
complete the required certification and provide it to the importer 
at or prior to the date of shipment.
    The importer and Indian exporter are also required to maintain 
sufficient documentation supporting their certifications. The 
importer will not be required to submit the certifications or 
supporting documentation to U.S. Customs and Border Protection (CBP) 
as part of the entry process at this time. However, the importer and 
the exporter will be required to present the certifications and 
supporting documentation, to Commerce and/or CBP, as applicable, 
upon request by the respective agency. Additionally, the claims made 
in the certifications and any supporting documentation are subject 
to verification by Commerce and/or CBP. The importer and exporter 
are required to maintain the certifications (the importer must 
retain both certifications) and supporting documentation for the 
later of (1) a period of five years from the date of entry or (2) a 
period of three years after the conclusion of any litigation in 
United States courts regarding such entries.
    In the situation where no certification is provided for an 
entry, and the AD China HFC blends order potentially applies to that 
entry, Commerce intends to instruct CBP to suspend the entry and 
collect cash deposits at the AD rate established for the China-wide 
entity (216.37 percent). Further, due to the fungible nature of HFC 
components and HFC blends, their relatively long shelf-lives, and 
the manner in which HFC components and blends are handled and mixed, 
the U.S. importer and the Indian exporter must both certify that the 
Indian producer/exporter has not purchased Chinese-origin HFC 
components or Chinese-origin HFC blends during the 12 months prior 
to shipment in order to be eligible for entry of Indian-origin HFC 
blends (i.e., R-404A, R-407A, R-407C, R-410A, and R-507A/R-507) 
without regard to dumping duties. Any purchases of Chinese-origin 
HFC components (i.e., Chinese origin R-32, R-125, R-134a, and/or R-
143a) or Chinese-origin HFC blends (i.e., R-404A, R-407A, R-407C, R-
410A, and/or R-507A/R-507), by the Indian exporter and/or producer 
(as relevant) during the 12 months prior to shipment will render the 
U.S. imports of the Indian blend subject to the Chinese order on HFC 
blends due to the possibility that the Indian blend may consist, in 
whole or in part, of Chinese-origin HFC components and/or Chinese 
HFC blends.

Appendix III

Importer Certification

    I hereby certify that:
     My name is {IMPORTING COMPANY OFFICIAL'S NAME{time}  
and I am an official of {NAME OF IMPORTING COMPANY{time} , located 
at {ADDRESS of IMPORTING COMPANY{time} ;
     I have direct personal knowledge of the facts regarding 
the importation into the Customs territory of the United States of 
the hydrofluorocarbon (HFC) blends (i.e., R-404A, R-407A, R-407C, R-
410A, and/or R-507A/R-507) produced in India that entered under the 
entry number(s) identified below, and which are covered by this 
certification. ``Direct personal knowledge'' refers to facts the 
certifying party is expected to have in its own records. For 
example, the importer should have direct personal knowledge of the 
importation of the product (e.g., the name of the exporter) in its 
records.
     The HFC blends covered by this certification were 
exported by {NAME OF EXPORTING COMPANY{time} , located at {ADDRESS 
OF EXPORTING COMPANY{time} . If the importer is acting on behalf of 
the first U.S. customer, complete this paragraph:
     The HFC blends covered by this certification were 
imported by {NAME OF IMPORTING COMPANY{time}  on behalf of {NAME OF 
U.S. CUSTOMER{time} , located at {ADDRESS OF U.S. CUSTOMER{time} .
     The HFC blends covered by this certification were 
shipped to {NAME OF PARTY TO WHOM MERCHANDISE WAS FIRST SHIPPED IN 
THE UNITED STATES{time} , located at {ADDRESS OF SHIPMENT{time} .
     I have personal knowledge of the facts regarding the 
production of the imported products covered by this certification. 
``Personal knowledge'' includes facts obtained from another party, 
(e.g., correspondence received by the importer (or exporter) from 
the producer regarding the source of the inputs used to produce the 
imported products);
     The HFC blends covered by this certification were 
produced by {NAME OF PRODUCING COMPANY{time} , located at

[[Page 20247]]

{ADDRESS OF PRODUCING COMPANY{time} ; for each additional company, 
repeat: {NAME OF PRODUCING COMPANY{time} , located at {ADDRESS OF 
PRODUCING COMPANY{time} .
     The HFC blends covered by this certification do not 
contain HFC components (i.e., R-32, R-125, R-134a, and/or R-143a) 
produced in the People's Republic of China (China);
     The Indian exporter (and producer, if two different 
companies) have not purchased Chinese HFC blends (i.e., R-404A, R-
407A, R-407C, R-410A, and/or R-507A/R-507) or Chinese HFC components 
(i.e., R-32, R-125, R-134a, and/or R-143a) during the 12 months 
prior to shipment of the aforementioned HFC blend(s) to the United 
States;
     This certification applies to the following entries:

----------------------------------------------------------------------------------------------------------------
                                                   Entry summary   Entry summary                   Invoice line
                    Producer                            No.        line item No.    Invoice No.      item No.
----------------------------------------------------------------------------------------------------------------
                                                  ..............  ..............  ..............  ..............
----------------------------------------------------------------------------------------------------------------

     I understand that {NAME OF IMPORTING COMPANY{time}  is 
required to maintain a copy of this certification and sufficient 
documentation supporting this certification (i.e., documents 
maintained in the normal course of business, or documents obtained 
by the certifying party, for example, product data sheets, chemical 
testing specifications, productions records, invoices, etc.etc.) for 
the later of (1) a period of five years from the date of entry or 
(2) a period of three years after the conclusion of any litigation 
in the United States courts regarding such entries;
     I understand that {NAME OF IMPORTING COMPANY{time}  is 
required to provide this certification and supporting records, upon 
request, to U.S. Customs and Border Protection (CBP) and/or the 
Department of Commerce (Commerce);
     I understand that {NAME OF IMPORTING COMPANY{time}  is 
required to maintain a copy of the exporter's certification 
(attesting to the production and/or export of the imported 
merchandise identified above), and any supporting records provided 
by the exporter to the importer, for the later of (1) a period of 
five years from the date of entry or (2) a period of three years 
after the conclusion of any litigation in United States courts 
regarding such entries;
     I understand that {NAME OF IMPORTING COMPANY{time}  is 
required to maintain, and upon request, provide a copy of the 
exporter's certification and any supporting records provided by the 
exporter to the importer, to CBP and/or Commerce;
     I understand that the claims made herein, and the 
substantiating documentation, are subject to verification by CBP 
and/or Commerce;
     I understand that failure to maintain the required 
certifications, and/or failure to substantiate the claims made 
herein, and/or failure to allow CBP and/or Commerce to verify the 
claims made herein, may results in a de facto determination that all 
entries to which this certification applies are within the scope if 
the antidumping duty (AD) order on HFC blends from China. I 
understand that such a finding will result in:
    [cir] Suspension of liquidation of all unliquidated entries (and 
entries for which liquidation has not become final) for which these 
requirements were not met;
    [cir] The requirement that the importer post applicable AD cash 
deposits equal to the rates as determined by Commerce; and
    [cir] The revocation of {NAME OF IMPORTING COMPANY{time} 's 
privilege to certify future imports of HFC blends from India as not 
manufactured using HFC blends and/or components from China.
     I understand that agents of the importer, such as 
brokers, are not permitted to make this certification;
     This certification was completed at or prior to the 
time of Entry; and
     I am aware that U.S. law (including, but not limited 
to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who 
knowingly and willfully make materially false statements to the U.S. 
government.
    Signature
    NAME OF COMPANY OFFICIAL
    TITLE
    DATE

Appendix IV

Exporter Certification

    I hereby certify that:
     My name is {COMPANY OFFICIAL'S NAME{time}  and I am an 
official of {NAME OF EXPORTING COMPANY{time} , located at {ADDRESS 
OF EXPORTING COMPANY{time} ;
     I have direct personal knowledge of the facts regarding 
the production and exportation of the hydrofluorocarbon (HFC) blends 
(i.e., R-404A, R-407A, R-407C, R-410A, and/or R-507A/R-507) 
identified below. ``Direct personal knowledge'' refers to facts the 
certifying party is expected to have in its own books and records. 
For example, an exporter should have direct personal knowledge of 
the producer's identity and location.
     The HFC blends, and the individual components thereof, 
covered this certification were produced by {NAME OF PRODUCING 
COMPANY{time} , located at {ADDRESS OF PRODUCING COMPANY{time} ; for 
each additional company, repeat: {NAME OF PRODUCING COMPANY{time} , 
located at {ADDRESS OF PRODUCING COMPANY{time} .
     The HFC blends produced in India do not contain HFC 
components (i.e., R-32, R-125, R-134a, and/or R-143a) produced in 
the People's Republic of China (China);
     The Indian exporter (and producer, if two different 
companies) have not purchased Chinese HFC blends (i.e., R-404A, R-
407A, R-407C, R-410A, and/or R-507A/R-507) or Chinese HFC components 
(i.e., R-32, R-125, R-134a, and/or R-143a) during the 12 months 
prior to shipment of the aforementioned HFC blend(s) to the United 
States;
     This certification applies to the following sales:

------------------------------------------------------------------------
                                                           Invoice line
                Producer                    Invoice No.      item No.
------------------------------------------------------------------------
 
------------------------------------------------------------------------

     The HFC blends covered by this certification were sold 
to {NAME OF U.S. CUSTOMER{time} , located at {ADDRESS OF U.S. 
CUSTOMER{time} .
     The HFC blends covered by this certification were 
shipped to {NAME OF PARTY TO WHOM MERCHANDISE WAS SHIPPED{time} , 
located at {ADDRESS OF SHIPMENT{time} .
     I understand that {NAME OF EXPORTING COMPANY{time}  is 
required to maintain a copy of this certification and sufficient 
documentation supporting this certification (i.e., documents 
maintained in the normal course of business, or documents obtained 
by the certifying party, for example, product data sheets, chemical 
testing specifications, productions records, invoices, etc.) for the 
later of (1) a period of five years from the date of entry or (2) a 
period of three years after the conclusion of any litigation in the 
United States courts regarding such entries;
     I understand that {NAME OF EXPORTING COMPANY{time}  
must provide this Exporter Certification to the U.S. importer by the 
time of shipment;
     I understand that {NAME OF EXPORTING COMPANY{time}  is 
required to provide a copy of this certification and supporting 
records, upon request, to U.S. Customs and Border Protection (CBP) 
and/or the Department of Commerce (Commerce);
     I understand that the claims made herein, and the 
substantiating documentation are subject to verification by CBP and/
or Commerce;
     I understand that failure to maintain the required 
certifications, and/or failure to substantiate the claims made 
herein, and/or failure to allow CBP and/or Commerce to verify the 
claims made herein, may result in a de facto determination that all 
sales to which this certification applies are within the scope of 
the antidumping duty (AD) order on HFC blends from China. I 
understand that such finding will result in:
    [cir] Suspension of all unliquidated entries (and entries for 
which liquidation has not become final) for which these requirements 
were not met;
    [cir] The requirement that the importer post applicable AD cash 
deposits equal to the rates as determined by Commerce; and
    [cir] The revocation of {NAME OF EXPORTING COMPANY{time} 's 
privilege to

[[Page 20248]]

certify future exports of HFC blends from India as not manufactured 
using HFC blends and/or components from China.
     This certification was completed at or prior to the 
time of shipment; and
     I am aware that U.S. law (including, but not limited 
to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who 
knowingly and willfully make materially false statements to the U.S. 
government.
    Signature
    NAME OF COMPANY OFFICIAL
    TITLE
    DATE
[FR Doc. 2020-07606 Filed 4-9-20; 8:45 am]
 BILLING CODE 3510-DS-P