Hydrofluorocarbon Blends From the People's Republic of China: Final Negative Scope Ruling on Gujarat Fluorochemicals Ltd.'s R-410A Blend; Affirmative Final Determination of Circumvention of the Antidumping Duty Order by Indian Blends Containing Chinese Components, 61930-61934 [2020-21730]
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Federal Register / Vol. 85, No. 191 / Thursday, October 1, 2020 / Notices
information requirements are distinct
from the ITC’s information
requirements. Consult Commerce’s
regulations for information regarding
Commerce’s conduct of Sunset Reviews.
Consult Commerce’s regulations at 19
CFR part 351 for definitions of terms
and for other general information
concerning antidumping and
countervailing duty proceedings at
Commerce.
This notice of initiation is being
published in accordance with section
751(c) of the Act and 19 CFR 351.218(c).
Dated: September 18, 2020.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2020–21729 Filed 9–30–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Advance Notification of
Sunset Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
Background
Every five years, pursuant to the Tariff
Act of 1930, as amended (the Act), the
Department of Commerce (Commerce)
and the International Trade Commission
automatically initiate and conduct
reviews to determine whether
revocation of a countervailing or
antidumping duty order or termination
of an investigation suspended under
section 704 or 734 of the Act would be
likely to lead to continuation or
recurrence of dumping or a
countervailable subsidy (as the case may
be) and of material injury.
Upcoming Sunset Reviews for
November 2020
Pursuant to section 751(c) of the Act,
the following Sunset Reviews are
scheduled for initiation in November
2020 and will appear in that month’s
Notice of Initiation of Five-Year Sunset
Reviews (Sunset Review).
jbell on DSKJLSW7X2PROD with NOTICES
Department contact
Antidumping Duty Proceedings
Cut-to-Length Carbon Steel Plate from China (A–570–849) (4th Review) ....................................
Melamine from China (A–570–020) (1st Review) ...........................................................................
Potassium Phosphate Salts from China (A–570–962) (2nd Review) .............................................
Welded Line Pipe from Republic of Korea (A–580–876) (1st Review) ..........................................
Welded Line Pipe from Republic of Turkey (A–489–822) (1st Review) .........................................
Matthew Renkey, (202) 482–2312.
Mary Kolberg, (202) 482–1785.
Matthew Renkey, (202) 482–2312.
Mary Kolberg, (202) 482–1785.
Mary Kolberg, (202) 482–1785.
Countervailing Duty Proceedings
Melamine from China (C–570–021) (1st Review) ...........................................................................
Potassium Phosphate Salts from China (C–570–963) (2nd Review) .............................................
Welded Line Pipe from Republic of Korea (C–580–877) (Review) ................................................
Welded Line Pipe from Turkey (C–489–823) (1st Review) ............................................................
Mary Kolberg, (202) 482–1785.
Jacqueline Arrowsmith, (202) 482–5255.
Mary Kolberg, (202) 482–1785.
Mary Kolberg, (202) 482–1785.
Suspended Investigations
Cut-to-Length Carbon Steel Plate from Russia (A–821–808) (4th Review) ...................................
Cut-to-Length Carbon Steel Plate from Ukraine (A–823–808) (4th Review) .................................
Jacqueline Arrowsmith, (202) 482–5255.
Jacqueline Arrowsmith, (202) 482–5255.
Commerce’s procedures for the
conduct of Sunset Review are set forth
in 19 CFR 351.218. The Notice of
Initiation of Five-Year (Sunset) Review
provides further information regarding
what is required of all parties to
participate in Sunset Review.
Pursuant to 19 CFR 351.103(c),
Commerce will maintain and make
available a service list for these
proceedings. To facilitate the timely
preparation of the service list(s), it is
requested that those seeking recognition
as interested parties to a proceeding
contact Commerce in writing within 10
days of the publication of the Notice of
Initiation.
Please note that if Commerce receives
a Notice of Intent to Participate from a
member of the domestic industry within
15 days of the date of initiation, the
review will continue.
Thereafter, any interested party
wishing to participate in the Sunset
Review must provide substantive
comments in response to the notice of
initiation no later than 30 days after the
date of initiation. Note that Commerce
has modified certain of its requirements
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for serving documents containing
business proprietary information, until
further notice.1
This notice is not required by statute
but is published as a service to the
international trading community.
Dated: September 18, 2020.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2020–21727 Filed 9–30–20; 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: Final
Negative Scope Ruling on Gujarat
Fluorochemicals Ltd.’s R–410A Blend;
Affirmative Final Determination of
Circumvention of the Antidumping
Duty Order by Indian Blends
Containing Chinese Components
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that imports of
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.
DATES: Applicable October 1, 2020.
FOR FURTHER INFORMATION CONTACT:
Jacob Garten or Benjamin Luberda, AD/
AGENCY:
1 See Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
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Federal Register / Vol. 85, No. 191 / Thursday, October 1, 2020 / Notices
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:
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Background
On April 10, 2020, Commerce
published the Preliminary
Determination 1 of circumvention of the
antidumping duty order on HFC blends
from China with respect to certain HFC
blends containing HFC components
from India and China that are blended
in India prior to importation into the
United States.2 We invited parties to
comment on the Preliminary
Determination. Gujarat Fluorochemicals
Ltd. (GFL), SRF Limited (SRF), and
Kivlan 3 filed case briefs, and the HFC
Coalition (the petitioners) filed a
rebuttal brief.
We notified the U.S. International
Trade Commission (ITC) of our
preliminary determination in
accordance with section 781(e) of the
Tariff Act of 1930, as amended (the
Act).4 We received a request for
consultations from the ITC and held the
consultations on June 11, 2020.5 On July
6, 2020, the ITC notified Commerce that
the ITC did not take a position on
whether an affirmative circumvention
finding for hydrofluorocarbon (HFC)
blends produced in India, in whole or
in part, from HFC components from
China would raise a serious injury
issue.6
1 See 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, 85
FR 20244 (April 10, 2020) (Preliminary
Determination).
2 See Hydrofluorocarbon Blends from the People’s
Republic of China: Antidumping Duty Order, 81 FR
55436
(August 19, 2016) (Order).
3 Kivlan and Company, Inc. and its affiliated
company FluoroFusion Specialty Chemicals Inc.
(collectively, Kivlan).
4 See Commerce’s Letter, ‘‘Hydrofluorocarbon
Blends from the People’s Republic of China:
Preliminary Determination of Circumvention of the
Antidumping Duty Order with Respect to HFC
Blends Imported from India Containing Chinese
Components,’’ dated April 6, 2020.
5 See Memorandum, ‘‘Anti-Circumvention
Inquiries of Antidumping Duty Order on
Hydrofluorocarbon Blends from the People’s
Republic of China—HFC Components & Indian
Blends: Consultations with the United States
International Trade Commission,’’ dated June 12,
2020
6 See ITC Letter, ‘‘Anticircumvention Inquiry of
the Antidumping Duty Order on Hydrofluorocarbon
Blends from the People’s Republic of China, A–
570–028; Third-Country Assembly in India,’’ dated
July 6, 2020.
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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,
may be found in the Issues and Decision
Memorandum.7 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 https://access.trade.gov. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://
enforcement.tade.gov.frn/. The signed
and electronic versions of the Issues and
Decision Memorandum are identical in
content.
Commerce conducted this anticircumvention inquiry in accordance
with section 781(b) of the Act.
Scope of the Order
The products subject to the Order are
HFC blends. HFC blends covered by the
scope are R–404A, a zeotropic mixture
consisting of 52 percent 1,1,1
Trifluoroethane, 44 percent
Pentafluoroethane, and 4 percent
1,1,1,2-Tetrafluoroethane; R–407A, a
zeotropic mixture of 20 percent
Difluoromethane, 40 percent
Pentafluoroethane, and 40 percent
1,1,1,2-Tetrafluoroethane; R–407C, a
zeotropic mixture of 23 percent
Difluoromethane, 25 percent
Pentafluoroethane, and 52 percent
1,1,1,2-Tetrafluoroethane; R–410A, a
zeotropic mixture of 50 percent
Difluoromethane and 50 percent
Pentafluoroethane; and R–507A, an
azeotropic mixture of 50 percent
Pentafluoroethane and 50 percent 1,1,1Trifluoroethane also known as R–507.
The foregoing percentages are nominal
percentages by weight. Actual
percentages of single component
refrigerants by weight may vary by plus
or minus two percent points from the
nominal percentage identified above.8
7 See Memorandum, ‘‘Issues and 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 (Issues and Decision Memorandum).
8 R–404A is sold under various trade names,
including Forane® 404A, Genetron® 404A,
Solkane® 404A, Klea® 404A, and Suva®404A. R–
407A is sold under various trade names, including
Forane® 407A, Solkane® 407A, Klea®407A, and
Suva®407A. R–407C is sold under various trade
names, including Forane® 407C, Genetron® 407C,
Solkane® 407C, Klea® 407C and Suva® 407C. R–
410A is sold under various trade names, including
EcoFluor R410, Forane® 410A, Genetron® R410A
and AZ–20, Solkane® 410A, Klea® 410A, Suva®
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Any blend that includes an HFC
component other than R–32, R–125, R–
143a, or R–134a is excluded from the
scope of the Order.
Excluded from the Order are blends of
refrigerant chemicals that include
products other than HFCs, such as
blends including chlorofluorocarbons
(CFCs), hydrochlorofluorocarbons
(HCFCs), hydrocarbons (HCs), or
hydrofluoroolefins (HFOs).
Also excluded from the Order are
patented HFC blends, including, but not
limited to, ISCEON® blends, including
MO99TM (R–438A), MO79 (R–422A),
MO59 (R–417A), MO49PlusTM (R–437A)
and MO29TM (R–4 22D), Genetron®
PerformaxTM LT (R–407F), Choice® R–
421A, and Choice® R–421B.
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.9
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.10
Final Scope Ruling and Final
Determination
In the Preliminary Determination, we
determined, pursuant to 19 CFR
351.225(k), that, because the scope only
covers HFC blends produced in China
and the R–410A blend produced and
exported by GFL is produced in India,
the R–410A blend produced by GFL is
not covered by the scope of the Order.
We further found that a circumvention
analysis and determination is
warranted. We then determined that
certain HFC blends containing HFC
components from India and China that
are blended in India prior to
importation into the United States
(Indian blends) are circumventing the
410A, and Puron®. R–507A is sold under various
trade names, including Forane® 507, Solkane® 507,
Klea®507, Genetron®AZ–50, and Suva®507. R–32 is
sold under various trade names, including
Solkane®32, Forane®32, and Klea®32. R–125 is sold
under various trade names, including Solkane®125,
Klea®125, Genetron®125, and Forane®125. R–143a
is sold under various trade names, including
Solkane®143a, Genetron®143a, and Forane®125.
9 See Order.
10 Based upon questionnaire responses provided
by the Indian producer/exporters in this inquiry, we
have determined to cover all of the HFC blends
listed under the scope of the Order, as we stated
we may cover in the Notice of Initiation, 84 FR at
28270.
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Order. Specifically, we determined that
imports of Indian blends are finished in
India and sold in the United States
pursuant to the statutory and regulatory
criteria laid out in section 781(b) of the
Act and 19 CFR 351.225(h). We based
our Preliminary Determination upon
record evidence submitted by the
respondents, the petitioners, and U.S.
Customs and Border Protection (CBP).
For a complete discussion of the
evidence which led to our preliminary
determination, see the Preliminary
Determination.
Interested parties submitted
comments regarding our Preliminary
Determination, and we discuss those
comments in the ‘‘Discussion of the
Issues’’ section of the Issues and
Decision Memorandum. Our final
affirmative determination of
circumvention remains unchanged from
the Preliminary Determination.
Accordingly, we determine, pursuant to
section 781(b) of the Act, that imports
of Indian blends are circumventing the
Order. However, we did make certain
changes to the certification
requirements, as set forth in Appendix
II.
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Methodology
Commerce is conducting this anticircumvention inquiry in accordance
with section 781(b) of the Act. Given
that China is a non-market economy,
within the meaning of section 771(18) of
the Act, Commerce calculated the value
of certain merchandise using factors of
production and market economy values,
as discussed in section 773(c) of the Act.
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 final
determination on the facts available
with adverse inferences, as set forth in
the Preliminary Decision Memorandum,
pursuant to sections 776(a) and (b) of
the Act. See the Preliminary Decision
Memorandum for a full description of
the methodology. We have continued to
apply this methodology for our final
determination.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in this inquiry
are addressed in the Issues and Decision
Memorandum. A list of the issues raised
is attached to this notice as Appendix I.
Based on our analysis of the
comments received, we have made no
changes to the findings in the
Preliminary Determination. However,
we did make certain changes to the
certification requirements, as set forth in
Appendix II.
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Final Affirmative Determination of
Circumvention
We determine that exports to the
United States of certain HFC blends
containing HFC components from India
and China that are blended in India
prior to importation into the United
States, as described in the ‘‘Merchandise
Subject to the Anti-Circumvention
Inquiry’’ section, are circumventing the
Order. We therefore find it appropriate
to determine that this merchandise falls
within the Order and to instruct CBP to
continue to suspend liquidation of any
entries of Indian blends.
Continuation of Suspension of
Liquidation
As a result of this determination, and
consistent with 19 CFR 351.225(l)(3), we
intend to direct CBP to continue to
suspend liquidation and to require a
cash deposit of estimated antidumping
duties at the applicable rate on
unliquidated entries of merchandise
subject to this inquiry that are entered,
or withdrawn from warehouse, for
consumption on or after June 18, 2019,
the date of initiation of this anticircumvention inquiry.11 The
suspension of liquidation and cash
deposit instructions will remain in
effect until further notice.
HFC blends R–404A, R–407A, R–
407C, R–410A, and R–507A/R–507
produced in India entirely from nonChinese HFC components are not
subject to this inquiry. Therefore, cash
deposits are not required for such
merchandise. However, imports of such
merchandise are subject to the
certification requirements, and cash
deposits may be required, if the
certification requirements are not
satisfied. Accordingly if an importer
imports HFC blends R–404A, R–407A,
R–407C, R–410A, and R–507A/R–507
produced in India and claims that the
HFC blend was produced entirely from
non-Chinese components, in order not
to be subject to AD requirements, the
importer and exporter are required to
meet the certification and
documentation requirements described
in Appendices II, III, and IV. The party
that made the sale to the United States
should fill out the exporter certification.
In order to prevent evasion,
Commerce will instruct CBP that, in the
situation where the parties have not
maintained the requisite certification
regarding the origin of the HFC
components for an entry, CBP should
11 See Hydrofluorocarbon Blends from the
People’s Republic of China: Initiation of AntiCircumvention Inquiry of Antidumping Duty Order;
Unfinished Blends, 84 FR 28276, 28278 (June 18,
2018).
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suspend the entry and collect cash
deposits at the AD rate established for
the China-wide entity (216.37 percent)
pursuant to the Order.
Further, for this final determination,
we continue to determine that the
following company is not eligible for the
certification process: Coolmate
Refrigerant Pvt. Ltd. Accordingly,
exporters of HFC blends from India
produced and/or exported by this
ineligible company are similarly
ineligible for the certification process
with regard to imports of HFC blends
produced by or sourced from this
company. Additionally, exporters are
not eligible to certify shipments of
merchandise produced by the abovelisted company. Accordingly, CBP shall
suspend the entry and collect cash
deposits for entries of merchandise
produced and/or exported by Coolmate
Refrigerant Pvt. Ltd. at the AD rate
established for the China-wide entity
(216.37 percent), pursuant to the Order.
Notification Regarding Administrative
Protective Order
This notice also serves as a reminder
to parties subject to the 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
We are issuing and publishing this
notice in accordance with section 781(b)
of the Act and 19 CFR 351.225(h).
Dated: September 25, 2020.
Joseph A. Laroski Jr.,
Deputy Assistant Secretary for Policy and
Negotiations.
Appendix I
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Merchandise Subject to the AntiCircumvention Inquiry
IV. Scope of the Order
V. Discussion of the Issues
Comment 1: Whether Commerce’s
Initiation and Preliminary Determination
Were Lawful with Respect to the ITC’s
Negative Injury Determination
Comment 2: Whether to Use Surrogate
Values to Value Chinese-Origin Material
Inputs
Comment 3: Whether the Production
Process in India is Minor or Insignificant
and Whether the Value of Further
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Processing in India Represents a Small
Portion of the Value of U.S. Merchandise
Comment 4: Validity of the 12 Month
Look-Back Provision of the Certification
Requirements
Comment 5: Whether the Final
Determination Should Be Retroactive to
the Date of Initiation
VI. 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 have completed the
required certification no later than 30 days
after the publication of the Preliminary
Determination in the Federal Register.
Accordingly, where appropriate, the relevant
bullet in the certification should 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
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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},
Entry summary 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.) for the later of (1) a period of five years
from the date of entry or (2) a period of three
VerDate Sep<11>2014
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).
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Entry summary line item
No.
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
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61933
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
{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);
• This certification applies to the
following entries:
{Repeat this block as many times as
necessary}
Invoice No.
Invoice line item No.
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
E:\FR\FM\01OCN1.SGM
01OCN1
61934
Federal Register / Vol. 85, No. 191 / Thursday, October 1, 2020 / Notices
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 result 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
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. Section 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};
jbell on DSKJLSW7X2PROD with NOTICES
Producer
Invoice No.
• 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
VerDate Sep<11>2014
22:13 Sep 30, 2020
• 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);
• This certification applies to the
following sales:
{Repeat this block as many times as
necessary}
Jkt 253001
Invoice line item No.
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
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. Section 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. 2020–21730 Filed 9–30–20; 8:45 am]
BILLING CODE 3510–DS–P
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA506]
South Atlantic Fishery Management
Council; Public Meetings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of a public meeting.
AGENCY:
The South Atlantic Fishery
Management Council (Council) will
hold a meeting of its Habitat Protection
and Ecosystem-Based Management
Advisory Panel (Habitat AP).
DATES: The Habitat AP meet on
Wednesday via webinar on October 21,
2020, from 9 a.m. to 12 noon and from
1 p.m. to 4 p.m.; and Thursday, October
22, 2020, from 9 a.m. to 12 noon.
ADDRESSES:
Meeting address: The meeting will be
held via webinar.
Council address: South Atlantic
Fishery Management Council, 4055
Faber Place Drive, Suite 201, N
Charleston, SC 29405.
FOR FURTHER INFORMATION CONTACT: Kim
Iverson, Public Information Officer,
SAFMC; phone: (843) 571–4366 or toll
free: (866) SAFMC–10; fax: (843) 769–
4520; email: kim.iverson@safmc.net.
SUMMARY:
E:\FR\FM\01OCN1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 191 (Thursday, October 1, 2020)]
[Notices]
[Pages 61930-61934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21730]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-028]
Hydrofluorocarbon Blends From the People's Republic of China:
Final Negative Scope Ruling on Gujarat Fluorochemicals Ltd.'s R-410A
Blend; Affirmative Final Determination of Circumvention of the
Antidumping Duty Order by Indian Blends Containing Chinese Components
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that imports
of 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.
DATES: Applicable October 1, 2020.
FOR FURTHER INFORMATION CONTACT: Jacob Garten or Benjamin Luberda, AD/
[[Page 61931]]
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 April 10, 2020, Commerce published the Preliminary Determination
\1\ of circumvention of the antidumping duty order on HFC blends from
China with respect to certain HFC blends containing HFC components from
India and China that are blended in India prior to importation into the
United States.\2\ We invited parties to comment on the Preliminary
Determination. Gujarat Fluorochemicals Ltd. (GFL), SRF Limited (SRF),
and Kivlan \3\ filed case briefs, and the HFC Coalition (the
petitioners) filed a rebuttal brief.
---------------------------------------------------------------------------
\1\ See 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, 85 FR 20244 (April 10, 2020) (Preliminary
Determination).
\2\ See Hydrofluorocarbon Blends from the People's Republic of
China: Antidumping Duty Order, 81 FR 55436
(August 19, 2016) (Order).
\3\ Kivlan and Company, Inc. and its affiliated company
FluoroFusion Specialty Chemicals Inc. (collectively, Kivlan).
---------------------------------------------------------------------------
We notified the U.S. International Trade Commission (ITC) of our
preliminary determination in accordance with section 781(e) of the
Tariff Act of 1930, as amended (the Act).\4\ We received a request for
consultations from the ITC and held the consultations on June 11,
2020.\5\ On July 6, 2020, the ITC notified Commerce that the ITC did
not take a position on whether an affirmative circumvention finding for
hydrofluorocarbon (HFC) blends produced in India, in whole or in part,
from HFC components from China would raise a serious injury issue.\6\
---------------------------------------------------------------------------
\4\ See Commerce's Letter, ``Hydrofluorocarbon Blends from the
People's Republic of China: Preliminary Determination of
Circumvention of the Antidumping Duty Order with Respect to HFC
Blends Imported from India Containing Chinese Components,'' dated
April 6, 2020.
\5\ See Memorandum, ``Anti-Circumvention Inquiries of
Antidumping Duty Order on Hydrofluorocarbon Blends from the People's
Republic of China--HFC Components & Indian Blends: Consultations
with the United States International Trade Commission,'' dated June
12, 2020
\6\ See ITC Letter, ``Anticircumvention Inquiry of the
Antidumping Duty Order on Hydrofluorocarbon Blends from the People's
Republic of China, A-570-028; Third-Country Assembly in India,''
dated July 6, 2020.
---------------------------------------------------------------------------
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, may be found in the
Issues and Decision Memorandum.\7\ 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
https://access.trade.gov. In addition, a complete version of the Issues
and Decision Memorandum can be accessed directly at https://enforcement.tade.gov.frn/. The signed and electronic versions of the
Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\7\ See Memorandum, ``Issues and 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 (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Commerce conducted this anti-circumvention inquiry in accordance
with section 781(b) of the Act.
Scope of the Order
The products subject to the Order are HFC blends. HFC blends
covered by the scope are R-404A, a zeotropic mixture consisting of 52
percent 1,1,1 Trifluoroethane, 44 percent Pentafluoroethane, and 4
percent 1,1,1,2-Tetrafluoroethane; R-407A, a zeotropic mixture of 20
percent Difluoromethane, 40 percent Pentafluoroethane, and 40 percent
1,1,1,2-Tetrafluoroethane; R-407C, a zeotropic mixture of 23 percent
Difluoromethane, 25 percent Pentafluoroethane, and 52 percent 1,1,1,2-
Tetrafluoroethane; R-410A, a zeotropic mixture of 50 percent
Difluoromethane and 50 percent Pentafluoroethane; and R-507A, an
azeotropic mixture of 50 percent Pentafluoroethane and 50 percent
1,1,1-Trifluoroethane also known as R-507. The foregoing percentages
are nominal percentages by weight. Actual percentages of single
component refrigerants by weight may vary by plus or minus two percent
points from the nominal percentage identified above.\8\
---------------------------------------------------------------------------
\8\ R-404A is sold under various trade names, including
Forane[supreg] 404A, Genetron[supreg] 404A, Solkane[supreg] 404A,
Klea[supreg] 404A, and Suva[supreg]404A. R-407A is sold under
various trade names, including Forane[supreg] 407A, Solkane[supreg]
407A, Klea[supreg]407A, and Suva[supreg]407A. R-407C is sold under
various trade names, including Forane[supreg] 407C, Genetron[supreg]
407C, Solkane[supreg] 407C, Klea[supreg] 407C and Suva[supreg] 407C.
R-410A is sold under various trade names, including EcoFluor R410,
Forane[supreg] 410A, Genetron[supreg] R410A and AZ-20,
Solkane[supreg] 410A, Klea[supreg] 410A, Suva[supreg] 410A, and
Puron[supreg]. R-507A is sold under various trade names, including
Forane[supreg] 507, Solkane[supreg] 507, Klea[supreg]507,
Genetron[supreg]AZ-50, and Suva[supreg]507. R-32 is sold under
various trade names, including Solkane[supreg]32, Forane[supreg]32,
and Klea[supreg]32. R-125 is sold under various trade names,
including Solkane[supreg]125, Klea[supreg]125, Genetron[supreg]125,
and Forane[supreg]125. R-143a is sold under various trade names,
including Solkane[supreg]143a, Genetron[supreg]143a, and
Forane[supreg]125.
---------------------------------------------------------------------------
Any blend that includes an HFC component other than R-32, R-125, R-
143a, or R-134a is excluded from the scope of the Order.
Excluded from the Order are blends of refrigerant chemicals that
include products other than HFCs, such as blends including
chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs),
hydrocarbons (HCs), or hydrofluoroolefins (HFOs).
Also excluded from the Order are patented HFC blends, including,
but not limited to, ISCEON[supreg] blends, including MO99TM
(R-438A), MO79 (R-422A), MO59 (R-417A), MO49PlusTM (R-437A)
and MO29TM (R-4 22D), Genetron[supreg]
PerformaxTM LT (R-407F), Choice[supreg] R-421A, and
Choice[supreg] R-421B.
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.\9\
---------------------------------------------------------------------------
\9\ See Order.
---------------------------------------------------------------------------
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.\10\
---------------------------------------------------------------------------
\10\ Based upon questionnaire responses provided by the Indian
producer/exporters in this inquiry, we have determined to cover all
of the HFC blends listed under the scope of the Order, as we stated
we may cover in the Notice of Initiation, 84 FR at 28270.
---------------------------------------------------------------------------
Final Scope Ruling and Final Determination
In the Preliminary Determination, we determined, pursuant to 19 CFR
351.225(k), that, because the scope only covers HFC blends produced in
China and the R-410A blend produced and exported by GFL is produced in
India, the R-410A blend produced by GFL is not covered by the scope of
the Order. We further found that a circumvention analysis and
determination is warranted. We then determined that certain HFC blends
containing HFC components from India and China that are blended in
India prior to importation into the United States (Indian blends) are
circumventing the
[[Page 61932]]
Order. Specifically, we determined that imports of Indian blends are
finished in India and sold in the United States pursuant to the
statutory and regulatory criteria laid out in section 781(b) of the Act
and 19 CFR 351.225(h). We based our Preliminary Determination upon
record evidence submitted by the respondents, the petitioners, and U.S.
Customs and Border Protection (CBP). For a complete discussion of the
evidence which led to our preliminary determination, see the
Preliminary Determination.
Interested parties submitted comments regarding our Preliminary
Determination, and we discuss those comments in the ``Discussion of the
Issues'' section of the Issues and Decision Memorandum. Our final
affirmative determination of circumvention remains unchanged from the
Preliminary Determination. Accordingly, we determine, pursuant to
section 781(b) of the Act, that imports of Indian blends are
circumventing the Order. However, we did make certain changes to the
certification requirements, as set forth in Appendix II.
Methodology
Commerce is conducting this anti-circumvention inquiry in
accordance with section 781(b) of the Act. Given that China is a non-
market economy, within the meaning of section 771(18) of the Act,
Commerce calculated the value of certain merchandise using factors of
production and market economy values, as discussed in section 773(c) of
the Act. 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 final
determination on the facts available with adverse inferences, as set
forth in the Preliminary Decision Memorandum, pursuant to sections
776(a) and (b) of the Act. See the Preliminary Decision Memorandum for
a full description of the methodology. We have continued to apply this
methodology for our final determination.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this inquiry are addressed in the Issues and Decision Memorandum. A
list of the issues raised is attached to this notice as Appendix I.
Based on our analysis of the comments received, we have made no
changes to the findings in the Preliminary Determination. However, we
did make certain changes to the certification requirements, as set
forth in Appendix II.
Final Affirmative Determination of Circumvention
We determine that exports to the United States of certain HFC
blends containing HFC components from India and China that are blended
in India prior to importation into the United States, as described in
the ``Merchandise Subject to the Anti-Circumvention Inquiry'' section,
are circumventing the Order. We therefore find it appropriate to
determine that this merchandise falls within the Order and to instruct
CBP to continue to suspend liquidation of any entries of Indian blends.
Continuation of Suspension of Liquidation
As a result of this determination, and consistent with 19 CFR
351.225(l)(3), we intend to direct CBP to continue to suspend
liquidation and to require a cash deposit of estimated antidumping
duties at the applicable rate on unliquidated entries of merchandise
subject to this inquiry that are entered, or withdrawn from warehouse,
for consumption on or after June 18, 2019, the date of initiation of
this anti-circumvention inquiry.\11\ The suspension of liquidation and
cash deposit instructions will remain in effect until further notice.
---------------------------------------------------------------------------
\11\ See Hydrofluorocarbon Blends from the People's Republic of
China: Initiation of Anti-Circumvention Inquiry of Antidumping Duty
Order; Unfinished Blends, 84 FR 28276, 28278 (June 18, 2018).
---------------------------------------------------------------------------
HFC blends R-404A, R-407A, R-407C, R-410A, and R-507A/R-507
produced in India entirely from non-Chinese HFC components are not
subject to this inquiry. Therefore, cash deposits are not required for
such merchandise. However, imports of such merchandise are subject to
the certification requirements, and cash deposits may be required, if
the certification requirements are not satisfied. Accordingly if an
importer imports HFC blends R-404A, R-407A, R-407C, R-410A, and R-507A/
R-507 produced in India and claims that the HFC blend was produced
entirely from non-Chinese components, in order not to be subject to AD
requirements, the importer and exporter are required to meet the
certification and documentation requirements described in Appendices
II, III, and IV. The party that made the sale to the United States
should fill out the exporter certification.
In order to prevent evasion, Commerce will instruct CBP that, in
the situation where the parties have not maintained the requisite
certification regarding the origin of the HFC components for an entry,
CBP should suspend the entry and collect cash deposits at the AD rate
established for the China-wide entity (216.37 percent) pursuant to the
Order.
Further, for this final determination, we continue to determine
that the following company is not eligible for the certification
process: Coolmate Refrigerant Pvt. Ltd. Accordingly, exporters of HFC
blends from India produced and/or exported by this ineligible company
are similarly ineligible for the certification process with regard to
imports of HFC blends produced by or sourced from this company.
Additionally, exporters are not eligible to certify shipments of
merchandise produced by the above-listed company. Accordingly, CBP
shall suspend the entry and collect cash deposits for entries of
merchandise produced and/or exported by Coolmate Refrigerant Pvt. Ltd.
at the AD rate established for the China-wide entity (216.37 percent),
pursuant to the Order.
Notification Regarding Administrative Protective Order
This notice also serves as a reminder to parties subject to the
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
We are issuing and publishing this notice in accordance with
section 781(b) of the Act and 19 CFR 351.225(h).
Dated: September 25, 2020.
Joseph A. Laroski Jr.,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Merchandise Subject to the Anti-Circumvention Inquiry
IV. Scope of the Order
V. Discussion of the Issues
Comment 1: Whether Commerce's Initiation and Preliminary
Determination Were Lawful with Respect to the ITC's Negative Injury
Determination
Comment 2: Whether to Use Surrogate Values to Value Chinese-
Origin Material Inputs
Comment 3: Whether the Production Process in India is Minor or
Insignificant and Whether the Value of Further
[[Page 61933]]
Processing in India Represents a Small Portion of the Value of U.S.
Merchandise
Comment 4: Validity of the 12 Month Look-Back Provision of the
Certification Requirements
Comment 5: Whether the Final Determination Should Be Retroactive
to the Date of Initiation
VI. 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 have completed the required certification no later
than 30 days after the publication of the Preliminary Determination
in the Federal Register. Accordingly, where appropriate, the
relevant bullet in the certification should 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).
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 {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);
This certification applies to the following entries:
{Repeat this block as many times as necessary{time}
----------------------------------------------------------------------------------------------------------------
Entry summary line Invoice line item
Producer Entry summary No. item No. Invoice No. 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.) 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
[[Page 61934]]
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 result 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. Section 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);
This certification applies to the following sales:
{Repeat this block as many times as necessary{time}
------------------------------------------------------------------------
Invoice line item
Producer Invoice No. 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 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. Section 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. 2020-21730 Filed 9-30-20; 8:45 am]
BILLING CODE 3510-DS-P
