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]

Download as PDF 61930 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 VerDate Sep<11>2014 22:13 Sep 30, 2020 Jkt 253001 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). PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\01OCN1.SGM 01OCN1 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: jbell on DSKJLSW7X2PROD with NOTICES 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. VerDate Sep<11>2014 22:13 Sep 30, 2020 Jkt 253001 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® PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 61931 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. E:\FR\FM\01OCN1.SGM 01OCN1 61932 Federal Register / Vol. 85, No. 191 / Thursday, October 1, 2020 / Notices 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. jbell on DSKJLSW7X2PROD with NOTICES 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. VerDate Sep<11>2014 22:13 Sep 30, 2020 Jkt 253001 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). PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 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 E:\FR\FM\01OCN1.SGM 01OCN1 Federal Register / Vol. 85, No. 191 / Thursday, October 1, 2020 / Notices 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 jbell on DSKJLSW7X2PROD with NOTICES Producer 22:13 Sep 30, 2020 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). Jkt 253001 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 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 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 01OCN1

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]


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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
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