Antidumping Duty Order on Hydrofluorocarbon Blends From the People's Republic of China: Preliminary Affirmative Determination of Circumvention With Respect to R-410A and R-407C From Malaysia, 85876-85878 [2023-27129]
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85876
Federal Register / Vol. 88, No. 236 / Monday, December 11, 2023 / Notices
(iii) the seller/exporter no longer being
allowed to participate in the certification
process.
K. I understand that agents of the seller/
exporter, such as freight forwarding
companies or brokers, are not permitted to
make this certification.
L. This certification was completed and
signed, and a copy of the certification was
provided to the importer, on, or prior to, the
date of shipment if the shipment date is more
than 14 days after the date of publication of
the notice of Commerce’s preliminary
determination of circumvention in the
Federal Register. If the shipment date is on
or before the 14th day after the date of
publication of the notice of Commerce’s
preliminary determination of circumvention
in the Federal Register, this certification was
completed and signed, and a copy of the
certification was provided to the importer, by
no later than 45 days after publication of the
notice of Commerce’s preliminary
determination of circumvention in the
Federal Register; and
M. I am aware that U.S. law (including, but
not limited to, 18 U.S.C. 1001) imposes
criminal sanctions on individuals who
knowingly and willfully make material false
statements to the U.S. government.
Signature
{NAME OF COMPANY OFFICIAL}
{TITLE OF COMPANY OFFICIAL }
{DATE}
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–028]
Antidumping Duty Order on
Hydrofluorocarbon Blends From the
People’s Republic of China:
Preliminary Affirmative Determination
of Circumvention With Respect to R–
410A and R–407C From Malaysia
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that imports of R–410A and
R–407C, completed in Malaysia using
the People’s Republic of China (China)origin components, and exported from
Malaysia, as specified below, are
circumventing the antidumping duty
(AD) order on hydrofluorocarbon blends
(HFC blends) from China.
DATES: Applicable December 11, 2023.
FOR FURTHER INFORMATION CONTACT: Jerry
Xiao, AD/CVD Operations, Office II,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2273.
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Background
On August 19, 2016, Commerce
published in the Federal Register the
AD order on HFC blends from China.1
On July 7, 2023, Commerce initiated a
country-wide circumvention inquiry to
determine whether imports of R–410A
and R–407C, completed in Malaysia
using HFC components, R–32
(difluoromethane), R–125
(pentafluoroethane), and R–134a (1,1,1,2
tetrafluoroethane) (collectively, Chinaorigin components) manufactured in
China, are circumventing the Order and,
accordingly, should be covered by the
scope of the Order.2 The sole
respondent in this circumvention
inquiry is Juara Teguh Resources PLT
(Juara) 3 For a complete description of
the events that followed the initiation of
this circumvention inquiry, see the
Preliminary Decision Memorandum.4
Scope of the Order
The merchandise covered by the
Order is certain HFC blends. For a
complete description of the scope of the
Order, see the Preliminary Decision
Memorandum.5
Merchandise Subject to the
Circumvention Inquiries
This circumvention inquiry covers R–
410A and R–407C, completed in
Malaysia using China-origin HFC
components and subsequently exported
from Malaysia to the United States.
[FR Doc. 2023–27130 Filed 12–8–23; 8:45 am]
AGENCY:
SUPPLEMENTARY INFORMATION:
Methodology
Commerce is conducting this
circumvention inquiry in accordance
with section 781(b) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.226. For a complete description of
the methodology underlying this
circumvention inquiry, see the
Preliminary Decision Memorandum. A
list of topics discussed in the
Preliminary Decision Memorandum is
1 See Hydrofluorocarbon Blends from the People’s
Republic of China: Antidumping Duty Order, 81 FR
55436 (August 19, 2016) (Order).
2 See Hydrofluorocarbon Blends from the People’s
Republic of China: Initiation of Circumvention
Inquiries on the Antidumping Duty Order, 88 FR
43275 (July 7, 2023) (Initiation Notice).
3 See Memorandum, ‘‘Respondent Selection,’’
dated August 14; see also Commerce’s Letter,
‘‘Custom Blends from Malaysia Initial
Questionnaire,’’ dated August 23, 2023 (Initial
Questionnaire).
4 See Memorandum, ‘‘Hydrofluorocarbon Blends
from the People’s Republic of China: Preliminary
Decision Memorandum for the Circumvention
Inquiry of the Antidumping Duty Order with
Respect to Imports of R–410A and R–407C from
Malaysia,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
5 Id. at 2–3.
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included in the appendix to this notice.
The Preliminary Decision Memorandum
is a public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Preliminary Circumvention
Determination
As detailed in the Preliminary
Decision Memorandum, and based on
the ‘‘Use of Adverse Facts Available
(AFA)’’ section, Commerce
preliminarily determines that R–410A
and R–407C completed in Malaysia
using HFC components from China, that
are subsequently exported from
Malaysia to the United States, are
circumventing the Order on a countrywide basis. As a result, in accordance
with section 781(b) of the Act, we
preliminarily determine that the inquiry
merchandise should be included within
the scope of the Order. See the
‘‘Suspension of Liquidation and Cash
Deposit Requirements’’ section below
for details regarding suspension of
liquidation and cash deposit
requirements. See the ‘‘Certified
Entries’’ section below for details
regarding Commerce’s preliminary
decision concerning certifications for
inquiry merchandise exported from
Malaysia.
Use of AFA
Pursuant to section 776(a) of the Act,
if the necessary information is not
available on the record, or an interested
party withholds requested information,
fails to provide requested information
by the deadline or in the form and
manner requested, or significantly
impedes a proceeding, Commerce shall
use the facts otherwise available in
reaching the applicable determination.
Moreover, pursuant to section 776(b) of
the Act, Commerce may use inferences
adverse to the interests of an interested
party in selecting from among the facts
otherwise available if the party fails to
cooperate by not acting to the best of its
ability to provide requested information.
We requested information from Juara.
In the Initial Questionnaire, Commerce
explained that, if the company to which
Commerce issued the questionnaire fails
to respond to the questionnaire, or fails
to provide the requested information,
Commerce may find that the company
failed to cooperate by not acting to the
best of its ability to comply with the
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Federal Register / Vol. 88, No. 236 / Monday, December 11, 2023 / Notices
request for information, and may use an
inference that is adverse to the
company’s interests in selecting from
the facts otherwise available.6 Juara
received, but failed to respond to,
Commerce’s questionnaire.7
Therefore, we preliminarily find that
Juara failed to provide requested
information by the deadline or in the
form and manner requested, and
significantly impeded this inquiry.
Moreover, we find that Juara failed to
cooperate to the best of its ability to
provide the requested information
because it did not provide a response to
Commerce’s initial questionnaire.
Consequently, we used adverse
inferences with respect to Juara in
selecting from among the facts
otherwise available on the record,
pursuant to sections 776(a) and (b) of
the Act. For details regarding the AFA
used in this preliminary determination,
see the Preliminary Decision
Memorandum.
As detailed in the Preliminary
Decision Memorandum, based on AFA,
we preliminarily determine that Juara
exported inquiry merchandise and that
U.S. entries of that merchandise are
circumventing the Order.
lotter on DSK11XQN23PROD with NOTICES1
Suspension of Liquidation and Cash
Deposit Requirements
Based on the preliminary affirmative
country-wide determination of
circumvention for Malaysia in
accordance with 19 CFR 351.226(l)(2),
we will direct U.S. Customs and Border
Protection (CBP) to suspend liquidation
and require a cash deposit of estimated
duties on unliquidated entries of R–
410A and R0407C, completed in
Malaysia using China-origin
components, that were entered, or
withdrawn from warehouse, for
consumption on or after July 7, 2023,
the date of publication of the initiation
of this circumvention inquiry in the
Federal Register.8 CBP shall require
cash deposits in accordance with the
rate established for the China-wide
entity, i.e., 216.37 percent,9 for entries
of such merchandise produced in
Malaysia.
Commerce has established the
following third-country case number for
Malaysia in the Automated Commercial
Environment (ACE) for such entries: A–
557–300–000. For Juara, Commerce will
direct CBP, for all entries of R–410A or
R–407C from Malaysia produced or
exported by Juara, to suspend
6 See
Initial Questionnaire at 3.
Memorandum, ‘‘Delivery Confirmation,’’
dated September 1, 2023.
8 See Initiation Notice, 88 FR at 43275.
9 See Order, 81 FR at 55438.
7 See
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17:35 Dec 08, 2023
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liquidation and require a cash deposit at
the rate established for the China-wide
entity, i.e., 216.37 percent, under this
third country case number.
R–410A and R–407C produced in
Malaysia that is not from China-origin
HFC blends is not subject to this
inquiry. Therefore, cash deposits are not
required for such merchandise under
the Order. These suspension of
liquidation instructions will remain in
effect until further notice.
Certified Entries
At this time, Commerce has not
included a certification requirement. We
invite interested parties to comment on
this matter.
Public Comment
Interested parties may submit case
briefs to Commerce no later than 14
days after the date of publication of this
notice.10 Rebuttal briefs, limited to
issues raised in the case briefs, may be
filed no later than five days after the
date for filing case briefs.11 Interested
parties who submit case briefs or
rebuttal briefs in these proceedings must
submit: (1) a statement of the issue; (2)
a brief summary of the argument; and
(3) a table of authorities.12
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
interested parties to provide an
executive summary of their brief that
should be limited to five pages total,
including footnotes. In these
circumvention inquiries, we instead
request that interested parties provide at
the beginning of their briefs a public,
executive summary for each issue raised
in their briefs.13 Further, we request that
interested parties limit their executive
summary of each issue to no more than
450 words, not including citations. We
intend to use the executive summaries
as the basis of the comment summaries
included in the issues and decision
memorandum that will accompany the
final determination in this
circumvention inquiry. We request that
interested parties include footnotes for
relevant citations in the executive
summary of each issue. Note that
Commerce has amended certain of its
10 Commerce is exercising its discretion, under 19
CFR 351.309(C)(1)(ii), to alter the time limit for
filing case briefs.
11 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023).
12 See 19 CFR 351.309(c)(2)(d)(2).
13 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
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85877
requirements pertaining to the service of
documents in 19 CFR 351.303(f).14
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice in the
Federal Register. Requests should
contain: (1) the requesting party’s name,
address, and telephone number; (2) the
number of individuals from the
requesting party that will attend the
hearing and whether any of those
individuals is a foreign national; and (3)
a list of the issues that the party intends
to discuss at the hearing. If a request for
a hearing is made, Commerce intends to
hold the hearing at a time and date to
be determined. Parties should confirm
by telephone the date, time, and
location of the hearing two days before
the scheduled date of the hearing.
U.S. International Trade Commission
Notification
Consistent with section 781(e) of the
Act, Commerce will notify the U.S.
International Trade Commission (ITC) of
this preliminary determination to
include the merchandise subject to this
circumvention inquiry within the Order.
Pursuant to section 781(e) of the Act,
the ITC may request consultations
concerning Commerce’s proposed
inclusion of the inquiry merchandise. If,
after consultations, the ITC believes that
a significant injury issue is presented by
the proposed inclusion, it will have 60
days from the date of notification by
Commerce to provide written advice.
Notification to Interested Parties
Commerce is issuing and publishing
this determination in accordance with
section 781(b) of the Act and 19 CFR
351.226(g)(1).
Dated: December 4, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Merchandise Subject to the
Circumvention Inquiry
V. Period of the Circumvention Inquiry
VI. Application of Facts Available and Use of
14 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings; Final Rule, 88 FR
67069 (September 29, 2023).
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Federal Register / Vol. 88, No. 236 / Monday, December 11, 2023 / Notices
Adverse Inferences
VII. Statutory and Regulatory Framework for
the Circumvention Inquiry
VIII. Analysis of Statutory Criteria for the
Circumvention Inquiry
IX. Summary of Statutory Analysis
X. Country-Wide Affirmative Determination
of Circumvention
XI. Recommendation
[FR Doc. 2023–27129 Filed 12–8–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–523–808]
Certain Steel Nails From the Sultanate
of Oman: Final Results of Antidumping
Duty Administrative Review; 2021–
2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines
Oman Fasteners, LLC (Oman Fasteners),
the sole producer and exporter subject
to this administrative review, made
sales of certain steel nails (steel nails)
from the Sultanate of Oman (Oman) in
the United States at prices below normal
value (NV) during the period of review
(POR), July 1, 2021, through June 30,
2022.
AGENCY:
DATES:
Applicable December 11, 2023.
FOR FURTHER INFORMATION CONTACT:
Dakota Potts, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0223.
SUPPLEMENTARY INFORMATION:
Background
On August 7, 2023, Commerce
published the Preliminary Results of
this administrative review and we
invited interested parties to comment.1
A summary of the events that occurred
since Commerce published the
Preliminary Results, as well as a full
discussion of the issues raised by parties
for these final results, are discussed in
the Issues and Decision Memorandum.2
Preliminary Results and our review of
the record, we made changes to the
preliminary weighted-average dumping
margin calculations for Oman Fasteners,
as detailed in the Issues and Decision
Memorandum.4
Rate for Non-Examined Companies
The Tariff Act of 1930, as amended
(the Act), and Commerce’s regulations
do not address the establishment of a
rate to be applied to companies not
selected for individual examination
when Commerce limits its examination
in an administrative review pursuant to
section 777A(c)(2) of the Act. Generally,
Scope of the Order 3
when calculating margins for nonselected respondents, Commerce looks
The product covered by this Order is
to section 735(c)(5) of the Act for
steel nails from Oman. For a complete
guidance, which provides instructions
description of the scope of the Order,
for calculating the all-others rate in an
see the Issues and Decision
investigation, for guidance when
Memorandum.
calculating the rate for companies
Analysis of Comments Received
which we did not examine in an
administrative review. When the rates
All issues raised in the parties’ case
for individually examined companies
and rebuttal briefs are addressed in the
are all zero, de minimis, or based
Issues and Decision Memorandum and
are listed in the appendix to this notice. entirely on facts available, section
735(c)(5)(B) of the Act provides that
The Issues and Decision Memorandum
Commerce may use ‘‘any reasonable
is a public document and is on-file
method’’ to establish the all-others rate.
electronically via Enforcement and
We calculated a dumping margin of 0.00
Compliance’s Antidumping and
percent for the sole mandatory
Countervailing Duty Centralized
respondent, Oman Fasteners, LLC.
Electronic Service System (ACCESS).
Therefore, we assigned the companies
ACCESS is available to registered users
at https://access.trade.gov. In addition, a not selected for examination a margin of
0.00 percent, the sole margin calculated
complete version of the Issues and
Decision Memorandum can be accessed in this proceeding.5
directly at https://access.trade.gov/
Final Results of Review
public/FRNoticesListLayout.aspx.
As a result of this review, we
Changes Since the Preliminary Results
determine the following estimated
Based on comments received from
weighted-average dumping margins
interested parties regarding our
exist for the POR:
Weighted-average
dumping margin
(percent)
Exporter or producer
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Oman Fasteners, LLC .................................................................................................................................................................
Al Ansari Teqmark, LLC ..............................................................................................................................................................
Al Kiyumi Global LLC ..................................................................................................................................................................
Al Sarah Building Materials LLC .................................................................................................................................................
Buraimi Iron & Steel, LLC ............................................................................................................................................................
CL Synergy (Pvt) Ltd ...................................................................................................................................................................
Diamond Foil Trading LLC ..........................................................................................................................................................
Gulf Nails Manufacturing, LLC ....................................................................................................................................................
Gulf Steel Manufacturers, LLC ....................................................................................................................................................
Muscat Industrial Company, LLC ................................................................................................................................................
Muscat Nails Factory Golden Asset Trade, LLC .........................................................................................................................
Omega Global Uluslararasi Tasimacilik Lojistik Ticaret Ltd. Sti .................................................................................................
1 See Certain Steel Nails from the Sultanate of
Oman: Preliminary Results of Antidumping Duty
Administrative Review and Preliminary
Determination of No Shipments; 2021–2022, 88 FR
52120 (August 7, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum
(PDM).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2021–
2022 Administrative Review of the Antidumping
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17:35 Dec 08, 2023
Jkt 262001
Duty Order on Certain Steel Nails from the
Sultanate of Oman,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
3 See Certain Steel Nails from the Republic of
Korea, Malaysia, the Sultanate of Oman, Taiwan,
and the Socialist Republic of Vietnam:
Antidumping Duty Orders, 80 FR 39994 (July 13,
2015) (Order).
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0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
4 See Issues and Decision Memorandum at
Comment 2.
5 See Albemarle Corp. & Subsidiaries v. United
States, 821 F.3d 1345, 1353 (Fed. Cir. 2016); see
also Certain Hot Rolled Steel Flat Products from
Japan: Final Results of Antidumping Duty
Administrative Review and Final Determination of
No Shipments; 2017–2018, 85 FR 57821 (September
16, 2020).
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]]>Agencies
[Federal Register Volume 88, Number 236 (Monday, December 11, 2023)]
[Notices]
[Pages 85876-85878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27129]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-028]
Antidumping Duty Order on Hydrofluorocarbon Blends From the
People's Republic of China: Preliminary Affirmative Determination of
Circumvention With Respect to R-410A and R-407C From Malaysia
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that imports of R-410A and R-407C, completed in Malaysia
using the People's Republic of China (China)-origin components, and
exported from Malaysia, as specified below, are circumventing the
antidumping duty (AD) order on hydrofluorocarbon blends (HFC blends)
from China.
DATES: Applicable December 11, 2023.
FOR FURTHER INFORMATION CONTACT: Jerry Xiao, AD/CVD Operations, Office
II, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-2273.
SUPPLEMENTARY INFORMATION:
Background
On August 19, 2016, Commerce published in the Federal Register the
AD order on HFC blends from China.\1\ On July 7, 2023, Commerce
initiated a country-wide circumvention inquiry to determine whether
imports of R-410A and R-407C, completed in Malaysia using HFC
components, R-32 (difluoromethane), R-125 (pentafluoroethane), and R-
134a (1,1,1,2 tetrafluoroethane) (collectively, China-origin
components) manufactured in China, are circumventing the Order and,
accordingly, should be covered by the scope of the Order.\2\ The sole
respondent in this circumvention inquiry is Juara Teguh Resources PLT
(Juara) \3\ For a complete description of the events that followed the
initiation of this circumvention inquiry, see the Preliminary Decision
Memorandum.\4\
---------------------------------------------------------------------------
\1\ See Hydrofluorocarbon Blends from the People's Republic of
China: Antidumping Duty Order, 81 FR 55436 (August 19, 2016)
(Order).
\2\ See Hydrofluorocarbon Blends from the People's Republic of
China: Initiation of Circumvention Inquiries on the Antidumping Duty
Order, 88 FR 43275 (July 7, 2023) (Initiation Notice).
\3\ See Memorandum, ``Respondent Selection,'' dated August 14;
see also Commerce's Letter, ``Custom Blends from Malaysia Initial
Questionnaire,'' dated August 23, 2023 (Initial Questionnaire).
\4\ See Memorandum, ``Hydrofluorocarbon Blends from the People's
Republic of China: Preliminary Decision Memorandum for the
Circumvention Inquiry of the Antidumping Duty Order with Respect to
Imports of R-410A and R-407C from Malaysia,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the Order is certain HFC blends. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.\5\
---------------------------------------------------------------------------
\5\ Id. at 2-3.
---------------------------------------------------------------------------
Merchandise Subject to the Circumvention Inquiries
This circumvention inquiry covers R-410A and R-407C, completed in
Malaysia using China-origin HFC components and subsequently exported
from Malaysia to the United States.
Methodology
Commerce is conducting this circumvention inquiry in accordance
with section 781(b) of the Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.226. For a complete description of the methodology
underlying this circumvention inquiry, see the Preliminary Decision
Memorandum. A list of topics discussed in the Preliminary Decision
Memorandum is included in the appendix to this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Preliminary Circumvention Determination
As detailed in the Preliminary Decision Memorandum, and based on
the ``Use of Adverse Facts Available (AFA)'' section, Commerce
preliminarily determines that R-410A and R-407C completed in Malaysia
using HFC components from China, that are subsequently exported from
Malaysia to the United States, are circumventing the Order on a
country-wide basis. As a result, in accordance with section 781(b) of
the Act, we preliminarily determine that the inquiry merchandise should
be included within the scope of the Order. See the ``Suspension of
Liquidation and Cash Deposit Requirements'' section below for details
regarding suspension of liquidation and cash deposit requirements. See
the ``Certified Entries'' section below for details regarding
Commerce's preliminary decision concerning certifications for inquiry
merchandise exported from Malaysia.
Use of AFA
Pursuant to section 776(a) of the Act, if the necessary information
is not available on the record, or an interested party withholds
requested information, fails to provide requested information by the
deadline or in the form and manner requested, or significantly impedes
a proceeding, Commerce shall use the facts otherwise available in
reaching the applicable determination. Moreover, pursuant to section
776(b) of the Act, Commerce may use inferences adverse to the interests
of an interested party in selecting from among the facts otherwise
available if the party fails to cooperate by not acting to the best of
its ability to provide requested information.
We requested information from Juara. In the Initial Questionnaire,
Commerce explained that, if the company to which Commerce issued the
questionnaire fails to respond to the questionnaire, or fails to
provide the requested information, Commerce may find that the company
failed to cooperate by not acting to the best of its ability to comply
with the
[[Page 85877]]
request for information, and may use an inference that is adverse to
the company's interests in selecting from the facts otherwise
available.\6\ Juara received, but failed to respond to, Commerce's
questionnaire.\7\
---------------------------------------------------------------------------
\6\ See Initial Questionnaire at 3.
\7\ See Memorandum, ``Delivery Confirmation,'' dated September
1, 2023.
---------------------------------------------------------------------------
Therefore, we preliminarily find that Juara failed to provide
requested information by the deadline or in the form and manner
requested, and significantly impeded this inquiry. Moreover, we find
that Juara failed to cooperate to the best of its ability to provide
the requested information because it did not provide a response to
Commerce's initial questionnaire. Consequently, we used adverse
inferences with respect to Juara in selecting from among the facts
otherwise available on the record, pursuant to sections 776(a) and (b)
of the Act. For details regarding the AFA used in this preliminary
determination, see the Preliminary Decision Memorandum.
As detailed in the Preliminary Decision Memorandum, based on AFA,
we preliminarily determine that Juara exported inquiry merchandise and
that U.S. entries of that merchandise are circumventing the Order.
Suspension of Liquidation and Cash Deposit Requirements
Based on the preliminary affirmative country-wide determination of
circumvention for Malaysia in accordance with 19 CFR 351.226(l)(2), we
will direct U.S. Customs and Border Protection (CBP) to suspend
liquidation and require a cash deposit of estimated duties on
unliquidated entries of R-410A and R0407C, completed in Malaysia using
China-origin components, that were entered, or withdrawn from
warehouse, for consumption on or after July 7, 2023, the date of
publication of the initiation of this circumvention inquiry in the
Federal Register.\8\ CBP shall require cash deposits in accordance with
the rate established for the China-wide entity, i.e., 216.37
percent,\9\ for entries of such merchandise produced in Malaysia.
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\8\ See Initiation Notice, 88 FR at 43275.
\9\ See Order, 81 FR at 55438.
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Commerce has established the following third-country case number
for Malaysia in the Automated Commercial Environment (ACE) for such
entries: A-557-300-000. For Juara, Commerce will direct CBP, for all
entries of R-410A or R-407C from Malaysia produced or exported by
Juara, to suspend liquidation and require a cash deposit at the rate
established for the China-wide entity, i.e., 216.37 percent, under this
third country case number.
R-410A and R-407C produced in Malaysia that is not from China-
origin HFC blends is not subject to this inquiry. Therefore, cash
deposits are not required for such merchandise under the Order. These
suspension of liquidation instructions will remain in effect until
further notice.
Certified Entries
At this time, Commerce has not included a certification
requirement. We invite interested parties to comment on this matter.
Public Comment
Interested parties may submit case briefs to Commerce no later than
14 days after the date of publication of this notice.\10\ Rebuttal
briefs, limited to issues raised in the case briefs, may be filed no
later than five days after the date for filing case briefs.\11\
Interested parties who submit case briefs or rebuttal briefs in these
proceedings must submit: (1) a statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.\12\
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\10\ Commerce is exercising its discretion, under 19 CFR
351.309(C)(1)(ii), to alter the time limit for filing case briefs.
\11\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023).
\12\ See 19 CFR 351.309(c)(2)(d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In these circumvention inquiries, we
instead request that interested parties provide at the beginning of
their briefs a public, executive summary for each issue raised in their
briefs.\13\ Further, we request that interested parties limit their
executive summary of each issue to no more than 450 words, not
including citations. We intend to use the executive summaries as the
basis of the comment summaries included in the issues and decision
memorandum that will accompany the final determination in this
circumvention inquiry. We request that interested parties include
footnotes for relevant citations in the executive summary of each
issue. Note that Commerce has amended certain of its requirements
pertaining to the service of documents in 19 CFR 351.303(f).\14\
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\13\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\14\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings; Final
Rule, 88 FR 67069 (September 29, 2023).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice in the Federal Register.
Requests should contain: (1) the requesting party's name, address, and
telephone number; (2) the number of individuals from the requesting
party that will attend the hearing and whether any of those individuals
is a foreign national; and (3) a list of the issues that the party
intends to discuss at the hearing. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date of the
hearing.
U.S. International Trade Commission Notification
Consistent with section 781(e) of the Act, Commerce will notify the
U.S. International Trade Commission (ITC) of this preliminary
determination to include the merchandise subject to this circumvention
inquiry within the Order. Pursuant to section 781(e) of the Act, the
ITC may request consultations concerning Commerce's proposed inclusion
of the inquiry merchandise. If, after consultations, the ITC believes
that a significant injury issue is presented by the proposed inclusion,
it will have 60 days from the date of notification by Commerce to
provide written advice.
Notification to Interested Parties
Commerce is issuing and publishing this determination in accordance
with section 781(b) of the Act and 19 CFR 351.226(g)(1).
Dated: December 4, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Merchandise Subject to the Circumvention Inquiry
V. Period of the Circumvention Inquiry
VI. Application of Facts Available and Use of
[[Page 85878]]
Adverse Inferences
VII. Statutory and Regulatory Framework for the Circumvention
Inquiry
VIII. Analysis of Statutory Criteria for the Circumvention Inquiry
IX. Summary of Statutory Analysis
X. Country-Wide Affirmative Determination of Circumvention
XI. Recommendation
[FR Doc. 2023-27129 Filed 12-8-23; 8:45 am]
BILLING CODE 3510-DS-P
