Antidumping Duty Order on Hydrofluorocarbon Blends From the People's Republic of China: Preliminary Affirmative Determination of Circumvention With Respect to R-410A From the Republic of Turkey, 85871-85876 [2023-27130]
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Federal Register / Vol. 88, No. 236 / Monday, December 11, 2023 / Notices
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Harrison, Program Analyst, Performance
and National Programs Division,
Economic Development Administration,
U.S. Department of Commerce, via
email to MHarrison@eda.gov or by
phone, (202) 482–4696.
SUPPLEMENTARY INFORMATION:
I. Abstract
Guided by the basic principle that
sustainable economic development
should be locally driven, the Economic
Development Administration (EDA)
works directly with communities and
regions to help them build the capacity
for economic development based on
local business conditions and needs.
The EDA Revolving Loan Fund (RLF)
Program, authorized under section 209
of the Public Works and Economic
Development Act of 1965, as amended
(42 U.S.C. 3149), has served as an
important pillar of EDA investment
programs since the establishment of the
RLF Program in 1975. The purpose of
the RLF Program is to provide regions
with a flexible and continuing source of
capital, to be used with other economic
development tools, for creating and
retaining jobs and inducing private
investment that will contribute to longterm economic stability and growth.
EDA provides RLF grants to eligible
recipients, which include State and
local governments, Indian Tribes, and
non-profit organizations, to operate a
lending program that offers loans with
flexible repayment terms, primarily to
small businesses in distressed
communities that are unable to obtain
traditional bank financing. These loans
enable small businesses to expand and
lead to new employment opportunities
that pay competitive wages and benefits.
A unique feature of the RLF Program
is that the federal interest in RLF awards
does not terminate but may be released
by EDA seven years after completion of
the grant disbursement. EDA RLF
regulations therefore require RLF
recipients to submit to EDA RLF
Financial Report, Form ED–209, which
collects limited performance
information for RLF awards (13 CFR
307.14(a)). EDA currently requires Form
ED–209 to be submitted on an annual
basis for high-performing RLFs and on
a semi-annual basis for other RLFs.
Through implementation of the
Reinvigorating Lending for the Future
Act (RLF Act), EDA released its federal
interest in a substantial portion of the
RLF awards that were previously
required to submit Form ED–209. As a
result, the number of respondents
required to submit Form ED–209 will
decrease. Although Form ED–209 is
being extended without change, and the
estimated amount of time required to
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complete Form ED–209 remains
unchanged at three hours, the estimated
annual burden hours for Form ED–209
is decreasing because of the decreased
number of RLF awards and respondents
required to complete Form ED–209.
II. Method of Collection
RLF recipients must complete and
submit the information collected by
Form ED–209 online through a
Salesforce application (‘‘RLF Portal’’) for
Revolving Loan Fund (RLF) reporting
that is accessible at https://doceda.my.site.com/RLF/s/login/.
III. Data
OMB Control Number: 0610–0095.
Form Number(s): ED–209.
Type of Review: Extension of a
currently approved information
collection.
Affected Public: EDA RLF recipients:
State and local governments, Indian
Tribes, and non-profit organizations.
Estimated Number of Respondents:
1,000.
Estimated Time per Response: 3
hours.
Estimated Total Annual Burden
Hours: 3,000.
Estimated Total Annual Cost to
Public: $173,520 (cost assumes
application of U.S. Bureau of Labor
Statistics first quarter 2020 mean hourly
employer costs for employee
compensation for professional and
related occupations of $57.84).
Respondent’s Obligation: Mandatory.
IV. Request for Comments
We are soliciting public comments to
permit the Department/Bureau to: (a)
Evaluate whether the proposed
information collection is necessary for
the proper functions of the Department,
including whether the information will
have practical utility; (b) Evaluate the
accuracy of our estimate of the time and
cost burden for this proposed collection,
including the validity of the
methodology and assumptions used; (c)
Evaluate ways to enhance the quality,
utility, and clarity of the information to
be collected; and (d) Minimize the
reporting burden on those who are to
respond, including the use of automated
collection techniques or other forms of
information technology.
Comments that you submit in
response to this notice are a matter of
public record. We will include or
summarize each comment in our request
to OMB to approve this ICR. Before
including your address, phone number,
email address, or other personal
identifying information in your
comment, you should be aware that
your entire comment—including your
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personal identifying information—may
be made publicly available at any time.
While you may ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Under Secretary for Economic Affairs,
Commerce Department.
[FR Doc. 2023–27076 Filed 12–8–23; 8:45 am]
BILLING CODE 3510–34–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 From the Republic of Turkey
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce preliminarily determines
that imports of R–410A, completed in
the Republic of Turkey (Turkey) using
People’s Republic of China (China)origin components, and exported from
Turkey, as specified below, are
circumventing the antidumping duty
(AD) order on hydrofluorocarbon (HFC)
blends from China.
DATES: Applicable December 11, 2023.
FOR FURTHER INFORMATION CONTACT: Paul
Senoyuit, 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) 482–6106.
SUPPLEMENTARY INFORMATION:
AGENCY:
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,
completed in Turkey using HFC
components R–32 (difluoromethane)
and R–125 (pentafluoroethane)
(collectively, China-origin components)
manufactured in China, are
circumventing the Order and,
accordingly, should be covered by the
1 See Hydrofluorocarbon Blends from the People’s
Republic of China: Antidumping Duty Order, 81 FR
55436 (August 19, 2016) (Order).
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Federal Register / Vol. 88, No. 236 / Monday, December 11, 2023 / Notices
scope of the Order.2 In August 2023,
Commerce selected the following two
mandatory respondents in this
circumvention inquiry: Cantas Ic Ve Dis
Ticaret Sogutma Sistermleri Sanayi A.S.
(Cantas) and ICE Sogutma Sanayi Ve
Ticaret Ltd. (ICE).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 Inquiry
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This circumvention inquiry covers R–
410A, completed in Turkey using
China-origin HFC components and
subsequently exported from Turkey to
the United States (inquiry merchandise).
Preliminary Circumvention
Determination
As detailed in the Preliminary
Decision Memorandum, and the ‘‘Use of
Adverse Facts Available (AFA)’’ section,
Commerce preliminarily determines
that R–410A completed in Turkey using
HFC components from China, that is
subsequently exported from Turkey to
the United States, is 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 ‘‘Certifications’’
and ‘‘Certification Requirements for
Turkey’’ sections below for details
regarding the use of certifications for
inquiry merchandise exported from
Turkey.
Use of AFA
Pursuant to section 776(a) of the Act,
Methodology
if the necessary information is not
available on the record, or an interested
Commerce is conducting this
party withholds requested information,
circumvention inquiry in accordance
fails to provide requested information
with section 781(b) of the Tariff Act of
by the deadline or in the form and
1930, as amended (the Act), and 19 CFR manner requested, or significantly
351.226. For a complete description of
impedes a proceeding, Commerce shall
the methodology underlying this
use the facts otherwise available in
circumvention inquiry, see the
reaching the applicable determination.
Preliminary Decision Memorandum. A
Moreover, pursuant to section 776(b) of
list of topics discussed in the
the Act, Commerce may use inferences
Preliminary Decision Memorandum is
adverse to the interests of an interested
party in selecting from among the facts
included in Appendix I to this notice.
The Preliminary Decision Memorandum otherwise available if the party fails to
cooperate by not acting to the best of its
is a public document and is on file
ability to provide requested information.
electronically via Enforcement and
Commerce requested information
Compliance’s Antidumping and
from Cantas and ICE. In these initial
Countervailing Duty Centralized
questionnaires, Commerce explained
Electronic Service System (ACCESS).
that, if the company to which
ACCESS is available to registered users
at https://access.trade.gov. In addition, a Commerce issued the questionnaire fails
to respond to the questionnaire, or fails
complete version of the Preliminary
Decision Memorandum can be accessed to provide the requested information,
Commerce may find that the company
directly at https://access.trade.gov/
failed to cooperate by not acting to the
public/FRNoticesListLayout.aspx.
best of its ability to comply with the
request for information, and may use an
2 See Hydrofluorocarbon Blends from the People’s
inference that is adverse to the
Republic of China: Initiation of Circumvention
company’s interests in selecting from
Inquiries on the Antidumping Duty Order, 88 FR
43275 (July 7, 2023) (Initiation Notice).
the facts otherwise available. Cantas,
3 See Memorandum, ‘‘Respondent Selection,’’
one of the mandatory respondents in
dated August 23, 2023; see also Commerce’s Letter,
Turkey, received, but failed to respond
‘‘R–410A from Turkey Initial Questionnaire,’’ dated
to, Commerce’s questionnaire.6
August 28, 2023.
Therefore, we preliminarily find that
4 See Memorandum, ‘‘Hydrofluorocarbon Blends
Cantas failed to provide requested
from the People’s Republic of China: Preliminary
Decision Memorandum for the Circumvention
information by the deadline or in the
Inquiry on the Antidumping Duty Order with
form and manner requested, and
Respect to Imports of R–410A from the Republic of
significantly impeded this inquiry.
Turkey,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
5 Id. at 2–3.
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6 Id. at 5; see also Memorandum, ‘‘Delivery
Confirmation,’’ dated September 1, 2023.
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Moreover, we find that these companies
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
questionnaires. Consequently, we used
adverse inferences with respect to
Cantas 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
adverse facts available used in these
preliminary determinations, see the
Preliminary Decision Memorandum.
As detailed in the Preliminary
Decision Memorandum, based on AFA,
we preliminarily determine that Cantas
exported inquiry merchandise and that
U.S. entries of that merchandise are
circumventing the Order. Additionally,
we are preliminarily precluding Cantas
from participating in the certification
program that we are establishing for
exports of R–410A completed in Turkey
using HFC components from China, that
is subsequently exported from Turkey to
the United States.
Preliminary Determination of No
Shipments
ICE timely responded to Commerce’s
circumvention questionnaire, in which
it reported that it did not sell or export
the merchandise covered by the
circumvention inquiry to the United
States during the period of inquiry.7
Based on the information and
documentation provided by ICE, we
preliminarily determine that ICE had no
shipments of inquiry merchandise to the
United States during the period of
inquiry.
Suspension of Liquidation and Cash
Deposit Requirements
Based on the preliminary affirmative
country-wide determination of
circumvention for Turkey, 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, completed in Turkey 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
7 See ICE’s Letter, ‘‘ICE Sogutma Sanayi Ve
Ticaret Ltd. STI’s Response to the Department’s
August 28, 2023 Initial Questionnaire,’’ dated
October 5, 2023.
8 See Initiation Notice, 88 FR at 43275.
9 See Order, 81 FR at 55438.
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of such merchandise produced in
Turkey.
R–410A produced in Turkey from
HFC blends that is not of China origin
is not subject to this inquiry. Therefore,
cash deposits are not required for such
merchandise under the Order. If an
importer imports R–410A from Turkey
and claims that it was not produced
using China-origin HFC components, in
order to not be subject to the Order cash
deposit requirements, the importer and
exporter are required to meet the
certification and documentation
requirements described in the
‘‘Certifications’’ and ‘‘Certification
Requirements for Turkey’’ sections,
below.
Commerce has established the
following third-country case number for
Turkey in the Automated Commercial
Environment (ACE) for such entries: A–
489–400–000. For Cantas, which will
not be permitted to certify that its
merchandise was not produced from
China-origin HFC components,
Commerce will direct CBP, for all
entries of R–410A from Turkey
produced or exported by Cantas, 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.10
Where no certification is provided for
an entry, and the Order potentially
applies to that entry, Commerce intends
to instruct CBP to suspend the entry and
collect cash deposits at the rate
established for the China-wide entity,
i.e., 216.37 percent, under the third
country case number above. These
suspension of liquidation instructions
will remain in effect until further notice.
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Certified Entries
Entries for which the importer and
exporter have met the certification
requirements described below and in
Appendix II to this notice will not be
subject to suspension of liquidation, or
the cash deposit requirements described
above. Failure to comply with the
applicable requisite certification
requirements may result in the
merchandise being subject to duties.
Certifications
To administer the preliminary
affirmative country-wide determination
of circumvention, Commerce
established importer and exporter
certifications, which allow companies to
certify that specific entries of R–410A
10 Cantas is not currently eligible to participate in
the certification program as either producer or
exporter. In addition, other parties exporting R–
410A produced by Cantas will likewise not be
eligible to participate in the certification program
with regard to such products.
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from Turkey are not subject to
suspension of liquidation or the
collection of cash deposits pursuant to
this preliminary affirmative countrywide determination of circumvention
because the merchandise is not made
with China-origin components (see
Appendix II to this notice).
Because Cantas was non-cooperative,
it is not currently eligible to use the
certification described above.11
Commerce may reconsider the eligibility
of Cantas in the certification process in
a future administrative review. Each
year during the anniversary month of
the publication of an AD or
countervailing duty (CVD) order,
finding, or suspended investigation, an
interested party, as defined in section
771(9) of the Act, may request, in
accordance with 19 CFR 351.213, that
Commerce conduct an administrative
review of that AD or CVD order, finding,
or suspended investigation. An
interested party who would like
Commerce to conduct an administrative
review of the Order should wait until
Commerce announces via the Federal
Register the next window during the
anniversary month of the publication of
the Order to submit such requests. The
anniversary month for this Order is
August.
Importers and exporters that claim
that the entry of R–410A from Turkey is
not subject to suspension of liquidation
or the collection of cash deposits
because the merchandise is not made
with China-origin components must
complete the applicable certification
and meet the certification and
documentation requirements described
below, as well as the requirements
identified in the applicable certification.
Certification Requirements for Turkey
Importers are required to complete
and maintain the applicable importer
certification, and maintain a copy of the
applicable exporter certification, and
retain all supporting documentation for
both certifications. With the exception
of the entries described below, the
importer certification must be
completed, signed, and dated by the
time the entry summary is filed for the
relevant entry. The importer, or the
importer’s agent, must submit both the
11 See Preliminary Decision Memorandum at the
‘‘Use of Facts Available with Adverse Inferences’’
section; see also, e.g., Anti-circumvention Inquiry of
the Antidumping Duty Order on Certain Pasta from
Italy: Affirmative Preliminary Determination of
Circumvention of the Antidumping Duty Order, 63
FR 18364, 18366 (April 15, 1998), unchanged in
Anti-Circumvention Inquiry of the Antidumping
Duty Order on Certain Pasta from Italy: Affirmative
Final Determination of Circumvention of the
Antidumping Duty Order, 63 FR 54672, 54675–76
(October 13, 1998).
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importer’s certification and the
exporter’s certification to CBP as part of
the entry process by uploading them
into the document imaging system (DIS)
in ACE. Where the importer uses a
broker to facilitate the entry process, the
importer should obtain the entry
summary number from the broker.
Agents of the importer, such as brokers,
however, are not permitted to certify on
behalf of the importer.
Exporters are required to complete
and maintain the applicable exporter
certification and provide the importer
with a copy of that certification and all
supporting documentation (e.g., invoice,
purchase order, production records,
etc.). With the exception of the entries
described below, the exporter
certification must be completed, signed,
and dated by the time of shipment of the
relevant entries. The exporter
certification should be completed by the
party selling the R–410A that was
manufactured in Turkey to the United
States.
Additionally, the claims made in the
certifications and any supporting
documentation are subject to
verification by Commerce and/or CBP.
Importers and exporters are required to
maintain the certifications and
supporting documentation until the
later of: (1) the date that is five years
after the latest entry date of the entries
covered by the certification; or (2) the
date that is three years after the
conclusion of any litigation in United
States courts regarding such entries.
For all R–410A from Turkey that was
entered, or withdrawn from warehouse,
for consumption during the period July
7, 2023 (the date of initiation of this
circumvention inquiry), through the
date of publication of the preliminary
determination in the Federal Register,
where the entry has not been liquidated
(and entries for which liquidation has
not become final), the relevant
certification should be completed and
signed as soon as practicable, but not
later than 45 days after the date of
publication of this preliminary
determination in the Federal Register.
For such entries, importers and
exporters each have the option to
complete a blanket certification
covering multiple entries, individual
certifications for each entry, or a
combination thereof. The exporter must
provide the importer with a copy of the
exporter certification within 45 days of
the date of publication of this
preliminary determination in the
Federal Register.
For unliquidated entries (and entries
for which liquidation has not become
final) of R–410A from Turkey that were
declared as non-AD type entries (e.g.,
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type 01) and entered, or withdrawn
from warehouse, for consumption in the
United States during the period July 7,
2023 (the date of initiation of these
circumvention inquiries), through the
date of publication of the preliminary
determination in the Federal Register,
for which none of the above
certifications may be made, importers
must file a Post Summary Correction
with CBP, in accordance with CBP’s
regulations, regarding conversion of
such entries from non-AD type entries
to AD type entries (e.g., type 01 to type
03). Importers should report those AD
type entries using the third country case
numbers identified in the ‘‘Suspension
of Liquidation and Cash Deposit
Requirements’’ section, above. The
importer should pay cash deposits on
those entries consistent with the
regulations governing post summary
corrections that require payment of
additional duties.
If it is determined that an importer
and/or exporter has not met the
certification and/or related
documentation requirements for certain
entries, Commerce intends to instruct
CBP to suspend, pursuant to this
preliminary affirmative country-wide
determination of circumvention and the
Order,12 all unliquidated entries for
which these requirements were not met
and to require the importer to post
applicable cash deposits equal to the
rate noted above.
Interested parties may comment on
these certification requirements, and on
the certification language contained in
Appendix II to this notice in their case
briefs.
Verification
As provided in 19 CFR 351.307,
Commerce may verify information
relied upon in making its final
determination.
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Public Comment
Case briefs or other written comments
should be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the verification
report is issued. 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.13 Interested
parties who submit case briefs or
rebuttal briefs in these proceedings must
submit: (1) a statement of the issue; (2)
12 See
Order.
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).
13 See
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a brief summary of the argument; and
(3) a table of authorities.14
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.15 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 of 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).16
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
14 See
19 CFR 351.309(c)(2) and (d)(2).
use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
16 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings; Final Rule, 88 FR
67069 (September 29, 2023).
15 We
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include the merchandise subject to
these circumvention inquiries 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 I
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
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 and Certification
Requirements
XI. Recommendation
Appendix II
Importer Certification
I hereby certify that:
A. {IMPORTING COMPANY OFFICIAL’S
NAME} and I am an official of {NAME OF
IMPORTING COMPANY}, located at
{ADDRESS of IMPORTING COMPANY};
B. I have direct personal knowledge of the
facts regarding the importation into the
Customs territory of the United States of the
hydrofluorocarbon (HFC) blend R–410A
produced in Turkey 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, including the
exporter’s and/or foreign seller’s identity and
location;
C. If the importer is acting on behalf of the
first U.S. customer, include the following
sentence as paragraph C of this certification:
The R–410A 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}.
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If the importer is not acting on behalf of
the first U.S. customer, include the following
sentence as paragraph C of this certification:
{NAME OF IMPORTING COMPANY} is
not acting on behalf of the first U.S.
customer.
D. The R–410A covered by this
certification was shipped to {NAME OF
PARTY IN THE UNITED STATES TO
WHOM THE MERCHANDISE WAS FIRST
SHIPPED} located at {U.S. ADDRESS TO
WHICH MERCHANDISE WAS SHIPPED}.
E. 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 HFC components (i.e., R–32 and
R–125) used to produce the R–410A);
F. This certification applies to the
following entries (repeat this block as many
times as necessary):
Entry Summary #:
Entry Summary Line Item #:
Foreign Seller:
Foreign Seller’s Address:
Foreign Seller’s Invoice #:
Foreign Seller’s Invoice Line Item #:
Country of Origin of HFC Components:
Producer:
Producer’s Address:
G. The R–410A covered by this
certification do not contain HFC components
(i.e., R–32 and R–125) produced in the
People’s Republic of China (China);
H. 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) the date that is five
years after the date of the latest entry covered
by the certification or; (2) the date that is
three years after the conclusion of any
litigation in the United States courts
regarding such entries;
I. I understand that {IMPORTING
COMPANY} is required to maintain a copy
of the exporter’s certification (attesting to the
production and/or exportation of the
imported merchandise identified above), and
any supporting documentation provided to
the importer by the exporter, until the later
of: (1) the date that is five years after the date
of the latest entry covered by the certification
or; (2) the date that is three years after the
conclusion of any litigation in United States
courts regarding such entries;
J. I understand that {IMPORTING
COMPANY} is required to submit a copy of
the importer and exporter certifications as
part of the entry summary by uploading them
into the document imaging system (DIS) in
ACE, and to provide U.S. Customs and
Border Protection (CBP) and/or the U.S.
Department of Commerce (Commerce) with
the importer certification, and any
supporting documentation, and a copy of the
exporter’s certification, and any supporting
documentation provided to the importer by
the exporter, upon request of either agency;
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K. I understand that the claims made
herein, and the substantiating
documentation, are subject to verification by
CBP and/or Commerce;
L. I understand that failure to maintain the
required certification and supporting
documentation, or failure to substantiate the
claims made herein, or not allowing 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 of
the antidumping duty (AD) order on R–410A
from Turkey. I understand that such finding
will result in:
(i) suspension of liquidation of all
unliquidated entries (and entries for which
liquidation has not become final) for which
these requirements were not met;
(ii) the importer being required to post the
cash deposits determined by Commerce; and
(iii) the importer no longer being allowed
to participate in the certification process.
M. I understand that agents of the importer,
such as brokers, are not permitted to make
this certification;
N. This certification was completed and
signed on, or prior to, the date of the entry
summary if the entry 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 entry 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 by no later than 45
days after publication of the notice of
Commerce’s preliminary determination of
circumvention in the Federal Register.
O. I am aware that U.S. law (including, but
not limited to, 18 U.S.C. 1001) imposes
criminal sanctions on individuals who
knowingly and willfully make materially
false statements to the U.S. government.
Signature
{NAME OF COMPANY OFFICIAL}
{TITLE OF COMPANY OFFICIAL}
{DATE}
Exporter Certification
The party that made the sale to the United
States should fill out the exporter
certification.
I hereby certify that:
A. My name is {COMPANY OFFICIAL’S
NAME} and I am an official of {NAME OF
FOREIGN COMPANY THAT MADE THE
SALE TO THE UNITED STATES}; located at
{ADDRESS OF FOREIGN COMPANY THAT
MADE THE SALE TO THE UNITED
STATES};
B. I have direct personal knowledge of the
facts regarding the production and
exportation of the hydrofluorocarbon (HFC)
blend R–410A for which sales are identified
below. ‘‘Direct personal knowledge’’ refers to
facts the certifying party is expected to have
in its own records. For example, an exporter
should have direct personal knowledge of the
producer’s identity and location.
C. The R–410A, and the individual
components thereof, covered this
certification were produced by {NAME OF
PRODUCING COMPANY}, located at
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
85875
{ADDRESS OF shipped to {NAME OF
PARTY IN THE UNITED STATES TO
WHOM MERCHANDISE WAS FIRST
SHIPPED}, located at {U.S. ADDRESS TO
WHICH MERCHANDISE WAS SHIPPED};
D. The R–410A produced in Turkey do not
contain HFC components (i.e., R–32 and R–
125) produced in the People’s Republic of
China (China);
E. This certification applies to the
following sales to {NAME OF U.S.
CUSTOMER}, located at {ADDRESS OF U.S.
CUSTOMER} (repeat this block as many
times as necessary):
Foreign Seller’s Invoice # to U.S. Customer:
Foreign Seller’s Invoice to U.S. Customer
Line item #:
Producer Name:
Producer’s Address:
Producer’s Invoice # to Foreign Seller: (If the
foreign seller and the producer are the
same party, put NA here.)
Name of Producer of HFC Components:
Location (Country) of Producer of HFC
Components:
F. The R–410A covered by this certification
was shipped to {NAME OF U.S. PARTY TO
WHOM MERCHANDISE WAS SHIPPED},
located at {U.S. ADDRESS TO WHICH
MERCHANDISE WAS SHIPPED};
G. I understand that {NAME OF FOREIGN
COMPANY THAT MADE THE SALE TO
THE UNITED STATES 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) the date that is five years after the
latest date of the entries covered by the
certification; or (2) the date that is three years
after the conclusion of any litigation in the
United States courts regarding such entries;
H. I understand that {NAME OF FOREIGN
COMPANY THAT MADE THE SALE TO
THE UNITED STATES} is required to
provide the U.S. importer with a copy of this
certification and is required to provide U.S.
Customs and Border Protection (CBP) and/or
the U.S. Department of Commerce
(Commerce) with this certification, and any
supporting documents, upon request of either
agency;
I. I understand that the claims made
herein, and the substantiating documentation
are subject to verification by CBP and/or
Commerce;
J. I understand that failure to maintain the
required certification and supporting
documentation, or failure to substantiate the
claims made herein, or not allowing 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 order on R–410A from
Turkey. I understand that such a finding will
result in:
(i) suspension of all unliquidated entries
(and entries for which liquidation has not
become final) for which these requirements
were not met;
(ii) the importer being required to post the
cash deposits determined by Commerce; and
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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.
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
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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]]>Agencies
[Federal Register Volume 88, Number 236 (Monday, December 11, 2023)]
[Notices]
[Pages 85871-85876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27130]
-----------------------------------------------------------------------
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 From the Republic of Turkey
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce preliminarily determines that
imports of R-410A, completed in the Republic of Turkey (Turkey) using
People's Republic of China (China)-origin components, and exported from
Turkey, as specified below, are circumventing the antidumping duty (AD)
order on hydrofluorocarbon (HFC) blends from China.
DATES: Applicable December 11, 2023.
FOR FURTHER INFORMATION CONTACT: Paul Senoyuit, 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) 482-6106.
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, completed in Turkey using HFC components R-32
(difluoromethane) and R-125 (pentafluoroethane) (collectively, China-
origin components) manufactured in China, are circumventing the Order
and, accordingly, should be covered by the
[[Page 85872]]
scope of the Order.\2\ In August 2023, Commerce selected the following
two mandatory respondents in this circumvention inquiry: Cantas Ic Ve
Dis Ticaret Sogutma Sistermleri Sanayi A.S. (Cantas) and ICE Sogutma
Sanayi Ve Ticaret Ltd. (ICE).\3\ For a complete description of the
events that followed the initiation of this circumvention inquiry, see
the Preliminary Decision Memorandum.\4\
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\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 23,
2023; see also Commerce's Letter, ``R-410A from Turkey Initial
Questionnaire,'' dated August 28, 2023.
\4\ See Memorandum, ``Hydrofluorocarbon Blends from the People's
Republic of China: Preliminary Decision Memorandum for the
Circumvention Inquiry on the Antidumping Duty Order with Respect to
Imports of R-410A from the Republic of Turkey,'' 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 Inquiry
This circumvention inquiry covers R-410A, completed in Turkey using
China-origin HFC components and subsequently exported from Turkey to
the United States (inquiry merchandise).
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 Appendix I 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 the ``Use
of Adverse Facts Available (AFA)'' section, Commerce preliminarily
determines that R-410A completed in Turkey using HFC components from
China, that is subsequently exported from Turkey to the United States,
is 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 ``Certifications''
and ``Certification Requirements for Turkey'' sections below for
details regarding the use of certifications for inquiry merchandise
exported from Turkey.
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.
Commerce requested information from Cantas and ICE. In these
initial questionnaires, 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 request for information, and may use
an inference that is adverse to the company's interests in selecting
from the facts otherwise available. Cantas, one of the mandatory
respondents in Turkey, received, but failed to respond to, Commerce's
questionnaire.\6\
---------------------------------------------------------------------------
\6\ Id. at 5; see also Memorandum, ``Delivery Confirmation,''
dated September 1, 2023.
---------------------------------------------------------------------------
Therefore, we preliminarily find that Cantas failed to provide
requested information by the deadline or in the form and manner
requested, and significantly impeded this inquiry. Moreover, we find
that these companies 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 questionnaires. Consequently, we used adverse
inferences with respect to Cantas 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 adverse facts available used in
these preliminary determinations, see the Preliminary Decision
Memorandum.
As detailed in the Preliminary Decision Memorandum, based on AFA,
we preliminarily determine that Cantas exported inquiry merchandise and
that U.S. entries of that merchandise are circumventing the Order.
Additionally, we are preliminarily precluding Cantas from participating
in the certification program that we are establishing for exports of R-
410A completed in Turkey using HFC components from China, that is
subsequently exported from Turkey to the United States.
Preliminary Determination of No Shipments
ICE timely responded to Commerce's circumvention questionnaire, in
which it reported that it did not sell or export the merchandise
covered by the circumvention inquiry to the United States during the
period of inquiry.\7\ Based on the information and documentation
provided by ICE, we preliminarily determine that ICE had no shipments
of inquiry merchandise to the United States during the period of
inquiry.
---------------------------------------------------------------------------
\7\ See ICE's Letter, ``ICE Sogutma Sanayi Ve Ticaret Ltd. STI's
Response to the Department's August 28, 2023 Initial
Questionnaire,'' dated October 5, 2023.
---------------------------------------------------------------------------
Suspension of Liquidation and Cash Deposit Requirements
Based on the preliminary affirmative country-wide determination of
circumvention for Turkey, 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, completed in Turkey 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
[[Page 85873]]
of such merchandise produced in Turkey.
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\8\ See Initiation Notice, 88 FR at 43275.
\9\ See Order, 81 FR at 55438.
---------------------------------------------------------------------------
R-410A produced in Turkey from HFC blends that is not of China
origin is not subject to this inquiry. Therefore, cash deposits are not
required for such merchandise under the Order. If an importer imports
R-410A from Turkey and claims that it was not produced using China-
origin HFC components, in order to not be subject to the Order cash
deposit requirements, the importer and exporter are required to meet
the certification and documentation requirements described in the
``Certifications'' and ``Certification Requirements for Turkey''
sections, below.
Commerce has established the following third-country case number
for Turkey in the Automated Commercial Environment (ACE) for such
entries: A-489-400-000. For Cantas, which will not be permitted to
certify that its merchandise was not produced from China-origin HFC
components, Commerce will direct CBP, for all entries of R-410A from
Turkey produced or exported by Cantas, 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.\10\
---------------------------------------------------------------------------
\10\ Cantas is not currently eligible to participate in the
certification program as either producer or exporter. In addition,
other parties exporting R-410A produced by Cantas will likewise not
be eligible to participate in the certification program with regard
to such products.
---------------------------------------------------------------------------
Where no certification is provided for an entry, and the Order
potentially applies to that entry, Commerce intends to instruct CBP to
suspend the entry and collect cash deposits at the rate established for
the China-wide entity, i.e., 216.37 percent, under the third country
case number above. These suspension of liquidation instructions will
remain in effect until further notice.
Certified Entries
Entries for which the importer and exporter have met the
certification requirements described below and in Appendix II to this
notice will not be subject to suspension of liquidation, or the cash
deposit requirements described above. Failure to comply with the
applicable requisite certification requirements may result in the
merchandise being subject to duties.
Certifications
To administer the preliminary affirmative country-wide
determination of circumvention, Commerce established importer and
exporter certifications, which allow companies to certify that specific
entries of R-410A from Turkey are not subject to suspension of
liquidation or the collection of cash deposits pursuant to this
preliminary affirmative country-wide determination of circumvention
because the merchandise is not made with China-origin components (see
Appendix II to this notice).
Because Cantas was non-cooperative, it is not currently eligible to
use the certification described above.\11\ Commerce may reconsider the
eligibility of Cantas in the certification process in a future
administrative review. Each year during the anniversary month of the
publication of an AD or countervailing duty (CVD) order, finding, or
suspended investigation, an interested party, as defined in section
771(9) of the Act, may request, in accordance with 19 CFR 351.213, that
Commerce conduct an administrative review of that AD or CVD order,
finding, or suspended investigation. An interested party who would like
Commerce to conduct an administrative review of the Order should wait
until Commerce announces via the Federal Register the next window
during the anniversary month of the publication of the Order to submit
such requests. The anniversary month for this Order is August.
---------------------------------------------------------------------------
\11\ See Preliminary Decision Memorandum at the ``Use of Facts
Available with Adverse Inferences'' section; see also, e.g., Anti-
circumvention Inquiry of the Antidumping Duty Order on Certain Pasta
from Italy: Affirmative Preliminary Determination of Circumvention
of the Antidumping Duty Order, 63 FR 18364, 18366 (April 15, 1998),
unchanged in Anti-Circumvention Inquiry of the Antidumping Duty
Order on Certain Pasta from Italy: Affirmative Final Determination
of Circumvention of the Antidumping Duty Order, 63 FR 54672, 54675-
76 (October 13, 1998).
---------------------------------------------------------------------------
Importers and exporters that claim that the entry of R-410A from
Turkey is not subject to suspension of liquidation or the collection of
cash deposits because the merchandise is not made with China-origin
components must complete the applicable certification and meet the
certification and documentation requirements described below, as well
as the requirements identified in the applicable certification.
Certification Requirements for Turkey
Importers are required to complete and maintain the applicable
importer certification, and maintain a copy of the applicable exporter
certification, and retain all supporting documentation for both
certifications. With the exception of the entries described below, the
importer certification must be completed, signed, and dated by the time
the entry summary is filed for the relevant entry. The importer, or the
importer's agent, must submit both the importer's certification and the
exporter's certification to CBP as part of the entry process by
uploading them into the document imaging system (DIS) in ACE. Where the
importer uses a broker to facilitate the entry process, the importer
should obtain the entry summary number from the broker. Agents of the
importer, such as brokers, however, are not permitted to certify on
behalf of the importer.
Exporters are required to complete and maintain the applicable
exporter certification and provide the importer with a copy of that
certification and all supporting documentation (e.g., invoice, purchase
order, production records, etc.). With the exception of the entries
described below, the exporter certification must be completed, signed,
and dated by the time of shipment of the relevant entries. The exporter
certification should be completed by the party selling the R-410A that
was manufactured in Turkey to the United States.
Additionally, the claims made in the certifications and any
supporting documentation are subject to verification by Commerce and/or
CBP. Importers and exporters are required to maintain the
certifications and supporting documentation until the later of: (1) the
date that is five years after the latest entry date of the entries
covered by the certification; or (2) the date that is three years after
the conclusion of any litigation in United States courts regarding such
entries.
For all R-410A from Turkey that was entered, or withdrawn from
warehouse, for consumption during the period July 7, 2023 (the date of
initiation of this circumvention inquiry), through the date of
publication of the preliminary determination in the Federal Register,
where the entry has not been liquidated (and entries for which
liquidation has not become final), the relevant certification should be
completed and signed as soon as practicable, but not later than 45 days
after the date of publication of this preliminary determination in the
Federal Register. For such entries, importers and exporters each have
the option to complete a blanket certification covering multiple
entries, individual certifications for each entry, or a combination
thereof. The exporter must provide the importer with a copy of the
exporter certification within 45 days of the date of publication of
this preliminary determination in the Federal Register.
For unliquidated entries (and entries for which liquidation has not
become final) of R-410A from Turkey that were declared as non-AD type
entries (e.g.,
[[Page 85874]]
type 01) and entered, or withdrawn from warehouse, for consumption in
the United States during the period July 7, 2023 (the date of
initiation of these circumvention inquiries), through the date of
publication of the preliminary determination in the Federal Register,
for which none of the above certifications may be made, importers must
file a Post Summary Correction with CBP, in accordance with CBP's
regulations, regarding conversion of such entries from non-AD type
entries to AD type entries (e.g., type 01 to type 03). Importers should
report those AD type entries using the third country case numbers
identified in the ``Suspension of Liquidation and Cash Deposit
Requirements'' section, above. The importer should pay cash deposits on
those entries consistent with the regulations governing post summary
corrections that require payment of additional duties.
If it is determined that an importer and/or exporter has not met
the certification and/or related documentation requirements for certain
entries, Commerce intends to instruct CBP to suspend, pursuant to this
preliminary affirmative country-wide determination of circumvention and
the Order,\12\ all unliquidated entries for which these requirements
were not met and to require the importer to post applicable cash
deposits equal to the rate noted above.
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\12\ See Order.
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Interested parties may comment on these certification requirements,
and on the certification language contained in Appendix II to this
notice in their case briefs.
Verification
As provided in 19 CFR 351.307, Commerce may verify information
relied upon in making its final determination.
Public Comment
Case briefs or other written comments should be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the verification report is issued.
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.\13\ 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.\14\
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\13\ 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).
\14\ See 19 CFR 351.309(c)(2) and (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.\15\ 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 of 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).\16\
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\15\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\16\ 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 these circumvention
inquiries 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 I
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 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 and
Certification Requirements
XI. Recommendation
Appendix II
Importer Certification
I hereby certify that:
A. {IMPORTING COMPANY OFFICIAL'S NAME{time} and I am an
official of {NAME OF IMPORTING COMPANY{time} , located at {ADDRESS
of IMPORTING COMPANY{time} ;
B. I have direct personal knowledge of the facts regarding the
importation into the Customs territory of the United States of the
hydrofluorocarbon (HFC) blend R-410A produced in Turkey 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, including the exporter's and/or foreign
seller's identity and location;
C. If the importer is acting on behalf of the first U.S.
customer, include the following sentence as paragraph C of this
certification:
The R-410A 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} .
[[Page 85875]]
If the importer is not acting on behalf of the first U.S.
customer, include the following sentence as paragraph C of this
certification:
{NAME OF IMPORTING COMPANY{time} is not acting on behalf of the
first U.S. customer.
D. The R-410A covered by this certification was shipped to {NAME
OF PARTY IN THE UNITED STATES TO WHOM THE MERCHANDISE WAS FIRST
SHIPPED{time} located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS
SHIPPED{time} .
E. 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 HFC components (i.e., R-32
and R-125) used to produce the R-410A);
F. This certification applies to the following entries (repeat
this block as many times as necessary):
Entry Summary #:
Entry Summary Line Item #:
Foreign Seller:
Foreign Seller's Address:
Foreign Seller's Invoice #:
Foreign Seller's Invoice Line Item #:
Country of Origin of HFC Components:
Producer:
Producer's Address:
G. The R-410A covered by this certification do not contain HFC
components (i.e., R-32 and R-125) produced in the People's Republic
of China (China);
H. 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) the date that is five years after the date of the
latest entry covered by the certification or; (2) the date that is
three years after the conclusion of any litigation in the United
States courts regarding such entries;
I. I understand that {IMPORTING COMPANY{time} is required to
maintain a copy of the exporter's certification (attesting to the
production and/or exportation of the imported merchandise identified
above), and any supporting documentation provided to the importer by
the exporter, until the later of: (1) the date that is five years
after the date of the latest entry covered by the certification or;
(2) the date that is three years after the conclusion of any
litigation in United States courts regarding such entries;
J. I understand that {IMPORTING COMPANY{time} is required to
submit a copy of the importer and exporter certifications as part of
the entry summary by uploading them into the document imaging system
(DIS) in ACE, and to provide U.S. Customs and Border Protection
(CBP) and/or the U.S. Department of Commerce (Commerce) with the
importer certification, and any supporting documentation, and a copy
of the exporter's certification, and any supporting documentation
provided to the importer by the exporter, upon request of either
agency;
K. I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce;
L. I understand that failure to maintain the required
certification and supporting documentation, or failure to
substantiate the claims made herein, or not allowing 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 of the antidumping duty (AD) order on R-410A
from Turkey. I understand that such finding will result in:
(i) suspension of liquidation of all unliquidated entries (and
entries for which liquidation has not become final) for which these
requirements were not met;
(ii) the importer being required to post the cash deposits
determined by Commerce; and
(iii) the importer no longer being allowed to participate in the
certification process.
M. I understand that agents of the importer, such as brokers,
are not permitted to make this certification;
N. This certification was completed and signed on, or prior to,
the date of the entry summary if the entry 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 entry 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 by no later than 45 days after publication of
the notice of Commerce's preliminary determination of circumvention
in the Federal Register.
O. I am aware that U.S. law (including, but not limited to, 18
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly
and willfully make materially false statements to the U.S.
government.
Signature
{NAME OF COMPANY OFFICIAL{time}
{TITLE OF COMPANY OFFICIAL{time}
{DATE{time}
Exporter Certification
The party that made the sale to the United States should fill
out the exporter certification.
I hereby certify that:
A. My name is {COMPANY OFFICIAL'S NAME{time} and I am an
official of {NAME OF FOREIGN COMPANY THAT MADE THE SALE TO THE
UNITED STATES{time} ; located at {ADDRESS OF FOREIGN COMPANY THAT
MADE THE SALE TO THE UNITED STATES{time} ;
B. I have direct personal knowledge of the facts regarding the
production and exportation of the hydrofluorocarbon (HFC) blend R-
410A for which sales are identified below. ``Direct personal
knowledge'' refers to facts the certifying party is expected to have
in its own records. For example, an exporter should have direct
personal knowledge of the producer's identity and location.
C. The R-410A, and the individual components thereof, covered
this certification were produced by {NAME OF PRODUCING
COMPANY{time} , located at {ADDRESS OF shipped to {NAME OF PARTY IN
THE UNITED STATES TO WHOM MERCHANDISE WAS FIRST SHIPPED{time} ,
located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED{time} ;
D. The R-410A produced in Turkey do not contain HFC components
(i.e., R-32 and R-125) produced in the People's Republic of China
(China);
E. This certification applies to the following sales to {NAME OF
U.S. CUSTOMER{time} , located at {ADDRESS OF U.S. CUSTOMER{time}
(repeat this block as many times as necessary):
Foreign Seller's Invoice # to U.S. Customer:
Foreign Seller's Invoice to U.S. Customer Line item #:
Producer Name:
Producer's Address:
Producer's Invoice # to Foreign Seller: (If the foreign seller and
the producer are the same party, put NA here.)
Name of Producer of HFC Components:
Location (Country) of Producer of HFC Components:
F. The R-410A covered by this certification was shipped to {NAME
OF U.S. PARTY TO WHOM MERCHANDISE WAS SHIPPED{time} , located at
{U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED{time} ;
G. I understand that {NAME OF FOREIGN COMPANY THAT MADE THE SALE
TO THE UNITED STATES 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) the date
that is five years after the latest date of the entries covered by
the certification; or (2) the date that is three years after the
conclusion of any litigation in the United States courts regarding
such entries;
H. I understand that {NAME OF FOREIGN COMPANY THAT MADE THE SALE
TO THE UNITED STATES{time} is required to provide the U.S. importer
with a copy of this certification and is required to provide U.S.
Customs and Border Protection (CBP) and/or the U.S. Department of
Commerce (Commerce) with this certification, and any supporting
documents, upon request of either agency;
I. I understand that the claims made herein, and the
substantiating documentation are subject to verification by CBP and/
or Commerce;
J. I understand that failure to maintain the required
certification and supporting documentation, or failure to
substantiate the claims made herein, or not allowing 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 order on R-410A from
Turkey. I understand that such a finding will result in:
(i) suspension of all unliquidated entries (and entries for
which liquidation has not become final) for which these requirements
were not met;
(ii) the importer being required to post the cash deposits
determined by Commerce; and
[[Page 85876]]
(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{time}
{TITLE OF COMPANY OFFICIAL {time}
{DATE{time}
[FR Doc. 2023-27130 Filed 12-8-23; 8:45 am]
BILLING CODE 3510-DS-P
