Antidumping Duty Order on Hydrofluorocarbon Blends From the People's Republic of China: Preliminary Affirmative Determination of Circumvention With Respect to R-410B From the Republic of Turkey, 16536-16540 [2024-04882]

Download as PDF 16536 Federal Register / Vol. 89, No. 46 / Thursday, March 7, 2024 / Notices International Trade Administration that followed the initiation of this circumvention inquiry, see the Preliminary Decision Memorandum.4 [A–570–028] Scope of the Order Antidumping Duty Order on Hydrofluorocarbon Blends From the People’s Republic of China: Preliminary Affirmative Determination of Circumvention With Respect to R– 410B From the Republic of Turkey 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 DEPARTMENT OF COMMERCE Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce preliminarily determines that imports of R–410B from the Republic of Turkey (Turkey), which are completed in Turkey using components originating in the People’s Republic of China (China), and further processed in the United States, as specified below, are circumventing the antidumping duty (AD) order on hydrofluorocarbon (HFC) blends from China. DATES: Applicable March 7, 2024. FOR FURTHER INFORMATION CONTACT: Melissa Porpotage, AD/CVD Operations, Office IX, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1413. SUPPLEMENTARY INFORMATION: AGENCY: khammond on DSKJM1Z7X2PROD with NOTICES Background On August 19, 2016, Commerce published the Order in the Federal Register.1 On July 7, 2023, Commerce initiated a country-wide circumvention inquiry to determine whether imports of R–410B from Turkey, completed in Turkey using HFC components R-32 (difluoromethane) and R-125 (pentafluoroethane) (collectively, Chinaorigin components) manufactured in China, and further processed in the United States are circumventing the Order and, accordingly, should be covered by the 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 Sogutma).3 For a complete description of the events 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 25, 2023; see also Commerce’s Letter, ‘‘R–410B from Turkey Initial Questionnaire,’’ dated August 28, 2023. VerDate Sep<11>2014 16:13 Mar 06, 2024 Jkt 262001 Merchandise Subject to the Circumvention Inquiry 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 Adverse Facts Available (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 Methodology use the facts otherwise available in Commerce is conducting this reaching the applicable determination. circumvention inquiry in accordance Moreover, pursuant to section 776(b) of with section 781(a) of the Tariff Act of the Act, Commerce may use inferences 1930, as amended (the Act), and 19 CFR adverse to the interests of an interested 351.226. For a complete description of party in selecting from among the facts the methodology underlying this otherwise available if the party fails to circumvention inquiry, see the cooperate by not acting to the best of its Preliminary Decision Memorandum. A ability to provide requested information. list of topics discussed in the Commerce requested information Preliminary Decision Memorandum is from Cantas and ICE Sogutma. In these included in Appendix I to this notice. initial questionnaires, Commerce The Preliminary Decision Memorandum explained that, if the company to which is a public document and is on file Commerce issued the questionnaire fails electronically via Enforcement and to respond to the questionnaire, or fails Compliance’s Antidumping and to provide the requested information, Countervailing Duty Centralized Commerce may find that the company Electronic Service System (ACCESS). failed to cooperate by not acting to the ACCESS is available to registered users best of its ability to comply with the at https://access.trade.gov. In addition, a request for information, and may use an complete version of the Preliminary inference that is adverse to the Decision Memorandum can be accessed company’s interests in selecting from directly at https://access.trade.gov/ the facts otherwise available. Cantas, public/FRNoticesListLayout.aspx. one of the mandatory respondents in Turkey, received, but failed to respond Preliminary Circumvention to, Commerce’s questionnaire.6 Determination Therefore, we preliminarily find that As detailed in the Preliminary Cantas failed to provide requested Decision Memorandum, and the ‘‘Application of Facts Available and Use information by the deadline or in the form and manner requested, and of Adverse Inferences’’ section, significantly impeded this inquiry. Commerce preliminarily determines that R–410B from Turkey, completed in Moreover, we find that this company failed to cooperate to the best of its Turkey using HFC components from ability to provide the requested China, that is further processed in the information because it did not provide United States, is circumventing the a response to Commerce’s initial Order on a country-wide basis. As a result, in accordance with section 781(a) questionnaire. Consequently, we used adverse inferences with respect to of the Act, we preliminarily determine Cantas in selecting from among the facts that the inquiry merchandise should be otherwise available on the record, included within the scope of the Order. pursuant to sections 776(a) and (b) of the Act. For details regarding the AFA 4 See Memorandum, ‘‘Antidumping Duty Order on Hydrofluorocarbon Blends from the People’s used in this preliminary determination, Republic of China: Preliminary Decision see the Preliminary Decision Memorandum for the Circumvention Inquiry with Memorandum. Respect to R–410B from the Republic of Turkey,’’ This circumvention inquiry covers imports of R–410B from Turkey, which are completed in Turkey using Chinaorigin HFC components and further processed in the United States (inquiry merchandise). dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 5 Id. at 3–4. PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 6 Id. at 4–6; see also Memorandum, ‘‘Delivery Confirmation,’’ dated September 1, 2023. E:\FR\FM\07MRN1.SGM 07MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 89, No. 46 / Thursday, March 7, 2024 / Notices As detailed in the Preliminary Decision Memorandum, based on AFA, we preliminarily determine that Cantas further processed the inquiry merchandise in the United States into subject merchandise, and that U.S. entries of that merchandise are circumventing the Order. Additionally, we preliminarily find that Cantas is precluded from participating in the certification program that we are establishing for exports of R–410B completed in Turkey using HFC components from China, that is further processed in the United States. 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.9 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 thirdcountry case number above. These suspension of liquidation instructions will remain in effect until further notice. 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– 410B, completed in Turkey using Chinaorigin 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.7 CBP shall require cash deposits in accordance with the rate established for the China-wide entity, i.e., 216.37 percent,8 for entries of such merchandise produced in Turkey. R–410B produced in Turkey from HFC blends that is not of Chinese-origin is not subject to this inquiry. Therefore, cash deposits are not required for such merchandise under the Order. If an importer imports R–410B from Turkey and claims that it was not produced using China-origin HFC components and/or not further processed into subject merchandise in the United States, 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. 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–410B from Turkey produced or exported by Cantas, 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 either the 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. 7 See 8 See Initiation Notice, 88 FR at 43275. Order, 81 FR at 55438. VerDate Sep<11>2014 16:13 Mar 06, 2024 Jkt 262001 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–410B 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 and/or it is not further processed into subject merchandise in the United States (see Appendix II to this notice). Because Cantas was non-cooperative, it is not currently eligible to participate in the certification program described above.10 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 9 Cantas is not currently eligible to participate in the certification program as either the producer or exporter. In addition, other parties exporting R– 410B produced by Cantas will likewise not be eligible to participate in the certification program with regard to such products. 10 See Preliminary Decision Memorandum at the ‘‘Application of Facts Available and Use of Adverse Inferences’’ section; see also, e.g., Anticircumvention 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). PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 16537 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 opportunity during the anniversary month of the publication of the Order to submit such review requests. The anniversary month for this Order is August. Importers and exporters that claim that their entries of R–410B from Turkey are not subject to suspension of liquidation or the collection of cash deposits because the merchandise is not made with China-origin components and/or is not further processed into subject merchandise in the United States must complete the applicable certifications 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. However, agents of the importer, such as brokers, 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 E:\FR\FM\07MRN1.SGM 07MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 16538 Federal Register / Vol. 89, No. 46 / Thursday, March 7, 2024 / Notices party selling the R–410B that was manufactured in Turkey and exported 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–410B 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–410B from Turkey that were declared as non-AD type entries (e.g., 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 this circumvention inquiry), 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 VerDate Sep<11>2014 16:13 Mar 06, 2024 Jkt 262001 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,11 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. 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 any 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.12 Interested parties who submit case briefs or rebuttal briefs in these proceedings must submit: (1) a statement of the issue; and (2) a table of authorities.13 Case and rebuttal briefs should be filed using ACCESS. 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 this circumvention inquiry, we instead request that interested parties provide at the beginning of their briefs a public, executive summary for each issue raised in their briefs.14 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).15 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, filed electronically via ACCESS. 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 (3) a list of the issues that the party intends to discuss at the hearing. Oral presentations at the hearing will be limited to issues raised in the briefs. If a request for a hearing is made, parties will be notified of the time and date for 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 11 See Order. 12 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) (APO and Final Service Rule). 13 See 19 CFR 351.309(c)(2) and (d)(2). 14 We use the term ‘‘issue’’ here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 Commerce is issuing and publishing this determination in accordance with section 781(b) of the Act and 19 CFR 351.226(g)(1). 15 See Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings; Final Rule, 88 FR 67069 (September 29, 2023). E:\FR\FM\07MRN1.SGM 07MRN1 Federal Register / Vol. 89, No. 46 / Thursday, March 7, 2024 / Notices Dated: March 1, 2024. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the 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. Statutory Analysis for the Circumvention Inquiry IX. Summary of Statutory Analysis X. Country-Wide Affirmative Determination of Circumvention and Certification Requirements XI. Recommendation khammond on DSKJM1Z7X2PROD with NOTICES Appendix II—Importer Certification I hereby certify that: A. My name is {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–410B produced in Turkey that entered under the entry number(s) identified below, and which is 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–410B covered by this certification was imported by {IMPORTING COMPANY} on behalf of {U.S. CUSTOMER}, located at {ADDRESS OF U.S. CUSTOMER}; 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–410B 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. Select appropriate statement below: llThe R–410B covered by this certification does not contain HFC Components produced in China. llI have direct personal knowledge of the facts regarding the end use of the imported product because my company is the end user of the imported product covered by VerDate Sep<11>2014 16:13 Mar 06, 2024 Jkt 262001 this certification and I certify that the imported R–410B from Turkey will not be used to produce subject merchandise. ‘‘Direct personal knowledge’’ includes information contained within my company’s books and records. llI do not have personal knowledge of the facts regarding the end use of the imported product because my company is not the end user of the imported product covered by this certification. However, I have been able to contact the end user of the imported product and confirm that it will not use this product to produce subject merchandise. The end user of the imported product is {COMPANY NAME} located at {ADDRESS}. ‘‘Personal knowledge’’ includes facts obtained from another party (e.g., correspondence received by the importer from the end user of the product). F. The imported R–410B covered by this certification will not be further processed into in-scope HFC blends in the United States. G. 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: 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 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; J. I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or Commerce. K. 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 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 16539 the antidumping duty (AD) order on hydrofluorocarbon blends from the People’s Republic of China. 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 requirement that the importer post applicable antidumping duty cash deposits (as appropriate) equal to the rates determined by Commerce; and (iii) the importer no longer being allowed to participate in the certification process. L. I understand that agents of the importer, such as brokers, are not permitted to make this certification. M. This certification was completed by the time of filing the entry summary, if the entry date is more than 14 days after the publication of Commerce’s preliminary determination of circumvention in the Federal Register, or within 45 days of the date on which Commerce published its notice of preliminary determination of circumvention in the Federal Register. N. 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 llllllllllllllll {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–410B 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–410B, and the individual components thereof, covered by this certification was 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–410B produced in Turkey does not contain HFC components (i.e., R–32 and R–125) produced in the People’s Republic of China (China), regardless of whether sourced directly from a Chinese producer or from a downstream supplier; 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: E:\FR\FM\07MRN1.SGM 07MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 16540 Federal Register / Vol. 89, No. 46 / Thursday, March 7, 2024 / Notices 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. 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; G. 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; H. I understand that the claims made herein, and the substantiating documentation are subject to verification by CBP and/or Commerce; I. 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 hydrofluorocarbon blends from the People’s Republic of China. 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 (iii) the seller/exporter no longer being allowed to participate in the certification process. J. I understand that agents of the seller/ exporter, such as freight forwarding companies or brokers, are not permitted to make this certification. K. This certification was completed at the time of shipment, if the entry date is more than 14 days after the publication of Commerce’s preliminary determination of circumvention in the Federal Register, or within 45 days of the date on which Commerce published its preliminary determination of circumvention in the Federal Register. L. I am aware that U.S. law (including, but not limited to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who VerDate Sep<11>2014 16:13 Mar 06, 2024 Jkt 262001 knowingly and willfully make material false statements to the U.S. government. Signature llllllllllllllll {NAME OF COMPANY OFFICIAL} {TITLE OF COMPANY OFFICIAL } {DATE} [FR Doc. 2024–04882 Filed 3–6–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Announcement of Approved International Trade Administration Trade Mission International Trade Administration, Department of Commerce. SUMMARY: The United States Department of Commerce, International Trade Administration (ITA), is announcing one upcoming trade mission that will be recruited, organized, and implemented by ITA. This mission is: Global Diversity Export Initiative (GDEI) Trade Mission to Saudi Arabia—December 8– 9, 2024. A summary of the mission is found below. Application information and more detailed mission information, including the commercial setting and sector information, can be found at the trade mission website: https:// www.trade.gov/trade-missions. For each mission, recruitment will be conducted in an open and public manner, including publication in the Federal Register, posting on the Commerce Department trade mission calendar (https://www.trade.gov/trade-missionsschedule) and other internet websites, press releases to general and trade media, direct mail, broadcast fax, notices by industry trade associations and other multiplier groups, and publicity at industry meetings, symposia, conferences, and trade shows. FOR FURTHER INFORMATION CONTACT: Jeffrey Odum, Global Trade Programs, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–6397 or email Jeffrey.Odum@trade.gov. SUPPLEMENTARY INFORMATION: AGENCY: The Following Conditions for Participation Will Be Used for the Mission Applicants must submit a completed and signed mission application and supplemental application materials, including adequate information on their products and/or services, primary market objectives, and goals for participation that is adequate to allow the Department of Commerce to PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 evaluate their application. If the Department of Commerce receives an incomplete application, the Department of Commerce may either: reject the application, request additional information/clarification, or take the lack of information into account when evaluating the application. If the requisite minimum number of participants is not selected for a particular mission by the recruitment deadline, the mission may be cancelled. Each applicant must also certify that the products and services it seeks to export through the mission are either produced in the United States, or, if not, are marketed under the name of a U.S. firm and have at least 51% U.S. content by value. In the case of a trade association or organization, the applicant must certify that, for each firm or service provider to be represented by the association/organization, the products and/or services the represented firm or service provider seeks to export are either produced in the United States or, if not, marketed under the name of a U.S. firm and have at least 51% U.S. content by value. A trade association/organization applicant must certify and agree to the above for every company it seeks to represent on the mission. In addition, each applicant must: • Certify that the products and services that it wishes to market through the mission would be in compliance with U.S. export controls and regulations; • Certify that it has identified any matter pending before any bureau or office in the Department of Commerce; • Certify that it has identified any pending litigation (including any administrative proceedings) to which it is a party that involves the Department of Commerce; and • Sign and submit an agreement that it and its affiliates (1) have not and will not engage in the bribery of foreign officials in connection with a company’s/participant’s involvement in this mission, and (2) maintain and enforce a policy that prohibits the bribery of foreign officials. In the case of a trade association/ organization, the applicant must certify that each firm or service provider to be represented by the association/ organization can make the above certifications. The Following Selection Criteria Will Be Used for the Mission Targeted mission participants are U.S. firms, services providers and trade associations/organizations providing or promoting U.S. products and services that have an interest in entering or E:\FR\FM\07MRN1.SGM 07MRN1

Agencies

[Federal Register Volume 89, Number 46 (Thursday, March 7, 2024)]
[Notices]
[Pages 16536-16540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04882]



[[Page 16536]]

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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-410B 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-410B from the Republic of Turkey (Turkey), which are 
completed in Turkey using components originating in the People's 
Republic of China (China), and further processed in the United States, 
as specified below, are circumventing the antidumping duty (AD) order 
on hydrofluorocarbon (HFC) blends from China.

DATES: Applicable March 7, 2024.

FOR FURTHER INFORMATION CONTACT: Melissa Porpotage, AD/CVD Operations, 
Office IX, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1413.

SUPPLEMENTARY INFORMATION:

Background

    On August 19, 2016, Commerce published the Order in the Federal 
Register.\1\ On July 7, 2023, Commerce initiated a country-wide 
circumvention inquiry to determine whether imports of R-410B from 
Turkey, completed in Turkey using HFC components R-32 (difluoromethane) 
and R-125 (pentafluoroethane) (collectively, China-origin components) 
manufactured in China, and further processed in the United States are 
circumventing the Order and, accordingly, should be covered by the 
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 Sogutma).\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 25, 
2023; see also Commerce's Letter, ``R-410B from Turkey Initial 
Questionnaire,'' dated August 28, 2023.
    \4\ See Memorandum, ``Antidumping Duty Order on 
Hydrofluorocarbon Blends from the People's Republic of China: 
Preliminary Decision Memorandum for the Circumvention Inquiry with 
Respect to R-410B 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 3-4.
---------------------------------------------------------------------------

Merchandise Subject to the Circumvention Inquiry

    This circumvention inquiry covers imports of R-410B from Turkey, 
which are completed in Turkey using China-origin HFC components and 
further processed in the United States (inquiry merchandise).

Methodology

    Commerce is conducting this circumvention inquiry in accordance 
with section 781(a) 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 
``Application of Facts Available and Use of Adverse Inferences'' 
section, Commerce preliminarily determines that R-410B from Turkey, 
completed in Turkey using HFC components from China, that is further 
processed in the United States, is circumventing the Order on a 
country-wide basis. As a result, in accordance with section 781(a) 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 Adverse Facts Available (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 Sogutma. 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 4-6; 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 this company 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 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 AFA used in this preliminary 
determination, see the Preliminary Decision Memorandum.

[[Page 16537]]

    As detailed in the Preliminary Decision Memorandum, based on AFA, 
we preliminarily determine that Cantas further processed the inquiry 
merchandise in the United States into subject merchandise, and that 
U.S. entries of that merchandise are circumventing the Order. 
Additionally, we preliminarily find that Cantas is precluded from 
participating in the certification program that we are establishing for 
exports of R-410B completed in Turkey using HFC components from China, 
that is further processed in the United States.

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-410B, 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.\7\ 
CBP shall require cash deposits in accordance with the rate established 
for the China-wide entity, i.e., 216.37 percent,\8\ for entries of such 
merchandise produced in Turkey.
---------------------------------------------------------------------------

    \7\ See Initiation Notice, 88 FR at 43275.
    \8\ See Order, 81 FR at 55438.
---------------------------------------------------------------------------

    R-410B produced in Turkey from HFC blends that is not of Chinese-
origin is not subject to this inquiry. Therefore, cash deposits are not 
required for such merchandise under the Order. If an importer imports 
R-410B from Turkey and claims that it was not produced using China-
origin HFC components and/or not further processed into subject 
merchandise in the United States, 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. 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-410B 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.\9\
---------------------------------------------------------------------------

    \9\ Cantas is not currently eligible to participate in the 
certification program as either the producer or exporter. In 
addition, other parties exporting R-410B 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 either the 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-410B 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 and/or 
it is not further processed into subject merchandise in the United 
States (see Appendix II to this notice).
    Because Cantas was non-cooperative, it is not currently eligible to 
participate in the certification program described above.\10\ 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 
opportunity during the anniversary month of the publication of the 
Order to submit such review requests. The anniversary month for this 
Order is August.
---------------------------------------------------------------------------

    \10\ See Preliminary Decision Memorandum at the ``Application of 
Facts Available and Use of 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 their entries of R-410B 
from Turkey are not subject to suspension of liquidation or the 
collection of cash deposits because the merchandise is not made with 
China-origin components and/or is not further processed into subject 
merchandise in the United States must complete the applicable 
certifications 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. However, agents 
of the importer, such as brokers, 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

[[Page 16538]]

party selling the R-410B that was manufactured in Turkey and exported 
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-410B 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-410B from Turkey that were declared as non-AD type 
entries (e.g., 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 this circumvention inquiry), 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,\11\ 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.
---------------------------------------------------------------------------

    \11\ See Order.
---------------------------------------------------------------------------

    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 any 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.\12\ Interested parties who submit case briefs or rebuttal 
briefs in these proceedings must submit: (1) a statement of the issue; 
and (2) a table of authorities.\13\ Case and rebuttal briefs should be 
filed using ACCESS.
---------------------------------------------------------------------------

    \12\ 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) (APO and Final Service Rule).
    \13\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    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 this circumvention inquiry, we instead 
request that interested parties provide at the beginning of their 
briefs a public, executive summary for each issue raised in their 
briefs.\14\ 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).\15\
---------------------------------------------------------------------------

    \14\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \15\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings; Final 
Rule, 88 FR 67069 (September 29, 2023).
---------------------------------------------------------------------------

    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, 
filed electronically via ACCESS. 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 (3) a list of the issues that the party intends to discuss at the 
hearing. Oral presentations at the hearing will be limited to issues 
raised in the briefs. If a request for a hearing is made, parties will 
be notified of the time and date for 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).


[[Page 16539]]


    Dated: March 1, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the 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. Statutory Analysis 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. My name is {IMPORTING COMPANY OFFICIAL'S NAME{time}  and I am 
an official of {NAME OF IMPORTING COMPANY{time} , located at 
{ADDRESS of IMPORTING COMPANY{time} .
    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-410B produced in Turkey that entered 
under the entry number(s) identified below, and which is 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-410B covered by this certification was imported by 
{IMPORTING COMPANY{time}  on behalf of {U.S. CUSTOMER{time} , 
located at {ADDRESS OF U.S. CUSTOMER{time} ;
    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-410B 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. Select appropriate statement below:
    __The R-410B covered by this certification does not contain HFC 
Components produced in China.
    __I have direct personal knowledge of the facts regarding the 
end use of the imported product because my company is the end user 
of the imported product covered by this certification and I certify 
that the imported R-410B from Turkey will not be used to produce 
subject merchandise. ``Direct personal knowledge'' includes 
information contained within my company's books and records.
    __I do not have personal knowledge of the facts regarding the 
end use of the imported product because my company is not the end 
user of the imported product covered by this certification. However, 
I have been able to contact the end user of the imported product and 
confirm that it will not use this product to produce subject 
merchandise. The end user of the imported product is {COMPANY 
NAME{time}  located at {ADDRESS{time} . ``Personal knowledge'' 
includes facts obtained from another party (e.g., correspondence 
received by the importer from the end user of the product).
    F. The imported R-410B covered by this certification will not be 
further processed into in-scope HFC blends in the United States.
    G. 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:

    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 
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;
    J. I understand that the claims made herein, and the 
substantiating documentation, are subject to verification by CBP 
and/or Commerce.
    K. 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 
hydrofluorocarbon blends from the People's Republic of China. 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 requirement that the importer post applicable 
antidumping duty cash deposits (as appropriate) equal to the rates 
determined by Commerce; and
    (iii) the importer no longer being allowed to participate in the 
certification process.
    L. I understand that agents of the importer, such as brokers, 
are not permitted to make this certification.
    M. This certification was completed by the time of filing the 
entry summary, if the entry date is more than 14 days after the 
publication of Commerce's preliminary determination of circumvention 
in the Federal Register, or within 45 days of the date on which 
Commerce published its notice of preliminary determination of 
circumvention in the Federal Register.
    N. 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-
410B 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-410B, and the individual components thereof, covered by 
this certification was 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-410B produced in Turkey does not contain HFC components 
(i.e., R-32 and R-125) produced in the People's Republic of China 
(China), regardless of whether sourced directly from a Chinese 
producer or from a downstream supplier;
    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:

[[Page 16540]]

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. I understand that {NAME OF FOREIGN COMPANY THAT MADE THE SALE 
TO THE UNITED STATES{time}  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;
    G. 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;
    H. I understand that the claims made herein, and the 
substantiating documentation are subject to verification by CBP and/
or Commerce;
    I. 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 hydrofluorocarbon 
blends from the People's Republic of China. 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
    (iii) the seller/exporter no longer being allowed to participate 
in the certification process.
    J. I understand that agents of the seller/exporter, such as 
freight forwarding companies or brokers, are not permitted to make 
this certification.
    K. This certification was completed at the time of shipment, if 
the entry date is more than 14 days after the publication of 
Commerce's preliminary determination of circumvention in the Federal 
Register, or within 45 days of the date on which Commerce published 
its preliminary determination of circumvention in the Federal 
Register.
    L. 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. 2024-04882 Filed 3-6-24; 8:45 am]
BILLING CODE 3510-DS-P

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