Antidumping Duty Order on Hydrofluorocarbon Blends From the People's Republic of China: Final Affirmative Determination of Circumvention With Respect to R-410A and R-407C From Malaysia, 49842-49844 [2024-12840]

Download as PDF ddrumheller on DSK120RN23PROD with NOTICES1 49842 Federal Register / Vol. 89, No. 114 / Wednesday, June 12, 2024 / Notices The term ‘‘disposable’’ is used to identify an aluminum article that is designed to be used once, or for a limited number of times, and then recycled or otherwise disposed. ‘‘Containers, pans, and trays’’ are receptacles for holding goods. The subject disposable aluminum lids are intended to be used in combination with disposable containers produced from aluminum or other materials (e.g., paper or plastic). Where a disposable aluminum lid is imported with a non-aluminum container, only the disposable aluminum lid is included in the scope. Disposable aluminum containers, pans, trays, and lids are also included within the scope regardless of whether the surface has been embossed, printed, coated (including with a non-stick substance), or decorated, and regardless of the style of the edges. The inclusion of a non-aluminum lid or dome sold or packaged with an otherwise in-scope article does not remove the article from the scope, however, only the disposable aluminum container, pan, tray, and lid is covered by the scope definition. Disposable aluminum containers, pans, trays, and lids are typically used in foodrelated applications, including but not limited to food preparation, packaging, baking, barbequing, reheating, takeout, or storage, but also have other uses. Regardless of end use, disposable aluminum containers, pans, trays, and lids that meet the scope definition and are not otherwise excluded are subject merchandise. Excluded from the scope are disposable aluminum casks, drums, cans, boxes and similar containers (including disposable aluminum cups and bottles) properly classified under Harmonized Tariff Schedule of the United States (HTSUS) subheading 7612.90. However, aluminum containers, pans, trays, and lids that would otherwise be covered by the scope are not excluded based solely on the fact that they are being classified under HTSUS subheading 7612.90.5000 due to the thickness of aluminum being less than 0.04 mm or greater than 0.22 mm. The flat-rolled aluminum used to produce the subject articles may be made to ASTM specifications ASTM B479 or ASTM B209– 14, but can also be made to other specifications. Regardless of the specification, however, all disposable aluminum containers, pans, trays, and lids meeting the scope description are included in the scope. Disposable aluminum containers, pans, trays, and lids are currently classifiable under HTSUS subheading 7615.10.7125. Further, merchandise that falls within the scope of this proceeding may also be entered into the United States under HTSUS subheadings 7612.90.1090, 7615.10.3015, 7615.10.3025, 7615.10.7130, 7615.10.7155, 7615.10.7180, 7615.10.9100, and 8309.90.0000. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this proceeding is dispositive. [FR Doc. 2024–12848 Filed 6–11–24; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 17:43 Jun 11, 2024 Jkt 262001 DEPARTMENT OF COMMERCE International Trade Administration [A–580–809] Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2021– 2022; Correction Enforcement and Compliance, International Trade Administration, Department of Commerce. ACTION: Notice; correction. AGENCY: The U.S. Department of Commerce (Commerce) published notice in the Federal Register of June 5, 2024 in which Commerce published the final results of the 2021–2022 administrative review of the antidumping duty (AD) order on circular welded non-alloy steel pipe (CWP) from the Republic of Korea (Korea). This notice incorrectly listed two companies in Appendix II, incorrectly excluded one company from Appendix II, and incorrectly stated the name of another company in Appendix II. FOR FURTHER INFORMATION CONTACT: Dusten Hom, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5075. SUPPLEMENTARY INFORMATION: SUMMARY: Background On June 5, 2024, Commerce published in the Federal Register the final results of the 2021–2022 administrative review of the AD order on CWP from Korea.1 In Appendix II that lists the companies not individually examined, we inadvertently included the companies, Vesta Co., Ltd., which was not an initiated company in this review, and Hyundai Steel Company, which was a mandatory respondent company, not a non-examined company. We also misspelled the name of the company Samkand M&T as ‘‘Samkang M&T’’ and did not include NEXTEEL Co., Ltd. in Appendix II. Correction In the Federal Register of June 5, 2024, in FR Doc 2024–12344, on page 48145, in the second column, correct the appendix entitled ‘‘Appendix II— 1 See Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2021–2022, 89 FR 48143 (June 5, 2024). PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 List of Companies Not Individually Examined’’ by removing ‘‘Hyundai Steel Company’’ and ‘‘Vesta Co., Ltd.,’’ adding ‘‘NEXTEEL Co., Ltd.,’’ and changing ‘‘Samkang M&T’’ to ‘‘Samkand M & T.’’ The corrected appendix entitled ‘‘Appendix II—List of Companies Not Individually Examined’’ is attached to this notice. Notification to Interested Parties This notice is issued and published in accordance with section 751(a) of the Tariff Act of 1930, as amended, and 19 CFR 351.213. Dated: June 6, 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 II List of Companies Not Selected for Individual Examination 1. Aju Besteel 2. Bookook Steel 3. Chang Won Bending 4. Dae Ryung 5. Daewoo Shipbuilding & Marine Engineering 6. Daiduck Piping 7. Dong Yang Steel Pipe 8. Dongbu Steel 9. EEW Korea Company 10. Hyundai RB 11. Kiduck Industries 12. Kum Kang Kind 13. Kumsoo Connecting 14. Miju Steel Mfg 15. NEXTEEL Co., Ltd. 16. Samkand M & T 17. Seah FS 18. SeAH Steel Corporation 19. Steel Flower 20. YCP Co., Ltd [FR Doc. 2024–12851 Filed 6–11–24; 8:45 am] 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: Final 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) determines that imports of R–410A and R–407C, completed in Malaysia using the People’s Republic of China (China)AGENCY: E:\FR\FM\12JNN1.SGM 12JNN1 ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 89, No. 114 / Wednesday, June 12, 2024 / Notices origin hydrofluorocarbon (HFC) components, and exported from Malaysia, are circumventing the antidumping duty (AD) order on HFC blends from China. DATES: Applicable June 12, 2024. FOR FURTHER INFORMATION CONTACT: Jerry Xiao, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2273. SUPPLEMENTARY INFORMATION: (ACCESS). ACCESS is available to registered users at https://access. trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. 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 pursuant to section 781(b) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.226(d)(1)(ii) to determine whether imports of R–410A and R– 407C, completed in Malaysia using HFC components manufactured in China, are circumventing the Order and, accordingly, should be covered by the scope of the Order.2 On December 11, 2023, Commerce published in the Federal Register its Preliminary Determination that imports of R–410A and R–407C completed in Malaysia using China-origin HFC components and subsequently exported from Malaysia to the United States are circumventing the Order.3 For a summary of events that occurred since the Preliminary Determination, as well as a full discussion of the issues raised by parties for consideration in the final determination, see the Issues and Decision Memorandum.4 The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System Merchandise Subject to the Circumvention Inquiry 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 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, 88 FR 85876 (December 11, 2023) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 4 See Memorandum, ‘‘Decision Memorandum for the Circumvention Inquiry of the Antidumping Duty Order on Hydrofluorocarbon Blends from the People’s Republic of China with Respect to Imports of R–410A and R–407C from Malaysia,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). VerDate Sep<11>2014 17:43 Jun 11, 2024 Jkt 262001 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 Issues and Decision Memorandum. This circumvention inquiry covers HFC blends R–410A and R–407C, completed in Malaysia using Chinaorigin HFC components and subsequently exported from Malaysia to the United States (inquiry merchandise). Methodology Commerce is conducting this circumvention inquiry in accordance with section 781(b) of the Act, and 19 CFR 351.226. See Preliminary Determination PDM for a full description of the methodology.5 We have continued to apply this methodology, without exception, and incorporate by reference this description of the methodology, for our final determination. Analysis of Comments Received All issues raised in this inquiry are addressed in the Issues and Decision Memorandum. A list of the issues raised is attached to this notice in the appendix. Based on our analysis of the comments received from the petitioner, we made the following change to the Preliminary Determination: we determine to apply retroactive suspension of liquidation to respondent Juara Teguh Resources PLT (Juara), as well as on a country-wide basis, effective November 4, 2021. Final Circumvention Determination We determine that imports of R–410A and R–407C completed in Malaysia by Juara, using China-origin HFC components that are subsequently exported from Malaysia to the United States, are circumventing the Order. As a result, in accordance with section 781(b) of the Act, we determine that this merchandise should be included within the scope of the Order. For a detailed explanation of our determination with respect to Juara, see Preliminary Determination PDM, the Issues and 5 See PO 00000 Preliminary Determination PDM at 3–13. Frm 00020 Fmt 4703 Sfmt 4703 49843 Decision Memorandum, and the ‘‘Use of Adverse Facts Available’’ section below. We also determine that imports of R– 410A and R–407C completed in Malaysia using China-origin HFC components, that are subsequently exported from Malaysia to the United States, are circumventing the Order on a country-wide basis. As a result, in accordance with section 781(b) of the Act, we determine that this 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. Use of Adverse Facts Available (AFA) In this inquiry, Commerce continues to find that necessary information is not available on the record with respect to Juara within the meaning of section 776(a)(1) of the Act, and that Juara withheld requested information, failed to provide requested information by the deadline or in the form or manner requested, and significantly impeded the inquiry pursuant to sections 776(a)(1), (A), (B), and (C) of the Act. Moreover, Commerce continues to find that this company failed to cooperate by not acting to the best of its ability to provide the requested information pursuant to section 776(b)(1) of the Act. Consequently, we continue to use adverse inferences with respect to Juara in selecting from among the facts otherwise available on the record, pursuant to sections 776(a) and (b) of the Act, for the reasons discussed in the Preliminary Determination and the Issues and Decision Memorandum.6 Based on AFA, we determine that Juara exported inquiry merchandise and that U.S. entries of that merchandise are circumventing the Order. Interested parties that wish to have their suspended entries, if any, reviewed should request an administrative review of the relevant suspended entries during the next anniversary month of the Order (i.e., August 2024).7 Suspension of Liquidation and Cash Deposit Requirements Based on the affirmative country-wide determination of circumvention for Malaysia, in accordance with 19 CFR 351.226(l)(3)(iii)(A), we will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of any unliquidated entries of subject merchandise from Malaysia entered, or withdrawn from 6 See Preliminary Determination PDM; see also Issues and Decision Memorandum at Comment 1. 7 See 19 CFR 351.213(b). E:\FR\FM\12JNN1.SGM 12JNN1 49844 Federal Register / Vol. 89, No. 114 / Wednesday, June 12, 2024 / Notices warehouse for consumption, prior to the date of publication of the notice of initiation of the inquiry, up to, and including, November 4, 2021,8 which is a departure from our standard practice of applying the date specified in 19 CFR 351.226(l)(3)(ii) (i.e., the date of publication of the initiation notice).9 CBP shall require cash deposits in accordance with the rate established for the China-wide entity (i.e. 216.37 percent).10 Commerce has established the following third-country case number for Malaysia in the Automated Commercial Environment (ACE) for such entries: A– 557–300–000. For Juara, Commerce will direct CBP, for all entries of R–410A or R–407C from Malaysia produced or exported by Juara, to suspend liquidation and require a cash deposit at the AD cash deposit rate established for the China-wide entity (i.e., 216.37 percent), under this third-country case number, A–557–300–000. R–410A and R–407C produced in Malaysia that is not from China-origin HFC blends is not subject to this inquiry. Therefore, cash deposits are not required for such merchandise under the Order. These suspension of liquidation instructions will remain in effect until further notice. ddrumheller on DSK120RN23PROD with NOTICES1 Opportunity To Request an Administrative Review Each year during the anniversary month of the publication of an AD or 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 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 requests. The anniversary month for this Order is August. Administrative Protective Order This notice will serve as the only reminder to all parties subject to an administrative protective order (APO) of their responsibility concerning the destruction of proprietary information 8 November 4, 2021, was the date Commerce’s circumvention regulations became effective. See Regulations To Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20, 2021). 9 See Issues and Decision Memorandum at Comment 1. 10 See Order, 81 FR at 55438. VerDate Sep<11>2014 17:43 Jun 11, 2024 Jkt 262001 disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties This determination is issued and published in accordance with section 781(b) of the Act and 19 CFR 351.226(g)(2). Dated: June 5, 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 List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Merchandise Subject to the Circumvention Inquiry V. Period of Circumvention Inquiry VI. Changes from the Preliminary Determination VII. Discussion of the Issues Comment 1: Retroactive Suspension of Liquidation and Cash Deposit Requirement Comment 2: Certification Requirement VIII. Recommendation [FR Doc. 2024–12840 Filed 6–11–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Initiation of Antidumping and Countervailing Duty Administrative Reviews Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) has received requests to conduct administrative reviews of various antidumping duty (AD) and countervailing duty (CVD) orders with April anniversary dates. In accordance with Commerce’s regulations, we are initiating those administrative reviews. DATES: Applicable June 12, 2024. FOR FURTHER INFORMATION CONTACT: Brenda E. Brown, AD/CVD Operations, Customs Liaison Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue AGENCY: PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 NW, Washington, DC 20230, telephone: (202) 482–4735. SUPPLEMENTARY INFORMATION: Background Commerce has received timely requests, in accordance with 19 CFR 351.213(b), for administrative reviews of various AD and CVD orders with April anniversary dates. All deadlines for the submission of various types of information, certifications, or comments or actions by Commerce discussed below refer to the number of calendar days from the applicable starting time. Respondent Selection In the event that Commerce limits the number of respondents for individual examination for administrative reviews initiated pursuant to requests made for the orders identified below, Commerce intends to select respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports during the period of review (POR). We intend to place the CBP data on the record within five days of publication of the initiation notice and to make our decision regarding respondent selection within 35 days of publication of the initiation Federal Register notice. Comments regarding the CBP data and respondent selection should be submitted within seven days after the placement of the CBP data on the record of this review. Parties wishing to submit rebuttal comments should submit those comments within five days after the deadline for the initial comments. In the event that Commerce decides it is necessary to limit individual examination of respondents and conduct respondent selection under section 777A(c)(2) of the Tariff Act of 1930, as amended (the Act), the following guidelines regarding collapsing of companies for purposes of respondent selection will apply. In general, Commerce has found that determinations concerning whether particular companies should be ‘‘collapsed’’ (e.g., treated as a single entity for purposes of calculating AD rates) require a substantial amount of detailed information and analysis, which often require follow-up questions and analysis. Accordingly, Commerce will not conduct collapsing analyses at the respondent selection phase of this review and will not collapse companies at the respondent selection phase unless there has been a determination to collapse certain companies in a previous segment of this AD proceeding (e.g., investigation, administrative review, new shipper review, or changed circumstances review). For any E:\FR\FM\12JNN1.SGM 12JNN1

Agencies

[Federal Register Volume 89, Number 114 (Wednesday, June 12, 2024)]
[Notices]
[Pages 49842-49844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12840]


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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: Final Affirmative Determination of 
Circumvention With Respect to R-410A and R-407C From Malaysia

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
imports of R-410A and R-407C, completed in Malaysia using the People's 
Republic of China (China)-

[[Page 49843]]

origin hydrofluorocarbon (HFC) components, and exported from Malaysia, 
are circumventing the antidumping duty (AD) order on HFC blends from 
China.

DATES: Applicable June 12, 2024.

FOR FURTHER INFORMATION CONTACT: Jerry Xiao, AD/CVD Operations, Office 
II, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-2273.

SUPPLEMENTARY INFORMATION:

Background

    On August 19, 2016, Commerce published in the Federal Register the 
AD order on HFC blends from China.\1\ On July 7, 2023, Commerce 
initiated a country-wide circumvention inquiry pursuant to section 
781(b) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 
351.226(d)(1)(ii) to determine whether imports of R-410A and R-407C, 
completed in Malaysia using HFC components manufactured in China, are 
circumventing the Order and, accordingly, should be covered by the 
scope of the Order.\2\ On December 11, 2023, Commerce published in the 
Federal Register its Preliminary Determination that imports of R-410A 
and R-407C completed in Malaysia using China-origin HFC components and 
subsequently exported from Malaysia to the United States are 
circumventing the Order.\3\
---------------------------------------------------------------------------

    \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 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, 88 FR 85876 (December 11, 2023) (Preliminary 
Determination), and accompanying Preliminary Decision Memorandum 
(PDM).
---------------------------------------------------------------------------

    For a summary of events that occurred since the Preliminary 
Determination, as well as a full discussion of the issues raised by 
parties for consideration in the final determination, see the Issues 
and Decision Memorandum.\4\ The Issues and Decision Memorandum is a 
public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov. In addition, a complete version of the Issues 
and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Decision Memorandum for the Circumvention 
Inquiry of the Antidumping Duty Order on Hydrofluorocarbon Blends 
from the People's Republic of China with Respect to Imports of R-
410A and R-407C from Malaysia,'' dated concurrently with, and hereby 
adopted by, this notice (Issues and 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 Issues and 
Decision Memorandum.

Merchandise Subject to the Circumvention Inquiry

    This circumvention inquiry covers HFC blends R-410A and R-407C, 
completed in Malaysia using China-origin HFC components and 
subsequently exported from Malaysia to the United States (inquiry 
merchandise).

Methodology

    Commerce is conducting this circumvention inquiry in accordance 
with section 781(b) of the Act, and 19 CFR 351.226. See Preliminary 
Determination PDM for a full description of the methodology.\5\ We have 
continued to apply this methodology, without exception, and incorporate 
by reference this description of the methodology, for our final 
determination.
---------------------------------------------------------------------------

    \5\ See Preliminary Determination PDM at 3-13.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in this inquiry are addressed in the Issues and 
Decision Memorandum. A list of the issues raised is attached to this 
notice in the appendix. Based on our analysis of the comments received 
from the petitioner, we made the following change to the Preliminary 
Determination: we determine to apply retroactive suspension of 
liquidation to respondent Juara Teguh Resources PLT (Juara), as well as 
on a country-wide basis, effective November 4, 2021.

Final Circumvention Determination

    We determine that imports of R-410A and R-407C completed in 
Malaysia by Juara, using China-origin HFC components that are 
subsequently exported from Malaysia to the United States, are 
circumventing the Order. As a result, in accordance with section 781(b) 
of the Act, we determine that this merchandise should be included 
within the scope of the Order. For a detailed explanation of our 
determination with respect to Juara, see Preliminary Determination PDM, 
the Issues and Decision Memorandum, and the ``Use of Adverse Facts 
Available'' section below.
    We also determine that imports of R-410A and R-407C completed in 
Malaysia using China-origin HFC components, that are subsequently 
exported from Malaysia to the United States, are circumventing the 
Order on a country-wide basis. As a result, in accordance with section 
781(b) of the Act, we determine that this 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.

Use of Adverse Facts Available (AFA)

    In this inquiry, Commerce continues to find that necessary 
information is not available on the record with respect to Juara within 
the meaning of section 776(a)(1) of the Act, and that Juara withheld 
requested information, failed to provide requested information by the 
deadline or in the form or manner requested, and significantly impeded 
the inquiry pursuant to sections 776(a)(1), (A), (B), and (C) of the 
Act. Moreover, Commerce continues to find that this company failed to 
cooperate by not acting to the best of its ability to provide the 
requested information pursuant to section 776(b)(1) of the Act. 
Consequently, we continue to use adverse inferences with respect to 
Juara in selecting from among the facts otherwise available on the 
record, pursuant to sections 776(a) and (b) of the Act, for the reasons 
discussed in the Preliminary Determination and the Issues and Decision 
Memorandum.\6\ Based on AFA, we determine that Juara exported inquiry 
merchandise and that U.S. entries of that merchandise are circumventing 
the Order. Interested parties that wish to have their suspended 
entries, if any, reviewed should request an administrative review of 
the relevant suspended entries during the next anniversary month of the 
Order (i.e., August 2024).\7\
---------------------------------------------------------------------------

    \6\ See Preliminary Determination PDM; see also Issues and 
Decision Memorandum at Comment 1.
    \7\ See 19 CFR 351.213(b).
---------------------------------------------------------------------------

Suspension of Liquidation and Cash Deposit Requirements

    Based on the affirmative country-wide determination of 
circumvention for Malaysia, in accordance with 19 CFR 
351.226(l)(3)(iii)(A), we will direct U.S. Customs and Border 
Protection (CBP) to suspend liquidation of any unliquidated entries of 
subject merchandise from Malaysia entered, or withdrawn from

[[Page 49844]]

warehouse for consumption, prior to the date of publication of the 
notice of initiation of the inquiry, up to, and including, November 4, 
2021,\8\ which is a departure from our standard practice of applying 
the date specified in 19 CFR 351.226(l)(3)(ii) (i.e., the date of 
publication of the initiation notice).\9\ CBP shall require cash 
deposits in accordance with the rate established for the China-wide 
entity (i.e. 216.37 percent).\10\
---------------------------------------------------------------------------

    \8\ November 4, 2021, was the date Commerce's circumvention 
regulations became effective. See Regulations To Improve 
Administration and Enforcement of Antidumping and Countervailing 
Duty Laws, 86 FR 52300 (September 20, 2021).
    \9\ See Issues and Decision Memorandum at Comment 1.
    \10\ See Order, 81 FR at 55438.
---------------------------------------------------------------------------

    Commerce has established the following third-country case number 
for Malaysia in the Automated Commercial Environment (ACE) for such 
entries: A-557-300-000. For Juara, Commerce will direct CBP, for all 
entries of R-410A or R-407C from Malaysia produced or exported by 
Juara, to suspend liquidation and require a cash deposit at the AD cash 
deposit rate established for the China-wide entity (i.e., 216.37 
percent), under this third-country case number, A-557-300-000.
    R-410A and R-407C produced in Malaysia that is not from China-
origin HFC blends is not subject to this inquiry. Therefore, cash 
deposits are not required for such merchandise under the Order. These 
suspension of liquidation instructions will remain in effect until 
further notice.

Opportunity To Request an Administrative Review

    Each year during the anniversary month of the publication of an AD 
or 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 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 requests. The anniversary month for this Order 
is August.

Administrative Protective Order

    This notice will serve as the only reminder to all parties subject 
to an administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    This determination is issued and published in accordance with 
section 781(b) of the Act and 19 CFR 351.226(g)(2).

    Dated: June 5, 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

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Merchandise Subject to the Circumvention Inquiry
V. Period of Circumvention Inquiry
VI. Changes from the Preliminary Determination
VII. Discussion of the Issues
    Comment 1: Retroactive Suspension of Liquidation and Cash 
Deposit Requirement
    Comment 2: Certification Requirement
VIII. Recommendation

[FR Doc. 2024-12840 Filed 6-11-24; 8:45 am]
BILLING CODE 3510-DS-P

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