Antidumping Duty Order on Hydrofluorocarbon Blends From the People's Republic of China: Final Affirmative Determination of Circumvention With Respect to R-410B From the Republic of Türkiye, 56859-56863 [2024-15262]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 89, No. 133 / Thursday, July 11, 2024 / Notices {ADDRESS OF FOREIGN COMPANY THAT MADE THE SALE TO THE UNITED STATES); B. I have direct personal knowledge of the facts regarding the production and exportation of the hydrofluorocarbon (HFC) blend R–410A for which sales are identified below. ‘‘Direct personal knowledge’’ refers to facts the certifying party is expected to have in its own records. For example, an exporter should have direct personal knowledge of the producer’s identity and location. C. The R–410A, and the individual components thereof, covered this certification were produced by {NAME OF PRODUCING COMPANY}, located at {ADDRESS OF shipped to {NAME OF PARTY IN THE UNITED STATES TO WHOM MERCHANDISE WAS FIRST SHIPPED}, located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED}; D. The R–410A produced in Türkiye do not contain HFC components (i.e., R–32 and R– 125) produced in the People’s Republic of China (China); E. This certification applies to the following sales to {NAME OF U.S. CUSTOMER}, located at {ADDRESS OF U.S. CUSTOMER} (repeat this block as many times as necessary): Foreign Seller’s Invoice # to U.S. Customer: Foreign Seller’s Invoice to U.S. Customer Line item #: Producer Name: Producer’s Address: Producer’s Invoice # to Foreign Seller: (If the foreign seller and the producer are the same party, put NA here.) Name of Producer of HFC Components: Location (Country) of Producer of HFC Components: F. The R–410A covered by this certification was shipped to {NAME OF U.S. PARTY TO WHOM MERCHANDISE WAS SHIPPED}, located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED}; G. I understand that {NAME OF FOREIGN COMPANY THAT MADE THE SALE TO THE UNITED STATES required to maintain a copy of this certification and sufficient documentation supporting this certification (i.e., documents maintained in the normal course of business, or documents obtained by the certifying party, for example, product data sheets, chemical testing specifications, productions records, invoices, etc.) for the later of: (1) the date that is five years after the latest date of the entries covered by the certification; or (2) the date that is three years after the conclusion of any litigation in the United States courts regarding such entries; H. I understand that {NAME OF FOREIGN COMPANY THAT MADE THE SALE TO THE UNITED STATES} is required to provide the U.S. importer with a copy of this certification and is required to provide U.S. Customs and Border Protection (CBP) and/or the U.S. Department of Commerce (Commerce) with this certification, and any supporting documents, upon request of either agency; I. I understand that the claims made herein, and the substantiating documentation are subject to verification by CBP and/or Commerce; J. I understand that failure to maintain the required certification and supporting VerDate Sep<11>2014 19:08 Jul 10, 2024 Jkt 262001 documentation, or failure to substantiate the claims made herein, or not allowing CBP and/or Commerce to verify the claims made herein, may result in a de facto determination that all sales to which this certification applies are within the scope of the antidumping duty order on R–410A from Türkiye. 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. K. I understand that agents of the seller/ exporter, such as freight forwarding companies or brokers, are not permitted to make this certification. L. This certification was completed and signed, and a copy of the certification was provided to the importer, on, or prior to, the date of shipment if the shipment date is more than 14 days after the date of publication of the notice of Commerce’s preliminary determination of circumvention in the Federal Register. If the shipment date is on or before the 14th day after the date of publication of the notice of Commerce’s preliminary determination of circumvention in the Federal Register, this certification was completed and signed, and a copy of the certification was provided to the importer, by no later than 45 days after publication of the notice of Commerce’s preliminary determination of circumvention in the Federal Register. If the entry was for consumption during the period November 4, 2021 through July 6, 2023 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 final determination in the Federal Register. M. I am aware that U.S. law (including, but not limited to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who knowingly and willfully make material false statements to the U.S. government. Signature {NAME OF COMPANY OFFICIAL} {TITLE OF COMPANY OFFICIAL } {DATE} [FR Doc. 2024–15263 Filed 7–10–24; 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– 410B From the Republic of Türkiye Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 56859 The U.S. Department of Commerce (Commerce) determines that imports of R–410B from the Republic of Türkiye (Türkiye), which are completed in Türkiye 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 July 11, 2024. FOR FURTHER INFORMATION CONTACT: Melissa Porpotage, 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) 482–1413. SUPPLEMENTARY INFORMATION: SUMMARY: 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 Türkiye, completed in Türkiye using HFC components R–32 (difluoromethane) and R–125 (pentafluoroethane) (collectively, Chinese-origin HFC 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 On March 4, 2024, Commerce published in the Federal Register its Preliminary Determination that imports of R–410B completed in Türkiye using Chinese-origin HFC components and subsequently exported from Türkiye 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 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– 410B from the Republic of Turkey, 89 FR 16536 (March 7, 2024) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 4 See Memorandum, ‘‘Issues and 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–410B from the Republic of E:\FR\FM\11JYN1.SGM Continued 11JYN1 56860 Federal Register / Vol. 89, No. 133 / Thursday, July 11, 2024 / Notices 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. 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 imports of R–410B from Türkiye, which are completed in Türkiye using Chineseorigin HFC components and further processed in the United States (inquiry merchandise). Methodology Commerce conducted this circumvention inquiry in accordance with section 781(b) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.226. See the Preliminary Determination for a full description of the methodology. 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 Appendix I. Based on our analysis of the comments received from the petitioner 5 and the participating respondents,6 we made no changes to the Preliminary Determination. khammond on DSKJM1Z7X2PROD with NOTICES Final Circumvention Determination We determine that imports of R–410B completed in Türkiye, using Chineseorigin HFC components, that are further processed in the United States, are circumventing the Order. As a result, in accordance with section 781(a) of the Türkiye,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 5 The petitioner is the American HFC Coalition, which consists of individual members Arkema, Inc., The Chemours Company FC LLC, Honeywell International Inc., and Mexichem Fluor Inc. 6 The participating respondents are ICE Sogutma Sanayi Ve Ticaret Ltd., SAM Gas Turkey Endustri Gazlari Anonim Sikreti, and IGas Holdings, Inc. VerDate Sep<11>2014 19:08 Jul 10, 2024 Jkt 262001 Act, we determine that this merchandise should be included within the scope of the Order. Moreover, we determine, in accordance with 19 CFR 351.226(m)(1)(ii) that this determination should be applied on a country-wide basis. 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 Türkiye’’ sections below for details regarding the use of certifications for inquiry merchandise exported from Türkiye. 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 by Cantas Ic Ve Dis Ticaret Sogutma Sistermleri Sanayi A.S. (Cantas) within the meaning of section 776(a)(1) of the Act, and that Cantas 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 Cantas 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. Based on AFA, we 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, Cantas is precluded from participating in the certification program established for exports of R–410B completed in Türkiye using Chinese-origin HFC components, that is further processed in the United States. Suspension of Liquidation and Cash Deposit Requirements Based on the affirmative determination of circumvention for Türkiye, and our decision to apply this determination on a country-wide basis, pursuant to 19 CFR 351.225(m)(1)(ii), in accordance with 19 CFR 351.226(l)(3)(iii)(A), 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, PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 completed in Türkiye using Chineseorigin 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 Türkiye. R–410B produced in Türkiye 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 Türkiye and claims that it was not produced using Chinese-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 Türkiye’’ sections, below. Commerce has established the following third-country case number for Türkiye in the Automated Commercial Environment (ACE) for such entries: A– 489–400. For Cantas, which will not be permitted to file a certification in accordance with this determination, Commerce will direct CBP, for all entries of R–410B from Türkiye 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 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. Certified Entries Entries for which the importer and exporter have met the certification requirements described below and in Appendix II to this notice will not be subject to suspension of liquidation or 7 See Initiation Notice, 88 FR at 43275. Order, 81 FR at 55438. 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. 8 See E:\FR\FM\11JYN1.SGM 11JYN1 Federal Register / Vol. 89, No. 133 / Thursday, July 11, 2024 / Notices 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 country-wide affirmative determination of circumvention, Commerce established importer and exporter certifications, which allow companies to certify that specific entries of R–410B from Türkiye are not subject to suspension of liquidation or the collection of cash deposits pursuant to this affirmative determination of circumvention, as applied on a country-wide basis, because the merchandise is not made with Chinese-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 use the certification described above.10 Commerce may reconsider the eligibility of Cantas in the certification process in a future administrative review. See the ‘‘Opportunity To Request an Administrative Review’’ section below. Importers and exporters that claim that the entry of R–410B from Türkiye is not subject to suspension of liquidation or the collection of cash deposits because the merchandise is not made with Chinese-origin components and/or is not further processed into subject merchandise in the United States must complete the applicable certification and meet the certification and documentation requirements described below, as well as the requirements identified in the applicable certification. Certification Requirements for Türkiye Importers are required to complete and maintain the applicable importer certification, 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 khammond on DSKJM1Z7X2PROD with NOTICES 10 See Preliminary Determination PDM 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). VerDate Sep<11>2014 19:08 Jul 10, 2024 Jkt 262001 importer’s agent, must submit both the importer’s certification and the exporter’s certification to CBP as part of the entry process by uploading them into the document imaging system (DIS) in ACE. Where the importer uses a broker to facilitate the entry process, the importer should obtain the entry summary number from the broker. Agents of the importer, such as brokers, however, are not permitted to certify on behalf of the importer. Exporters are required to complete and maintain the applicable exporter certification and provide the importer with a copy of that certification and all supporting documentation (e.g., invoice, purchase order, production records, etc.). With the exception of the entries described below, the exporter certification must be completed, signed, and dated by the time of shipment of the relevant entries. The exporter certification should be completed by the party selling the R–410B that was manufactured in Türkiye 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 unliquidated entries (and entries for which liquidation has not become final) of R–410B from Türkiye 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, including PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 56861 antidumping/countervailing duties (CVD). 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 affirmative determination of circumvention, as applied on a countrywide basis, and the Order, 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. 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: July 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 I List of Topics Discussed in the Issues and Decision Memorandum I. Summary E:\FR\FM\11JYN1.SGM 11JYN1 56862 Federal Register / Vol. 89, No. 133 / Thursday, July 11, 2024 / Notices II. Background III. Scope of the Order IV. Merchandise Subject to the Circumvention Inquiry V. Period of Circumvention Inquiry VI. Discussion of the Issues Comment 1: Retroactive Suspension of Liquidation and Cash Deposit Requirement Comment 2: Including Imports of R–410B in Administrative Reviews or Scope Inquiries Comment 3: Commerce’s Affirmative Preliminary Determination Is Contrary to Law Comment 4: Commerce Should Amend Its Certification Requirements Comment 5: Commerce Should Continue to Find that ICE Sogutma Sanayi Ve Ticaret Ltd. (ICE Sogutma), SAM Gas Turkey Endustri Gazlari Anonim Sikreti (SAM Gas), and IGas Holdings, Inc. (IGas) Have Not Circumvented the Order VII. 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 Türkiye 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 the People’s Republic of China (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 this certification and I certify that the VerDate Sep<11>2014 19:08 Jul 10, 2024 Jkt 262001 imported R–410B from Türkiye 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 the antidumping duty (AD) order on HFC PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 blends from 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} {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 Türkiye 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: Foreign Seller’s Invoice to U.S. Customer Line item #: E:\FR\FM\11JYN1.SGM 11JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 89, No. 133 / Thursday, July 11, 2024 / Notices 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 HFC blends from 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 VerDate Sep<11>2014 19:08 Jul 10, 2024 Jkt 262001 {NAME OF COMPANY OFFICIAL} {TITLE OF COMPANY OFFICIAL } {DATE} [FR Doc. 2024–15262 Filed 7–10–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–475–818, A–489–805] Certain Pasta From Italy and Türkiye: Final Results of Expedited Fifth Sunset Reviews of the Antidumping Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of these sunset reviews, the U.S. Department of Commerce (Commerce) finds that revocation of the antidumping duty orders on certain pasta (pasta) from Italy and Türkiye would likely lead to the continuation or recurrence of dumping at the levels indicated in the ‘‘Final Results of Review’’ section of this notice. AGENCY: DATES: Applicable July 11, 2024. Erin Kearney, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; (202) 482–0167. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: 56863 771(9)(C) of the Act as U.S. producers of domestic like product. On March 29, 2024, the domestic interested parties filed adequate substantive responses within the deadline specified in 19 CFR 351.218(d)(3)(i).4 Commerce did not receive a substantive response from any respondent interested party. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted expedited (120day) sunset reviews of the Orders. Scope of the Orders Italy (A–475–818) The merchandise subject to the order is pasta. The product is currently classified under subheadings 1901.90.9095 and 1902.19.20 of the Harmonized Tariff Schedule of the United States (HTSUS). The full scope language can be found in the Issues and Decision Memorandum.5 Türkiye (A–489–805) The merchandise subject to the order is pasta. The product is currently classified under subheading 1902.19.20 of the Harmonized Tariff Schedule of the United States (HTSUS). The full scope language can be found in the Issues and Decision Memorandum.6 Analysis of Comments Received On March 1, 2024, Commerce published the notice of initiation of the fifth sunset reviews of the Orders,1 pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 On March 14, 2024, Commerce received a notice of intent to participate in the sunset reviews from the following domestic interested parties: 8th Avenue Food & Provisions, Inc., Philadelphia Macaroni Company, and Winland Foods, Inc. (collectively, the domestic interested parties), within the deadline specified in 19 CFR 351.218(d)(1)(i).3 The domestic interested parties claimed interested party status under section A complete discussion of all issues raised in these sunset reviews, including the likelihood of continuation or recurrence of dumping in the event of revocation of the Orders and the magnitude of the margins of dumping likely to prevail if the Orders were to be revoked, is provided in the Issues and Decision Memorandum.7 A list of the topics discussed in the Issues and Decision Memorandum is attached as an appendix to this notice. 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 Services 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 1 See Notice of Antidumping Duty Order and Amended Final Determination of Sales at Less Than Fair Value: Certain Pasta from Italy, 61 FR 38547 (July 24, 1996) (Italy Order); see also Notice of Antidumping Duty Order and Amended Final Determination of Sales at Less Than Fair Value: Certain Pasta from Turkey, 61 FR 38545 (July 24, 1996) (Türkiye Order) (collectively, the Orders). 2 See Initiation of Five-Year (Sunset) Reviews, 89 FR 15139 (March 1, 2024) (Initiation Notice). 3 See Domestic Interested Parties’ Letter, ‘‘Notice of Intent to Participate,’’ dated March 14, 2024. 4 See Domestic Interested Parties’ Letter, ‘‘Domestic IPs Substantive Response,’’ dated March 29, 2024 (Substantive Response). 5 See Memorandum, ‘‘Decision Memorandum for the Final Results of the Expedited Fifth Sunset Reviews of the Antidumping Duty Orders on Certain Pasta from Italy and the Republic of Türkiye,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 6 Id. 7 Id. Background PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\11JYN1.SGM 11JYN1

Agencies

[Federal Register Volume 89, Number 133 (Thursday, July 11, 2024)]
[Notices]
[Pages 56859-56863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15262]


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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-410B From the Republic of T[uuml]rkiye

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
imports of R-410B from the Republic of T[uuml]rkiye (T[uuml]rkiye), 
which are completed in T[uuml]rkiye 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 July 11, 2024.

FOR FURTHER INFORMATION CONTACT: Melissa Porpotage, 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) 482-1413.

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 
T[uuml]rkiye, completed in T[uuml]rkiye using HFC components R-32 
(difluoromethane) and R-125 (pentafluoroethane) (collectively, Chinese-
origin HFC 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\ On March 4, 2024, Commerce 
published in the Federal Register its Preliminary Determination that 
imports of R-410B completed in T[uuml]rkiye using Chinese-origin HFC 
components and subsequently exported from T[uuml]rkiye 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-410B from the 
Republic of Turkey, 89 FR 16536 (March 7, 2024) (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

[[Page 56860]]

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, ``Issues and 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-410B from the Republic of T[uuml]rkiye,'' 
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 imports of R-410B from 
T[uuml]rkiye, which are completed in T[uuml]rkiye using Chinese-origin 
HFC components and further processed in the United States (inquiry 
merchandise).

Methodology

    Commerce conducted this circumvention inquiry in accordance with 
section 781(b) of the Tariff Act of 1930, as amended (the Act), and 19 
CFR 351.226. See the Preliminary Determination for a full description 
of the methodology. 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 Appendix I. Based on our analysis of the comments received 
from the petitioner \5\ and the participating respondents,\6\ we made 
no changes to the Preliminary Determination.
---------------------------------------------------------------------------

    \5\ The petitioner is the American HFC Coalition, which consists 
of individual members Arkema, Inc., The Chemours Company FC LLC, 
Honeywell International Inc., and Mexichem Fluor Inc.
    \6\ The participating respondents are ICE Sogutma Sanayi Ve 
Ticaret Ltd., SAM Gas Turkey Endustri Gazlari Anonim Sikreti, and 
IGas Holdings, Inc.
---------------------------------------------------------------------------

Final Circumvention Determination

    We determine that imports of R-410B completed in T[uuml]rkiye, 
using Chinese-origin HFC components, that are further processed in the 
United States, are circumventing the Order. As a result, in accordance 
with section 781(a) of the Act, we determine that this merchandise 
should be included within the scope of the Order. Moreover, we 
determine, in accordance with 19 CFR 351.226(m)(1)(ii) that this 
determination should be applied on a country-wide basis. 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 T[uuml]rkiye'' sections below for details regarding 
the use of certifications for inquiry merchandise exported from 
T[uuml]rkiye.

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 by Cantas Ic 
Ve Dis Ticaret Sogutma Sistermleri Sanayi A.S. (Cantas) within the 
meaning of section 776(a)(1) of the Act, and that Cantas 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 
Cantas 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. Based on AFA, we 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, Cantas is 
precluded from participating in the certification program established 
for exports of R-410B completed in T[uuml]rkiye using Chinese-origin 
HFC components, that is further processed in the United States.

Suspension of Liquidation and Cash Deposit Requirements

    Based on the affirmative determination of circumvention for 
T[uuml]rkiye, and our decision to apply this determination on a 
country-wide basis, pursuant to 19 CFR 351.225(m)(1)(ii), in accordance 
with 19 CFR 351.226(l)(3)(iii)(A), 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 T[uuml]rkiye using Chinese-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 T[uuml]rkiye.
---------------------------------------------------------------------------

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

    R-410B produced in T[uuml]rkiye 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 T[uuml]rkiye and claims that it was not produced 
using Chinese-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 T[uuml]rkiye'' sections, below.
    Commerce has established the following third-country case number 
for T[uuml]rkiye in the Automated Commercial Environment (ACE) for such 
entries: A-489-400. For Cantas, which will not be permitted to file a 
certification in accordance with this determination, Commerce will 
direct CBP, for all entries of R-410B from T[uuml]rkiye 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 suspension of liquidation or

[[Page 56861]]

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 country-wide affirmative determination of 
circumvention, Commerce established importer and exporter 
certifications, which allow companies to certify that specific entries 
of R-410B from T[uuml]rkiye are not subject to suspension of 
liquidation or the collection of cash deposits pursuant to this 
affirmative determination of circumvention, as applied on a country-
wide basis, because the merchandise is not made with Chinese-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 
use the certification described above.\10\ Commerce may reconsider the 
eligibility of Cantas in the certification process in a future 
administrative review. See the ``Opportunity To Request an 
Administrative Review'' section below.
---------------------------------------------------------------------------

    \10\ See Preliminary Determination PDM 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 the entry of R-410B from 
T[uuml]rkiye is not subject to suspension of liquidation or the 
collection of cash deposits because the merchandise is not made with 
Chinese-origin components and/or is not further processed into subject 
merchandise in the United States must complete the applicable 
certification and meet the certification and documentation requirements 
described below, as well as the requirements identified in the 
applicable certification.

Certification Requirements for T[uuml]rkiye

    Importers are required to complete and maintain the applicable 
importer certification, maintain a copy of the applicable exporter 
certification, and retain all supporting documentation for both 
certifications. With the exception of the entries described below, the 
importer certification must be completed, signed, and dated by the time 
the entry summary is filed for the relevant entry. The importer, or the 
importer's agent, must submit both the importer's certification and the 
exporter's certification to CBP as part of the entry process by 
uploading them into the document imaging system (DIS) in ACE. Where the 
importer uses a broker to facilitate the entry process, the importer 
should obtain the entry summary number from the broker. Agents of the 
importer, such as brokers, however, are not permitted to certify on 
behalf of the importer.
    Exporters are required to complete and maintain the applicable 
exporter certification and provide the importer with a copy of that 
certification and all supporting documentation (e.g., invoice, purchase 
order, production records, etc.). With the exception of the entries 
described below, the exporter certification must be completed, signed, 
and dated by the time of shipment of the relevant entries. The exporter 
certification should be completed by the party selling the R-410B that 
was manufactured in T[uuml]rkiye 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 unliquidated entries (and entries for which liquidation has not 
become final) of R-410B from T[uuml]rkiye 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, 
including antidumping/countervailing duties (CVD).
    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 
affirmative determination of circumvention, as applied on a country-
wide basis, and the Order, 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.

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: July 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 I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary

[[Page 56862]]

II. Background
III. Scope of the Order
IV. Merchandise Subject to the Circumvention Inquiry
V. Period of Circumvention Inquiry
VI. Discussion of the Issues
    Comment 1: Retroactive Suspension of Liquidation and Cash 
Deposit Requirement
    Comment 2: Including Imports of R-410B in Administrative Reviews 
or Scope Inquiries
    Comment 3: Commerce's Affirmative Preliminary Determination Is 
Contrary to Law
    Comment 4: Commerce Should Amend Its Certification Requirements
    Comment 5: Commerce Should Continue to Find that ICE Sogutma 
Sanayi Ve Ticaret Ltd. (ICE Sogutma), SAM Gas Turkey Endustri 
Gazlari Anonim Sikreti (SAM Gas), and IGas Holdings, Inc. (IGas) 
Have Not Circumvented the Order
VII. 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 T[uuml]rkiye 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 the People's Republic of China (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 T[uuml]rkiye 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 HFC 
blends from 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); 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{time} , located at 
{U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED;
    D. The R-410B produced in T[uuml]rkiye 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:
Foreign Seller's Invoice to U.S. Customer Line item #:

[[Page 56863]]

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{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 HFC blends from 
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. 2024-15262 Filed 7-10-24; 8:45 am]
BILLING CODE 3510-DS-P

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