Antidumping Duty Order on Hydrofluorocarbon Blends From the People's Republic of China: Final Affirmative Determination of Circumvention With Respect to R-410A From the Republic of Türkiye, 56855-56859 [2024-15263]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 89, No. 133 / Thursday, July 11, 2024 / Notices listed in the FDA-administered Global Unique Device Identification Database. Stretcher Surfaces with all of the following characteristics: with a nominal thickness of 5 inches or less; with the foam core width tapered at one end; enclosed in a fluidresistant polyurethane-coated ticking with a zipper; with welded seams on the ticking, which are two or more layers of coated material thermally fused together with a permanent bond; with the exterior of the ticking containing a welded flap to cover the ticking zipper; with loop velcro attached to the ticking to allow for the stretcher surface to be firmly affixed to the stretcher; with a unique device identifier label for medical devices issued by an FDA-accredited agency and listed in the FDA-administered Global Unique Device Identification Database. Birthing Bed Surfaces with all of the following characteristics: with a nominal thickness of 5 inches or less; with a foam core in two pieces that have either a Vshaped cutout or U-Shaped cutout; enclosed in a fluid-resistant polyurethane-coated ticking with a zipper; with welded seams on the ticking, which are two or more layers of coated material thermally fused together with a permanent bond; with attachment fasteners extending from the bottom of the surface comprised of snaps or plastic hook(s); with a unique device identifier label for medical devices issued by an FDA-accredited agency and listed in the FDA-administered Global Unique Device Identification Database. Foam Surfaces with all the following characteristics: with a nominal thickness of 6.5 inches or less; with a foam core that has articulation lines cut into the foam and/or die-cut construction in a portion of the foam to allow movement of the surface; enclosed in a fluid-resistant polyurethane-coated ticking with a zipper; with the ticking made of material meeting ASTM F1671B–07 requirements for porosity and ISO 10993 requirements for biocompatibility; with welded seams on the ticking, which are two or more layers of coated material thermally fused together with a permanent bond; with brackets or attachment knobs embedded in the surface core to allow the surface to be firmly affixed to the hospital bed frame; with a unique device identifier label for medical devices issued by an FDA-accredited agency and listed in the FDA-administered Global Unique Device Identification Database, where the label includes the manufacturer’s name and address as well as the product’s name, date of manufacture, serial number, and Global Trade Identification Number (GTIN). The products subject to these orders are currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 9404.21.0010, 9404.21.0013, 9404.21.0095, 9404.29.1005, 9404.29.1013, 9404.29.1095, 9404.29.9085, 9404.29.9087, and 9404.29.9095. Products subject to these orders may also enter under HTSUS subheadings: 9401.41.0000, 9401.49.0000, and 9401.99.9081. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise subject to these orders is dispositive. [FR Doc. 2024–15261 Filed 7–10–24; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 19:08 Jul 10, 2024 Jkt 262001 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 From the Republic of Türkiye Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that imports of R–410A, completed in the Republic of Türkiye (Türkiye) using the People’s Republic of China (China)origin hydrofluorocarbon (HFC) components, and exported from Türkiye, are circumventing the antidumping duty (AD) order on HFC blends from China. DATES: Applicable July 11, 2024. FOR FURTHER INFORMATION CONTACT: Paul Senoyuit, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–6106. SUPPLEMENTARY INFORMATION: AGENCY: Background On August 19, 2016, Commerce published in the Federal Register the AD order on HFC blends from China.1 On July 7, 2023, Commerce initiated a country-wide circumvention inquiry 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, completed in Türkiye using HFC components R–32 (difluoromethane) and R–125 (pentafluoroethane) (collectively, Chinaorigin 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 completed in Türkiye using Chinaorigin HFC components and subsequently exported from Türkiye 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 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 56855 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. 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 HFC blend R–410A, completed in Türkiye using Chinaorigin HFC components and subsequently exported from Türkiye 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 Appendix I. Based on our analysis of the comments Republic of China: Preliminary Affirmative Determination of Circumvention with Respect to R– 410A from the Republic of Turkey, 88 FR 85871 (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 from the Republic of Türkiye,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 5 See Preliminary Determination PDM at 3–13. E:\FR\FM\11JYN1.SGM 11JYN1 56856 Federal Register / Vol. 89, No. 133 / Thursday, July 11, 2024 / Notices received from the petitioners,6 we made the following change to the Preliminary Determination: We determine to apply retroactive suspension of liquidation to respondent Cantas Ic Ve Dis Ticaret Sogutma Sistermleri Sanayi A.S. (Cantas), as well as on a country-wide basis, effective November 4, 2021. khammond on DSKJM1Z7X2PROD with NOTICES Final Circumvention Determination We determine that imports of R–410A completed in Türkiye by Cantas, using China-origin HFC components that are subsequently exported from Türkiye 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 Cantas, 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 completed in Türkiye using China-origin HFC components, that are subsequently exported from Türkiye to the United States, would be circumventing the Order whether such imports were by one company, or all companies. Accordingly, we are applying our decision on a countrywide 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. 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 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 6 The petitioners in this inquiry are the American HFC Coalition which consists of its individual members Arkema, Inc., The Chemours Company FC LLC, Honeywell International Inc., and Mexichem Fluor Inc. VerDate Sep<11>2014 19:08 Jul 10, 2024 Jkt 262001 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 and the Issues and Decision Memorandum.7 Based on AFA, we determine that Cantas 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).8 Additionally, we are precluding Cantas from participating in the certification program for exports of R–410A completed in Türkiye and subsequently exported from Türkiye to the United States. Final Determination of No Shipments Based on the information provided by ICE Sogutma Sanayi Ve Ticaret Ltd. (ICE) in this circumvention inquiry, and Commerce’s verification of the information provided by ICE,9 Commerce continues to find, as it did in the Preliminary Determination, that ICE had no shipments of inquiry merchandise to the United States during the period of inquiry, January 1, 2019 through June 30, 2023.10 Suspension of Liquidation and Cash Deposit Requirements Based on the affirmative country-wide determination of circumvention for Türkiye, in accordance with 19 CFR 351.226(l)(3)(iii)(A), we will direct U.S. Customs and Border Protection (CBP) to continue the suspension of liquidation of previously suspended entries and to suspend liquidation and require a cash deposit of estimated duties on unliquidated entries of R–410A from Türkiye that were entered, or withdrawn from warehouse for consumption, prior to the date of publication of the notice of initiation of the inquiry, retroactive to, and 7 See Preliminary Determination PDM; see also Issues and Decision Memorandum. 8 See 19 CFR 351.213(b). 9 See Memorandum, ‘‘Verification of the Response by ICE Sogutma Sanayi Ve Ticaret Ltd. STI. in the Circumvention Inquiry of the Antidumping Duty Order on Hydrofluorocarbon Blends from the People’s Republic of China,’’ dated May 28, 2024. 10 See Preliminary Determination PDM at 8–9; see also Issues and Decision Memorandum at Comment 2. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 including, November 4, 2021,11 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).12 CBP shall require cash deposits in accordance with the rate established for the China-wide entity (i.e. 216.37 percent).13 R–410A produced in Türkiye that is not from China-origin HFC blends are not subject to this inquiry. Therefore, cash deposits are not required for such merchandise under the Order. If an importer imports R–410A from Türkiye and claims that it was not produced using China-origin HFC components, in order to not be subject to the Order cash deposit requirements, the importer and exporter are required to meet the certification and documentation requirements described in the ‘‘Certifications’’ and ‘‘Certification Requirements for Türkiye’’ sections, below. Commerce has established the following third-country case number for Türkiye in the Automated Commercial Environment (ACE) for such entries: A– 489–400–000. 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–410A 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.14 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 11 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) (Circumvention Regulations). 12 See Issues and Decision Memorandum at Comment 1. 13 See Order, 81 FR at 55438. 14 Cantas is not currently eligible to participate in the certification program as either producer or exporter. In addition, other parties exporting R– 410A produced by Cantas will likewise not be eligible to participate in the certification program with regard to such products. E:\FR\FM\11JYN1.SGM 11JYN1 Federal Register / Vol. 89, No. 133 / Thursday, July 11, 2024 / Notices subject to suspension of liquidation, or the cash deposit requirements described above. Failure to comply with the applicable requisite certification requirements may result in the merchandise being subject to duties. Certifications To administer the country-wide affirmative determination of circumvention, Commerce established importer and exporter certifications, which allow companies to certify that specific entries of R–410A from Türkiye are not subject to suspension of liquidation or the collection of cash deposits pursuant to this country-wide affirmative determination of circumvention because the merchandise is not made with China-origin components (see Appendix II to this notice). Because Cantas was non-cooperative, it is not currently eligible to use the certification described above.15 Commerce may reconsider the eligibility of Cantas in the certification process in a future administrative review. See section, ‘‘Opportunity to Request an Administrative Review,’’ below. Importers and exporters that claim that the entry of R–410A from Türkiye is not subject to suspension of liquidation or the collection of cash deposits because the merchandise is not made with China-origin components must complete the applicable certification and meet the certification and documentation requirements described below, as well as the requirements identified in the applicable certification. khammond on DSKJM1Z7X2PROD with NOTICES Certification Requirements for Türkiye Importers are required to complete and maintain the applicable importer certification, and maintain a copy of the applicable exporter certification, and retain all supporting documentation for both certifications. With the exception of the entries described below, the importer certification must be completed, signed, and dated by the time the entry summary is filed for the relevant entry. The importer, or the importer’s agent, must submit both the importer’s certification and the exporter’s certification to CBP as part of 15 See Preliminary Determinations PDM at the ‘‘Use of Facts Available with Adverse Inferences’’ section; see also, e.g., Anti-circumvention Inquiry of the Antidumping Duty Order on Certain Pasta from Italy: Affirmative Preliminary Determination of Circumvention of the Antidumping Duty Order, 63 FR 18364, 18366 (April 15, 1998), unchanged in Anti-Circumvention Inquiry of the Antidumping Duty Order on Certain Pasta from Italy: Affirmative Final Determination of Circumvention of the Antidumping Duty Order, 63 FR 54672, 54675–76 (October 13, 1998). VerDate Sep<11>2014 19:08 Jul 10, 2024 Jkt 262001 the entry process by uploading them into the document imaging system (DIS) in ACE. Where the importer uses a broker to facilitate the entry process, the importer should obtain the entry summary number from the broker. Agents of the importer, such as brokers, however, are not permitted to certify on behalf of the importer. Exporters are required to complete and maintain the applicable exporter certification and provide the importer with a copy of that certification and all supporting documentation (e.g., invoice, purchase order, production records, etc.). With the exception of the entries described below, the exporter certification must be completed, signed, and dated by the time of shipment of the relevant entries. The exporter certification should be completed by the party selling the R–410A that was manufactured in 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 all R–410A from Türkiye that was entered, or withdrawn from warehouse, for consumption during the period July 7, 2023 (the date of initiation of this circumvention inquiry), through the date of publication of the preliminary determination in the Federal Register, where the entry has not been liquidated (and entries for which liquidation has not become final), the relevant certification should already be complete and signed. Because Commerce determined to apply retroactive suspension to November 4, 2021,16 for R–410A from Türkiye that was entered, or withdrawn from warehouse, for consumption during the period November 4, 2021 through July 6, 2023 (the day before the date of initiation of this circumvention inquiry), where the entry has not been liquidated (and entries for which liquidation has not become final), the relevant certification should be completed and signed as soon as practicable, but not later than 45 days after the date of publication of this final determination in the Federal Register. For such entries, importers and exporters each have the option to 16 See Circumvention Regulations, 86 FR at 52347–48. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 56857 complete a blanket certification covering multiple entries, individual certifications for each entry, or a combination thereof. The exporter must provide the importer with a copy of the exporter certification within 45 days of the date of publication of this final determination in the Federal Register. For unliquidated entries (and entries for which liquidation has not become final) of R–410A 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 November 4, 2021 (the date of the start of retroactive suspension), 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 AD/CVD duties. If it is determined that an importer and/or exporter has not met the certification and/or related documentation requirements for certain entries, Commerce intends to instruct CBP to suspend, pursuant to this preliminary affirmative country-wide determination of circumvention and the Order,17 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 17 See E:\FR\FM\11JYN1.SGM Order. 11JYN1 56858 Federal Register / Vol. 89, No. 133 / Thursday, July 11, 2024 / Notices 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 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: No Shipment Determination VIII. 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–410A produced in Türkiye that entered under the entry number(s) identified below, and which are covered by this certification. ‘‘Direct personal knowledge’’ refers to facts the certifying party is expected to have in its own records. For example, the importer should have direct personal knowledge of the importation of the product, including the exporter’s and/or foreign seller’s identity and location; VerDate Sep<11>2014 19:08 Jul 10, 2024 Jkt 262001 C. If the importer is acting on behalf of the first U.S. customer, include the following sentence as paragraph C of this certification: The R–410A covered by this certification were imported by {NAME OF IMPORTING COMPANY} on behalf of {NAME OF U.S. CUSTOMER}, located at {ADDRESS OF U.S. CUSTOMER}. If the importer is not acting on behalf of the first U.S. customer, include the following sentence as paragraph C of this certification: {NAME OF IMPORTING COMPANY} is not acting on behalf of the first U.S. customer. D. The R–410A covered by this certification was shipped to {NAME OF PARTY IN THE UNITED STATES TO WHOM THE MERCHANDISE WAS FIRST SHIPPED} located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED}. E. I have personal knowledge of the facts regarding the production of the imported products covered by this certification. ‘‘Personal knowledge’’ includes facts obtained from another party, (e.g., correspondence received by the importer (or exporter) from the producer regarding the source of the HFC components (i.e., R–32 and R–125) used to produce the R–410A); F. This certification applies to the following entries (repeat this block as many times as necessary): Entry Summary #: Entry Summary Line Item #: Foreign Seller: Foreign Seller’s Address: Foreign Seller’s Invoice #: Foreign Seller’s Invoice Line Item #: Country of Origin of HFC Components: Producer: Producer’s Address: G. The R–410A covered by this certification do not contain HFC components (i.e., R–32 and R–125) produced in the People’s Republic of China (China); H. I understand that {NAME OF IMPORTING COMPANY} is required to maintain a copy of this certification and sufficient documentation supporting this certification (i.e., documents maintained in the normal course of business, or documents obtained by the certifying party, for example, product data sheets, chemical testing specifications, productions records, invoices, etc.) for the later of: (1) the date that is five years after the date of the latest entry covered by the certification or; (2) the date that is three years after the conclusion of any litigation in the United States courts regarding such entries; I. I understand that {IMPORTING COMPANY} is required to maintain a copy of the exporter’s certification (attesting to the production and/or exportation of the imported merchandise identified above), and any supporting documentation provided to the importer by the exporter, until the later of: (1) the date that is five years after the date of the latest entry covered by the certification or; (2) the date that is three years after the conclusion of any litigation in United States courts regarding such entries; J. I understand that {IMPORTING COMPANY} is required to submit a copy of the importer and exporter certifications as part of the entry summary by uploading them PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 into the document imaging system (DIS) in ACE, and to provide U.S. Customs and Border Protection (CBP) and/or the U.S. Department of Commerce (Commerce) with the importer certification, and any supporting documentation, and a copy of the exporter’s certification, and any supporting documentation provided to the importer by the exporter, upon request of either agency; K. I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or Commerce; L. I understand that failure to maintain the required certification and supporting documentation, or failure to substantiate the claims made herein, or not allowing CBP and/or Commerce to verify the claims made herein, may result in a de facto determination that all entries to which this certification applies are within the scope of the antidumping duty (AD) order on R–410A from Türkiye. I understand that such finding will result in: (i) suspension of liquidation of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met; (ii) the importer being required to post the cash deposits determined by Commerce; and (iii) the importer no longer being allowed to participate in the certification process. M. I understand that agents of the importer, such as brokers, are not permitted to make this certification; N. This certification was completed and signed on, or prior to, the date of the entry summary if the entry date is more than 14 days after the date of publication of the notice of Commerce’s preliminary determination of circumvention in the Federal Register. If the entry date is on or before the 14th day after the date of publication of the notice of Commerce’s preliminary determination of circumvention in the Federal Register, this certification was completed and signed by no later than 45 days after publication of the notice of Commerce’s preliminary determination of circumvention in the Federal Register. 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. O. I am aware that U.S. law (including, but not limited to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who knowingly and willfully make materially false statements to the U.S. government. Signature {NAME OF COMPANY OFFICIAL} {TITLE OF COMPANY OFFICIAL} {DATE} Exporter Certification The party that made the sale to the United States should fill out the exporter certification. I hereby certify that: A. My name is {COMPANY OFFICIAL’S NAME} and I am an official of {NAME OF FOREIGN COMPANY THAT MADE THE SALE TO THE UNITED STATES); located at E:\FR\FM\11JYN1.SGM 11JYN1 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

Agencies

[Federal Register Volume 89, Number 133 (Thursday, July 11, 2024)]
[Notices]
[Pages 56855-56859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15263]

-----------------------------------------------------------------------

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 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-410A, completed in the Republic of T[uuml]rkiye
(T[uuml]rkiye) using the People's Republic of China (China)-origin
hydrofluorocarbon (HFC) components, and exported from T[uuml]rkiye, are
circumventing the antidumping duty (AD) order on HFC blends from China.

DATES: Applicable July 11, 2024.

FOR FURTHER INFORMATION CONTACT: Paul Senoyuit, AD/CVD Operations,
Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6106.

SUPPLEMENTARY INFORMATION:

Background

On August 19, 2016, Commerce published in the Federal Register the
AD order on HFC blends from China.\1\ On July 7, 2023, Commerce
initiated a country-wide circumvention inquiry 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, completed in
T[uuml]rkiye using HFC components R-32 (difluoromethane) and R-125
(pentafluoroethane) (collectively, China-origin components)
manufactured in China, are circumventing the Order and, accordingly,
should be covered by the scope of the Order.\2\ On December 11, 2023,
Commerce published in the Federal Register its Preliminary
Determination that imports of R-410A completed in T[uuml]rkiye using
China-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-410A from the
Republic of Turkey, 88 FR 85871 (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 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 HFC blend R-410A,
completed in T[uuml]rkiye using China-origin HFC components and
subsequently exported from T[uuml]rkiye 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 Appendix I. Based on our analysis of the comments

[[Page 56856]]

received from the petitioners,\6\ we made the following change to the
Preliminary Determination: We determine to apply retroactive suspension
of liquidation to respondent Cantas Ic Ve Dis Ticaret Sogutma
Sistermleri Sanayi A.S. (Cantas), as well as on a country-wide basis,
effective November 4, 2021.
---------------------------------------------------------------------------

\6\ The petitioners in this inquiry are the American HFC
Coalition which consists of its individual members Arkema, Inc., The
Chemours Company FC LLC, Honeywell International Inc., and Mexichem
Fluor Inc.
---------------------------------------------------------------------------

Final Circumvention Determination

We determine that imports of R-410A completed in T[uuml]rkiye by
Cantas, using China-origin HFC components that are subsequently
exported from T[uuml]rkiye 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 Cantas, 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 completed in T[uuml]rkiye
using China-origin HFC components, that are subsequently exported from
T[uuml]rkiye to the United States, would be circumventing the Order
whether such imports were by one company, or all companies.
Accordingly, we are applying our decision 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. 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 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 and the Issues and Decision
Memorandum.\7\ Based on AFA, we determine that Cantas 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).\8\ Additionally, we are precluding Cantas
from participating in the certification program for exports of R-410A
completed in T[uuml]rkiye and subsequently exported from T[uuml]rkiye
to the United States.
---------------------------------------------------------------------------

\7\ See Preliminary Determination PDM; see also Issues and
Decision Memorandum.
\8\ See 19 CFR 351.213(b).
---------------------------------------------------------------------------

Final Determination of No Shipments

Based on the information provided by ICE Sogutma Sanayi Ve Ticaret
Ltd. (ICE) in this circumvention inquiry, and Commerce's verification
of the information provided by ICE,\9\ Commerce continues to find, as
it did in the Preliminary Determination, that ICE had no shipments of
inquiry merchandise to the United States during the period of inquiry,
January 1, 2019 through June 30, 2023.\10\
---------------------------------------------------------------------------

\9\ See Memorandum, ``Verification of the Response by ICE
Sogutma Sanayi Ve Ticaret Ltd. STI. in the Circumvention Inquiry of
the Antidumping Duty Order on Hydrofluorocarbon Blends from the
People's Republic of China,'' dated May 28, 2024.
\10\ See Preliminary Determination PDM at 8-9; see also Issues
and Decision Memorandum at Comment 2.
---------------------------------------------------------------------------

Suspension of Liquidation and Cash Deposit Requirements

Based on the affirmative country-wide determination of
circumvention for T[uuml]rkiye, in accordance with 19 CFR
351.226(l)(3)(iii)(A), we will direct U.S. Customs and Border
Protection (CBP) to continue the suspension of liquidation of
previously suspended entries and to suspend liquidation and require a
cash deposit of estimated duties on unliquidated entries of R-410A from
T[uuml]rkiye that were entered, or withdrawn from warehouse for
consumption, prior to the date of publication of the notice of
initiation of the inquiry, retroactive to, and including, November 4,
2021,\11\ 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).\12\ CBP shall require cash
deposits in accordance with the rate established for the China-wide
entity (i.e. 216.37 percent).\13\
---------------------------------------------------------------------------

\11\ 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) (Circumvention
Regulations).
\12\ See Issues and Decision Memorandum at Comment 1.
\13\ See Order, 81 FR at 55438.
---------------------------------------------------------------------------

R-410A produced in T[uuml]rkiye that is not from China-origin HFC
blends are not subject to this inquiry. Therefore, cash deposits are
not required for such merchandise under the Order. If an importer
imports R-410A from T[uuml]rkiye and claims that it was not produced
using China-origin HFC components, in order to not be subject to the
Order cash deposit requirements, the importer and exporter are required
to meet the certification and documentation requirements described in
the ``Certifications'' and ``Certification Requirements for
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-489-400-000. 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-410A 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.\14\
---------------------------------------------------------------------------

\14\ Cantas is not currently eligible to participate in the
certification program as either producer or exporter. In addition,
other parties exporting R-410A produced by Cantas will likewise not
be eligible to participate in the certification program with regard
to such products.
---------------------------------------------------------------------------

Where no certification is provided for an entry, and the Order
potentially applies to that entry, Commerce intends to instruct CBP to
suspend the entry and collect cash deposits at the rate established for
the China-wide entity, i.e., 216.37 percent, under the third country
case number above. These suspension of liquidation instructions will
remain in effect until further notice.

Certified Entries

Entries for which the importer and exporter have met the
certification requirements described below and in Appendix II to this
notice will not be

[[Page 56857]]

subject to suspension of liquidation, or the cash deposit requirements
described above. Failure to comply with the applicable requisite
certification requirements may result in the merchandise being subject
to duties.

Certifications

To administer the country-wide affirmative determination of
circumvention, Commerce established importer and exporter
certifications, which allow companies to certify that specific entries
of R-410A from T[uuml]rkiye are not subject to suspension of
liquidation or the collection of cash deposits pursuant to this
country-wide affirmative determination of circumvention because the
merchandise is not made with China-origin components (see Appendix II
to this notice).
Because Cantas was non-cooperative, it is not currently eligible to
use the certification described above.\15\ Commerce may reconsider the
eligibility of Cantas in the certification process in a future
administrative review. See section, ``Opportunity to Request an
Administrative Review,'' below.
---------------------------------------------------------------------------

\15\ See Preliminary Determinations PDM at the ``Use of Facts
Available with Adverse Inferences'' section; see also, e.g., Anti-
circumvention Inquiry of the Antidumping Duty Order on Certain Pasta
from Italy: Affirmative Preliminary Determination of Circumvention
of the Antidumping Duty Order, 63 FR 18364, 18366 (April 15, 1998),
unchanged in Anti-Circumvention Inquiry of the Antidumping Duty
Order on Certain Pasta from Italy: Affirmative Final Determination
of Circumvention of the Antidumping Duty Order, 63 FR 54672, 54675-
76 (October 13, 1998).
---------------------------------------------------------------------------

Importers and exporters that claim that the entry of R-410A from
T[uuml]rkiye is not subject to suspension of liquidation or the
collection of cash deposits because the merchandise is not made with
China-origin components must complete the applicable certification and
meet the certification and documentation requirements described below,
as well as the requirements identified in the applicable certification.

Certification Requirements for T[uuml]rkiye

Importers are required to complete and maintain the applicable
importer certification, and maintain a copy of the applicable exporter
certification, and retain all supporting documentation for both
certifications. With the exception of the entries described below, the
importer certification must be completed, signed, and dated by the time
the entry summary is filed for the relevant entry. The importer, or the
importer's agent, must submit both the importer's certification and the
exporter's certification to CBP as part of the entry process by
uploading them into the document imaging system (DIS) in ACE. Where the
importer uses a broker to facilitate the entry process, the importer
should obtain the entry summary number from the broker. Agents of the
importer, such as brokers, however, are not permitted to certify on
behalf of the importer.
Exporters are required to complete and maintain the applicable
exporter certification and provide the importer with a copy of that
certification and all supporting documentation (e.g., invoice, purchase
order, production records, etc.). With the exception of the entries
described below, the exporter certification must be completed, signed,
and dated by the time of shipment of the relevant entries. The exporter
certification should be completed by the party selling the R-410A that
was manufactured in 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 all R-410A from T[uuml]rkiye that was entered, or withdrawn
from warehouse, for consumption during the period July 7, 2023 (the
date of initiation of this circumvention inquiry), through the date of
publication of the preliminary determination in the Federal Register,
where the entry has not been liquidated (and entries for which
liquidation has not become final), the relevant certification should
already be complete and signed. Because Commerce determined to apply
retroactive suspension to November 4, 2021,\16\ for R-410A from
T[uuml]rkiye that was entered, or withdrawn from warehouse, for
consumption during the period November 4, 2021 through July 6, 2023
(the day before the date of initiation of this circumvention inquiry),
where the entry has not been liquidated (and entries for which
liquidation has not become final), the relevant certification should be
completed and signed as soon as practicable, but not later than 45 days
after the date of publication of this final determination in the
Federal Register. For such entries, importers and exporters each have
the option to complete a blanket certification covering multiple
entries, individual certifications for each entry, or a combination
thereof. The exporter must provide the importer with a copy of the
exporter certification within 45 days of the date of publication of
this final determination in the Federal Register.
---------------------------------------------------------------------------

\16\ See Circumvention Regulations, 86 FR at 52347-48.
---------------------------------------------------------------------------

For unliquidated entries (and entries for which liquidation has not
become final) of R-410A 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 November 4, 2021
(the date of the start of retroactive suspension), 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 AD/CVD
duties.
If it is determined that an importer and/or exporter has not met
the certification and/or related documentation requirements for certain
entries, Commerce intends to instruct CBP to suspend, pursuant to this
preliminary affirmative country-wide determination of circumvention and
the Order,\17\ 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.
---------------------------------------------------------------------------

\17\ See Order.
---------------------------------------------------------------------------

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

[[Page 56858]]

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
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: No Shipment Determination
VIII. 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-410A produced in T[uuml]rkiye that
entered under the entry number(s) identified below, and which are
covered by this certification. ``Direct personal knowledge'' refers
to facts the certifying party is expected to have in its own
records. For example, the importer should have direct personal
knowledge of the importation of the product, including the
exporter's and/or foreign seller's identity and location;
C. If the importer is acting on behalf of the first U.S.
customer, include the following sentence as paragraph C of this
certification:
The R-410A covered by this certification were imported by {NAME
OF IMPORTING COMPANY{time} on behalf of {NAME OF U.S.
CUSTOMER{time} , located at {ADDRESS OF U.S. CUSTOMER{time} .
If the importer is not acting on behalf of the first U.S.
customer, include the following sentence as paragraph C of this
certification:
{NAME OF IMPORTING COMPANY{time} is not acting on behalf of the
first U.S. customer.
D. The R-410A covered by this certification was shipped to {NAME
OF PARTY IN THE UNITED STATES TO WHOM THE MERCHANDISE WAS FIRST
SHIPPED{time} located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS
SHIPPED{time} .
E. I have personal knowledge of the facts regarding the
production of the imported products covered by this certification.
``Personal knowledge'' includes facts obtained from another party,
(e.g., correspondence received by the importer (or exporter) from
the producer regarding the source of the HFC components (i.e., R-32
and R-125) used to produce the R-410A);
F. This certification applies to the following entries (repeat
this block as many times as necessary):

Entry Summary #:
Entry Summary Line Item #:
Foreign Seller:
Foreign Seller's Address:
Foreign Seller's Invoice #:
Foreign Seller's Invoice Line Item #:
Country of Origin of HFC Components:
Producer:
Producer's Address:

G. The R-410A covered by this certification do not contain HFC
components (i.e., R-32 and R-125) produced in the People's Republic
of China (China);
H. I understand that {NAME OF IMPORTING COMPANY{time} is
required to maintain a copy of this certification and sufficient
documentation supporting this certification (i.e., documents
maintained in the normal course of business, or documents obtained
by the certifying party, for example, product data sheets, chemical
testing specifications, productions records, invoices, etc.) for the
later of: (1) the date that is five years after the date of the
latest entry covered by the certification or; (2) the date that is
three years after the conclusion of any litigation in the United
States courts regarding such entries;
I. I understand that {IMPORTING COMPANY{time} is required to
maintain a copy of the exporter's certification (attesting to the
production and/or exportation of the imported merchandise identified
above), and any supporting documentation provided to the importer by
the exporter, until the later of: (1) the date that is five years
after the date of the latest entry covered by the certification or;
(2) the date that is three years after the conclusion of any
litigation in United States courts regarding such entries;
J. I understand that {IMPORTING COMPANY{time} is required to
submit a copy of the importer and exporter certifications as part of
the entry summary by uploading them into the document imaging system
(DIS) in ACE, and to provide U.S. Customs and Border Protection
(CBP) and/or the U.S. Department of Commerce (Commerce) with the
importer certification, and any supporting documentation, and a copy
of the exporter's certification, and any supporting documentation
provided to the importer by the exporter, upon request of either
agency;
K. I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce;
L. I understand that failure to maintain the required
certification and supporting documentation, or failure to
substantiate the claims made herein, or not allowing CBP and/or
Commerce to verify the claims made herein, may result in a de facto
determination that all entries to which this certification applies
are within the scope of the antidumping duty (AD) order on R-410A
from T[uuml]rkiye. I understand that such finding will result in:
(i) suspension of liquidation of all unliquidated entries (and
entries for which liquidation has not become final) for which these
requirements were not met;
(ii) the importer being required to post the cash deposits
determined by Commerce; and
(iii) the importer no longer being allowed to participate in the
certification process.
M. I understand that agents of the importer, such as brokers,
are not permitted to make this certification;
N. This certification was completed and signed on, or prior to,
the date of the entry summary if the entry date is more than 14 days
after the date of publication of the notice of Commerce's
preliminary determination of circumvention in the Federal Register.
If the entry date is on or before the 14th day after the date of
publication of the notice of Commerce's preliminary determination of
circumvention in the Federal Register, this certification was
completed and signed by no later than 45 days after publication of
the notice of Commerce's preliminary determination of circumvention
in the Federal Register. 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.
O. I am aware that U.S. law (including, but not limited to, 18
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly
and willfully make materially false statements to the U.S.
government.

Signature
{NAME OF COMPANY OFFICIAL{time}
{TITLE OF COMPANY OFFICIAL{time}
{DATE{time}

Exporter Certification

The party that made the sale to the United States should fill
out the exporter certification.
I hereby certify that:
A. My name is {COMPANY OFFICIAL'S NAME{time} and I am an
official of {NAME OF FOREIGN COMPANY THAT MADE THE SALE TO THE
UNITED STATES); located at

[[Page 56859]]

{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{time} , located at {ADDRESS OF shipped to {NAME OF PARTY IN
THE UNITED STATES TO WHOM MERCHANDISE WAS FIRST SHIPPED{time} ,
located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED{time} ;
D. The R-410A produced in T[uuml]rkiye do not contain HFC
components (i.e., R-32 and R-125) produced in the People's Republic
of China (China);
E. This certification applies to the following sales to {NAME OF
U.S. CUSTOMER{time} , located at {ADDRESS OF U.S. CUSTOMER{time}
(repeat this block as many times as necessary):

Foreign Seller's Invoice # to U.S. Customer:
Foreign Seller's Invoice to U.S. Customer Line item #:
Producer Name:
Producer's Address:
Producer's Invoice # to Foreign Seller: (If the foreign seller and
the producer are the same party, put NA here.)
Name of Producer of HFC Components:
Location (Country) of Producer of HFC Components:

F. The R-410A covered by this certification was shipped to {NAME
OF U.S. PARTY TO WHOM MERCHANDISE WAS SHIPPED{time} , located at
{U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED{time} ;
G. I understand that {NAME OF FOREIGN COMPANY THAT MADE THE SALE
TO THE UNITED STATES required to maintain a copy of this
certification and sufficient documentation supporting this
certification (i.e., documents maintained in the normal course of
business, or documents obtained by the certifying party, for
example, product data sheets, chemical testing specifications,
productions records, invoices, etc.) for the later of: (1) the date
that is five years after the latest date of the entries covered by
the certification; or (2) the date that is three years after the
conclusion of any litigation in the United States courts regarding
such entries;
H. I understand that {NAME OF FOREIGN COMPANY THAT MADE THE SALE
TO THE UNITED STATES{time} is required to provide the U.S. importer
with a copy of this certification and is required to provide U.S.
Customs and Border Protection (CBP) and/or the U.S. Department of
Commerce (Commerce) with this certification, and any supporting
documents, upon request of either agency;
I. I understand that the claims made herein, and the
substantiating documentation are subject to verification by CBP and/
or Commerce;
J. I understand that failure to maintain the required
certification and supporting documentation, or failure to
substantiate the claims made herein, or not allowing CBP and/or
Commerce to verify the claims made herein, may result in a de facto
determination that all sales to which this certification applies are
within the scope of the antidumping duty order on R-410A from
T[uuml]rkiye. 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{time}
{TITLE OF COMPANY OFFICIAL {time}
{DATE{time}

[FR Doc. 2024-15263 Filed 7-10-24; 8:45 am]
BILLING CODE 3510-DS-P

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