Antidumping Duty Order on Hydrofluorocarbon Blends From the People's Republic of China: Final Negative Determination of Circumvention With Respect to R-410B From Mexico, 88970-88971 [2024-26176]

Download as PDF 88970 Federal Register / Vol. 89, No. 218 / Tuesday, November 12, 2024 / Notices FOR FURTHER INFORMATION CONTACT: Howard Smith, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5193. SUPPLEMENTARY INFORMATION: khammond on DSKJM1Z7X2PROD with NOTICES Background On August 23, 2023, Commerce published its final affirmative determinations of circumvention of the AD and CVD orders on solar cells and modules from China.1 In the Final Circumvention Determinations, Commerce based its decision regarding Red Sun 2 on adverse facts available (AFA) and, with the exception of the ‘‘Applicable Entries’’ certification, precluded importers and exporters from using the certifications that Commerce developed in the circumvention inquiry with respect to Red Sun’s solar cells and modules.3 Following publication of the Final Circumvention Determinations, Red Sun filed a lawsuit with the U.S. Court of International Trade (CIT) challenging Commerce’s determination to apply AFA to Red Sun and preclude certain certifications from being used with respect to entries of Red Sun’s solar cells and modules. On October 29, 2024, the United States and Red Sun entered into an agreement to settle and resolve all claims raised in Red Sun’s complaint. Pursuant to the terms of the settlement and the stipulation for entry of judgment, Commerce is removing Red Sun from the list of companies in Appendix II of the Final Circumvention Determinations for which parties may not file the certifications that are in Appendix VI of the Final Circumvention Determinations. The CIT issued its order of judgment by stipulation on November 1, 2024.4 Consistent with the settlement agreement and the November 1, 2024, order of judgment by stipulation, Commerce will notify U.S. Customs and 1 See Antidumping and Countervailing Duty Orders on Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People’s Republic of China: Final Scope Determination and Final Affirmative Determinations of Circumvention With Respect to Cambodia, Malaysia, Thailand, and Vietnam, 88 FR 57419 (August 23, 2023) (Final Circumvention Determinations). 2 In the circumvention inquiry, Commerce referred to the company as Red Sun Energy Co., Ltd. See Red Sun’s Letter ‘‘Request for a Public Hearing’’ dated January 6, 2023, at 1 (‘‘. . . Red Sun Energy Long An Co., Ltd. (also known as, Red Sun Energy Co., Ltd.) . . .’’). 3 See Final Circumvention Determinations, 88 FR 57420–21 and Appendix II. 4 See Order of Judgment by Stipulation, ECF No. 47, CIT No. 23–00229 (November 1, 2024). VerDate Sep<11>2014 16:35 Nov 08, 2024 Jkt 265001 Border Protection (CBP) that it has removed Red Sun from the list of companies for which parties may not file the certifications that are in Appendix VI of the Final Circumvention Determinations. Specifically, Commerce will instruct CBP that importers and exporters are permitted to use the certifications that are in Appendix VI of the Final Circumvention Determinations with respect to Red Sun’s inquiry merchandise that is entered into the United States, or withdrawn from warehouse, for consumption, on or after April 1, 2022, the date of initiation of the circumvention inquiry. Specifically, for Red Sun’s inquiry merchandise that was entered into the United States, or withdrawn from warehouse, for consumption during the period April 1, 2022, through the date that is two weeks after publication of this notice of amended final determinations in the Federal Register, where the entry has not been liquidated (and entries for which liquidation has not become final), importers should complete, sign, and date the Appendix VI importer certification, if applicable, and exporters should complete, sign, and date the Appendix VI exporter certification, if applicable, and provide a copy of the exporter certification to the importer, no later than 45 days after the date of publication of this notice of amended final determinations in the Federal Register. Importers and exporters each have the option to complete an Appendix VI certification covering multiple entries, individual Appendix VI certifications for each entry, or a combination thereof. 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, it 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. For Red Sun’s inquiry merchandise that was entered into the United States, or withdrawn from warehouse, for consumption, after the date that is two weeks after publication of this notice of amended final determinations in the Federal Register, the importer should complete, sign, and date the Appendix VI importer certification, if applicable, on, or prior to, the date of the entry summary, and the exporter should complete, sign, and date the Appendix VI exporter certification, if applicable, and provide a copy of the exporter PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 certification to the importer, on, or prior to, the date of shipment. Notification to Interested Parties We are issuing, and publishing notice of, this amended determination in accordance with section 516a(e) of the Tariff Act of 1930, as amended. Dated: November 5, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2024–26141 Filed 11–8–24; 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 Negative Determination of Circumvention With Respect to R– 410B From Mexico Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that imports of R–410B from Mexico, which are completed in Mexico using components originating in the People’s Republic of China (China), and further processed in the United States, as specified below, are not circumventing the antidumping duty (AD) order on hydrofluorocarbon (HFC) blends from China. AGENCY: DATES: Applicable November 12, 2024. FOR FURTHER INFORMATION CONTACT: Ashley Cossaart, AD/CVD Operations, Office IX, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0462. SUPPLEMENTARY INFORMATION: Background On July 2, 2024, Commerce published in the Federal Register its Preliminary Determination that imports of R–410B completed in Mexico using Chineseorigin HFC components and subsequently exported from Mexico to the United States are not circumventing the Order and invited interested parties to comment.1 On July 22, 2024, 1 See Antidumping Duty Order on Hydrofluorocarbon Blends from the People’s Republic of China: Preliminary Negative Determination of Circumvention With Respect to R– 410B from Mexico, 89 FR 54768 (July 2, 2024), E:\FR\FM\12NON1.SGM 12NON1 Federal Register / Vol. 89, No. 218 / Tuesday, November 12, 2024 / Notices methodology in the final determination. Therefore, for a complete description of the methodology underlying this circumvention inquiry, see the Preliminary Determination. Final Circumvention Determination Pursuant to section 781(a) of the Act, Commerce determines that R–410B from Mexico, completed in Mexico using HFC components from China, that is further processed in the United States, is not circumventing the Order. As a result, in accordance with section 781(a) of the Act, we determine that the inquiry merchandise should not be included within the scope of the Order. DEPARTMENT OF COMMERCE Scope of the Order 6 The products subject to the Order are HFC blends from China. For a complete description of the scope of the Order, see the Issues and Decision Memorandum. Suspension of Liquidation and Cash Deposit Requirements Pursuant to 19 CFR 351.226(l)(4), Commerce will order U.S. Customs and Border Protection to terminate the suspension of liquidation and refund cash deposits for any imports of inquiry merchandise that are suspended pursuant to this circumvention inquiry. AGENCY: Merchandise Subject to the Circumvention Inquiry This circumvention inquiry covers imports of R–410B from Mexico, which are completed in Mexico using Chinaorigin HFC components and further processed in the United States (inquiry merchandise). Methodology Commerce conducted this circumvention inquiry in accordance with section 781(a) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.226. We made no changes to our khammond on DSKJM1Z7X2PROD with NOTICES IV. Discussion of the Issues Comment 1: Whether Commerce Should Continue to Reach a Negative Determination Comment 2: Whether to Impose an EndUse Certification Requirement for Future Imports Comment 3: Whether to Require IGas Holdings, Inc. (IGas Holdings) to Certify That it is Not Reblending or Reselling R– 410B from Mexico V. Recommendation Commerce tolled certain deadlines in this administrative proceeding by seven days.2 On August 12, 2024, Commerce postponed the deadline to issue the final determination in this circumvention inquiry by 65 days, until November 5, 2024.3 We received timelyfiled case and rebuttal briefs from IGas Holdings, Inc. and the petitioner.4 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.5 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. (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,’’ dated July 22, 2024. 3 See Memorandum, ‘‘Extension of Final Determination in Circumvention Inquiry,’’ dated August 12, 2024. 4 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. 5 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 Mexico,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 6 See Hydrofluorocarbon Blends from the People’s Republic of China: Antidumping Duty Order, 81 FR 55436 (August 19, 2016) (Order). VerDate Sep<11>2014 16:35 Nov 08, 2024 Jkt 265001 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 as an appendix. Based on our analysis of the comments received, we made no changes to the Preliminary Determination. 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(a) of the Act and 19 CFR 351.226(g)(2). Dated: November 5, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 88971 [FR Doc. 2024–26176 Filed 11–8–24; 8:45 am] BILLING CODE 3510–DS–P International Trade Administration [A–533–820; A–560–812; A–570–865; A– 583–835; A–549–817; A–823–811] Certain Hot-Rolled Carbon Steel Flat Products from India, Indonesia, the People’s Republic of China, Taiwan, Thailand, and Ukraine: Final Results of Expedited Fourth Sunset Reviews of the Antidumping Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of these expedited sunset reviews, the U.S. Department of Commerce (Commerce) finds that revocation of the antidumping duty orders on certain hot-rolled carbon steel flat products from India, Indonesia, the People’s Republic of China (China), Taiwan, Thailand, and Ukraine would be likely to lead to continuation or recurrence of dumping. The magnitude of the dumping margins likely to prevail are indicated in the ‘‘Final Results of Sunset Review’’ section of this notice. DATES: Applicable November 12, 2024. FOR FURTHER INFORMATION CONTACT: Yang Jin Chun, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone (202) 482–5760. SUPPLEMENTARY INFORMATION: Background In 2001, Commerce published in the Federal Register the orders with respect to certain hot-rolled carbon steel flat products from India, Indonesia, China, Taiwan, Thailand, and Ukraine.1 On 1 See Notice of Amended Final Antidumping Duty Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Hot-Rolled Carbon Steel Flat Products from India, 66 FR 60194 (December 3, 2001); Antidumping Duty Order: Certain Hot-Rolled Carbon Steel Flat Products from Indonesia, 66 FR 60192 (December 3, 2001); Notice of Antidumping Duty Order: Certain Hot Rolled E:\FR\FM\12NON1.SGM Continued 12NON1

Agencies

[Federal Register Volume 89, Number 218 (Tuesday, November 12, 2024)]
[Notices]
[Pages 88970-88971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26176]


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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 Negative Determination of 
Circumvention With Respect to R-410B From Mexico

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 Mexico, which are completed in Mexico using 
components originating in the People's Republic of China (China), and 
further processed in the United States, as specified below, are not 
circumventing the antidumping duty (AD) order on hydrofluorocarbon 
(HFC) blends from China.

DATES: Applicable November 12, 2024.

FOR FURTHER INFORMATION CONTACT: Ashley Cossaart, AD/CVD Operations, 
Office IX, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-0462.

SUPPLEMENTARY INFORMATION:

Background

    On July 2, 2024, Commerce published in the Federal Register its 
Preliminary Determination that imports of R-410B completed in Mexico 
using Chinese-origin HFC components and subsequently exported from 
Mexico to the United States are not circumventing the Order and invited 
interested parties to comment.\1\ On July 22, 2024,

[[Page 88971]]

Commerce tolled certain deadlines in this administrative proceeding by 
seven days.\2\ On August 12, 2024, Commerce postponed the deadline to 
issue the final determination in this circumvention inquiry by 65 days, 
until November 5, 2024.\3\ We received timely-filed case and rebuttal 
briefs from IGas Holdings, Inc. and the petitioner.\4\
---------------------------------------------------------------------------

    \1\ See Antidumping Duty Order on Hydrofluorocarbon Blends from 
the People's Republic of China: Preliminary Negative Determination 
of Circumvention With Respect to R-410B from Mexico, 89 FR 54768 
(July 2, 2024), (Preliminary Determination), and accompanying 
Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \3\ See Memorandum, ``Extension of Final Determination in 
Circumvention Inquiry,'' dated August 12, 2024.
    \4\ 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.
---------------------------------------------------------------------------

    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.\5\ 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.
---------------------------------------------------------------------------

    \5\ 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 Mexico,'' dated concurrently with, 
and hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order 6
---------------------------------------------------------------------------

    \6\ See Hydrofluorocarbon Blends from the People's Republic of 
China: Antidumping Duty Order, 81 FR 55436 (August 19, 2016) 
(Order).
---------------------------------------------------------------------------

    The products subject to the Order are HFC blends from China. 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 Mexico, 
which are completed in Mexico using China-origin HFC components and 
further processed in the United States (inquiry merchandise).

Methodology

    Commerce conducted this circumvention inquiry in accordance with 
section 781(a) of the Tariff Act of 1930, as amended (the Act), and 19 
CFR 351.226. We made no changes to our methodology in the final 
determination. Therefore, for a complete description of the methodology 
underlying this circumvention inquiry, see the Preliminary 
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 as an appendix. Based on our analysis of the comments received, 
we made no changes to the Preliminary Determination.

Final Circumvention Determination

    Pursuant to section 781(a) of the Act, Commerce determines that R-
410B from Mexico, completed in Mexico using HFC components from China, 
that is further processed in the United States, is not circumventing 
the Order. As a result, in accordance with section 781(a) of the Act, 
we determine that the inquiry merchandise should not be included within 
the scope of the Order.

Suspension of Liquidation and Cash Deposit Requirements

    Pursuant to 19 CFR 351.226(l)(4), Commerce will order U.S. Customs 
and Border Protection to terminate the suspension of liquidation and 
refund cash deposits for any imports of inquiry merchandise that are 
suspended pursuant to this circumvention inquiry.

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(a) of the Act and 19 CFR 351.226(g)(2).

    Dated: November 5, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
    Comment 1: Whether Commerce Should Continue to Reach a Negative 
Determination
    Comment 2: Whether to Impose an End-Use Certification 
Requirement for Future Imports
    Comment 3: Whether to Require IGas Holdings, Inc. (IGas 
Holdings) to Certify That it is Not Reblending or Reselling R-410B 
from Mexico
V. Recommendation

[FR Doc. 2024-26176 Filed 11-8-24; 8:45 am]
BILLING CODE 3510-DS-P
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