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]
-----------------------------------------------------------------------
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