Preliminary determination of circumvention - antidumping duty order on hydrofluorocarbon blends from the People's Republic of China (A-570-028)

1. On 04/11/2024, Commerce issued a preliminary determination that R-410B, R-407G, and a custom hydrofluorocarbon (HFC) blend of 50-percent R-125 and 50-percent R-134a (custom HFC blend) which are blended in the People's Republic of China (China) using China-origin HFC components and further processed in the United States (collectively, products covered by the inquiry) are circumventing the antidumping duty order on HFC blends from China (A-570-028). See 89 FR 25568. 2. Specifically, Commerce preliminarily determined that imports of products covered by the inquiry are covered by the antidumping duty order on HFC blends from China based on the totality of circumstances including (i) the products sold in the United States are of the same class or kind of merchandise subject to the AD order on HFC blends from China; (ii) the products covered by the circumvention inquiry being sold in the United States are completed or assembled in the United States from parts or components produced in China; (iii) the totality of factors indicates the process of assembly or completion in the United States is minor or insignificant; and (iv) the value of China-origin HFC components is a significant portion of the total value of the merchandise further processed in the United States. 3. This preliminary circumvention determination is applicable on a country-wide basis, regardless of foreign producer, exporter, or importer. 4. Suspension of Liquidation 4a. Continue to suspend liquidation of entries of products covered by the inquiry that are already subject to the suspension of liquidation under the antidumping duty order on HFC blends from China in accordance with message 3199411, dated 07/18/2023 (initiation message). 4b. For all entries of products covered by the inquiry that are not already subject to the suspension of liquidation, CBP shall suspend liquidation, of shipments entered, or withdrawn from warehouse, for consumption on or after 07/07/2023 (date of publication of the notice of initiation of the circumvention inquiry). CBP shall require, for such entries, a cash deposit at the applicable rate(s) in effect on the date of entry. 4c. Entries of products covered by subparagraphs 4a and 4b should not be liquidated until specific liquidation instructions are issued. Any entries which are set for liquidation must be unset immediately. 5. Certification requirements 5a. Eligibility for Certification All importers of products covered by the inquiry are eligible for the certification process detailed below and as discussed in the Preliminary Determination (89 FR 25568, 04/11/2024). 5b. Certification Requirements For entries of the products covered by the inquiry entered, or withdrawn from warehouse, for consumption on or after 07/07/2023 which the importer claims was not further processed into subject HFC blends in the United States, the importer is required to meet the certification and documentation requirements detailed in the certifications below in order for no cash deposit to be required on such entries. 5c. If CBP determines that the certification and/or documentation requirements identified below have not been met (i.e., CBP determines that the certification and/or documentation is deficient or otherwise unacceptable), for all entries of products covered by the inquiry entered, or withdrawn from warehouse, for consumption on or after 07/07/2023, CBP shall suspend liquidation of all such entries as subject to the antidumping duty order, and shall require the importer to post applicable antidumping duty cash deposits. Such suspended entries will be liquidated pursuant to administrative reviews of the HFC blends from China antidumping duty order or the automatic liquidation process. 5d. Certification Timing and Format Requirements: For subject merchandise entered, or withdrawn from warehouse, for consumption during the period 07/07/2023 through 04/25/2024 (14 days after the date of publication of the Preliminary Determination), where the entry has not been liquidated, the certification should be completed and signed as soon as practicable, but not later than 45 days after 04/11/2024 (the date of publication of the Preliminary Determination). For such entries, importers have the option to complete a blanket certification covering multiple entries, individual certifications for each entry, or a combination thereof. For entries after 04/25/2024, 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 the importer's certification to CBP as part of the entry process by uploading it 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. Additionally, the claims made in certifications and any supporting documentation are subject to verification by Commerce and/or CBP. Importers are required to maintain 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. 6. Certifications I hereby certify that: A. My name is {IMPORTING COMPANY OFFICIAL'S NAME} and I am an official of {NAME OF IMPORTING COMPANY}, located at {ADDRESS of IMPORTING COMPANY}; B. I have direct personal knowledge of the facts regarding the importation into the Customs territory of the United States of the hydrofluorocarbon (HFC) blend R-410B, R-407G, and a certain custom HFC blend produced in China 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-410B, R-407G, and a certain custom HFC blend 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-410B, R-407G, and a certain custom HFC blend covered by this certification was shipped to {NAME OF PARTY IN THE UNITED STATES TO WHOM THE MERCHANDISE WAS FIRST SHIPPED} located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED}. E. Select the appropriate statement below: _____ I have direct personal knowledge of the facts regarding the end use of the imported products covered by this certification because my company is the end user of the imported product covered by this certification and I certify that the R-410B, R-407G, and a certain custom HFC blend will not be used to produce subject merchandise. "Direct Personal knowledge" includes information contained within my company's books and records. _____ I have personal knowledge of the facts regarding the end use of the imported products covered by this certification because my company is not the end user of the imported product covered by this certification. However, I have been able to contact the end user of the imported product and confirm that it will not use this product to produce subject merchandise. The end user of the imported product is {COMPANY NAME} located at {ADDRESS}. ''Personal knowledge'' includes facts obtained from another party (e.g., correspondence received by the importer from the end user of the product). F. 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 #: Producer: Producer's Address: G. 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; H. I understand that {IMPORTING COMPANY} is required to submit a copy of the importer certification 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, 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 entries to which this certification applies are within the scope of the antidumping duty (AD) order on HFC blends from China. I understand that such finding will result in: (i) suspension of liquidation of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met; (ii) the 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. K. I understand that agents of the importer, such as brokers, are not permitted to make this certification. Where a broker or other party was used to facilitate the entry process, {NAME OF IMPORTING COMPANY} obtained the entry summary number and date of entry summary from that party. L. 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. M. I am aware that U.S. law (including, but not limited to, 18 U.S.C. Section 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} 7. In accordance with 19 CFR 351.226(l)(5), this instruction does not affect or otherwise limit CBP's independent authority to take any additional action with respect to the suspension of liquidation or related measures. 8. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by OII: BN.) 9. There are no restrictions on the release of this information. Alexander Amdur