Liquidation instructions for hydrofluorocarbon blends from the People's Republic of China exported by China-wide entity for the period 08/01/2021 through 07/31/2022 (A-570-028)

1a. For all shipments of hydrofluorocarbon (HFC) blends from the People's Republic of China (China) exported by the China-wide entity (A-570-028-000) entered, or withdrawn from warehouse, for consumption during the period 08/01/2021 through 07/31/2022, assess an antidumping liability equal to 216.37 percent of the entered value of subject merchandise. 1b. In Commerce's final results, 89 FR 16724, Commerce determined that the following exporters are no longer eligible for a separate rate and are considered part of the China-wide entity: Exporter: Daikin Fluorochemicals (China) Co., Ltd. Exporter: Zhejiang Yonghe Refrigerant Co., Ltd Therefore, CBP shall liquidate entries of HFC blends from China which were exported by the firms listed above in this paragraph and entered, or withdrawn from warehouse, for consumption during the period 08/01/2021 through 07/31/2022, in accordance with the instructions in paragraph 1a above for the China-wide entity. Entries of such merchandise may have entered under the following case numbers: A-570-028-014 A-570-028-021 A-570-028-024 1c. A summons was filed in the U.S. Court of International Trade (Court) to contest the final results of the underlying administrative review. Accordingly, unless instructed otherwise, CBP should not liquidate entries covered by this message until 95 days after the notice of lifting of suspension identified in this message, to ensure the entries are not liquidated prior to the expiration of the time parties have to file a request for a statutory injunction. Instructions will be issued if the Court issues a statutory injunction. 2. Commerce is currently conducting circumvention inquiries on whether R-410A and R-407C completed in Malaysia using China-origin components and subsequently exported to the United States (products covered by Inquiry 1); R-410A completed in the Republic of Turkey (Turkey) using China-origin components and subsequently exported to the United States (products covered by Inquiry 2); R-410B completed in Turkey, using China-origin components and subsequently exported to and further processed in the United States into an in-scope blend, R-410A (products covered by Inquiry 3); R-410B, R-407G and a custom HFC blend exported from China which are further processed in the United States (products covered by Inquiry 4); and R-410B completed in Mexico using China-origin components and subsequently exported to and further processed in the United States into an in-scope blend, R-410A (products covered by Inquiry 5) are covered by the scope of the antidumping duty order on HFC blends from China. 2a. In message 3199408, dated 07/18/2023, Commerce instructed CBP to continue to suspend entries of products covered by Inquiry 1 that are already subject to suspension of liquidation under the antidumping duty order. Subsequently, in message 3348401, dated 12/14/2023, for entries of merchandise covered by inquiry 1 not already subject to the suspension of liquidation, Commerce instructed CBP to suspend liquidation of shipments entered, or withdrawn from warehouse, for consumption on or after 07/07/2023. Entries of products covered by those messages should not be liquidated until specific liquidation instructions are issued. 2b. In message 3199409, dated 07/18/2023, Commerce instructed CBP to continue to suspend entries of products covered by Inquiry 2 that are already subject to suspension of liquidation under the antidumping duty order. Subsequently, in message 3348404, dated 12/14/2023, for entries of merchandise covered by inquiry 2 not already subject to the suspension of liquidation, Commerce instructed CBP to suspend liquidation of shipments entered, or withdrawn from warehouse, for consumption on or after 07/07/2023. Entries of products covered by those messages should not be liquidated until specific liquidation instructions are issued. 2c. In message 3199410, dated 07/18/2023, Commerce instructed CBP to continue to suspend entries of products covered by Inquiry 3 that are already subject to suspension of liquidation under the antidumping duty order. Subsequently, in message 4074402, dated 03/14/2024, for entries of merchandise covered by inquiry 3 not already subject to the suspension of liquidation, Commerce instructed CBP to suspend liquidation of shipments entered, or withdrawn from warehouse, for consumption on or after 07/07/2023. Entries of products covered by those messages should not be liquidated until specific liquidation instructions are issued. 2d. In message 3199411, dated 07/18/2023, Commerce instructed CBP to continue to suspend entries of products covered by Inquiry 4 that are already subject to suspension of liquidation under the antidumping duty order. Subsequently, in message 4108406, dated 04/17/2024, for entries of merchandise covered by inquiry 4 not already subject to the suspension of liquidation, Commerce instructed CBP to suspend liquidation of shipments entered, or withdrawn from warehouse, for consumption on or after 07/07/2023. Entries of products covered by those messages should not be liquidated until specific liquidation instructions are issued. 2e. In message 3304407, dated 10/31/2023, Commerce instructed CBP to continue to suspend entries of products covered by Inquiry 5 that are already subject to suspension of liquidation under the antidumping duty order. Entries of products covered by that message should not be liquidated until specific liquidation instructions are issued. 3. The notice of lifting of suspension of liquidation for entries of subject merchandise covered by paragraph 1a and 1b occurred with the publication of the final results of administrative review (89 FR 16724, 03/08/2024). Unless instructed otherwise, for all other shipments of HFC blends from China, you shall continue to collect cash deposits of estimated antidumping duties for the merchandise at the current cash deposit rates or per-unit amounts. 4. There are no injunctions applicable to the entries covered by this instruction. 5. The assessment of antidumping duties by CBP on shipments or entries of this merchandise is subject to the provisions of section 778 of the Tariff Act of 1930, as amended. Section 778 requires that CBP pay interest on overpayments or assess interest on underpayments of the required amounts deposited as estimated antidumping duties. The interest provisions are not applicable to cash or bonds posted as estimated antidumping duties before the date of publication of the antidumping duty order. Interest shall be calculated from the date payment of estimated antidumping duties is required through the date of liquidation. The rate at which such interest is payable is the rate in effect under section 6621 of the Internal Revenue Code of 1954 for such period. 6. Upon assessment of antidumping duties, CBP shall require that the importer provide a reimbursement certification in accordance with 19 CFR 351.402(f)(2) and as described under this paragraph: a.. The importer must certify with CBP prior to liquidation (except as provided below) whether the importer has or has not been reimbursed or entered into any agreement or understanding for the payment or for the refunding to the importer by the manufacturer, producer, seller, or exporter for all or any part of the antidumping and/or countervailing duties, as appropriate. Such certification should identify the commodity and country and contain the information necessary to link the certification to the relevant entry or entry line number(s). b.. The certification may be filed either electronically or in paper in accordance with CBP's requirements, as applicable. c.. If an importer does not provide its certification prior to liquidation, CBP may accept the certification in accordance with its protest procedures under 19 U.S.C. 1514, unless otherwise directed. d. Certifications are required for entries of the relevant commodity that have been imported on or after the date of publication of the antidumping notice in the Federal Register that first suspended liquidation in that proceeding. e. Consistent with 19 CFR 351.402(f)(3), if an importer fails to file the certification, Commerce may presume that the importer was paid or reimbursed the antidumping or countervailing duties. Therefore, if the importer does not provide the certification prior to liquidation (or as provided above), reimbursement of the duties shall be presumed. Accordingly, if there is no certification with respect to the antidumping duty, CBP shall increase the antidumping duty by the amount of the antidumping duty. In addition, if there is no certification with respect to any applicable countervailing duty, CBP shall increase the antidumping duty by the amount of the countervailing duty. Further, if the importer certifies that it has an agreement with the manufacturer, producer, seller, or exporter, to be reimbursed antidumping duties, CBP shall increase the antidumping duty by the amount of the antidumping duty. In addition, if the importer certifies that it has an agreement with the manufacturer, producer, seller, or exporter, to be reimbursed any applicable countervailing duties, CBP shall increase the antidumping duty by the amount of the countervailing duty. 7. This instruction to liquidate entries covered by this message does not limit CBP's independent authority, including its authority to suspend, continue to suspend, or extend liquidation of entries addressed by this message. Accordingly, CBP should examine all entries for which this message directs liquidation to determine whether any such entries are subject to suspension, continued suspension, or extension of liquidation pursuant to CBP's independent authority (e.g., Enforce and Protect Act under section 517 of the Tariff Act of 1930, as amended). If entries of subject merchandise covered by this message are subject to suspension, continued suspension, or extension of liquidation pursuant to CBP's own authority, CBP port officials should follow CBP's internal procedures with respect to continuing any suspension, the lifting of suspension, and/or continuing any extension of liquidation for such entries. 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:JX.) 9. There are no restrictions on the release of this information. Alexander Amdur