Final determination of circumvention - antidumping duty order on hydrofluorocarbon blends from the People's Republic of China (A-570-028) (Third Country Case Number A-557-300)

1. On 06/12/2024, Commerce issued a final circumvention determination that hydrofluorocarbon blends R-410A and R-407C, from Malaysia, completed in Malaysia using People's Republic of China-origin components R-32 (difluoromethane), R-125 (pentafluoroethane), and R-134a (1,1,1, 2 tetrafluoroethane) and subsequently exported from Malaysia to the United States (products covered by the determination) are circumventing the antidumping duty (AD) order on hydrofluorocarbon blends from the People's Republic of China (A-570-028). See 89 FR 49842. 2. Specifically, Commerce determined that the products covered by the determination are covered by the scope of the AD order on hydrofluorocarbon blends from the People's Republic of China because (i) the products imported into the United States from Malaysia are within the same class or kind of merchandise subject to the AD order on hydrofluorocarbon blends from the People's Republic of China; (ii) the products covered by the determination are being completed and assembled, in part, from parts and components produced in the People's Republic of China; (iii) the totality of the factors indicates the process of assembly or completion in Malaysia is minor or insignificant; (iv) the value of People's Republic of China-origin hydrofluorocarbon components R-32, R-125, and R-134a is a significant portion of the total value of the merchandise made from these components in Malaysia and exported to the United States; and (v) action is appropriate to prevent evasion of the order on hydrofluorocarbon blends from the People's Republic of China. 3. This final circumvention determination is applicable on a country-wide basis, regardless of foreign producer, exporter, or importer. 4a. Continue to suspend liquidation of entries of products covered by the determination already subject to the suspension of liquidation under the antidumping duty order on hydrofluorocarbon blends from the People's Republic of China at the cash deposit rate(s) in effect on the date of entry in accordance with message 3199408, dated 07/18/2023 (initiation message), and message 3348401, dated 12/14/2023 (affirmative preliminary circumvention determination message). 4b. Commerce has determined that evidence exists for suspension of liquidation of entries preceding the initiation date of this circumvention inquiry for imports of subject merchandise from the producers and/or exporters identified below (see 89 FR 49842). Accordingly, for all entries of products covered by the determination, CBP should suspend liquidation of such shipments entered, or withdrawn from warehouse, for consumption on or after 11/04/2021, (the date set in the final determination) and shall require, for such entries, a cash deposit equal to the percentage of entered value for the producer and/or exporter listed below. Commerce established a third-country case number to allow products covered by the determination to be properly reported as subject to the order on hydrofluorocarbon blends from the People's Republic of China (A-570-028) upon entry. Third Country: Malaysia Case Number: A-557-300 Exporter: Country-Wide Case Number: A-557-300-000 Cash Deposit Rate: 216.37% The third country AD case number above has been assigned for CBP purposes. 4c. Entries of products covered by subparagraph(s) 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. 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. 6. 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.) 7. There are no restrictions on the release of this information. Alexander Amdur