Message body
Full text as published by U.S. Customs and Border Protection
1. On 07/11/2024, Commerce issued a final circumvention determination that hydrofluorocarbon blend R-410B from the Republic of Turkiye (Turkiye), completed in Turkiye using Chinese-origin components R-32 (difluoromethane) and R-125 (pentafluoroethane), and subsequently exported to and further processed in the United States into an in-scope blend, R-410A (products covered by the determination) is circumventing the antidumping duty (AD) order on hydrofluorocarbon blends from the People's Republic of China (A-570-028).
See 89 FR 56859.
2.
Specifically, Commerce determined that hydrofluorocarbon blends covered by the determination are covered by the scope of the AD order(s) on hydrofluorocarbon blends from the People's Republic of China because based on the totality of circumstances including:
(i) the product sold in the United States is of the same class or kind of merchandise subject to the AD order on hydrofluorocarbon blends from the People's Republic of China; (ii) the product covered by the circumvention inquiry being sold in the United States is completed or assembled in the United States from parts or components produced in the People's Republic of 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 Chinese-origin hydrofluorocarbon components R-32 and R-125 is a significant portion of the total value of the merchandise completed in Turkiye and exported to and further processed in the United States.
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 not 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 rates in effect on the date of entry in accordance with message 3199411, dated 07/18/2023 (initiation message), and message 4074402, dated 03/14/2024 (affirmative preliminary circumvention determination message).
4b. For all entries of products covered by the determination not already subject to the suspension of liquidation, CBP should suspend liquidation of shipments entered, or withdrawn from warehouse, for consumption on or after 07/07/2023 (date of publication of the notice of initiation of the circumvention inquiry).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.
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: Republic of Turkiye
Case Number: A-489-400
Producer and/or Exporter: All Others
Case Number: A-489-400-000
Cash Deposit Rate: 216.37%
The third country AD/CVD case number(s) above have 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.
5. Certification requirements
5a.
Eligibility for Certification:
importers and exporters of R-410B from Turkiye are eligible for the certification process detailed below.
5a(i).
Except for the company listed in paragraph 5a(ii), importers and exporters of R-410B from Turkiye are eligible for the certification process detailed below and in the Preliminary Determination (89 FR 16536).
5a(ii).
Cantas Ic Ve Dis Ticaret Sogutma Sistemleri Sanayi A.S. is currently not eligible to participate in the certification program established for exports of R-410B from Turkiye.
5b.
Certification Requirements for importers and exporters certifying that the products covered by the determination are produced from non-People's Republic of China origin hydrofluorocarbon components R-32 and R-125 and that the products covered by the determination are not used to produce merchandise subject to the AD order on hydrofluorocarbon blends from the People's Republic of China:
5b(i).
For entries of R-410B from Turkiye entered, or withdrawn from warehouse, for consumption on or after 07/07/2023 for which the importer claims that the R-410B was not produced from Chinese-origin hydrofluorocarbon components R-32 and R-125 and/or is not used to produce merchandise subject to the AD order on hydrofluorocarbon blends from the People's Republic of China, the importer and exporter are 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.
5b(ii).
The exporter is further required to provide the importer a copy of the exporter certification and the importer is required to maintain a copy of the exporter certification.
5b(iii).
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.
For entries made from 07/07/2023 (date of initiation of the circumvention inquiry) through 03/07/2024 (date of publication of the preliminary determination of the circumvention inquiry), for which the importer, or importer's agent, did not submit both the importer's certification and the exporter's certification to CBP as part of the entry process, the importer, or the importer's agent, must submit both the importer's certification and the exporter's certification to CBP in accordance with CBP's regulations governing post summary corrections.
5b(iv).
The importer and third-country exporter are also required to maintain sufficient documentation (as indicated in the certifications) supporting their certifications.
The importer and exporter are required to maintain the certifications and supporting documentation for 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 the United States courts regarding such entries.
5b(v).
Although the importer will not be required to submit the supporting documentation to CBP as part of the entry process, the importer and the exporter will be required to present the supporting documentation to Commerce and/or CBP, as applicable, upon request by the respective agency.
5b(vi).
Agents of the importer, such as brokers, are not permitted to make this certification.
Where the importer uses a broker to facilitate the entry process, it should obtain the entry number and date of entry from the broker.
5b(vii).
The exporter certification should be completed by the party selling the merchandise manufactured in Turkiye to the United States, which is not necessarily the producer of the product.
5b(viii).
The claims made in the importer and exporter certifications and any supporting
documentation are subject to verification by Commerce and/or CBP.
5c.
Further, if CBP determines that the certification and/or documentation requirements identified have not been met (i.e., CBP determines the certification and/or documentation is deficient or otherwise unacceptable), for all entries of products covered by the determination entered, or withdrawn from warehouse, for consumption on or after 07/07/2023 (the date of initiation of the circumvention inquiry), CBP shall suspend liquidation of all such entries as subject to the AD order, and shall require the importer to post applicable AD cash deposits.
Such suspended entries will be liquidated pursuant to applicable administrative reviews of the hydrofluorocarbon blends from the People's Republic of China AD order or through the automatic liquidation process.
5d.
Certification Timing and Format Requirements
5d(i).
For subject merchandise entered, or withdrawn from warehouse, for consumption during the period 07/07/2023 through 03/21/2024, for which certifications are required, importers and exporters each have the option to complete a blanket certification covering multiple entries, individual certifications for each entry, or a combination thereof.
Importer and Exporter certifications for these entries should be completed, signed, and dated no later than 04/21/2024 (within 45 days of the date of publication of the preliminary determination).
Accordingly, the relevant bullet in the certification should be edited to reflect that the certification was completed within this time frame.
For example, in the importer certification the bullet that reads:
"This certification was completed at or prior to the time of entry," could be edited as follows:
"The shipments/products referenced herein entered before mm/dd/yyyy.
This certification was completed on mm/dd/yyyy, within 45 days of the Federal Register notice publication."
Similarly, the bullet in the exporter certification that reads "This certification was completed at or prior to the time of shipment," could be edited as follows:
"The shipments/products referenced herein shipped before mm/dd/yyyy.
This certification was completed on mm/dd/yyyy, within 45 days of the Federal Register notice publication."
Additionally, the exporter must provide the importer a copy of the exporter certification within 45 days of the date of publication of the Preliminary Determination.
5d(ii).
For subject merchandise entered, or withdrawn from warehouse for consumption, the importer and exporter certification requirements described in paragraph 6. apply.
6.
Certifications
6a.
Importer Certification
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 produced in Turkiye 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 covered by this certification was imported by {IMPORTING COMPANY} on behalf 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 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 appropriate statement below:
____The R-410B covered by this certification does not contain HFC Components produced in China.
____I have direct personal knowledge of the facts regarding the end-use of the imported product because my company is the end-user of the imported product covered by this certification and I certify that the imported R-410B from Turkiye will not be used to produce subject merchandise.
"Direct personal knowledge" includes information contained within my company's books and records.
___I do not have personal knowledge of the facts regarding the end-use of the imported product 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.
The imported R-410B covered by this certification will not be further processed into in-scope HFC blends in the United States.
G.
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 #:
Country of Origin of HFC Components:
Producer:
Producer's Address:
H.
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.
I.
I understand that {IMPORTING COMPANY} is required to submit a copy of the importer and exporter certifications 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, and a copy of the exporter's certification, and any supporting documentation provided to the importer by the exporter, upon request of either agency;
J.
I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or Commerce.
K.
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 R-410B from Turkiye.
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 requirement that the importer post applicable antidumping duty cash deposits (as appropriate) equal to the rates determined by Commerce; and
(iii) the importer no longer being allowed to participate in the certification process.
L.
I understand that agents of the importer, such as brokers, are not permitted to make this certification.
M.
This certification was completed by the time of filing the entry summary, if the entry date is more than 14 days after the publication of Commerce's preliminary determination of circumvention in the Federal Register, or within 45 days of the date on which Commerce published its notice of preliminary determination of circumvention in the Federal Register.
N.
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}
6b. Exporter Certification
The party that made the sale to the United States should fill out the exporter certification.
I hereby certify that:
A.
My name is {COMPANY OFFICIAL'S NAME} and I am an official of {NAME OF FOREIGN COMPANY THAT MADE THE SALE TO THE UNITED STATES); located at {ADDRESS OF FOREIGN COMPANY THAT MADE THE SALE TO THE UNITED STATES);
B.
I have direct personal knowledge of the facts regarding the production and exportation of the hydrofluorocarbon (HFC) blend R-410B for which sales are identified below.
"Direct personal knowledge" refers to facts the certifying party is expected to have in its own records.
For example, an exporter should have direct personal knowledge of the producer's identity and location.
C.
The R-410B, and the individual components thereof, covered this certification was shipped to {NAME OF PARTY IN THE UNITED STATES TO WHOM MERCHANDISE WAS FIRST SHIPPED}, located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED};
D.
The R-410B produced in Turkiye do not contain HFC components (i.e., R-32 and R-125) produced in the People's Republic of China (China), regardless of whether sourced directly from a Chinese producer or from a downstream supplier;
E.
This certification applies to the following sales to {NAME OF U.S. CUSTOMER}, located at {ADDRESS OF U.S. CUSTOMER} (repeat this block as many times as necessary):
Foreign Seller's Invoice # to U.S. Customer:
Foreign Seller's Invoice to U.S. Customer Line item #:
Producer Name:
Producer's Address:
Producer's Invoice # to Foreign Seller:
(If the foreign seller and the producer are the same party, put NA here.)
Name of Producer of HFC Components:
Location (Country) of Producer of HFC Components:
F.
I understand that {NAME OF FOREIGN COMPANY THAT MADE THE SALE TO THE UNITED STATES 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 latest date of the entries 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;
G.
I understand that {NAME OF FOREIGN COMPANY THAT MADE THE SALE TO THE UNITED STATES} is required to provide the U.S. importer with a copy of this certification and is required to provide U.S. Customs and Border Protection (CBP) and/or the U.S. Department of Commerce (Commerce) with this certification, and any supporting documents, upon request of either agency;
H.
I understand that the claims made herein, and the substantiating documentation are subject to verification by CBP and/or Commerce;
I.
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 sales to which this certification applies are within the scope of the antidumping duty order on R-410B from Turkiye.
I understand that such a finding will result in:
(i) suspension 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 seller/exporter no longer being allowed to participate in the certification process.
J.
I understand that agents of the seller/exporter, such as freight forwarding companies or brokers, are not permitted to make this certification.
K.
This certification was completed at the time of shipment, if the entry date is more than 14 days after the publication of Commerce's preliminary determination of circumvention in the Federal Register, or within 45 days of the date on which Commerce published its preliminary determination of circumvention in the Federal Register.
L.
I am aware that U.S. law (including, but not limited to, 18 U.S.C. Section1001) imposes criminal sanctions on individuals who knowingly and willfully make material 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 OIX: BB.)
9.
There are no restrictions on the release of this information.
Alexander Amdur