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-489-400)

1. On 07/11/2024, Commerce issued a final circumvention determination that hydrofluorocarbon blends R-410A from Turkiye, completed in Turkiye using People's Republic of China-origin components R-32 (difluoromethane), and R-125 (pentafluoroethane) and subsequently exported from Turkiye 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 56855. 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 Turkiye 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 Turkiye is minor or insignificant; (iv) the value of People's Republic of China-origin hydrofluorocarbon components R-32, and R-125 is a significant portion of the total value of the merchandise made from these components in Turkiye 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. 4. Suspension of Liquidation 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 3199409, dated 07/18/2023 (initiation message), and message 3348404, dated 12/14/2023 (affirmative preliminary circumvention determination message). 4b. Commerce has determined that evidence exists for retroactive 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 56855). Accordingly, for all entries of products covered by the determination not already subject to suspension of liquidation, 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 producers and/or exporters at the country-wide rate, as listed below (see 89 FR 56855). 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: Turkiye Case Number: A-489-400 Exporter: Country-Wide Case Number: A-489-400-000 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. 4d. Commerce determined that Cantas Ic Ve Dis Ticaret Sogutma Sistermleri Sanayi A.S. is not eligible to participate in the certification program established by the final affirmative circumvention determination. Accordingly, CBP should suspend liquidation and require a cash deposit at the antidumping duty rate established for the products covered by the determination from Turkiye (A-489-400-000) that were produced and/or exported by Cantas Ic Ve Dis Ticaret Sogutma Sistermleri Sanayi A.S. 4e. For unliquidated entries (and entries for which liquidation has not become final) of merchandise entered as non-AD type entries (e.g., Type 01) that were entered, or withdrawn from warehouse, for consumption during the period on or after 11/04/2021 (the date set in the final determination) through the date 12/11/2023, (date of publication of the preliminary determination in the Federal Register), for which a conversion from non-AD to AD type is required, importers should file a Post Summary Correction with CBP (in accordance with CBP's regulations) using the appropriate third-country case number. Similarly, the importer should pay cash deposits on those entries consistent with the regulations governing Post Summary Corrections that require payment of additional duties. 5. Certification requirements 5a. Eligibility for Certification: Except for the company listed in paragraph 5a(i), importers and exporters of R-410A from Turkiye are eligible for the certification process detailed below and in the Final Determination (89 FR 56855). 5a(i). 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-410A from Turkiye. 5b. Certification requirements for importers and exporters certifying that the merchandise is produced from non-People's Republic of China origin hydrofluorocarbon components R-32 and R-125: 5b(i) Because Commerce determined to apply retroactive suspension to 11/04/2021, for entries of R-410A from Turkiye, entered, or withdrawn from warehouse, for consumption on or after 11/04/2021 (the date set in the final determination) through 07/06/2023 (the day before the date of initiation of the circumvention inquiry), where the entry has not been liquidated (and entries for which liquidation has not become final), for which the importer claims that the R-410A was not produced from People's Republic of China-origin hydrofluorocarbon components R-32 and R-125, 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 11/04/2021 (date set in the final determination) through 07/06/2023 (the day before the date of initiation of the circumvention inquiry), for which the importer, or the 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 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. 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 11/04/2021 (the date set in the final determination) and not already liquidated, 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 Requirements 5d(i). For subject merchandise entered, or withdrawn from warehouse, for consumption during the period 11/04/2021 through 07/06/2023, where the entry has not been liquidated (and for which entry has not become final) and 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 08/25/2024 (within 45 days of the date of publication of the final 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 with a copy of the exporter certification within 45 days of the date of publication of the Final Determination. 5d(ii). For entries of R-410A from Turkiye entered, or withdrawn from warehouse, for consumption on or after 07/07/2023 for which the importer claims that the R-410A was not produced from People's Republic of China-origin hydrofluorocarbon components R-32 and R-125, the relevant certifications should already be completed and signed. 5d(iii). For subject merchandise entered, or withdrawn from warehouse for consumption, on or after 11/04/2021, the importer and exporter certification requirements described in paragraph 6 apply. 6. Certifications 6a. Importer Certification 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-410A 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-410A 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-410A 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. I have personal knowledge of the facts regarding the production of the imported products covered by this certification. "Personal knowledge" includes facts obtained from another party, (e.g., correspondence received by the importer (or exporter) from the producer regarding the source of the HFC components (i.e., R-32 and R-125) used to produce the R-410A); 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 #: Country of Origin of HFC Components: Producer: Producer's Address: G. The R-410A covered by this certification do not contain HFC components (i.e., R-32 and R-125) produced in the People's Republic of China (China); 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 maintain a copy of the exporter's certification (attesting to the production and/or exportation of the imported merchandise identified above), and any supporting documentation provided to the importer by the exporter, until 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 United States courts regarding such entries; J. 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; K. I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or Commerce; L. 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-410A 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 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. M. I understand that agents of the importer, such as brokers, are not permitted to make this certification; N. 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. If the entry was for consumption during the period 11/04/2021 through 07/06/2023 the relevant certification should be completed and signed as soon as practicable, but not later than 45 days after the date of publication of this final determination in the Federal Register. O. 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 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-410A 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-410A, and the individual components thereof, covered this certification were produced by {NAME OF PRODUCING COMPANY}, located at {ADDRESS OF 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-410A produced in Turkiye do not contain HFC components (i.e., R-32 and R-125) produced in the People's Republic of China (China); 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. The R-410A covered by this certification was shipped to {NAME OF U.S. PARTY TO WHOM MERCHANDISE WAS SHIPPED}, located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED}; G. 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; H. 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; 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 sales to which this certification applies are within the scope of the antidumping duty order on R-410A 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. K. I understand that agents of the seller/exporter, such as freight forwarding companies or brokers, are not permitted to make this certification. L. This certification was completed and signed, and a copy of the certification was provided to the importer, on, or prior to, the date of shipment if the shipment 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 shipment 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, and a copy of the certification was provided to the importer, by no later than 45 days after publication of the notice of Commerce's preliminary determination of circumvention in the Federal Register. If the entry was for consumption during the period 11/04/2021 through 07/06/2023 the relevant certification should be completed and signed as soon as practicable, but not later than 45 days after the date of publication of this final determination in the Federal Register. M. 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 OII: PS.) 9. There are no restrictions on the release of this information. Alexander Amdur