Notice2024-14571
Antidumping Duty Order on Hydrofluorocarbon Blends From the People's Republic of China: Preliminary Negative Determination of Circumvention With Respect to R-410B From Mexico
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 2, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that imports of R-410B from Mexico, which are allegedly completed in Mexico using components originating in the People's Republic of China (China), and further processed in the United States, as specified below, are not circumventing the antidumping duty (AD) order on hydrofluorocarbon (HFC) blends from China.
Full Text
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<title>Federal Register, Volume 89 Issue 127 (Tuesday, July 2, 2024)</title>
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[Federal Register Volume 89, Number 127 (Tuesday, July 2, 2024)]
[Notices]
[Pages 54768-54769]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-14571]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-028]
Antidumping Duty Order on Hydrofluorocarbon Blends From the
People's Republic of China: Preliminary Negative Determination of
Circumvention With Respect to R-410B From Mexico
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that imports of R-410B from Mexico, which are allegedly
completed in Mexico using components originating in the People's
Republic of China (China), and further processed in the United States,
as specified below, are not circumventing the antidumping duty (AD)
order on hydrofluorocarbon (HFC) blends from China.
DATES: Applicable July 2, 2024.
FOR FURTHER INFORMATION CONTACT: Melissa Porpotage, AD/CVD Operations,
Office IX, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1413.
SUPPLEMENTARY INFORMATION:
Background
On August 19, 2016, Commerce published the Order in the Federal
Register.\1\ On October 30, 2023, Commerce initiated a country-wide
circumvention inquiry to determine whether imports of R-410B from
Mexico, completed in Mexico using HFC components R-32 (difluoromethane)
and R-125 (pentafluoroethane) (collectively, China-origin HFC
components) manufactured in China, and further processed in the United
States are circumventing the Order and, accordingly, should be covered
by the scope of the Order.\2\ In December 2023, Commerce selected the
following two mandatory respondents in this circumvention inquiry: iGas
LLC (iGas) and Quimica Marcat, S.A. DE C.V. (Quimica Marcat).\3\ For a
complete description of the events that followed the initiation of this
circumvention inquiry, see the Preliminary Decision Memorandum.\4\
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\1\ See Hydrofluorocarbon Blends from the People's Republic of
China: Antidumping Duty Order, 81 FR 55436 (August 19, 2016)
(Order).
\2\ See Hydrofluorocarbon Blends from the People's Republic of
China: Initiation of Circumvention Inquiry on the Antidumping Duty
Order, 88 FR 74150 (October 30, 2023).
\3\ See Memorandum, ``Respondent Selection,'' dated December 19,
2023; see also Commerce's Letter, ``R-410B from Mexico Initial
Questionnaire,'' dated December 27, 2023.
\4\ See Memorandum, ``Antidumping Duty Order on
Hydrofluorocarbon Blends from the People's Republic of China:
Preliminary Decision Memorandum for the Circumvention Inquiry with
Respect to R-410B from Mexico,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order
The merchandise covered by the Order is certain HFC blends from
China. For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.\5\
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\5\ Id. at 1-3.
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Merchandise Subject to the Circumvention Inquiry
This circumvention inquiry covers imports of R-410B from Mexico,
which are completed in Mexico using China-origin HFC components and
further
[[Page 54769]]
processed in the United States (inquiry merchandise).
Methodology
Commerce is conducting this circumvention inquiry in accordance
with section 781(a) of the Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.226. For a complete description of the methodology
underlying this circumvention inquiry, see the Preliminary Decision
Memorandum. A list of topics discussed in the Preliminary Decision
Memorandum is included in the appendix to this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Preliminary Circumvention Determination
As detailed in the Preliminary Decision Memorandum, Commerce
preliminarily determines that R-410B from Mexico, allegedly completed
in Mexico using HFC components from China, that is further processed in
the United States, is not circumventing the Order. As a result, in
accordance with section 781(a) of the Act, we preliminarily determine
that the inquiry merchandise should not be included within the scope of
the Order.
Verification
As provided in 19 CFR 351.307, Commerce may verify information
relied upon in making its final determination.
Public Comment
Case briefs or other written comments should be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which any verification report is issued.
Rebuttal briefs, limited to issues raised in the case briefs, may be
filed no later than five days after the date for filing case briefs.\6\
Interested parties who submit case briefs or rebuttal briefs in these
proceedings must submit: (1) a statement of the issue; and (2) a table
of authorities.\7\ Case and rebuttal briefs should be filed using
ACCESS.
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\6\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Final Service Rule).
\7\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this circumvention inquiry, we instead
request that interested parties provide at the beginning of their
briefs a public, executive summary for each issue raised in their
briefs.\8\ Further, we request that interested parties limit their
executive summary of each issue to no more than 450 words, not
including citations. We intend to use the executive summaries as the
basis of the comment summaries included in the issues and decision
memorandum that will accompany the final determination of this
circumvention inquiry. We request that interested parties include
footnotes for relevant citations in the executive summary of each
issue. Note that Commerce has amended certain of its requirements
pertaining to the service of documents in 19 CFR 351.303(f).\9\
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\8\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\9\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings; Final
Rule, 88 FR 67069 (September 29, 2023).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice in the Federal Register,
filed electronically via ACCESS. Requests should contain: (1) the
requesting party's name, address, and telephone number; (2) the number
of individuals from the requesting party that will attend the hearing;
and (3) a list of the issues that the party intends to discuss at the
hearing. Oral presentations at the hearing will be limited to issues
raised in the briefs. If a request for a hearing is made, parties will
be notified of the time and date for the hearing.
Notification to Interested Parties
Commerce is issuing and publishing this determination in accordance
with section 781(b) of the Act and 19 CFR 351.226(g)(1).
Dated: June 26, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Merchandise Subject to the Circumvention Inquiry
V. Period of the Circumvention Inquiry
VI. Statutory and Regulatory Framework for the Circumvention Inquiry
VII. Statutory Analysis for the Circumvention Inquiry
VIII. Summary of Statutory Analysis
IX. Recommendation
[FR Doc. 2024-14571 Filed 7-1-24; 8:45 am]
BILLING CODE 3510-DS-P
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