Notice2024-26176
Antidumping Duty Order on Hydrofluorocarbon Blends From the People's Republic of China: Final 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
November 12, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that imports of R-410B from Mexico, which are 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 218 (Tuesday, November 12, 2024)</title>
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[Federal Register Volume 89, Number 218 (Tuesday, November 12, 2024)]
[Notices]
[Pages 88970-88971]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-26176]
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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: Final 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) determines that
imports of R-410B from Mexico, which are 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 November 12, 2024.
FOR FURTHER INFORMATION CONTACT: Ashley Cossaart, 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) 482-0462.
SUPPLEMENTARY INFORMATION:
Background
On July 2, 2024, Commerce published in the Federal Register its
Preliminary Determination that imports of R-410B completed in Mexico
using Chinese-origin HFC components and subsequently exported from
Mexico to the United States are not circumventing the Order and invited
interested parties to comment.\1\ On July 22, 2024,
[[Page 88971]]
Commerce tolled certain deadlines in this administrative proceeding by
seven days.\2\ On August 12, 2024, Commerce postponed the deadline to
issue the final determination in this circumvention inquiry by 65 days,
until November 5, 2024.\3\ We received timely-filed case and rebuttal
briefs from IGas Holdings, Inc. and the petitioner.\4\
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\1\ See 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, 89 FR 54768
(July 2, 2024), (Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\3\ See Memorandum, ``Extension of Final Determination in
Circumvention Inquiry,'' dated August 12, 2024.
\4\ The petitioner is the American HFC Coalition, which consists
of individual members Arkema, Inc., The Chemours Company FC LLC,
Honeywell International Inc., and Mexichem Fluor Inc.
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For a summary of events that occurred since the Preliminary
Determination, as well as a full discussion of the issues raised by
parties for consideration in the final determination, see the Issues
and Decision Memorandum.\5\ The Issues and 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 Issues
and Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\5\ See Memorandum, ``Issues and Decision Memorandum for the
Circumvention Inquiry of the Antidumping Duty Order on
Hydrofluorocarbon Blends from the People's Republic of China with
Respect to Imports of R-410B from Mexico,'' dated concurrently with,
and hereby adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Order <SUP>6</SUP>
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\6\ See Hydrofluorocarbon Blends from the People's Republic of
China: Antidumping Duty Order, 81 FR 55436 (August 19, 2016)
(Order).
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The products subject to the Order are HFC blends from China. For a
complete description of the scope of the Order, see the Issues and
Decision Memorandum.
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 processed in the United States (inquiry merchandise).
Methodology
Commerce conducted this circumvention inquiry in accordance with
section 781(a) of the Tariff Act of 1930, as amended (the Act), and 19
CFR 351.226. We made no changes to our methodology in the final
determination. Therefore, for a complete description of the methodology
underlying this circumvention inquiry, see the Preliminary
Determination.
Analysis of Comments Received
All issues raised in this inquiry are addressed in the Issues and
Decision Memorandum. A list of the issues raised is attached to this
notice as an appendix. Based on our analysis of the comments received,
we made no changes to the Preliminary Determination.
Final Circumvention Determination
Pursuant to section 781(a) of the Act, Commerce determines that R-
410B from Mexico, 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 determine that the inquiry merchandise should not be included within
the scope of the Order.
Suspension of Liquidation and Cash Deposit Requirements
Pursuant to 19 CFR 351.226(l)(4), Commerce will order U.S. Customs
and Border Protection to terminate the suspension of liquidation and
refund cash deposits for any imports of inquiry merchandise that are
suspended pursuant to this circumvention inquiry.
Administrative Protective Order
This notice will serve as the only reminder to all parties subject
to an administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a sanctionable
violation.
Notification to Interested Parties
This determination is issued and published in accordance with
section 781(a) of the Act and 19 CFR 351.226(g)(2).
Dated: November 5, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Whether Commerce Should Continue to Reach a Negative
Determination
Comment 2: Whether to Impose an End-Use Certification
Requirement for Future Imports
Comment 3: Whether to Require IGas Holdings, Inc. (IGas
Holdings) to Certify That it is Not Reblending or Reselling R-410B
from Mexico
V. Recommendation
[FR Doc. 2024-26176 Filed 11-8-24; 8:45 am]
BILLING CODE 3510-DS-P
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