[Federal Register Volume 85, Number 17 (Monday, January 27, 2020)]
[Notices]
[Pages 4632-4636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01314]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-028]


Hydrofluorocarbon Blends From the People's Republic of China: 
Affirmative Preliminary Determination of Circumvention of the 
Antidumping Duty Order; Unfinished R-32/R-125 Blends

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that imports of unfinished blends of hydrofluorocarbon (HFC) components 
R-32 and R-125 from the People's Republic of China (China) are 
circumventing the antidumping duty (AD) order on HFC blends from China. 
As a result, imports of blends of HFC components R-32 and R-125 from 
China will be subject to suspension of liquidation effective June 18, 
2019. We invite interested parties to comment on this preliminary 
determination.

DATES: Applicable January 27, 2020.

FOR FURTHER INFORMATION CONTACT: Andrew Medley or Jacob Garten, AD/CVD 
Operations, Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4987 or (202) 482-3342, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce received information from U.S. Customs and Border 
Protection (CBP) relating to the Order on HFC blends from China 
regarding certain blends comprised of HFC components R-32 and R-125,\1\ 
which closely resemble subject HFC blends from China.\2\ On April 2, 
2018, Commerce published a notice that it was opening a scope segment 
of the proceeding and provided an opportunity for interested parties to 
comment.\3\ On June 12, 2018, the American HFC Coalition (the 
petitioner) filed comments on the CBP entry packages; \4\ on June 18, 
2018, Weitron, Inc. and Weitron International Refrigeration Equipment 
(Kunshan) Co., Ltd. (Weitron Kunshan) (collectively, Weitron) filed 
rebuttal comments.\5\
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    \1\ R-32 is also known as Difluoromethane; R-125 is also known 
as Pentafluoroethane.
    \2\ See Hydrofluorocarbon Blends from the People's Republic of 
China: Antidumping Duty Order, 81 FR 55436 (August 19, 2016) 
(Order).
    \3\ See 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from the 
People's Republic of China; Cold-Rolled Steel Flat Products from 
Japan; Hydrofluorocarbon Blends from the People's Republic of China; 
Light-Walled Rectangular Pipe and Tube from the People's Republic of 
China: Opening of Scope Segments and Opportunity to Comment, 83 FR 
13952 (April 2, 2018).
    \4\ See Petitioner's Letter, ``Hydrofluorocarbon Blends from the 
People's Republic of China: Comments on Scope Segment for Certain R-
32/R-125 Blends,'' dated June 12, 2018.
    \5\ See Petitioner's Letter, ``Weitron's Response to American 
HFC Coalition's Comments on Scope Segment, Antidumping Duty Order on 
Hydrofluorocarbon Blends from the People's Republic of China,'' 
dated June 18, 2018.
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    On August 14, 2018, the petitioner filed a request that, pursuant 
to section 781(a) of the Tariff Act of 1930, as amended (the Act), 
Commerce initiate an anti-circumvention inquiry regarding imports of 
unfinished blends of HFC components R-32 and R-125 from China that are 
further processed into finished HFC blends in the United States, which 
the petitioner alleged are circumventing the Order.\6\ On August 23, 
2018, Weitron submitted rebuttal comments.\7\
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    \6\ See Petitioner's Letter, ``Hydrofluorocarbon Blends from the 
People's Republic of China: Scope Investigation Regarding Certain R-
32/R-125 Blends: Request to Apply Section 781(a) to Prevent 
Circumvention,'' dated August 14, 2018 (Initiation Request).
    \7\ See Weitron's Letter, ``Weitron's Response to Anti-
Circumvention Allegation; Request to Reject, or Alternatively, 
Request for Extension of Time to Reply: Antidumping Duty Order on 
Hydrofluorocarbon Blends from the People's Republic of China,'' 
dated August 23, 2018.

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[[Page 4633]]

    On June 18, 2019, Commerce initiated the anti-circumvention inquiry 
with respect to unfinished blends of HFC components R-32 and R-125 from 
China that are further processed into finished HFC blends in the United 
States.\8\ On June 24, 2019, we requested comments from interested 
parties on respondent selection and the period of inquiry (POI).\9\ In 
July 2019, we received comments on respondent selection and the POI 
from the petitioner and ICool International Commerce Limited 
(ICool).\10\ ICool requested treatment as a voluntary respondent.\11\
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    \8\ See Hydrofluorocarbon Blends from the People's Republic of 
China: Initiation of Anti-Circumvention Inquiry of Antidumping Duty 
Order; Unfinished Blends, 84 FR 28276 (June 18, 2019) (Notice of 
Initiation).
    \9\ See Memorandum, ``Anti-Circumvention Inquiry of the 
Antidumping Duty Order on Hydrofluorocarbon Blends from the People's 
Republic of China--Unfinished Blends: Release of U.S. Customs and 
Border Protection Data and Clarification of Quantity and Value 
Questionnaires,'' dated October 31, 2019.
    \10\ See Petitioner's Letter, ``Hydrofluorocarbon Blends from 
the People's Republic of China; Unfinished Blends Anti-Circumvention 
Inquiry: Comments of the HFC Coalition on the Period of 
Investigation and Respondent Selection,'' dated July 5, 2019; and 
ICool's Letter, ``Hydrofluorocarbon Blends from China; A-570-028; 
Comments on Respondent Selection and Period of Investigation and 
Request for Voluntary Respondent Status,'' dated July 10, 2019 
(ICool Respondent Selection Comments).
    \11\ See ICool Respondent Selection Comments.
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    On October 31, 2019, we placed on the record CBP data for U.S. 
imports under Harmonized Tariff Schedule of the United States (HTSUS) 
numbers 3824.78.0020 and 3824.78.0050, and solicited comments on these 
data.\12\ We issued quantity and value (Q&V) questionnaires to 19 
companies on the same date.\13\
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    \12\ See Memorandum, ``Anti-Circumvention Inquiry of the 
Antidumping Duty Order on Hydrofluorocarbon Blends from the People's 
Republic of China--Unfinished Blends: Release of U.S. Customs and 
Border Protection Data and Clarification of Quantity and Value 
Questionnaires,'' dated October 31, 2019.
    \13\ Id.
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    On November 7, 2019, we received comments on the CBP data from 
Shandong Huaan New Material Co. Ltd. (Shandong Huaan), Zhejiang Quhua 
Fluor-Chemistry Co., Ltd. (Zhejiang Quhua), Zhejiang Yonghe New Type 
Refrigerant Co., Ltd. (Zhejiang Yonghe), and Zibo Feiyuan Chemical Co., 
Ltd. (Zibo Feiyuan).\14\ The Q&V questionnaire responses indicate that, 
of the 15 companies responding, Weitron Inc. is the only importer of R-
32/R-125 blends, and Weitron Kunshan is the only exporter/producer of 
R-32/R-125 blends after the imposition of the Order.
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    \14\ See Shandong Huaan's Letter, ``Huaan Comments on CBP Data: 
Hydrofluorocarbon Blends from the People's Republic of China; Anti-
circumvention Inquiry Covering R-32/R-125 Unfinished Blends, A-570-
028,'' dated November 7, 2019; Zhejiang Quhua's Letter, ``Quhua 
Comments on CBP Data: Hydrofluorocarbon Blends from the People's 
Republic of China; Anti-circumvention Inquiry Covering R-32/R-125 
Unfinished Blends, A-570-028,'' dated November 7, 2019; Zhejiang 
Yonghe's Letter, ``Yonghe Comments on CBP Data: Hydrofluorocarbon 
Blends from the People's Republic of China; Anti-circumvention 
Inquiry Covering R-32/R-125 Unfinished Blends, A-570-028,'' dated 
November 7, 2019; and Zibo Feiyuan's Letter, ``Feiyuan Comments on 
CBP Data: Hydrofluorocarbon Blends from the People's Republic of 
China; Anti-circumvention Inquiry Covering R-32/R-125 Unfinished 
Blends, A-570-028,'' dated November 7, 2019.
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    On December 13, 2020, we selected Weitron Inc. and Weitron Kunshan 
as the only mandatory respondents in this inquiry.\15\ On that same 
date we issued an initial questionnaire to Weitron Inc. and Weitron 
Kunshan.\16\ On January 3, 2020, Weitron Inc. and Weitron Kunshan 
notified Commerce that they did not intend to respond to the initial 
questionnaire issued by Commerce.\17\
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    \15\ See Memorandum, ``Antidumping Duty Order on 
Hydrofluorocarbon Blends from the People's Republic of China: R-32 
R-125 Blends Anti-Circumvention Inquiry; Respondent Selection,'' 
dated December 13, 2019.
    \16\ See Commerce's Letter, ``Anti-Circumvention Inquiry of the 
Antidumping Duty Order on Hydrofluorocarbon Blends from the People's 
Republic of China: R-32 R-125 Blends Initial Questionnaire,'' dated 
December 13, 2019.
    \17\ See Weitron's Letter, ``Weitron's Notification of Its 
Intent Not to Respond to the Questionnaire: Antidumping Duty Order 
on Hydrofluorocarbon Blends from the People's Republic of China,'' 
dated January 3, 2020 (Weitron Notification of Intent Not to 
Respond).
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Scope of the Order

    The products subject to the Order are HFC blends. HFC blends 
covered by the scope are R-404A, a zeotropic mixture consisting of 52 
percent 1,1,1 Trifluoroethane, 44 percent Pentafluoroethane, and 4 
percent 1,1,1,2-Tetrafluoroethane; R-407A, a zeotropic mixture of 20 
percent Difluoromethane, 40 percent Pentafluoroethane, and 40 percent 
1,1,1,2-Tetrafluoroethane; R-407C, a zeotropic mixture of 23 percent 
Difluoromethane, 25 percent Pentafluoroethane, and 52 percent 1,1,1,2-
Tetrafluoroethane; R-410A, a zeotropic mixture of 50 percent 
Difluoromethane and 50 percent Pentafluoroethane; and R-507A, an 
azeotropic mixture of 50 percent Pentafluoroethane and 50 percent 
1,1,1-Trifluoroethane also known as R-507. The foregoing percentages 
are nominal percentages by weight. Actual percentages of single 
component refrigerants by weight may vary by plus or minus two percent 
points from the nominal percentage identified above.\18\
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    \18\ R-404A is sold under various trade names, including 
Forane[supreg] 404A, Genetron[supreg] 404A, Solkane[supreg] 404A, 
Klea[supreg] 404A, and Suva[supreg]404A. R-407A is sold under 
various trade names, including Forane[supreg] 407A, Solkane[supreg] 
407A, Klea[supreg]407A, and Suva[supreg]407A. R-407C is sold under 
various trade names, including Forane[supreg] 407C, Genetron[supreg] 
407C, Solkane[supreg] 407C, Klea[supreg] 407C and Suva[supreg] 407C. 
R-410A is sold under various trade names, including EcoFluor R410, 
Forane[supreg] 410A, Genetron[supreg] R410A and AZ-20, 
Solkane[supreg] 410A, Klea[supreg] 410A, Suva[supreg] 410A, and 
Puron[supreg]. R-507A is sold under various trade names, including 
Forane[supreg] 507, Solkane[supreg] 507, Klea[supreg]507, 
Genetron[supreg]AZ-50, and Suva[supreg]507. R-32 is sold under 
various trade names, including Solkane[supreg]32, Forane[supreg]32, 
and Klea[supreg]32. R-125 is sold under various trade names, 
including Solkane[supreg]125, Klea[supreg]125, Genetron[supreg]125, 
and Forane[supreg]125. R-143a is sold under various trade names, 
including Solkane[supreg]143a, Genetron[supreg]143a, and 
Forane[supreg]125.
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    Any blend that includes an HFC component other than R-32, R-125, R-
143a, or R-134a is excluded from the scope of the Order.
    Excluded from the Order are blends of refrigerant chemicals that 
include products other than HFCs, such as blends including 
chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), 
hydrocarbons (HCs), or hydrofluoroolefins (HFOs).
    Also excluded from the Order are patented HFC blends, including, 
but not limited to, ISCEON[supreg] blends, including MO99TM 
(R-438A), MO79 (R-422A), MO59 (R-417A), MO49PlusTM (R-437A) 
and MO29TM (R-4 22D), Genetron[supreg] 
PerformaxTM LT (R-407F), Choice[supreg] R-421A, and 
Choice[supreg] R-421B.
    HFC blends covered by the scope of the Order are currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) at subheadings 3824.78.0020 and 3824.78.0050. Although the 
HTSUS subheadings are provided for convenience and customs purposes, 
the written description of the scope is dispositive.\19\
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    \19\ See Order.
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Merchandise Subject to the Anti-Circumvention Inquiry

    This anti-circumvention inquiry covers imports of partially 
finished blends of HFC components R-32 (also known as Difluoromethane) 
and R-125 (also known as Pentafluoroethane) from China that must be 
further processed in the United States to create an HFC blend that 
would be subject to the Order.

Applicable Statute

    Section 781 of the Act addresses circumvention of antidumping or 
countervailing duty orders. With respect to merchandise assembled or 
completed in the United States, section 781(a)(1) of the Act provides 
that if: (A) The merchandise sold in the United States is of the same 
class or kind as any other

[[Page 4634]]

merchandise that is the subject of an AD order; (B) such merchandise 
sold in the United States is completed or assembled in the United 
States from parts or components produced in the foreign country with 
respect to which such order applies; (C) the process of assembly or 
completion in the United States is minor or insignificant; and (D) the 
value of the parts or components produced in the foreign country is a 
significant portion of the total value of the merchandise, then 
Commerce may include within the scope of the order the imported parts 
or components produced in the foreign country used in the completion or 
assembly of the merchandise in the United States, after taking into 
account any advice provided by the United States International Trade 
Commission (ITC) under section 781(e) of the Act.
    In determining whether the process of assembly or completion in the 
United States is minor or insignificant, section 781(a)(2) of the Act 
directs Commerce to consider: (A) the level of investment; (B) the 
level of research and development; (C) the nature of the production 
process; (D) the extent of production facilities; and (E) whether the 
value of processing performed in the United States represents a small 
proportion of the value of the merchandise sold in the United States.
    Section 781(a)(3) of the Act sets forth the factors to consider in 
determining whether to include parts or components in an AD order. 
Commerce shall take into account: (A) The pattern of trade, including 
sourcing patterns; (B) whether the manufacturer or exporter of the 
parts or components is affiliated with the person who assembles or 
completes the merchandise sold in the United States; and (C) whether 
imports into the United States of the parts or components produced in 
the foreign country have increased after the initiation of the 
investigation which resulted in the issuance of the order.

Affirmative Preliminary Determination of Circumvention

    For the reasons described below, we preliminarily determine, 
pursuant to section 781(a) of the Act, that imports of unfinished 
blends of HFC components R-32 and R-125 from China are circumventing 
the Order.

Facts Available

    As noted above, Weitron Inc. is the only importer of R-32/R-125 
blends and Weitron Kunshan is the only exporter/producer of R-32/R-125 
blends after the imposition of the Order. Weitron Inc., and its 
affiliated Chinese exporter, Weitron Kunshan, failed to respond to 
Commerce's requests for information.\20\ The questionnaire Commerce 
issued to Weitron was designed to elicit information for purposes of 
conducting both qualitative and quantitative analyses in accordance 
with the criteria enumerated in section 781(a) of the Act, as outlined 
above. This approach is consistent with our analysis in previous anti-
circumvention inquiries.\21\
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    \20\ See Weitron Notification of Intent Not to Respond.
    \21\ See, e.g., Petroleum Wax Candles from the People's Republic 
of China: Partial Termination of Circumvention Inquiry and 
Affirmative Preliminary Determination of Circumvention of the 
Antidumping Duty Order, 72 FR 14519 (March 28, 2007), unchanged in 
Petroleum Wax Candles from the People's Republic of China: 
Affirmative Final Determination of Circumvention of the Antidumping 
Duty Order, 72 FR 31053 (June 5, 2007); and Polyethylene Retail 
Carrier Bags from Taiwan: Affirmative Preliminary Determination of 
Circumvention of the Antidumping Duty Order, 79 FR 31302 (June 2, 
2014), unchanged in Polyethylene Retail Carrier Bags from Taiwan: 
Affirmative Final Determination of Circumvention of the Antidumping 
Duty Order, 79 FR 61056 (October 9, 2014).
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    Without this information Commerce has no choice but to resort to 
the use of facts available in making its determination pursuant to 
section 776(a)(2) of the Act. In selecting from among the facts 
available, Commerce determines that an adverse inference is warranted, 
pursuant to section 776(b) of the Act, because Weitron failed to comply 
to the best of its ability with Commerce's request for information.
    Section 776(a) of the Act requires Commerce to resort to facts 
otherwise available if necessary information is not available on the 
record or when an interested party or any other person withholds 
information that has been requested by Commerce.\22\ As provided in 
section 782(c)(1) of the Act, if an interested party, promptly after 
receiving a request from Commerce for information, notifies Commerce 
that such party is unable to submit the information requested in the 
requested form and manner, Commerce may modify the requirements to 
avoid imposing an unreasonable burden on that party. However, Weitron 
did not notify Commerce that it was unable to comply with Commerce's 
request. Rather, Weitron informed Commerce that, considering the cost 
and time, and in light of the fact that it had no further entries of 
subject unfinished blends after the date of initiation of this 
proceeding, nor any plans to import such unfinished blends, it did not 
intend to respond to the initial questionnaire issued in this 
proceeding.\23\ Consequently, because Weitron failed to respond to 
Commerce's questionnaire, we must base the preliminary determination in 
this inquiry on the facts otherwise available.
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    \22\ See sections 776(a)(1) and 776(a)(2)(A) of the Act.
    \23\ See Weitron Notification of Intent Not to Respond at 1.
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    Section 776(b) of the Act permits Commerce to use an inference that 
is adverse to the interests of an interested party if that party fails 
to cooperate by not acting to the best of its ability to comply with a 
request for information. Given that Weitron refused to comply with 
Commerce's request for information, we find that Weitron failed to 
cooperate by not acting to the best of its ability. The refusal by 
Weitron to respond to our questionnaire precludes Commerce from making 
a determination based on a complete record as to whether the 
importation of unfinished blends of R-32 and R-125 from China is 
circumventing the AD order. In addition, because Weitron failed to 
provide Commerce with any information, we are also unable to 
distinguish between their imports or purchases of unfinished blends of 
HFC components R-32 and R-125 from China for purposes other than U.S. 
assembly into merchandise covered by the Order. Accordingly, we are 
making an adverse inference pursuant to section 776(b) of the Act that 
unfinished blends of HFC components R-32 and R-125 from China are 
completed or assembled in the United States into merchandise covered by 
the Order within the meaning of section 781(a) of the Act. Therefore, 
we preliminarily find that these unfinished blends of HFC components R-
32 and R-125 from China are subject merchandise.
    Section 776(c) of the Act provides that when Commerce relies on 
secondary information rather than on information obtained in the course 
of an investigation or review, Commerce shall, to the extent 
practicable, corroborate that information from independent sources that 
are reasonably at its disposal. The Statement of Administrative Action 
(SAA), which accompanied the Uruguay Round Agreements Act,\24\ states 
that the independent sources may include published price lists, 
official import statistics and customs data, and information obtained 
from interested parties during the investigation or review.\25\ The SAA 
also clarifies that ``corroborate'' means that Commerce will satisfy 
itself that the secondary

[[Page 4635]]

information to be used has probative value.\26\ To the extent 
practicable, Commerce will examine the reliability and relevance of the 
information used.\27\
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    \24\ See H.R. Doc. No. 316, 103rd Congress, 2nd Session (1994).
    \25\ See SAA at 870.
    \26\ Id.
    \27\ See, e.g., Circumvention and Scope Inquiries on the 
Antidumping Duty Order on Certain Frozen Fish Fillets from the 
Socialist Republic of Vietnam: Partial Affirmative Final 
Determination of Circumvention of the Antidumping Duty Order, 
Partial Final Termination of Circumvention Inquiry and Final 
Rescission of Scope Inquiry, 71 FR 38608 (July 7, 2006), and 
accompanying Issues and Decision Memorandum (IDM) at Comment 2B.
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    We reviewed all information on the record including the 
petitioner's August 14, 2018, request for this anti-circumvention 
inquiry,\28\ its subsequent submissions, and Commerce's initiation of 
this inquiry.\29\ The petitioner demonstrated that imported unfinished 
blends of HFC components R-32/R-125 produced in China may be further 
processed into HFC blends covered by the Order, which satisfies section 
781(a)(1)(A)(i) of the Act.\30\ The petitioner demonstrated that the 
imported unfinished blends of HFC components R-32/R-125 cannot be sold 
in the U.S. market and, therefore, must be adjusted after importation 
to be sold in the United States, which satisfies section 781(a)(1)(B) 
of the Act.\31\ The petitioner also provided evidence that the finished 
HFC blends assembly process in the United States is minor or 
insignificant under section 781(a)(1)(C) of the Act.\32\ Although the 
petitioner did not have direct and specific information from U.S. 
assemblers, they were able to provide information based on the ITC's 
investigation, Commerce's underlying investigation, and proprietary 
data, which satisfies sections 781(a)(1)(C) and 781(a)(2) of the 
Act.\33\ With respect to whether the value of the parts or components 
produced in China (i.e., the unfinished blends of HFC components R-32 
and R-125) is a significant portion of the total value of the 
merchandise subject to the Order, the petitioner was able to provide 
information from CBP, proprietary data, and import statistics.\34\ The 
petitioner presented information demonstrating a change in the pattern 
of trade, which satisfies section 781(a)(3)(A) of the Act, and that 
there is a capability for numerous facilities to adopt this approach, 
which could result in a negation of the effect of the Order.\35\ Thus, 
we conclude that the evidence on the record, considered in light of the 
non-cooperation of Weitron and our application of facts available with 
adverse inferences, is sufficient to preliminarily determine that there 
has been circumvention within the meaning of section 781(a) of the Act.
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    \28\ See Initiation Request.
    \29\ See Notice of Initiation.
    \30\ Id. at 28277 (citing Initiation Request at 7-9; and 
Memorandum, ``Hydrofluorocarbon Blends from the People's Republic of 
China: Placing Entry Documentation on the Record,'' dated April 11, 
2018 (HFCs CBP Memo), at Attachments; and Petitioner's Letter, 
``Hydrofluorocarbon Blends from the People's Republic of China: 
Comments on Scope Segment for Certain R-32/R-125 Blends,'' dated 
June 12, 2018 (Petitioner's June 12, 2018 Scope Comments), at 8-9).
    \31\ Id. at 28277 (citing Petitioner's June 12, 2018 Scope 
Comments at 4; and Weitron's Letter, ``Weitron's Response to 
American HFC Coalition's Comments on Scope Segment, Antidumping Duty 
Order on Hydrofluorocarbon Blends from the People's Republic of 
China,'' dated June 18, 2018 (Weitron's Scope Comments), at 3; and 
Initiation Request at 7-9).
    \32\ Id. at 28277-78 (citing Initiation Request at 11-15 and 
Exhibits 1, 2, 3, and 4; and Weitron's Scope Comments).
    \33\ Id. at 282278 (citing Initiation Request at 16-17 and 
Exhibits 5 and 6; and Hydrofluorocarbon Blends and Components 
Thereof from the People's Republic of China: Final Determination of 
Sales at Less Than Fair Value and Final Affirmative Determination of 
Critical Circumstances, 81 FR 42314 (June 29, 2016), and 
accompanying IDM at Comment 4).
    \34\ Id. at 28278 (citing Initiation Request at 17-19 and 
Exhibits 5 and 6; and HFCs CBP Memo at Attachments).
    \35\ Id. at 28278 (citing Initiation Request at 19-21 and 
Exhibit 3 and 4; and HFCs CBP Memo at Attachments).
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Suspension of Liquidation

    In accordance with 19 CFR 351.225(l)(2), Commerce will instruct CBP 
to suspend liquidation of all unfinished blends of HFC components R-32 
and R-125 (as defined in the Merchandise Subject to the Anti-
Circumvention Inquiry section above) from China that are entered, or 
withdrawn from warehouse, for consumption on or after June 18, 2019, 
the date of initiation of this anti-circumvention inquiry.\36\ CBP 
shall require cash deposits in accordance with those rates prevailing 
at the time of entry, depending upon the exporter in question.
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    \36\ See, e.g., Anti-circumvention Inquiry of the Antidumping 
Duty Order on Certain Pasta from Italy: Affirmative Preliminary 
Determination of Circumvention of the Antidumping Duty Order, 63 FR 
18364, 18366 (April 15, 1998), unchanged in Anti-Circumvention 
Inquiry of the Antidumping Duty Order on Certain Pasta from Italy: 
Affirmative Final Determination of Circumvention of the Antidumping 
Duty Order, 63 FR 54672, 54675-6 (October 13, 1998).
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Notification to the ITC

    Consistent with section 781(e) of the Act, Commerce is notifying 
the ITC of this affirmative preliminary determination to include the 
merchandise subject to this inquiry within the AD order on HFC blends 
from China. Pursuant to section 781(e) of the Act, the ITC may request 
consultations concerning Commerce's proposed inclusion of the subject 
merchandise. These consultations must be concluded within 15 days after 
the date of the request. If, after consultations, the ITC believes that 
a significant injury issue is presented by the proposed inclusion, it 
will have 60 days to provide written advice to Commerce.

Public Comment

    Interested parties may submit case briefs to Commerce no later than 
30 days after the date of publication of this notice.\37\ Rebuttal 
briefs, limited to issues raised in the case briefs, may be filed no 
later than five days after the time limit for filing case briefs.\38\ 
Parties who submit case briefs or rebuttal briefs in this proceeding 
are encouraged to submit with each argument: (1) A statement of the 
issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\39\ Case and rebuttal briefs should be filed 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS).\40\
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    \37\ See 19 CFR 351.309(c).
    \38\ See 19 CFR 351.309(d).
    \39\ See 19 CFR 351.309(c)(2) and (d)(2).
    \40\ See 19 CFR 351.303.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically and 
received successfully in its entirety, via ACCESS by 5:00 p.m. Eastern 
Time within 30 days after the date of publication of this notice.\41\ 
Hearing requests should contain: (1) The party's name, address, and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in 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 date and time for the hearing to be 
held at the U.S. Department of Commerce, 1401 Constitution Avenue NW, 
Washington, DC 20230.\42\
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    \41\ See 19 CFR 351.310(c).
    \42\ Id.
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    Commerce will publish the final determination with respect to this 
anti-circumvention inquiry, including the results of its analysis of 
any written comments. The deadline for the final determination is 
currently April 7, 2020.

Notification to Interested Parties

    This notice is published in accordance with section 781(a) of the 
Act and 19 CFR 351.225(g).


[[Page 4636]]


    Dated: January 17, 2020.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-01314 Filed 1-24-20; 8:45 am]
 BILLING CODE 3510-DS-P