[Federal Register Volume 85, Number 191 (Thursday, October 1, 2020)]
[Notices]
[Pages 61930-61934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21730]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-028]


Hydrofluorocarbon Blends From the People's Republic of China: 
Final Negative Scope Ruling on Gujarat Fluorochemicals Ltd.'s R-410A 
Blend; Affirmative Final Determination of Circumvention of the 
Antidumping Duty Order by Indian Blends Containing Chinese Components

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

SUMMARY: The Department of Commerce (Commerce) determines that imports 
of certain hydrofluorocarbon (HFC) blends containing HFC components 
from India and the People's Republic of China (China) that are blended 
in India prior to importation into the United States are circumventing 
the antidumping duty (AD) order on HFC blends from China.

DATES: Applicable October 1, 2020.

FOR FURTHER INFORMATION CONTACT: Jacob Garten or Benjamin Luberda, AD/

[[Page 61931]]

CVD Operations, Office II, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-3342 or (202) 
482-2185, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 10, 2020, Commerce published the Preliminary Determination 
\1\ of circumvention of the antidumping duty order on HFC blends from 
China with respect to certain HFC blends containing HFC components from 
India and China that are blended in India prior to importation into the 
United States.\2\ We invited parties to comment on the Preliminary 
Determination. Gujarat Fluorochemicals Ltd. (GFL), SRF Limited (SRF), 
and Kivlan \3\ filed case briefs, and the HFC Coalition (the 
petitioners) filed a rebuttal brief.
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    \1\ See Hydrofluorocarbon Blends from the People's Republic of 
China: Preliminary Scope Ruling on Gujarat Fluorochemicals Ltd.'s R-
410A Blend; Affirmative Preliminary Determination of Circumvention 
of the Antidumping Duty Order for Indian Blends Containing Chinese 
Components, 85 FR 20244 (April 10, 2020) (Preliminary 
Determination).
    \2\ See Hydrofluorocarbon Blends from the People's Republic of 
China: Antidumping Duty Order, 81 FR 55436
    (August 19, 2016) (Order).
    \3\ Kivlan and Company, Inc. and its affiliated company 
FluoroFusion Specialty Chemicals Inc. (collectively, Kivlan).
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    We notified the U.S. International Trade Commission (ITC) of our 
preliminary determination in accordance with section 781(e) of the 
Tariff Act of 1930, as amended (the Act).\4\ We received a request for 
consultations from the ITC and held the consultations on June 11, 
2020.\5\ On July 6, 2020, the ITC notified Commerce that the ITC did 
not take a position on whether an affirmative circumvention finding for 
hydrofluorocarbon (HFC) blends produced in India, in whole or in part, 
from HFC components from China would raise a serious injury issue.\6\
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    \4\ See Commerce's Letter, ``Hydrofluorocarbon Blends from the 
People's Republic of China: Preliminary Determination of 
Circumvention of the Antidumping Duty Order with Respect to HFC 
Blends Imported from India Containing Chinese Components,'' dated 
April 6, 2020.
    \5\ See Memorandum, ``Anti-Circumvention Inquiries of 
Antidumping Duty Order on Hydrofluorocarbon Blends from the People's 
Republic of China--HFC Components & Indian Blends: Consultations 
with the United States International Trade Commission,'' dated June 
12, 2020
    \6\ See ITC Letter, ``Anticircumvention Inquiry of the 
Antidumping Duty Order on Hydrofluorocarbon Blends from the People's 
Republic of China, A-570-028; Third-Country Assembly in India,'' 
dated July 6, 2020.
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    A summary of the events that occurred since Commerce published the 
Preliminary Determination, as well as a full discussion of the issues 
raised by the parties for this final determination, may be found in the 
Issues and Decision Memorandum.\7\ 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 
http://access.trade.gov. In addition, a complete version of the Issues 
and Decision Memorandum can be accessed directly at http://enforcement.tade.gov.frn/. The signed and electronic versions of the 
Issues and Decision Memorandum are identical in content.
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    \7\ See Memorandum, ``Issues and Decision Memorandum for Scope 
Ruling and Anti-Circumvention Inquiry of the Antidumping Duty Order 
on Hydrofluorocarbon Blends from the People's Republic of China: 
Indian Blends,'' dated concurrently with, and hereby adopted by, 
this notice (Issues and Decision Memorandum).
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    Commerce conducted this anti-circumvention inquiry in accordance 
with section 781(b) of the Act.

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.\8\
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    \8\ 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.\9\
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    \9\ See Order.
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Merchandise Subject to the Anti-Circumvention Inquiry

    This anti-circumvention inquiry covers HFC blends R-404A, R-407A, 
R-407C, R-410A, and R-507A/R-507 produced in India using one or more 
HFC components of Chinese origin.\10\
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    \10\ Based upon questionnaire responses provided by the Indian 
producer/exporters in this inquiry, we have determined to cover all 
of the HFC blends listed under the scope of the Order, as we stated 
we may cover in the Notice of Initiation, 84 FR at 28270.
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Final Scope Ruling and Final Determination

    In the Preliminary Determination, we determined, pursuant to 19 CFR 
351.225(k), that, because the scope only covers HFC blends produced in 
China and the R-410A blend produced and exported by GFL is produced in 
India, the R-410A blend produced by GFL is not covered by the scope of 
the Order. We further found that a circumvention analysis and 
determination is warranted. We then determined that certain HFC blends 
containing HFC components from India and China that are blended in 
India prior to importation into the United States (Indian blends) are 
circumventing the

[[Page 61932]]

Order. Specifically, we determined that imports of Indian blends are 
finished in India and sold in the United States pursuant to the 
statutory and regulatory criteria laid out in section 781(b) of the Act 
and 19 CFR 351.225(h). We based our Preliminary Determination upon 
record evidence submitted by the respondents, the petitioners, and U.S. 
Customs and Border Protection (CBP). For a complete discussion of the 
evidence which led to our preliminary determination, see the 
Preliminary Determination.
    Interested parties submitted comments regarding our Preliminary 
Determination, and we discuss those comments in the ``Discussion of the 
Issues'' section of the Issues and Decision Memorandum. Our final 
affirmative determination of circumvention remains unchanged from the 
Preliminary Determination. Accordingly, we determine, pursuant to 
section 781(b) of the Act, that imports of Indian blends are 
circumventing the Order. However, we did make certain changes to the 
certification requirements, as set forth in Appendix II.

Methodology

    Commerce is conducting this anti-circumvention inquiry in 
accordance with section 781(b) of the Act. Given that China is a non-
market economy, within the meaning of section 771(18) of the Act, 
Commerce calculated the value of certain merchandise using factors of 
production and market economy values, as discussed in section 773(c) of 
the Act. Further, because Coolmate Refrigerant Pvt. Ltd. did not 
cooperate to the best of its ability in responding to Commerce's 
requests for information, we have based parts of our final 
determination on the facts available with adverse inferences, as set 
forth in the Preliminary Decision Memorandum, pursuant to sections 
776(a) and (b) of the Act. See the Preliminary Decision Memorandum for 
a full description of the methodology. We have continued to apply this 
methodology for our final determination.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this inquiry are addressed in the Issues and Decision Memorandum. A 
list of the issues raised is attached to this notice as Appendix I.
    Based on our analysis of the comments received, we have made no 
changes to the findings in the Preliminary Determination. However, we 
did make certain changes to the certification requirements, as set 
forth in Appendix II.

Final Affirmative Determination of Circumvention

    We determine that exports to the United States of certain HFC 
blends containing HFC components from India and China that are blended 
in India prior to importation into the United States, as described in 
the ``Merchandise Subject to the Anti-Circumvention Inquiry'' section, 
are circumventing the Order. We therefore find it appropriate to 
determine that this merchandise falls within the Order and to instruct 
CBP to continue to suspend liquidation of any entries of Indian blends.

Continuation of Suspension of Liquidation

    As a result of this determination, and consistent with 19 CFR 
351.225(l)(3), we intend to direct CBP to continue to suspend 
liquidation and to require a cash deposit of estimated antidumping 
duties at the applicable rate on unliquidated entries of merchandise 
subject to this inquiry that are entered, or withdrawn from warehouse, 
for consumption on or after June 18, 2019, the date of initiation of 
this anti-circumvention inquiry.\11\ The suspension of liquidation and 
cash deposit instructions will remain in effect until further notice.
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    \11\ See Hydrofluorocarbon Blends from the People's Republic of 
China: Initiation of Anti-Circumvention Inquiry of Antidumping Duty 
Order; Unfinished Blends, 84 FR 28276, 28278 (June 18, 2018).
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    HFC blends R-404A, R-407A, R-407C, R-410A, and R-507A/R-507 
produced in India entirely from non-Chinese HFC components are not 
subject to this inquiry. Therefore, cash deposits are not required for 
such merchandise. However, imports of such merchandise are subject to 
the certification requirements, and cash deposits may be required, if 
the certification requirements are not satisfied. Accordingly if an 
importer imports HFC blends R-404A, R-407A, R-407C, R-410A, and R-507A/
R-507 produced in India and claims that the HFC blend was produced 
entirely from non-Chinese components, in order not to be subject to AD 
requirements, the importer and exporter are required to meet the 
certification and documentation requirements described in Appendices 
II, III, and IV. The party that made the sale to the United States 
should fill out the exporter certification.
    In order to prevent evasion, Commerce will instruct CBP that, in 
the situation where the parties have not maintained the requisite 
certification regarding the origin of the HFC components for an entry, 
CBP should suspend the entry and collect cash deposits at the AD rate 
established for the China-wide entity (216.37 percent) pursuant to the 
Order.
    Further, for this final determination, we continue to determine 
that the following company is not eligible for the certification 
process: Coolmate Refrigerant Pvt. Ltd. Accordingly, exporters of HFC 
blends from India produced and/or exported by this ineligible company 
are similarly ineligible for the certification process with regard to 
imports of HFC blends produced by or sourced from this company. 
Additionally, exporters are not eligible to certify shipments of 
merchandise produced by the above-listed company. Accordingly, CBP 
shall suspend the entry and collect cash deposits for entries of 
merchandise produced and/or exported by Coolmate Refrigerant Pvt. Ltd. 
at the AD rate established for the China-wide entity (216.37 percent), 
pursuant to the Order.

Notification Regarding Administrative Protective Order

    This notice also serves as a reminder to parties subject to the 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return/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

    We are issuing and publishing this notice in accordance with 
section 781(b) of the Act and 19 CFR 351.225(h).

    Dated: September 25, 2020.
Joseph A. Laroski Jr.,
Deputy Assistant Secretary for Policy and Negotiations.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Merchandise Subject to the Anti-Circumvention Inquiry
IV. Scope of the Order
V. Discussion of the Issues
    Comment 1: Whether Commerce's Initiation and Preliminary 
Determination Were Lawful with Respect to the ITC's Negative Injury 
Determination
    Comment 2: Whether to Use Surrogate Values to Value Chinese-
Origin Material Inputs
    Comment 3: Whether the Production Process in India is Minor or 
Insignificant and Whether the Value of Further

[[Page 61933]]

Processing in India Represents a Small Portion of the Value of U.S. 
Merchandise
    Comment 4: Validity of the 12 Month Look-Back Provision of the 
Certification Requirements
    Comment 5: Whether the Final Determination Should Be Retroactive 
to the Date of Initiation
VI. Recommendation

Appendix II

Certification Requirements

    If an importer imports HFC blends (i.e., R-404A, R-407A, R-407C, 
R-410A, and R-507A/R-507) from India and claims that the HFC blends 
were not produced from Chinese components (i.e., Chinese origin R-
32, R-125, R-134a, and/or R-143a), the importer is required to 
complete and maintain the importer certification attached hereto as 
Appendix III and all supporting documentation. Where the importer 
uses a broker to facilitate the entry process, it should obtain the 
entry number from the broker. Agents of the importer, such as 
brokers, however, are not permitted to make this certification on 
behalf of the importer.
    The exporter is required to complete and maintain the exporter 
certification, attached as Appendix IV, and is further required to 
provide the importer a copy of that certification and all supporting 
documentation. As explained below, shipments made within one year of 
purchase of Chinese blends or components are not eligible for the 
certification process.
    For shipments and/or entries on or after June 18, 2019, through 
April 30, 2020, for which certifications are required, importers and 
exporters should have completed the required certification no later 
than 30 days after the publication of the Preliminary Determination 
in the Federal Register. Accordingly, where appropriate, the 
relevant bullet in the certification should reflect that the 
certification was completed within the time frame specified above. 
For example, the bullet in the importer certification that reads: 
``This certification was completed at or prior to the time of 
Entry,'' could be edited as follows: ``The imports referenced herein 
entered before May 1, 2020. This certification was completed on mm/
dd/yyyy, within 30 days of the Federal Register notice publication 
of the preliminary determination of circumvention.'' 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 May 1, 2020. This certification was completed 
on mm/dd/yyyy, within 30 days of the Federal Register notice 
publication of the preliminary determination of circumvention.'' For 
such entries/shipments, importers and exporters each have the option 
to complete a blanket certification covering multiple entries/
shipments, individual certifications for each entry/shipment, or a 
combination thereof.
    For shipments and/or entries on or after May 1, 2020, for which 
certifications are required, importers should complete the required 
certification at or prior to the date of entry and exporters should 
complete the required certification and provide it to the importer 
at or prior to the date of shipment.
    The importer and Indian exporter are also required to maintain 
sufficient documentation supporting their certifications. The 
importer will not be required to submit the certifications or 
supporting documentation to U.S. Customs and Border Protection (CBP) 
as part of the entry process at this time. However, the importer and 
the exporter will be required to present the certifications and 
supporting documentation, to Commerce and/or CBP, as applicable, 
upon request by the respective agency. Additionally, the claims made 
in the certifications and any supporting documentation are subject 
to verification by Commerce and/or CBP. The importer and exporter 
are required to maintain the certifications (the importer must 
retain both certifications) and supporting documentation for the 
later of (1) a period of five years from the date of entry or (2) a 
period of three years after the conclusion of any litigation in 
United States courts regarding such entries.
    In the situation where no certification is provided for an 
entry, and the AD China HFC blends order potentially applies to that 
entry, Commerce intends to instruct CBP to suspend the entry and 
collect cash deposits at the AD rate established for the China-wide 
entity (216.37 percent).

Appendix III

Importer Certification

    I hereby certify that:
     My name is {IMPORTING COMPANY OFFICIAL'S NAME{time}  
and I am an official of {NAME OF IMPORTING COMPANY{time} , located 
at {ADDRESS of IMPORTING COMPANY{time} ;
     I have direct personal knowledge of the facts regarding 
the importation into the Customs territory of the United States of 
the hydrofluorocarbon (HFC) blends (i.e., R-404A, R-407A, R-407C, R-
410A, and/or R-507A/R-507) produced in India 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 (e.g., the name of the exporter) in its 
records.
     The HFC blends covered by this certification were 
exported by {NAME OF EXPORTING COMPANY{time} , located at {ADDRESS 
OF EXPORTING COMPANY{time} .
    If the importer is acting on behalf of the first U.S. customer, 
complete this paragraph:
     The HFC blends covered by this certification were 
imported by {NAME OF IMPORTING COMPANY{time}  on behalf of {NAME OF 
U.S. CUSTOMER{time} , located at {ADDRESS OF U.S. CUSTOMER{time} .
     The HFC blends covered by this certification were 
shipped to {NAME OF PARTY TO WHOM MERCHANDISE WAS FIRST SHIPPED IN 
THE UNITED STATES{time} , located at {ADDRESS OF SHIPMENT{time} .
     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 inputs used to produce the 
imported products);
     The HFC blends covered by this certification were 
produced by {NAME OF PRODUCING COMPANY{time} , located at {ADDRESS 
OF PRODUCING COMPANY{time} ; for each additional company, repeat: 
{NAME OF PRODUCING COMPANY{time} , located at {ADDRESS OF PRODUCING 
COMPANY{time} .
     The HFC blends covered by this certification do not 
contain HFC components (i.e., R-32, R-125, R-134a, and/or R-143a) 
produced in the People's Republic of China (China);
     This certification applies to the following entries:
    {Repeat this block as many times as necessary{time} 

----------------------------------------------------------------------------------------------------------------
                                                      Entry summary line                       Invoice line item
            Producer               Entry summary No.       item No.           Invoice No.             No.
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------

     I understand that {NAME OF IMPORTING COMPANY{time}  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) a period of five years from the date of entry or (2) a 
period of three years after the conclusion of any litigation in the 
United States courts regarding such entries;
     I understand that {NAME OF IMPORTING COMPANY{time} is 
required to provide this certification and supporting records, upon 
request, to U.S. Customs and Border Protection (CBP) and/or the 
Department of Commerce (Commerce);
     I understand that {NAME OF IMPORTING COMPANY{time}  is 
required to maintain a copy of the exporter's certification 
(attesting to the production and/or export of the imported 
merchandise identified above), and any supporting records provided 
by the exporter to the importer, for the later of (1) a period of 
five years from the date of entry or (2) a period of three years 
after the conclusion of any litigation in United States courts 
regarding such entries;
     I understand that {NAME OF IMPORTING COMPANY{time} is 
required to

[[Page 61934]]

maintain, and upon request, provide a copy of the exporter's 
certification and any supporting records provided by the exporter to 
the importer, to CBP and/or Commerce;
     I understand that the claims made herein, and the 
substantiating documentation, are subject to verification by CBP 
and/or Commerce;
     I understand that failure to maintain the required 
certifications, and/or failure to substantiate the claims made 
herein, and/or failure to allow 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 if 
the antidumping duty (AD) order on HFC blends from China. I 
understand that such a finding will result in:
    [cir] Suspension of liquidation of all unliquidated entries (and 
entries for which liquidation has not become final) for which these 
requirements were not met;
    [cir] The requirement that the importer post applicable AD cash 
deposits equal to the rates as determined by Commerce; and
    [cir] The revocation of {NAME OF IMPORTING COMPANY{time} 's 
privilege to certify future imports of HFC blends from India as not 
manufactured using HFC blends and/or components from China.
     I understand that agents of the importer, such as 
brokers, are not permitted to make this certification;
     This certification was completed at or prior to the 
time of Entry; and
     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

DATE

Appendix IV

Exporter Certification

    I hereby certify that:
     My name is {COMPANY OFFICIAL'S NAME{time}  and I am an 
official of {NAME OF EXPORTING COMPANY{time} , located at {ADDRESS 
OF EXPORTING COMPANY{time} ;
     I have direct personal knowledge of the facts regarding 
the production and exportation of the hydrofluorocarbon (HFC) blends 
(i.e., R-404A, R-407A, R-407C, R-410A, and/or R-507A/R-507) 
identified below. ``Direct personal knowledge'' refers to facts the 
certifying party is expected to have in its own books and records. 
For example, an exporter should have direct personal knowledge of 
the producer's identity and location.
     The HFC blends, and the individual components thereof, 
covered this certification were produced by {NAME OF PRODUCING 
COMPANY{time} , located at {ADDRESS OF PRODUCING COMPANY{time} ; for 
each additional company, repeat: {NAME OF PRODUCING COMPANY{time} , 
located at {ADDRESS OF PRODUCING COMPANY{time} .
     The HFC blends produced in India do not contain HFC 
components (i.e., R-32, R-125, R-134a, and/or R-143a) produced in 
the People's Republic of China (China);
     This certification applies to the following sales:
    {Repeat this block as many times as necessary{time} 

------------------------------------------------------------------------
                                                      Invoice line item
          Producer                 Invoice No.               No.
------------------------------------------------------------------------
 
------------------------------------------------------------------------

     The HFC blends covered by this certification were sold 
to {NAME OF U.S. CUSTOMER{time} , located at {ADDRESS OF U.S. 
CUSTOMER{time} .
     The HFC blends covered by this certification were 
shipped to {NAME OF PARTY TO WHOM MERCHANDISE WAS SHIPPED{time} , 
located at {ADDRESS OF SHIPMENT{time} .
     I understand that {NAME OF EXPORTING COMPANY{time}  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) a period of five years from the date of entry or (2) a 
period of three years after the conclusion of any litigation in the 
United States courts regarding such entries;
     I understand that {NAME OF EXPORTING COMPANY{time}  
must provide this Exporter Certification to the U.S. importer by the 
time of shipment;
     I understand that {NAME OF EXPORTING COMPANY{time}  is 
required to provide a copy of this certification and supporting 
records, upon request, to U.S. Customs and Border Protection (CBP) 
and/or the Department of Commerce (Commerce);
     I understand that the claims made herein, and the 
substantiating documentation are subject to verification by CBP and/
or Commerce;
     I understand that failure to maintain the required 
certifications, and/or failure to substantiate the claims made 
herein, and/or failure to allow 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 (AD) order on HFC blends from China. I 
understand that such finding will result in:
    [cir] Suspension of all unliquidated entries (and entries for 
which liquidation has not become final) for which these requirements 
were not met;
    [cir] The requirement that the importer post applicable AD cash 
deposits equal to the rates as determined by Commerce; and
    [cir] The revocation of {NAME OF EXPORTING COMPANY{time} 's 
privilege to certify future exports of HFC blends from India as not 
manufactured using HFC blends and/or components from China.
     This certification was completed at or prior to the 
time of shipment; and
     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

DATE

[FR Doc. 2020-21730 Filed 9-30-20; 8:45 am]
BILLING CODE 3510-DS-P