[Federal Register Volume 88, Number 236 (Monday, December 11, 2023)]
[Notices]
[Pages 85871-85876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27130]


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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 Affirmative Determination of 
Circumvention With Respect to R-410A From the Republic of Turkey

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

SUMMARY: The U.S. Department of Commerce preliminarily determines that 
imports of R-410A, completed in the Republic of Turkey (Turkey) using 
People's Republic of China (China)-origin components, and exported from 
Turkey, as specified below, are circumventing the antidumping duty (AD) 
order on hydrofluorocarbon (HFC) blends from China.

DATES: Applicable December 11, 2023.

FOR FURTHER INFORMATION CONTACT: Paul Senoyuit, 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) 482-6106.

SUPPLEMENTARY INFORMATION:

Background

    On August 19, 2016, Commerce published in the Federal Register the 
AD order on HFC blends from China.\1\ On July 7, 2023, Commerce 
initiated a country-wide circumvention inquiry to determine whether 
imports of R-410A, completed in Turkey using HFC components R-32 
(difluoromethane) and R-125 (pentafluoroethane) (collectively, China-
origin components) manufactured in China, are circumventing the Order 
and, accordingly, should be covered by the

[[Page 85872]]

scope of the Order.\2\ In August 2023, Commerce selected the following 
two mandatory respondents in this circumvention inquiry: Cantas Ic Ve 
Dis Ticaret Sogutma Sistermleri Sanayi A.S. (Cantas) and ICE Sogutma 
Sanayi Ve Ticaret Ltd. (ICE).\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 Inquiries on the Antidumping Duty 
Order, 88 FR 43275 (July 7, 2023) (Initiation Notice).
    \3\ See Memorandum, ``Respondent Selection,'' dated August 23, 
2023; see also Commerce's Letter, ``R-410A from Turkey Initial 
Questionnaire,'' dated August 28, 2023.
    \4\ See Memorandum, ``Hydrofluorocarbon Blends from the People's 
Republic of China: Preliminary Decision Memorandum for the 
Circumvention Inquiry on the Antidumping Duty Order with Respect to 
Imports of R-410A from the Republic of Turkey,'' 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. For a 
complete description of the scope of the Order, see the Preliminary 
Decision Memorandum.\5\
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    \5\ Id. at 2-3.
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Merchandise Subject to the Circumvention Inquiry

    This circumvention inquiry covers R-410A, completed in Turkey using 
China-origin HFC components and subsequently exported from Turkey to 
the United States (inquiry merchandise).

Methodology

    Commerce is conducting this circumvention inquiry in accordance 
with section 781(b) 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 Appendix I 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 https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Preliminary Circumvention Determination

    As detailed in the Preliminary Decision Memorandum, and the ``Use 
of Adverse Facts Available (AFA)'' section, Commerce preliminarily 
determines that R-410A completed in Turkey using HFC components from 
China, that is subsequently exported from Turkey to the United States, 
is circumventing the Order on a country-wide basis. As a result, in 
accordance with section 781(b) of the Act, we preliminarily determine 
that the inquiry merchandise should be included within the scope of the 
Order. See the ``Suspension of Liquidation and Cash Deposit 
Requirements'' section below for details regarding suspension of 
liquidation and cash deposit requirements. See the ``Certifications'' 
and ``Certification Requirements for Turkey'' sections below for 
details regarding the use of certifications for inquiry merchandise 
exported from Turkey.

Use of AFA

    Pursuant to section 776(a) of the Act, if the necessary information 
is not available on the record, or an interested party withholds 
requested information, fails to provide requested information by the 
deadline or in the form and manner requested, or significantly impedes 
a proceeding, Commerce shall use the facts otherwise available in 
reaching the applicable determination. Moreover, pursuant to section 
776(b) of the Act, Commerce may use inferences adverse to the interests 
of an interested party in selecting from among the facts otherwise 
available if the party fails to cooperate by not acting to the best of 
its ability to provide requested information.
    Commerce requested information from Cantas and ICE. In these 
initial questionnaires, Commerce explained that, if the company to 
which Commerce issued the questionnaire fails to respond to the 
questionnaire, or fails to provide the requested information, Commerce 
may find that the company failed to cooperate by not acting to the best 
of its ability to comply with the request for information, and may use 
an inference that is adverse to the company's interests in selecting 
from the facts otherwise available. Cantas, one of the mandatory 
respondents in Turkey, received, but failed to respond to, Commerce's 
questionnaire.\6\
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    \6\ Id. at 5; see also Memorandum, ``Delivery Confirmation,'' 
dated September 1, 2023.
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    Therefore, we preliminarily find that Cantas failed to provide 
requested information by the deadline or in the form and manner 
requested, and significantly impeded this inquiry. Moreover, we find 
that these companies failed to cooperate to the best of its ability to 
provide the requested information because it did not provide a response 
to Commerce's initial questionnaires. Consequently, we used adverse 
inferences with respect to Cantas in selecting from among the facts 
otherwise available on the record, pursuant to sections 776(a) and (b) 
of the Act. For details regarding the adverse facts available used in 
these preliminary determinations, see the Preliminary Decision 
Memorandum.
    As detailed in the Preliminary Decision Memorandum, based on AFA, 
we preliminarily determine that Cantas exported inquiry merchandise and 
that U.S. entries of that merchandise are circumventing the Order. 
Additionally, we are preliminarily precluding Cantas from participating 
in the certification program that we are establishing for exports of R-
410A completed in Turkey using HFC components from China, that is 
subsequently exported from Turkey to the United States.

Preliminary Determination of No Shipments

    ICE timely responded to Commerce's circumvention questionnaire, in 
which it reported that it did not sell or export the merchandise 
covered by the circumvention inquiry to the United States during the 
period of inquiry.\7\ Based on the information and documentation 
provided by ICE, we preliminarily determine that ICE had no shipments 
of inquiry merchandise to the United States during the period of 
inquiry.
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    \7\ See ICE's Letter, ``ICE Sogutma Sanayi Ve Ticaret Ltd. STI's 
Response to the Department's August 28, 2023 Initial 
Questionnaire,'' dated October 5, 2023.
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Suspension of Liquidation and Cash Deposit Requirements

    Based on the preliminary affirmative country-wide determination of 
circumvention for Turkey, in accordance with 19 CFR 351.226(l)(2), we 
will direct U.S. Customs and Border Protection (CBP) to suspend 
liquidation and require a cash deposit of estimated duties on 
unliquidated entries of R-410A, completed in Turkey using China-origin 
components, that were entered, or withdrawn from warehouse, for 
consumption on or after July 7, 2023, the date of publication of the 
initiation of this circumvention inquiry in the Federal Register.\8\ 
CBP shall require cash deposits in accordance with the rate established 
for the China-wide entity, i.e., 216.37 percent,\9\ for entries

[[Page 85873]]

of such merchandise produced in Turkey.
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    \8\ See Initiation Notice, 88 FR at 43275.
    \9\ See Order, 81 FR at 55438.
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    R-410A produced in Turkey from HFC blends that is not of China 
origin is not subject to this inquiry. Therefore, cash deposits are not 
required for such merchandise under the Order. If an importer imports 
R-410A from Turkey and claims that it was not produced using China-
origin HFC components, in order to not be subject to the Order cash 
deposit requirements, the importer and exporter are required to meet 
the certification and documentation requirements described in the 
``Certifications'' and ``Certification Requirements for Turkey'' 
sections, below.
    Commerce has established the following third-country case number 
for Turkey in the Automated Commercial Environment (ACE) for such 
entries: A-489-400-000. For Cantas, which will not be permitted to 
certify that its merchandise was not produced from China-origin HFC 
components, Commerce will direct CBP, for all entries of R-410A from 
Turkey produced or exported by Cantas, to suspend liquidation and 
require a cash deposit at the rate established for the China-wide 
entity, i.e., 216.37 percent, under this third country case number.\10\
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    \10\ Cantas is not currently eligible to participate in the 
certification program as either producer or exporter. In addition, 
other parties exporting R-410A produced by Cantas will likewise not 
be eligible to participate in the certification program with regard 
to such products.
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    Where no certification is provided for an entry, and the Order 
potentially applies to that entry, Commerce intends to instruct CBP to 
suspend the entry and collect cash deposits at the rate established for 
the China-wide entity, i.e., 216.37 percent, under the third country 
case number above. These suspension of liquidation instructions will 
remain in effect until further notice.

Certified Entries

    Entries for which the importer and exporter have met the 
certification requirements described below and in Appendix II to this 
notice will not be subject to suspension of liquidation, or the cash 
deposit requirements described above. Failure to comply with the 
applicable requisite certification requirements may result in the 
merchandise being subject to duties.

Certifications

    To administer the preliminary affirmative country-wide 
determination of circumvention, Commerce established importer and 
exporter certifications, which allow companies to certify that specific 
entries of R-410A from Turkey are not subject to suspension of 
liquidation or the collection of cash deposits pursuant to this 
preliminary affirmative country-wide determination of circumvention 
because the merchandise is not made with China-origin components (see 
Appendix II to this notice).
    Because Cantas was non-cooperative, it is not currently eligible to 
use the certification described above.\11\ Commerce may reconsider the 
eligibility of Cantas in the certification process in a future 
administrative review. Each year during the anniversary month of the 
publication of an AD or countervailing duty (CVD) order, finding, or 
suspended investigation, an interested party, as defined in section 
771(9) of the Act, may request, in accordance with 19 CFR 351.213, that 
Commerce conduct an administrative review of that AD or CVD order, 
finding, or suspended investigation. An interested party who would like 
Commerce to conduct an administrative review of the Order should wait 
until Commerce announces via the Federal Register the next window 
during the anniversary month of the publication of the Order to submit 
such requests. The anniversary month for this Order is August.
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    \11\ See Preliminary Decision Memorandum at the ``Use of Facts 
Available with Adverse Inferences'' section; see also, 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-
76 (October 13, 1998).
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    Importers and exporters that claim that the entry of R-410A from 
Turkey is not subject to suspension of liquidation or the collection of 
cash deposits because the merchandise is not made with China-origin 
components must complete the applicable certification and meet the 
certification and documentation requirements described below, as well 
as the requirements identified in the applicable certification.

Certification Requirements for Turkey

    Importers are required to complete and maintain the applicable 
importer certification, and maintain a copy of the applicable exporter 
certification, and retain all supporting documentation for both 
certifications. With the exception of the entries described below, the 
importer certification must be completed, signed, and dated by the time 
the entry summary is filed for the relevant entry. 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. Where the 
importer uses a broker to facilitate the entry process, the importer 
should obtain the entry summary number from the broker. Agents of the 
importer, such as brokers, however, are not permitted to certify on 
behalf of the importer.
    Exporters are required to complete and maintain the applicable 
exporter certification and provide the importer with a copy of that 
certification and all supporting documentation (e.g., invoice, purchase 
order, production records, etc.). With the exception of the entries 
described below, the exporter certification must be completed, signed, 
and dated by the time of shipment of the relevant entries. The exporter 
certification should be completed by the party selling the R-410A that 
was manufactured in Turkey to the United States.
    Additionally, the claims made in the certifications and any 
supporting documentation are subject to verification by Commerce and/or 
CBP. Importers and exporters are required to maintain the 
certifications and supporting documentation until 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.
    For all R-410A from Turkey that was entered, or withdrawn from 
warehouse, for consumption during the period July 7, 2023 (the date of 
initiation of this circumvention inquiry), through the date of 
publication of the preliminary determination in the Federal Register, 
where the entry has not been liquidated (and entries for which 
liquidation has not become final), 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 preliminary determination in the 
Federal Register. For such entries, importers and exporters each have 
the option to complete a blanket certification covering multiple 
entries, individual certifications for each entry, or a combination 
thereof. The exporter must provide the importer with a copy of the 
exporter certification within 45 days of the date of publication of 
this preliminary determination in the Federal Register.
    For unliquidated entries (and entries for which liquidation has not 
become final) of R-410A from Turkey that were declared as non-AD type 
entries (e.g.,

[[Page 85874]]

type 01) and entered, or withdrawn from warehouse, for consumption in 
the United States during the period July 7, 2023 (the date of 
initiation of these circumvention inquiries), through the date of 
publication of the preliminary determination in the Federal Register, 
for which none of the above certifications may be made, importers must 
file a Post Summary Correction with CBP, in accordance with CBP's 
regulations, regarding conversion of such entries from non-AD type 
entries to AD type entries (e.g., type 01 to type 03). Importers should 
report those AD type entries using the third country case numbers 
identified in the ``Suspension of Liquidation and Cash Deposit 
Requirements'' section, above. The importer should pay cash deposits on 
those entries consistent with the regulations governing post summary 
corrections that require payment of additional duties.
    If it is determined that an importer and/or exporter has not met 
the certification and/or related documentation requirements for certain 
entries, Commerce intends to instruct CBP to suspend, pursuant to this 
preliminary affirmative country-wide determination of circumvention and 
the Order,\12\ all unliquidated entries for which these requirements 
were not met and to require the importer to post applicable cash 
deposits equal to the rate noted above.
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    \12\ See Order.
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    Interested parties may comment on these certification requirements, 
and on the certification language contained in Appendix II to this 
notice in their case briefs.

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 the 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.\13\ Interested parties who submit case briefs or rebuttal 
briefs in these proceedings must submit: (1) a statement of the issue; 
(2) a brief summary of the argument; and (3) a table of 
authorities.\14\
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    \13\ 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).
    \14\ 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 these circumvention inquiries, we 
instead request that interested parties provide at the beginning of 
their briefs a public, executive summary for each issue raised in their 
briefs.\15\ 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).\16\
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    \15\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \16\ 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. 
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 whether any of those individuals 
is a foreign national; and (3) a list of the issues that the party 
intends to discuss at the hearing. If a request for a hearing is made, 
Commerce intends to hold the hearing at a time and date to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date of the 
hearing.

U.S. International Trade Commission Notification

    Consistent with section 781(e) of the Act, Commerce will notify the 
U.S. International Trade Commission (ITC) of this preliminary 
determination to include the merchandise subject to these circumvention 
inquiries within the Order. Pursuant to section 781(e) of the Act, the 
ITC may request consultations concerning Commerce's proposed inclusion 
of the inquiry merchandise. If, after consultations, the ITC believes 
that a significant injury issue is presented by the proposed inclusion, 
it will have 60 days from the date of notification by Commerce to 
provide written advice.

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: December 4, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I

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. Application of Facts Available and Use of Adverse Inferences
VII. Statutory and Regulatory Framework for the Circumvention 
Inquiry
VIII. Analysis of Statutory Criteria for the Circumvention Inquiry
IX. Summary of Statutory Analysis
X. Country-Wide Affirmative Determination of Circumvention and 
Certification Requirements
XI. Recommendation

Appendix II

Importer Certification

    I hereby certify that:
    A. {IMPORTING COMPANY OFFICIAL'S NAME{time}  and I am an 
official of {NAME OF IMPORTING COMPANY{time} , located at {ADDRESS 
of IMPORTING COMPANY{time} ;
    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 Turkey 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{time}  on behalf of {NAME OF U.S. 
CUSTOMER{time} , located at {ADDRESS OF U.S. CUSTOMER{time} .

[[Page 85875]]

    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{time}  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{time}  located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS 
SHIPPED{time} .
    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{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) 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{time}  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{time}  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 Turkey. 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.
    O. I am aware that U.S. law (including, but not limited to, 18 
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly 
and willfully make materially false statements to the U.S. 
government.

Signature
{NAME OF COMPANY OFFICIAL{time} 
{TITLE OF COMPANY OFFICIAL{time} 
{DATE{time} 

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{time}  and I am an 
official of {NAME OF FOREIGN COMPANY THAT MADE THE SALE TO THE 
UNITED STATES{time} ; located at {ADDRESS OF FOREIGN COMPANY THAT 
MADE THE SALE TO THE UNITED STATES{time} ;
    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{time} , located at {ADDRESS OF shipped to {NAME OF PARTY IN 
THE UNITED STATES TO WHOM MERCHANDISE WAS FIRST SHIPPED{time} , 
located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED{time} ;
    D. The R-410A produced in Turkey 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{time} , located at {ADDRESS OF U.S. CUSTOMER{time}  
(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{time} , located at 
{U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED{time} ;
    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{time}  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 
Turkey. 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

[[Page 85876]]

    (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; and
    M. I am aware that U.S. law (including, but not limited to, 18 
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly 
and willfully make material false statements to the U.S. government.

Signature
{NAME OF COMPANY OFFICIAL{time} 
{TITLE OF COMPANY OFFICIAL {time} 
{DATE{time} 

[FR Doc. 2023-27130 Filed 12-8-23; 8:45 am]
BILLING CODE 3510-DS-P