[Federal Register Volume 89, Number 127 (Tuesday, July 2, 2024)]
[Notices]
[Pages 54768-54769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14571]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-028]


Antidumping Duty Order on Hydrofluorocarbon Blends From the 
People's Republic of China: Preliminary Negative Determination of 
Circumvention With Respect to R-410B From Mexico

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that imports of R-410B from Mexico, which are allegedly 
completed in Mexico using components originating in the People's 
Republic of China (China), and further processed in the United States, 
as specified below, are not circumventing the antidumping duty (AD) 
order on hydrofluorocarbon (HFC) blends from China.

DATES: Applicable July 2, 2024.

FOR FURTHER INFORMATION CONTACT: Melissa Porpotage, AD/CVD Operations, 
Office IX, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1413.

SUPPLEMENTARY INFORMATION:

Background

    On August 19, 2016, Commerce published the Order in the Federal 
Register.\1\ On October 30, 2023, Commerce initiated a country-wide 
circumvention inquiry to determine whether imports of R-410B from 
Mexico, completed in Mexico using HFC components R-32 (difluoromethane) 
and R-125 (pentafluoroethane) (collectively, China-origin HFC 
components) manufactured in China, and further processed in the United 
States are circumventing the Order and, accordingly, should be covered 
by the scope of the Order.\2\ In December 2023, Commerce selected the 
following two mandatory respondents in this circumvention inquiry: iGas 
LLC (iGas) and Quimica Marcat, S.A. DE C.V. (Quimica Marcat).\3\ For a 
complete description of the events that followed the initiation of this 
circumvention inquiry, see the Preliminary Decision Memorandum.\4\
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    \1\ See Hydrofluorocarbon Blends from the People's Republic of 
China: Antidumping Duty Order, 81 FR 55436 (August 19, 2016) 
(Order).
    \2\ See Hydrofluorocarbon Blends from the People's Republic of 
China: Initiation of Circumvention Inquiry on the Antidumping Duty 
Order, 88 FR 74150 (October 30, 2023).
    \3\ See Memorandum, ``Respondent Selection,'' dated December 19, 
2023; see also Commerce's Letter, ``R-410B from Mexico Initial 
Questionnaire,'' dated December 27, 2023.
    \4\ See Memorandum, ``Antidumping Duty Order on 
Hydrofluorocarbon Blends from the People's Republic of China: 
Preliminary Decision Memorandum for the Circumvention Inquiry with 
Respect to R-410B from Mexico,'' dated concurrently with, and hereby 
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise covered by the Order is certain HFC blends from 
China. For a complete description of the scope of the Order, see the 
Preliminary Decision Memorandum.\5\
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    \5\ Id. at 1-3.
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Merchandise Subject to the Circumvention Inquiry

    This circumvention inquiry covers imports of R-410B from Mexico, 
which are completed in Mexico using China-origin HFC components and 
further

[[Page 54769]]

processed in the United States (inquiry merchandise).

Methodology

    Commerce is conducting this circumvention inquiry in accordance 
with section 781(a) of the Tariff Act of 1930, as amended (the Act), 
and 19 CFR 351.226. For a complete description of the methodology 
underlying this circumvention inquiry, see the Preliminary Decision 
Memorandum. A list of topics discussed in the Preliminary Decision 
Memorandum is included in the appendix to this notice. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at 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, Commerce 
preliminarily determines that R-410B from Mexico, allegedly completed 
in Mexico using HFC components from China, that is further processed in 
the United States, is not circumventing the Order. As a result, in 
accordance with section 781(a) of the Act, we preliminarily determine 
that the inquiry merchandise should not be included within the scope of 
the Order.

Verification

    As provided in 19 CFR 351.307, Commerce may verify information 
relied upon in making its final determination.

Public Comment

    Case briefs or other written comments should be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which any verification report is issued. 
Rebuttal briefs, limited to issues raised in the case briefs, may be 
filed no later than five days after the date for filing case briefs.\6\ 
Interested parties who submit case briefs or rebuttal briefs in these 
proceedings must submit: (1) a statement of the issue; and (2) a table 
of authorities.\7\ Case and rebuttal briefs should be filed using 
ACCESS.
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    \6\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Final Service Rule).
    \7\ See 19 CFR 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this circumvention inquiry, we instead 
request that interested parties provide at the beginning of their 
briefs a public, executive summary for each issue raised in their 
briefs.\8\ Further, we request that interested parties limit their 
executive summary of each issue to no more than 450 words, not 
including citations. We intend to use the executive summaries as the 
basis of the comment summaries included in the issues and decision 
memorandum that will accompany the final determination of this 
circumvention inquiry. We request that interested parties include 
footnotes for relevant citations in the executive summary of each 
issue. Note that Commerce has amended certain of its requirements 
pertaining to the service of documents in 19 CFR 351.303(f).\9\
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    \8\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \9\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings; Final 
Rule, 88 FR 67069 (September 29, 2023).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice in the Federal Register, 
filed electronically via ACCESS. Requests should contain: (1) the 
requesting party's name, address, and telephone number; (2) the number 
of individuals from the requesting party that will attend the hearing; 
and (3) a list of the issues that the party intends to discuss at the 
hearing. Oral presentations at the hearing will be limited to issues 
raised in the briefs. If a request for a hearing is made, parties will 
be notified of the time and date for the hearing.

Notification to Interested Parties

    Commerce is issuing and publishing this determination in accordance 
with section 781(b) of the Act and 19 CFR 351.226(g)(1).

    Dated: June 26, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix

Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Merchandise Subject to the Circumvention Inquiry
V. Period of the Circumvention Inquiry
VI. Statutory and Regulatory Framework for the Circumvention Inquiry
VII. Statutory Analysis for the Circumvention Inquiry
VIII. Summary of Statutory Analysis
IX. Recommendation

[FR Doc. 2024-14571 Filed 7-1-24; 8:45 am]
BILLING CODE 3510-DS-P