[Federal Register Volume 89, Number 133 (Thursday, July 11, 2024)]
[Notices]
[Pages 56855-56859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15263]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-028]


Antidumping Duty Order on Hydrofluorocarbon Blends From the 
People's Republic of China: Final Affirmative Determination of 
Circumvention With Respect to R-410A From the Republic of T[uuml]rkiye

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
imports of R-410A, completed in the Republic of T[uuml]rkiye 
(T[uuml]rkiye) using the People's Republic of China (China)-origin 
hydrofluorocarbon (HFC) components, and exported from T[uuml]rkiye, are 
circumventing the antidumping duty (AD) order on HFC blends from China.

DATES: Applicable July 11, 2024.

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 pursuant to section 
781(b) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 
351.226(d)(1)(ii) to determine whether imports of R-410A, completed in 
T[uuml]rkiye 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 scope of the Order.\2\ On December 11, 2023, 
Commerce published in the Federal Register its Preliminary 
Determination that imports of R-410A completed in T[uuml]rkiye using 
China-origin HFC components and subsequently exported from T[uuml]rkiye 
to the United States are circumventing the Order.\3\
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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 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, 88 FR 85871 (December 11, 2023) (Preliminary 
Determination), and accompanying Preliminary Decision Memorandum 
(PDM).
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    For a summary of events that occurred since the Preliminary 
Determination, as well as a full discussion of the issues raised by 
parties for consideration in the final determination, see the Issues 
and Decision Memorandum.\4\ 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 
https://access.trade.gov. In addition, a complete version of the Issues 
and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \4\ See Memorandum, ``Decision Memorandum for the Circumvention 
Inquiry of the Antidumping Duty Order on Hydrofluorocarbon Blends 
from the People's Republic of China with Respect to Imports of R-
410A from the Republic of T[uuml]rkiye,'' dated concurrently with, 
and hereby adopted by, this notice (Issues and 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 Issues and 
Decision Memorandum.

Merchandise Subject to the Circumvention Inquiry

    This circumvention inquiry covers imports of HFC blend R-410A, 
completed in T[uuml]rkiye using China-origin HFC components and 
subsequently exported from T[uuml]rkiye to the United States (inquiry 
merchandise).

Methodology

    Commerce is conducting this circumvention inquiry in accordance 
with section 781(b) of the Act, and 19 CFR 351.226. See Preliminary 
Determination PDM for a full description of the methodology.\5\ We have 
continued to apply this methodology, without exception, and incorporate 
by reference this description of the methodology, for our final 
determination.
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    \5\ See Preliminary Determination PDM at 3-13.
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Analysis of Comments Received

    All issues raised in this inquiry are addressed in the Issues and 
Decision Memorandum. A list of the issues raised is attached to this 
notice in Appendix I. Based on our analysis of the comments

[[Page 56856]]

received from the petitioners,\6\ we made the following change to the 
Preliminary Determination: We determine to apply retroactive suspension 
of liquidation to respondent Cantas Ic Ve Dis Ticaret Sogutma 
Sistermleri Sanayi A.S. (Cantas), as well as on a country-wide basis, 
effective November 4, 2021.
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    \6\ The petitioners in this inquiry are the American HFC 
Coalition which consists of its individual members Arkema, Inc., The 
Chemours Company FC LLC, Honeywell International Inc., and Mexichem 
Fluor Inc.
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Final Circumvention Determination

    We determine that imports of R-410A completed in T[uuml]rkiye by 
Cantas, using China-origin HFC components that are subsequently 
exported from T[uuml]rkiye to the United States, are circumventing the 
Order. As a result, in accordance with section 781(b) of the Act, we 
determine that this merchandise should be included within the scope of 
the Order. For a detailed explanation of our determination with respect 
to Cantas, see Preliminary Determination PDM, the Issues and Decision 
Memorandum, and the ``Use of Adverse Facts Available'' section below.
    We also determine that imports of R-410A completed in T[uuml]rkiye 
using China-origin HFC components, that are subsequently exported from 
T[uuml]rkiye to the United States, would be circumventing the Order 
whether such imports were by one company, or all companies. 
Accordingly, we are applying our decision on a country-wide basis. As a 
result, in accordance with section 781(b) of the Act, we determine that 
this 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 T[uuml]rkiye'' sections below for 
details regarding the use of certifications for inquiry merchandise 
exported from T[uuml]rkiye.

Use of Adverse Facts Available (AFA)

    In this inquiry, Commerce continues to find that necessary 
information is not available on the record with respect to Cantas 
within the meaning of section 776(a)(1) of the Act, and that Cantas 
withheld requested information, failed to provide requested information 
by the deadline or in the form or manner requested, and significantly 
impeded the inquiry pursuant to sections 776(a)(1), (A), (B), and (C) 
of the Act. Moreover, Commerce continues to find that this company 
failed to cooperate by not acting to the best of its ability to provide 
the requested information pursuant to section 776(b)(1) of the Act. 
Consequently, we continue to use 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 the reasons 
discussed in the Preliminary Determination and the Issues and Decision 
Memorandum.\7\ Based on AFA, we determine that Cantas exported inquiry 
merchandise and that U.S. entries of that merchandise are circumventing 
the Order. Interested parties that wish to have their suspended 
entries, if any, reviewed should request an administrative review of 
the relevant suspended entries during the next anniversary month of the 
Order (i.e., August 2024).\8\ Additionally, we are precluding Cantas 
from participating in the certification program for exports of R-410A 
completed in T[uuml]rkiye and subsequently exported from T[uuml]rkiye 
to the United States.
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    \7\ See Preliminary Determination PDM; see also Issues and 
Decision Memorandum.
    \8\ See 19 CFR 351.213(b).
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Final Determination of No Shipments

    Based on the information provided by ICE Sogutma Sanayi Ve Ticaret 
Ltd. (ICE) in this circumvention inquiry, and Commerce's verification 
of the information provided by ICE,\9\ Commerce continues to find, as 
it did in the Preliminary Determination, that ICE had no shipments of 
inquiry merchandise to the United States during the period of inquiry, 
January 1, 2019 through June 30, 2023.\10\
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    \9\ See Memorandum, ``Verification of the Response by ICE 
Sogutma Sanayi Ve Ticaret Ltd. STI. in the Circumvention Inquiry of 
the Antidumping Duty Order on Hydrofluorocarbon Blends from the 
People's Republic of China,'' dated May 28, 2024.
    \10\ See Preliminary Determination PDM at 8-9; see also Issues 
and Decision Memorandum at Comment 2.
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Suspension of Liquidation and Cash Deposit Requirements

    Based on the affirmative country-wide determination of 
circumvention for T[uuml]rkiye, in accordance with 19 CFR 
351.226(l)(3)(iii)(A), we will direct U.S. Customs and Border 
Protection (CBP) to continue the suspension of liquidation of 
previously suspended entries and to suspend liquidation and require a 
cash deposit of estimated duties on unliquidated entries of R-410A from 
T[uuml]rkiye that were entered, or withdrawn from warehouse for 
consumption, prior to the date of publication of the notice of 
initiation of the inquiry, retroactive to, and including, November 4, 
2021,\11\ which is a departure from our standard practice of applying 
the date specified in 19 CFR 351.226(l)(3)(ii) (i.e., the date of 
publication of the initiation notice).\12\ CBP shall require cash 
deposits in accordance with the rate established for the China-wide 
entity (i.e. 216.37 percent).\13\
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    \11\ November 4, 2021, was the date Commerce's circumvention 
regulations became effective. See Regulations to Improve 
Administration and Enforcement of Antidumping and Countervailing 
Duty Laws, 86 FR 52300 (September, 20, 2021) (Circumvention 
Regulations).
    \12\ See Issues and Decision Memorandum at Comment 1.
    \13\ See Order, 81 FR at 55438.
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    R-410A produced in T[uuml]rkiye that is not from China-origin HFC 
blends are not subject to this inquiry. Therefore, cash deposits are 
not required for such merchandise under the Order. If an importer 
imports R-410A from T[uuml]rkiye 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 
T[uuml]rkiye'' sections, below.
    Commerce has established the following third-country case number 
for T[uuml]rkiye in the Automated Commercial Environment (ACE) for such 
entries: A-489-400-000. For Cantas, which will not be permitted to file 
a certification in accordance with this determination, Commerce will 
direct CBP, for all entries of R-410A from T[uuml]rkiye 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.\14\
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    \14\ 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

[[Page 56857]]

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 country-wide affirmative determination of 
circumvention, Commerce established importer and exporter 
certifications, which allow companies to certify that specific entries 
of R-410A from T[uuml]rkiye are not subject to suspension of 
liquidation or the collection of cash deposits pursuant to this 
country-wide affirmative 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.\15\ Commerce may reconsider the 
eligibility of Cantas in the certification process in a future 
administrative review. See section, ``Opportunity to Request an 
Administrative Review,'' below.
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    \15\ See Preliminary Determinations PDM 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 
T[uuml]rkiye 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 T[uuml]rkiye

    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 T[uuml]rkiye 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 T[uuml]rkiye 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 
already be complete and signed. Because Commerce determined to apply 
retroactive suspension to November 4, 2021,\16\ for R-410A from 
T[uuml]rkiye that was entered, or withdrawn from warehouse, for 
consumption during the period November 4, 2021 through July 6, 2023 
(the day before the date of initiation of this circumvention inquiry), 
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 final 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 final determination in the Federal Register.
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    \16\ See Circumvention Regulations, 86 FR at 52347-48.
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    For unliquidated entries (and entries for which liquidation has not 
become final) of R-410A from T[uuml]rkiye that were declared as non-AD 
type entries (e.g., type 01) and entered, or withdrawn from warehouse, 
for consumption in the United States during the period November 4, 2021 
(the date of the start of retroactive suspension), 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, including AD/CVD 
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,\17\ 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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    \17\ See Order.
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Opportunity To Request an Administrative Review

    Each year during the anniversary month of the publication of an AD 
or 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 should wait until Commerce announces via the Federal Register 
the next opportunity during the

[[Page 56858]]

anniversary month of the publication of the Order to submit such 
requests. The anniversary month for this Order is August.

Administrative Protective Order

    This notice will serve as the only reminder to all parties subject 
to an administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    This determination is issued and published in accordance with 
section 781(b) of the Act and 19 CFR 351.226(g)(2).

    Dated: July 5, 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 I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Merchandise Subject to the Circumvention Inquiry
V. Period of Circumvention Inquiry
VI. Changes from the Preliminary Determination
VII. Discussion of the Issues
    Comment 1: Retroactive Suspension of Liquidation and Cash 
Deposit Requirement
    Comment 2: No Shipment Determination
VIII. Recommendation

Appendix II

Importer Certification

    I hereby certify that:
    A. 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} ;
    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 T[uuml]rkiye 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} .
    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 T[uuml]rkiye. 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. If the entry was for consumption during the 
period November 4, 2021 through July 6, 2023 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 
final determination 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); located at

[[Page 56859]]

{ADDRESS OF FOREIGN COMPANY THAT MADE THE SALE TO THE UNITED 
STATES);
    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 T[uuml]rkiye 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 
T[uuml]rkiye. 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
    (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. If the entry was for consumption during the 
period November 4, 2021 through July 6, 2023 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 
final determination in the Federal Register.
    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. 2024-15263 Filed 7-10-24; 8:45 am]
BILLING CODE 3510-DS-P