85876 Federal Register / Vol. 88, No. 236 / Monday, December 11, 2023 / Notices 

1See Hydrofluorocarbon Blends from the People’s 

Republic of China: Antidumping Duty Order, 81 FR 

55436 (August 19, 2016) (Order). 

2See 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). 

3See Memorandum, ‘‘Respondent Selection,’’ 

dated August 14; see also Commerce’s Letter, 

‘‘Custom Blends from Malaysia Initial 

Questionnaire,’’ dated August 23, 2023 (Initial 

Questionnaire). 

4See Memorandum, ‘‘Hydrofluorocarbon Blends 

from the People’s Republic of China: Preliminary 

Decision Memorandum for the Circumvention 

Inquiry of the Antidumping Duty Order with 

Respect to Imports of R–410A and R–407C from 

Malaysia,’’ dated concurrently with, and hereby 

adopted by, this notice (Preliminary Decision 

Memorandum). 

5 Id. at 2–3. 

(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} 

{TITLE OF COMPANY OFFICIAL } 

{DATE} 

[FR Doc. 2023–27130 Filed 12–8–23; 8:45 am] 

BILLING CODE 3510–DS–P 

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 and R–407C From Malaysia 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) preliminarily 

determines that imports of R–410A and 

R–407C, completed in Malaysia using 

the People’s Republic of China (China)- 

origin components, and exported from 

Malaysia, as specified below, are 

circumventing the antidumping duty 

(AD) order on hydrofluorocarbon blends 

(HFC blends) from China. 

DATES: Applicable December 11, 2023. 

FOR FURTHER INFORMATION CONTACT: Jerry 

Xiao, 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) 482–2273. 

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 

and R–407C, completed in Malaysia 

using HFC components, R–32 

(difluoromethane), R–125 

(pentafluoroethane), and R–134a (1,1,1,2 

tetrafluoroethane) (collectively, Chinaorigin components) manufactured in 

China, are circumventing the Order and, 

accordingly, should be covered by the 

scope of the Order.2 The sole 

respondent in this circumvention 

inquiry is Juara Teguh Resources PLT 

(Juara) 3 For a complete description of 

the events that followed the initiation of 

this circumvention inquiry, see the 

Preliminary Decision Memorandum.4

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

Merchandise Subject to the 

Circumvention Inquiries 

This circumvention inquiry covers R– 

410A and R–407C, completed in 

Malaysia using China-origin HFC 

components and subsequently exported 

from Malaysia to the United States. 

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 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, and based on 

the ‘‘Use of Adverse Facts Available 

(AFA)’’ section, Commerce 

preliminarily determines that R–410A 

and R–407C completed in Malaysia 

using HFC components from China, that 

are subsequently exported from 

Malaysia to the United States, are 

circumventing the Order on a countrywide 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 ‘‘Certified 

Entries’’ section below for details 

regarding Commerce’s preliminary 

decision concerning certifications for 

inquiry merchandise exported from 

Malaysia. 

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. 

We requested information from Juara. 

In the Initial Questionnaire, 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 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 236 / Monday, December 11, 2023 / Notices 85877 

6See Initial Questionnaire at 3. 

7See Memorandum, ‘‘Delivery Confirmation,’’ 

dated September 1, 2023. 

8See Initiation Notice, 88 FR at 43275. 

9See Order, 81 FR at 55438. 

10Commerce is exercising its discretion, under 19 

CFR 351.309(C)(1)(ii), to alter the time limit for 

filing case briefs. 

11See 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). 

12See 19 CFR 351.309(c)(2)(d)(2). 

13We use the term ‘‘issue’’ here to describe an 

argument that Commerce would normally address 

in a comment of the Issues and Decision 

Memorandum. 

14See Administrative Protective Order, Service, 

and Other Procedures in Antidumping and 

Countervailing Duty Proceedings; Final Rule, 88 FR 

67069 (September 29, 2023). 

request for information, and may use an 

inference that is adverse to the 

company’s interests in selecting from 

the facts otherwise available.6 Juara 

received, but failed to respond to, 

Commerce’s questionnaire.7

Therefore, we preliminarily find that 

Juara failed to provide requested 

information by the deadline or in the 

form and manner requested, and 

significantly impeded this inquiry. 

Moreover, we find that Juara 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 questionnaire. 

Consequently, we used adverse 

inferences with respect to Juara 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 AFA 

used in this preliminary determination, 

see the Preliminary Decision 

Memorandum. 

As detailed in the Preliminary 

Decision Memorandum, based on AFA, 

we preliminarily determine that Juara 

exported inquiry merchandise and that 

U.S. entries of that merchandise are 

circumventing the Order. 

Suspension of Liquidation and Cash 

Deposit Requirements 

Based on the preliminary affirmative 

country-wide determination of 

circumvention for Malaysia 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 and R0407C, completed in 

Malaysia 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 

of such merchandise produced in 

Malaysia. 

Commerce has established the 

following third-country case number for 

Malaysia in the Automated Commercial 

Environment (ACE) for such entries: A– 

557–300–000. For Juara, Commerce will 

direct CBP, for all entries of R–410A or 

R–407C from Malaysia produced or 

exported by Juara, 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. 

R–410A and R–407C produced in 

Malaysia that is not from China-origin 

HFC blends is not subject to this 

inquiry. Therefore, cash deposits are not 

required for such merchandise under 

the Order. These suspension of 

liquidation instructions will remain in 

effect until further notice. 

Certified Entries 

At this time, Commerce has not 

included a certification requirement. We 

invite interested parties to comment on 

this matter. 

Public Comment 

Interested parties may submit case 

briefs to Commerce no later than 14 

days after the date of publication of this 

notice.10 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.11 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.12

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.13 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 in 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).14

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 this 

circumvention inquiry 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 

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 


lotter on DSK11XQN23PROD with NOTICES1
85878 Federal Register / Vol. 88, No. 236 / Monday, December 11, 2023 / Notices 

1See Certain Steel Nails from the Sultanate of 

Oman: Preliminary Results of Antidumping Duty 

Administrative Review and Preliminary 

Determination of No Shipments; 2021–2022, 88 FR 

52120 (August 7, 2023) (Preliminary Results), and 

accompanying Preliminary Decision Memorandum 

(PDM). 

2See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Results of the 2021– 

2022 Administrative Review of the Antidumping 

Duty Order on Certain Steel Nails from the 

Sultanate of Oman,’’ dated concurrently with, and 

hereby adopted by, this notice (Issues and Decision 

Memorandum). 

3See Certain Steel Nails from the Republic of 

Korea, Malaysia, the Sultanate of Oman, Taiwan, 

and the Socialist Republic of Vietnam: 

Antidumping Duty Orders, 80 FR 39994 (July 13, 

2015) (Order). 

4See Issues and Decision Memorandum at 

Comment 2. 

5See Albemarle Corp. & Subsidiaries v. United 

States, 821 F.3d 1345, 1353 (Fed. Cir. 2016); see 

also Certain Hot Rolled Steel Flat Products from 

Japan: Final Results of Antidumping Duty 

Administrative Review and Final Determination of 

No Shipments; 2017–2018, 85 FR 57821 (September 

16, 2020). 

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 

XI. Recommendation 

[FR Doc. 2023–27129 Filed 12–8–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–523–808] 

Certain Steel Nails From the Sultanate 

of Oman: Final Results of Antidumping 

Duty Administrative Review; 2021– 

2022 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) determines 

Oman Fasteners, LLC (Oman Fasteners), 

the sole producer and exporter subject 

to this administrative review, made 

sales of certain steel nails (steel nails) 

from the Sultanate of Oman (Oman) in 

the United States at prices below normal 

value (NV) during the period of review 

(POR), July 1, 2021, through June 30, 

2022. 

DATES: Applicable December 11, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Dakota Potts, AD/CVD Operations, 

Office IV, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–0223. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 7, 2023, Commerce 

published the Preliminary Results of 

this administrative review and we 

invited interested parties to comment.1

A summary of the events that occurred 

since Commerce published the 

Preliminary Results, as well as a full 

discussion of the issues raised by parties 

for these final results, are discussed in 

the Issues and Decision Memorandum.2

Scope of the Order 3

The product covered by this Order is 

steel nails from Oman. For a complete 

description of the scope of the Order, 

see the Issues and Decision 

Memorandum. 

Analysis of Comments Received 

All issues raised in the parties’ case 

and rebuttal briefs are addressed in the 

Issues and Decision Memorandum and 

are listed in the appendix to this notice. 

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. 

Changes Since the Preliminary Results 

Based on comments received from 

interested parties regarding our 

Preliminary Results and our review of 

the record, we made changes to the 

preliminary weighted-average dumping 

margin calculations for Oman Fasteners, 

as detailed in the Issues and Decision 

Memorandum.4

Rate for Non-Examined Companies 

The Tariff Act of 1930, as amended 

(the Act), and Commerce’s regulations 

do not address the establishment of a 

rate to be applied to companies not 

selected for individual examination 

when Commerce limits its examination 

in an administrative review pursuant to 

section 777A(c)(2) of the Act. Generally, 

when calculating margins for nonselected respondents, Commerce looks 

to section 735(c)(5) of the Act for 

guidance, which provides instructions 

for calculating the all-others rate in an 

investigation, for guidance when 

calculating the rate for companies 

which we did not examine in an 

administrative review. When the rates 

for individually examined companies 

are all zero, de minimis, or based 

entirely on facts available, section 

735(c)(5)(B) of the Act provides that 

Commerce may use ‘‘any reasonable 

method’’ to establish the all-others rate. 

We calculated a dumping margin of 0.00 

percent for the sole mandatory 

respondent, Oman Fasteners, LLC. 

Therefore, we assigned the companies 

not selected for examination a margin of 

0.00 percent, the sole margin calculated 

in this proceeding.5

Final Results of Review 

As a result of this review, we 

determine the following estimated 

weighted-average dumping margins 

exist for the POR: 

Exporter or producer 

Weighted-average 

dumping margin 

(percent) 

Oman Fasteners, LLC ................................................................................................................................................................. 0.00 

Al Ansari Teqmark, LLC .............................................................................................................................................................. 0.00 

Al Kiyumi Global LLC .................................................................................................................................................................. 0.00 

Al Sarah Building Materials LLC ................................................................................................................................................. 0.00 

Buraimi Iron & Steel, LLC ............................................................................................................................................................ 0.00 

CL Synergy (Pvt) Ltd ................................................................................................................................................................... 0.00 

Diamond Foil Trading LLC .......................................................................................................................................................... 0.00 

Gulf Nails Manufacturing, LLC .................................................................................................................................................... 0.00 

Gulf Steel Manufacturers, LLC .................................................................................................................................................... 0.00 

Muscat Industrial Company, LLC ................................................................................................................................................ 0.00 

Muscat Nails Factory Golden Asset Trade, LLC ......................................................................................................................... 0.00 

Omega Global Uluslararasi Tasimacilik Lojistik Ticaret Ltd. Sti ................................................................................................. 0.00 


lotter on DSK11XQN23PROD with NOTICES1