Federal Register / Vol. 88, No. 236 / Monday, December 11, 2023 / Notices 85871 

1See Hydrofluorocarbon Blends from the People’s 

Republic of China: Antidumping Duty Order, 81 FR 

55436 (August 19, 2016) (Order). 

Harrison, Program Analyst, Performance 

and National Programs Division, 

Economic Development Administration, 

U.S. Department of Commerce, via 

email to MHarrison@eda.gov or by 

phone, (202) 482–4696. 

SUPPLEMENTARY INFORMATION: 

I. Abstract 

Guided by the basic principle that 

sustainable economic development 

should be locally driven, the Economic 

Development Administration (EDA) 

works directly with communities and 

regions to help them build the capacity 

for economic development based on 

local business conditions and needs. 

The EDA Revolving Loan Fund (RLF) 

Program, authorized under section 209 

of the Public Works and Economic 

Development Act of 1965, as amended 

(42 U.S.C. 3149), has served as an 

important pillar of EDA investment 

programs since the establishment of the 

RLF Program in 1975. The purpose of 

the RLF Program is to provide regions 

with a flexible and continuing source of 

capital, to be used with other economic 

development tools, for creating and 

retaining jobs and inducing private 

investment that will contribute to longterm economic stability and growth. 

EDA provides RLF grants to eligible 

recipients, which include State and 

local governments, Indian Tribes, and 

non-profit organizations, to operate a 

lending program that offers loans with 

flexible repayment terms, primarily to 

small businesses in distressed 

communities that are unable to obtain 

traditional bank financing. These loans 

enable small businesses to expand and 

lead to new employment opportunities 

that pay competitive wages and benefits. 

A unique feature of the RLF Program 

is that the federal interest in RLF awards 

does not terminate but may be released 

by EDA seven years after completion of 

the grant disbursement. EDA RLF 

regulations therefore require RLF 

recipients to submit to EDA RLF 

Financial Report, Form ED–209, which 

collects limited performance 

information for RLF awards (13 CFR 

307.14(a)). EDA currently requires Form 

ED–209 to be submitted on an annual 

basis for high-performing RLFs and on 

a semi-annual basis for other RLFs. 

Through implementation of the 

Reinvigorating Lending for the Future 

Act (RLF Act), EDA released its federal 

interest in a substantial portion of the 

RLF awards that were previously 

required to submit Form ED–209. As a 

result, the number of respondents 

required to submit Form ED–209 will 

decrease. Although Form ED–209 is 

being extended without change, and the 

estimated amount of time required to 

complete Form ED–209 remains 

unchanged at three hours, the estimated 

annual burden hours for Form ED–209 

is decreasing because of the decreased 

number of RLF awards and respondents 

required to complete Form ED–209. 

II. Method of Collection 

RLF recipients must complete and 

submit the information collected by 

Form ED–209 online through a 

Salesforce application (‘‘RLF Portal’’) for 

Revolving Loan Fund (RLF) reporting 

that is accessible at https://doceda.my.site.com/RLF/s/login/. 

III. Data 

OMB Control Number: 0610–0095. 

Form Number(s): ED–209. 

Type of Review: Extension of a 

currently approved information 

collection. 

Affected Public: EDA RLF recipients: 

State and local governments, Indian 

Tribes, and non-profit organizations. 

Estimated Number of Respondents: 

1,000. 

Estimated Time per Response: 3 

hours. 

Estimated Total Annual Burden 

Hours: 3,000. 

Estimated Total Annual Cost to 

Public: $173,520 (cost assumes 

application of U.S. Bureau of Labor 

Statistics first quarter 2020 mean hourly 

employer costs for employee 

compensation for professional and 

related occupations of $57.84). 

Respondent’s Obligation: Mandatory. 

IV. Request for Comments 

We are soliciting public comments to 

permit the Department/Bureau to: (a) 

Evaluate whether the proposed 

information collection is necessary for 

the proper functions of the Department, 

including whether the information will 

have practical utility; (b) Evaluate the 

accuracy of our estimate of the time and 

cost burden for this proposed collection, 

including the validity of the 

methodology and assumptions used; (c) 

Evaluate ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and (d) Minimize the 

reporting burden on those who are to 

respond, including the use of automated 

collection techniques or other forms of 

information technology. 

Comments that you submit in 

response to this notice are a matter of 

public record. We will include or 

summarize each comment in our request 

to OMB to approve this ICR. Before 

including your address, phone number, 

email address, or other personal 

identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you may ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Sheleen Dumas, 

Department PRA Clearance Officer, Office of 

the Under Secretary for Economic Affairs, 

Commerce Department. 

[FR Doc. 2023–27076 Filed 12–8–23; 8:45 am] 

BILLING CODE 3510–34–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 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 


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85872 Federal Register / Vol. 88, No. 236 / Monday, December 11, 2023 / Notices 

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 23, 2023; see also Commerce’s Letter, 

‘‘R–410A from Turkey Initial Questionnaire,’’ dated 

August 28, 2023. 

4See 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). 

5 Id. at 2–3. 

6 Id. at 5; see also Memorandum, ‘‘Delivery 

Confirmation,’’ dated September 1, 2023. 

7See 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. 

8See Initiation Notice, 88 FR at 43275. 

9See Order, 81 FR at 55438. 

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

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 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

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. 

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 


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10Cantas 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. 

11See 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). 

of such merchandise produced in 

Turkey. 

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

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 countrywide 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. 

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., 


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85874 Federal Register / Vol. 88, No. 236 / Monday, December 11, 2023 / Notices 

12See Order. 

13See 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). 

14See 19 CFR 351.309(c)(2) and (d)(2). 

15We use the term ‘‘issue’’ here to describe an 

argument that Commerce would normally address 

in a comment of the Issues and Decision 

Memorandum. 

16See Administrative Protective Order, Service, 

and Other Procedures in Antidumping and 

Countervailing Duty Proceedings; Final Rule, 88 FR 

67069 (September 29, 2023). 

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. 

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

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

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} and I am an official of {NAME OF 

IMPORTING COMPANY}, located at 

{ADDRESS of IMPORTING COMPANY}; 

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} on behalf of {NAME OF U.S. 

CUSTOMER}, located at {ADDRESS OF U.S. 

CUSTOMER}. 


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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} 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} located at {U.S. ADDRESS TO 

WHICH MERCHANDISE WAS SHIPPED}. 

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} 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} 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} 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} 

{TITLE OF COMPANY OFFICIAL} 

{DATE} 

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} and I am an official of {NAME OF 

FOREIGN COMPANY THAT MADE THE 

SALE TO THE UNITED STATES}; located at 

{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}, located at 

{ADDRESS OF shipped to {NAME OF 

PARTY IN THE UNITED STATES TO 

WHOM MERCHANDISE WAS FIRST 

SHIPPED}, located at {U.S. ADDRESS TO 

WHICH MERCHANDISE WAS SHIPPED}; 

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}, located at {ADDRESS OF U.S. 

CUSTOMER} (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}, 

located at {U.S. ADDRESS TO WHICH 

MERCHANDISE WAS SHIPPED}; 

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} 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 


lotter on DSK11XQN23PROD with NOTICES1
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 


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