[Federal Register Volume 89, Number 218 (Tuesday, November 12, 2024)]
[Notices]
[Pages 88970-88971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26176]


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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 Negative Determination of 
Circumvention With Respect to R-410B From Mexico

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

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

DATES: Applicable November 12, 2024.

FOR FURTHER INFORMATION CONTACT: Ashley Cossaart, AD/CVD Operations, 
Office IX, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-0462.

SUPPLEMENTARY INFORMATION:

Background

    On July 2, 2024, Commerce published in the Federal Register its 
Preliminary Determination that imports of R-410B completed in Mexico 
using Chinese-origin HFC components and subsequently exported from 
Mexico to the United States are not circumventing the Order and invited 
interested parties to comment.\1\ On July 22, 2024,

[[Page 88971]]

Commerce tolled certain deadlines in this administrative proceeding by 
seven days.\2\ On August 12, 2024, Commerce postponed the deadline to 
issue the final determination in this circumvention inquiry by 65 days, 
until November 5, 2024.\3\ We received timely-filed case and rebuttal 
briefs from IGas Holdings, Inc. and the petitioner.\4\
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    \1\ See Antidumping Duty Order on Hydrofluorocarbon Blends from 
the People's Republic of China: Preliminary Negative Determination 
of Circumvention With Respect to R-410B from Mexico, 89 FR 54768 
(July 2, 2024), (Preliminary Determination), and accompanying 
Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \3\ See Memorandum, ``Extension of Final Determination in 
Circumvention Inquiry,'' dated August 12, 2024.
    \4\ The petitioner is the American HFC Coalition, which consists 
of individual members Arkema, Inc., The Chemours Company FC LLC, 
Honeywell International Inc., and Mexichem Fluor Inc.
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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.\5\ 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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    \5\ See Memorandum, ``Issues and 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-410B from Mexico,'' dated concurrently with, 
and hereby adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Order <SUP>6</SUP>
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    \6\ See Hydrofluorocarbon Blends from the People's Republic of 
China: Antidumping Duty Order, 81 FR 55436 (August 19, 2016) 
(Order).
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    The products subject to the Order are HFC blends from China. 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 R-410B from Mexico, 
which are completed in Mexico using China-origin HFC components and 
further processed in the United States (inquiry merchandise).

Methodology

    Commerce conducted this circumvention inquiry in accordance with 
section 781(a) of the Tariff Act of 1930, as amended (the Act), and 19 
CFR 351.226. We made no changes to our methodology in the final 
determination. Therefore, for a complete description of the methodology 
underlying this circumvention inquiry, see the Preliminary 
Determination.

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 as an appendix. Based on our analysis of the comments received, 
we made no changes to the Preliminary Determination.

Final Circumvention Determination

    Pursuant to section 781(a) of the Act, Commerce determines that R-
410B from Mexico, completed in Mexico using HFC components from China, 
that is further processed in the United States, is not circumventing 
the Order. As a result, in accordance with section 781(a) of the Act, 
we determine that the inquiry merchandise should not be included within 
the scope of the Order.

Suspension of Liquidation and Cash Deposit Requirements

    Pursuant to 19 CFR 351.226(l)(4), Commerce will order U.S. Customs 
and Border Protection to terminate the suspension of liquidation and 
refund cash deposits for any imports of inquiry merchandise that are 
suspended pursuant to this circumvention inquiry.

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(a) of the Act and 19 CFR 351.226(g)(2).

    Dated: November 5, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
    Comment 1: Whether Commerce Should Continue to Reach a Negative 
Determination
    Comment 2: Whether to Impose an End-Use Certification 
Requirement for Future Imports
    Comment 3: Whether to Require IGas Holdings, Inc. (IGas 
Holdings) to Certify That it is Not Reblending or Reselling R-410B 
from Mexico
V. Recommendation

[FR Doc. 2024-26176 Filed 11-8-24; 8:45 am]
BILLING CODE 3510-DS-P