AD/CVD message 0064409 - Notice of preliminary determination of circumvention of the antidumping duty order on hydrofluorocarbon (HFC) blends from the People's Republic of China (China) (A-570-028)

0064409
Mar 04, 2020
Active

Effective Date: Jun 18, 2019

Cite as: 85 FR 12511 • Cite date: Mar 03, 2020

Category: Antidumping • Type: CSDEP • Sub type: CIRAF • Cases: A-570-028

1. On 03/03/2020, Commerce published in the Federal Register its notice of affirmative preliminary determination of circumvention of the antidumping duty (AD) order on hydrofluorocarbon blends from China (85 FR 12511) (Preliminary Determination).

2. Scope of the antidumping duty order

The products covered by the order are HFC blends. HFC blends covered by the scope are R-404A, a zeotropic mixture consisting of 52 percent 1,1,1 Trifluoroethane, 44 percent Pentafluoroethane, and 4 percent 1,1,1,2-Tetrafluoroethane; R-407A, a zeotropic mixture of 20 percent Difluoromethane, 40 percent Pentafluoroethane, and 40 percent 1,1,1,2-Tetrafluoroethane; R-407C, a zeotropic mixture of 23 percent Difluoromethane, 25 percent Pentafluoroethane, and 52 percent 1,1,1,2-Tetrafluoroethane; R-410A, a zeotropic mixture of 50 percent Difluoromethane and 50 percent Pentafluoroethane; and R-507A, an azeotropic mixture of 50 percent Pentafluoroethane and 50 percent 1,1,1-Trifluoroethane also known as R-507. The foregoing percentages are nominal percentages by weight. Actual percentages of single component refrigerants by weight may vary by plus or minus two percent points from the nominal percentage identified above. [Footnote 1.]

Any blend that includes an HFC component other than R-32, R-125, R-143a, or R-134a is excluded from the scope of the Order.

Excluded from the Order are blends of refrigerant chemicals that include products other than HFCs, such as blends including chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), hydrocarbons (HCs), or hydrofluoroolefins (HFOs).

Also excluded from the Order are patented HFC blends, including, but not limited to, ISCEON® blends, including MO99 (R-438A), MO79 (R-422A), MO59 (R-417A), MO49Plus (R-437A) and MO29 (R-4 22D), Genetron® Performax LT (R-407F), Choice® R-421A, and Choice® R-421B.

HFC blends covered by the scope of the Order are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) at subheadings 3824.78.0020 and 3824.78.0050. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope is dispositive.

[Footnote 1.] R-404A is sold under various trade names, including Forane® 404A, Genetron® 404A, Solkane® 404A, Klea® 404A, and Suva®404A. R-407A is sold under various trade names, including Forane® 407A, Solkane® 407A, Klea®407A, and Suva®407A. R-407C is sold under various trade names, including Forane® 407C, Genetron® 407C, Solkane® 407C, Klea® 407C and Suva® 407C. R-410A is sold under various trade names, including EcoFluor R410, Forane® 410A, Genetron® R410A and AZ-20, Solkane® 410A, Klea® 410A, Suva® 410A, and Puron®. R-507A is sold under various trade names, including Forane® 507, Solkane® 507, Klea®507, Genetron®AZ-50, and Suva®507. R-32 is sold under various trade names, including Solkane®32, Forane®32, and Klea®32. R-125 is sold under various trade names, including Solkane®125, Klea®125, Genetron®125, and Forane®125. R-143a is sold under various trade names, including Solkane®143a, Genetron®143a, and Forane®125.

3. Scope of the anti-circumvention inquiry

This anti-circumvention inquiry covers imports of unpatented R-421A, a blend of HFC components R-125 (also known as Pentafluoroethane) and R-134a (also known as 1,1,1,2-Tetrafluoroethane) from China that must be further processed in the United States to create an HFC blend that would be subject to the Order.

4. Suspension of Liquidation

CBP shall suspend liquidation of all unliquidated entries (and entries for which liquidation has not become final) of unpatented R-421A blends produced in China, and entered, or withdrawn from warehouse, for consumption on or after 06/18/2019. In addition, CBP shall require for such entries, a cash deposit at the applicable AD rate for each exporter. Importers should file a Post Summary Correction with CBP, as appropriate, in accordance with CBP's regulations, regarding conversion of such entries from non-AD type entries to AD-type entries.

5. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by OII:MR.)

6. There are no restrictions on the release of this information.

Alexander Amdur