AD/CVD message 0171401 - Antidumping duty scope determination on hydrofluorocarbon (HFC) blends from the People's Republic of China (China) (A-570-028)

0171401
Jun 19, 2020
Active

Notice of Lifting of Suspension Date: Jun 19, 2020

Cite as: 85 FR 34416 • Cite date: Jun 04, 2020

Category: Antidumping • Type: Liquidation Instructions • Sub type: OUTSCO-Out of Scope • Reference messages: 0064409 0162402 • Cases: A-533-994 A-570-028

Notice of the lifting of suspension occurred on the message date of these instructions. See paragraph 5 below.

1. Commerce received a scope ruling request from Choice Refrigerants. Commerce issued a final scope determination on 6/04/2020 (85 FR 34416) that unpatented R-421A, a blend of HFC components R-125 and R-134a, is not within the scope of the antidumping duty order on HFC blends from China (A-570-028).

2. Commerce determined that imports of unpatented R-421A are outside the scope of the order because the plain language of the scope only covers five HFC blends (i.e., R-404A, R-407A, R-407C, R-410A, and R-507A) and does not cover imports of unpatented R-421A. Therefore, imports of unpatented R-421A are not within the scope of the antidumping duty order on HFC blends from China.

3. However, Commerce further determined that imports of unpatented R-421A are circumventing the order on HFC blends from China (6/04/2020, 85 FR 34419). Commerce issued separate instructions to suspend liquidation of unpatented R-421A entered, or withdrawn from warehouse, for consumption on or after 06/18/2019. See message number 0064409, dated 03/03/2020; and message number 0162402, dated 06/10/2020.

4. Accordingly, for all unliquidated entries of unpatented R-421A entered, or withdrawn from warehouse, for consumption on or before 06/17/2019, CBP shall terminate suspension and liquidate the entries without regard to antidumping duties, i.e., refund any cash deposits..

5. These instructions constitute notice of the lifting of suspension of liquidation of entries covered by paragraph 4. Unless instructed otherwise, suspension of liquidation should continue for shipments of subject merchandise not covered by paragraph 4.

6. Pursuant to message 0162402, dated 06/10/2020, CBP should continue to suspend liquidation, and require a cash deposit at the applicable rate, for imports of unpatented R-421A entered, or withdrawn, for consumption on or after 06/18/2019, that were determined to be subject to the order on HFC blends from China until appropriate liquidation instructions are issued.

7. The assessment of antidumping duties by CBP on shipments or entries of this merchandise is subject to the provisions of section 778 of the Tariff Act of 1930, as amended. Section 778 requires that CBP pay interest on overpayments or assess interest on underpayments of the required amounts deposited as estimated antidumping duties. The interest provisions are not applicable to cash or bonds posted as estimated antidumping duties before the date of publication of the antidumping duty order. Interest shall be calculated from the date payment of estimated antidumping duties is required through the date of liquidation. The rate at which such interest is payable is the rate in effect under section 6621 of the Internal Revenue Code of 1954 for such period.

8. Unless instructed otherwise, for all other shipments of HFC blends from China not covered by paragraph 2 above, you shall continue to collect cash deposits of estimated antidumping duties for the merchandise at the current rates.

9. 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.)

There are no restrictions on the release of this information.

Alexander Amdur