1. On 10/01/2020, Commerce issued a final circumvention determination that hydrofluorocarbon (HFC) blends R-404A, R-407A, R-407C, R-410A, and R-507A/R-507 produced in India using one or more HFC components of Chinese origin (inquiry merchandise) are circumventing the antidumping duty (AD) order on HFC blends from the People's Republic of China (A-570-028). See 85 FR 61930. 2. Specifically, Commerce determined that the inquiry merchandise is covered by the scope of the AD order on HFC blends from the People's Republic of China because the inquiry merchandise is the same class or kind of merchandise subject to the order assembled or completed in a foreign country other than the country to which the order applies. 3. This final circumvention determination is applicable on a country-wide basis, regardless of foreign producer, exporter, or importer. 4a. Continue to suspend liquidation of entries of HFC blends R-404A, R-407A, R-407C, R-410A, and R-507/R-507A produced in India, using one or more HFC components of Chinese origin, exported from India already subject to the suspension of liquidation under the AD order on HFC blends from the People's Republic of China at the cash deposit rate(s) in effect on the date of entry in accordance with message 0107404, dated 04/16/2020. 4b. For all entries of inquiry merchandise not already subject to the suspension of liquidation, CBP should suspend liquidation of shipments entered, or withdrawn from warehouse, for consumption on or after 06/18/2019 (date of publication of the notice of initiation of the circumvention inquiry). CBP shall require, for such entries, a cash deposit at the applicable rate(s) in effect on the date of entry. Commerce established a third-country case number(s) to allow HFC blends R-404A, R-407A, R-407C, R-410A, and R-507/R-507A produced in India, using one or more HFC components of Chinese origin to be properly reported as subject to the order on HFC blends from the People's Republic of China (A-570-028) upon entry. Third Country: India Case Number: A-533-994 Exporter: All Other Companies Case Number: A-533-994-000 Cash Deposit Rate: 216.37% The third country AD/CVD case numbers above have been assigned for CBP purposes. 4c. Entries of products covered by subparagraph(s) 4a and 4b should not be liquidated until specific liquidation instructions are issued. 5. Certification Requirements for Imports and Exporters 5a. Eligibility for the Certification Importers and exporters of HFC blends R-404A, R-407A, R-407C, R-410A, and R-507/R-507A from India are eligible for the certification process detailed below and in the Final Determination (85 FR 61930). 5b. Certification Requirements for Importers and Exporters: (i) For entries of HFC blends R-404A, R-407A, R-407C, R-410A, and R-507/R-507A exported from India and entered, or withdrawn from warehouse, for consumption on or after 06/18/2019 (the date of initiation of this anti-circumvention inquiry) for which the importer claims that HFC blends R-404A, R-407A, R-407C, R-410A, and R-507/R-507A does not meet the criteria outlined in section 3, the importer and exporter are required to meet the certification and documentation requirements detailed in the certifications below in order for no cash deposit to be required on such entries because suspension of liquidation does not apply to those entries. (ii) The exporter is required to provide the importer a copy of the exporter certification and the importer is required to maintain a copy of the exporter certification. (iii) The importer and third country exporter are required to maintain sufficient document as indicated in the certifications supporting their certifications. The importer and exporter are required to maintain the certifications and supporting documentation for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in United States courts regarding such entries. (iv) Although the importer will not be required to submit the certifications or supporting documentation to CBP as part of the entry process, the importer and the exporter will be required to present the certifications and supporting documentation to Commerce and/or CBP, as applicable, upon request by the respective agency. (v) Agents of the importer, such as brokers, are not permitted to make this certification. Where the importer uses a broker to facilitate the entry process, it should obtain the entry number and date of entry from the broker. (vi) The exporter certification should be completed by the party selling the merchandise manufactured in India to the United States, which is not necessarily the producer of the product. (vii) The claims made in the importer and exporter certifications and any supporting documentation are subject to verification by Commerce and/or CBP. 5c. Certification Timing Requirements for Importers and Exporters: (i) For subject merchandise (1) shipped and/or (2) entered, or withdrawn from warehouse, for consumption during the period 06/18/2019, through 04/30/2020, for which certifications are required, importers and exporters should have completed the required certification no later than 30 days after the publication of the Preliminary Determination in the Federal Register. Accordingly, where appropriate, the relevant bullet in the certification should reflect that the certification was completed within the time frame specified above. For example, the bullet in the importer certification that reads: "This certification was completed at or prior to the time of Entry," could be edited as follows: "The imports referenced herein entered before May 1, 2020. This certification was completed on mm/dd/yyyy, within 30 days of the Federal Register notice publication of the preliminary determination of circumvention." Similarly, the bullet in the exporter certification that reads, "This certification was completed at or prior to the time of shipment," could be edited as follows: "The shipments/products referenced herein shipped before May 1, 2020. This certification was completed on mm/dd/yyyy, within 30 days of the Federal Register notice publication of the preliminary determination of circumvention." For such entries/shipments, importers and exporters each have the option to complete a blanket certification covering multiple entries/shipments, individual certifications for each entry/shipment, or a combination thereof. (ii) For shipments and/or entries on or after May 1, 2020, for which certifications are required, importers should complete the required certification at or prior to the date of entry and exporters should complete the required certification and provide it to the importer at or prior to the date of shipment. 6. Certifications 6a. IMPORTER CERTIFICATION I hereby certify that: My name is {IMPORTING COMPANY OFFICIAL'S NAME} and I am an official of {NAME OF IMPORTING COMPANY}, located at {ADDRESS of IMPORTING COMPANY}; I have direct personal knowledge of the facts regarding the importation into the Customs territory of the United States of the hydrofluorocarbon (HFC) blends (i.e., R-404A, R-407A, R-407C, R-410A, and/or R-507A/R-507) produced in India 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 ( e.g., the name of the exporter) in its records. The HFC blends covered by this certification were exported by {NAME OF EXPORTING COMPANY}, located at {ADDRESS OF EXPORTING COMPANY}. If the importer is acting on behalf of the first U.S. customer, complete this paragraph: The HFC blends 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}. The HFC blends covered by this certification were shipped to {NAME OF PARTY TO WHOM MERCHANDISE WAS FIRST SHIPPED IN THE UNITED STATES}, located at {ADDRESS OF SHIPMENT}. 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 inputs used to produce the imported products); The HFC blends covered by this certification were produced by {NAME OF PRODUCING COMPANY}, located at {ADDRESS OF PRODUCING COMPANY}; for each additional company, repeat: {NAME OF PRODUCING COMPANY}, located at {ADDRESS OF PRODUCING COMPANY}. The HFC blends covered by this certification do not contain HFC components (i.e., R-32, R-125, R-134a, and/or R-143a) produced in the People's Republic of China (China); This certification applies to the following entries: {Repeat this block as many times as necessary} Producer: Entry summary No.: Entry summary line item No.: Invoice NO.: Invoice line item No.: 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) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in the United States courts regarding such entries; I understand that {NAME OF IMPORTING COMPANY}is required to provide this certification and supporting records, upon request, to U.S. Customs and Border Protection (CBP) and/or the Department of Commerce (Commerce); I understand that {NAME OF IMPORTING COMPANY} is required to maintain a copy of the exporter's certification (attesting to the production and/or export of the imported merchandise identified above), and any supporting records provided by the exporter to the importer, for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in United States courts regarding such entries; I understand that {NAME OF IMPORTING COMPANY}is required to maintain, and upon request, provide a copy of the exporter's certification and any supporting records provided by the exporter to the importer, to CBP and/or Commerce; I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or Commerce; I understand that failure to maintain the required certifications, and/or failure to substantiate the claims made herein, and/or failure to allow 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 if [PA1.1]the antidumping duty (AD) order on HFC blends from China. I understand that such a finding will result in: -- Suspension of liquidation of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met; -- The requirement that the importer post applicable AD cash deposits equal to the rates as determined by Commerce; and -- The revocation of {NAME OF IMPORTING COMPANY}'s privilege to certify future imports of HFC blends from India as not manufactured using HFC blends and/or components from China. I understand that agents of the importer, such as brokers, are not permitted to make this certification; This certification was completed at or prior to the time of Entry; and I am aware that U.S. law (including, but not limited to,1 8 U.S.C. Section 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 DATE 6b. EXPORTER CERTIFICATION I hereby certify that: My name is {COMPANY OFFICIAL'S NAME} and I am an official of {NAME OF EXPORTING COMPANY}, located at {ADDRESS OF EXPORTING COMPANY}; I have direct personal knowledge of the facts regarding the production and exportation of the hydrofluorocarbon (HFC) blends (i.e., R-404A, R-407A, R-407C, R-410A, and/or R-507A/R-507) identified below. "Direct personal knowledge" refers to facts the certifying party is expected to have in its own books and records. For example, an exporter should have direct personal knowledge of the producer's identity and location. The HFC blends, and the individual components thereof, covered this certification were produced by {NAME OF PRODUCING COMPANY}, located at {ADDRESS OF PRODUCING COMPANY}; for each additional company, repeat: {NAME OF PRODUCING COMPANY}, located at {ADDRESS OF PRODUCING COMPANY}. The HFC blends produced in India do not contain HFC components (i.e., R-32, R-125, R-134a, and/or R-143a) produced in the People's Republic of China (China); This certification applies to the following sales: {Repeat this block as many times as necessary} Producer: Invoice No.: Invoice line item No.: The HFC blends covered by this certification were sold to {NAME OF U.S. CUSTOMER}, located at {ADDRESS OF U.S. CUSTOMER}. The HFC blends covered by this certification were shipped to {NAME OF PARTY TO WHOM MERCHANDISE WAS SHIPPED}, located at {ADDRESS OF SHIPMENT}. I understand that {NAME OF EXPORTING 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) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in the United States courts regarding such entries; I understand that {NAME OF EXPORTING COMPANY} must provide this Exporter Certification to the U.S. importer by the time of shipment; I understand that {NAME OF EXPORTING COMPANY} is required to provide a copy of this certification and supporting records, upon request, to U.S. Customs and Border Protection (CBP) and/or the Department of Commerce (Commerce); I understand that the claims made herein, and the substantiating documentation are subject to verification by CBP and/or Commerce; I understand that failure to maintain the required certifications, and/or failure to substantiate the claims made herein, and/or failure to allow 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 (AD) order on HFC blends from China. I understand that such finding will result in: -- Suspension of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met; -- The requirement that the importer post applicable AD cash deposits equal to the rates as determined by Commerce; and -- The revocation of {NAME OF EXPORTING COMPANY}'s privilege to certify future exports of HFC blends from India as not manufactured using HFC blends and/or components from China. This certification was completed at or prior to the time of shipment; and I am aware that U.S. law (including, but not limited to, 18 U.S.C. Section 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 DATE 7. In accordance with 19 CFR 351.226(l)(5), this instruction does not affect or otherwise limit CBP's independent authority to take any additional action with respect to the suspension of liquidation or related measures. 8. 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:RMJ.) 9. There are no restrictions on the release of this information. Alexander Amdur