Commerce Finalizes Circumvention Findings AD on Hydrofluorocarbon Blends From Turkey, China
The Commerce Department is finalizing antidumping duties on importers of certain hydrofluorocarbon blends from Turkey and China. The agency found in its final determinations in a trio of anti-circumvention inquiries that imports of the blends from Turkey and China are circumventing the AD order on hydrofluorocarbon blends from China (A-570-028).
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In one final determination, Commerce found circumvention by imports of R-410A from Turkey that were made using Chinese R-32 and R-125. In another, it found circumvention by imports of R-410B from Turkey that were made using Chinese R-32 and R-125, and further processed in the U.S. And in a third, it found imports from China of R-410B, R-407G and a custom HFC blend of 50% R-125 and 50% R-134a, which are blended in China using China-origin HFC components and further processed in the U.S., are also circumventing the AD order.
For the Chinese blends and for the R-410B from Turkey, suspension of liquidation and cash deposit requirements will remain in effect for entries on or after July 7, 2023. For R-410A from Turkey, Commerce is further extending retroactive suspension of liquidation and cash deposit requirements to entries on or after Nov. 4, 2021, the earliest date Commerce can suspend liquidation in anti-circumvention inquiries per the agency's regulations.
Commerce will continue to allow certifications from importers of hydrofluorocarbon blends from Turkey and China to establish that their imports shouldn’t be subject to AD duties. For R-410A and R-410B, importers must certify their HFC blends aren't made from Chinese inputs to avoid duties. For the Chinese blends, importers must certify their imports aren't further processed into subject HFC blends in the U.S.
The Turkish company Cantas will remain ineligible to use the certifications because of its non-cooperation with the anti-circumvention inquiries, Commerce said.
Commerce said that for imports of R-410A and R-410B from Turkey and the subject blends on or after July 7, 2023, certifications should already be on file, and if they're not (because the importer filed the entry as Type 01), importers should file post-summary corrections. Certifications are due Aug. 25 for imports of R-410A from Turkey newly subject to suspension of liquidation and cash deposit requirements (i.e., entered Nov. 4, 2021, through July 6, 2023).