U.S. Department of Commerce Announces Affirmative Preliminary Circumvention Ruling on Imports of Hydrofluorocarbon Blends from China
For Immediate Release
February 26, 2020
Contact: Office of Public Affairs
WASHINGTON – Today, the U.S. Department of Commerce announced an affirmative preliminary antidumping duty (AD) circumvention ruling involving imports of unpatented R-421A hydrofluorocarbon (HFC) blends from China that are further processed in the United States, and are circumventing the existing AD order on imports of HFC blends (R–404A, R-407A, R–407C, R–410A, and R–507A) from China.
Accordingly, Commerce will instruct U.S. Customs and Border Protection (CBP) to collect AD cash deposits on imports of unpatented R-421A from China.
The applicable cash deposit rate will be equal to the rates previously established and in effect at the time of entry. Suspension will apply to any future imports and unliquidated entries since June 18, 2019 (the date which Commerce initiated this circumvention inquiry).
This inquiry was initiated in response to a scope inquiry from the patent holder of R-421A (Choice Refrigerants), an Enforce and Protect Act referral from CBP, and allegations of circumvention from the American HFC Coalition, a petitioner for the original investigation.
U.S. law provides that Commerce may find circumvention of AD or countervailing duty orders when merchandise subject to an existing order is completed or assembled in the United States from parts and components imported from the country subject to the order.
The strict enforcement of U.S. trade law is a primary focus of the Trump administration. To date, the Trump administration has issued 42 preliminary or final affirmative determinations in anti-circumvention inquiries – this is a 200 percent increase from the number of such determinations made during the comparable period in the previous administration.
The U.S. Department of Commerce’s Enforcement and Compliance unit within the International Trade Administration is responsible for vigorously enforcing U.S. trade law and does so through an impartial, transparent process that abides by international rules and is based on factual evidence provided on the record.