U.S. Department of Commerce Announces Final Circumvention Decision on Imports of Hydrofluorocarbon Blends from China
FOR IMMEDIATE RELEASE
May 29, 2020
Contact: Office of Public Affairs
WASHINGTON – Today, the U.S. Department of Commerce announced its affirmative final antidumping duty (AD) circumvention determination involving imports of unpatented R-421A hydrofluorocarbon (HFC) blends from China that are further processed in the United States. Commerce found these products are circumventing the existing AD order on imports of HFC blends (R–404A, R-407A, R–407C, R–410A, and R–507A) from China.
As a result of this affirmative final circumvention determination, Commerce will instruct U.S. Customs and Border Protection to continue to collect AD cash deposits on imports of unpatented R-421A blends that are further processed into covered HFC blends. These duties apply to any unliquidated entries since June 18, 2019 (the date on which Commerce initiated this circumvention inquiry). The applicable cash deposit rates will be as high as 285.73 percent, depending on the exporter.
U.S. law provides that Commerce may find circumvention of AD or countervailing duty (CVD) orders when imported parts or components are used in the completion or assembly of the merchandise in the United States that is the same class or kind as merchandise subject to existing AD/CVD orders.
This inquiry was conducted pursuant to a request from U.S. domestic producers of HFC Blends: American HFC Coalition, whose members are Arkema, Inc. (King of Prussia, Pa.), The Chemours Company (Wilmington, Del.), Honeywell International, Inc. (Charlotte, N.C.), and Mexichem Fluor, Inc. (Saint Gabriel, La.).
The strict enforcement of U.S. trade law is a primary focus of the Trump administration. To date, the Trump administration has issued 49 preliminary or final affirmative determinations in anti-circumvention inquiries – this is a 206 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 rules and does so through an impartial, transparent process that abides by international rules and is based on factual evidence provided on the record.