U.S. Department of Commerce Issues Final Ruling in Anti-Circumvention Inquiry Regarding Hydrofluorocarbon Blends from China
For Immediate Release
September 28, 2020
Contact: Office of Public Affairs
Washington – Today, the U.S. Department of Commerce announced the final determination in the anti-circumvention inquiry involving imports of hydrofluorocarbon (HFC) blends containing HFC components from China (R-404A, R-407A, R-407C, R-410A, R-507A/R-507) that are processed in India. Commerce determined that Chinese components that are blended with Indian components and/or components from other countries, and then exported to the United States, are circumventing the existing antidumping duty (AD) order on imports of HFC blends 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 HFC blends containing HFC components from China that are processed in India. These duties apply to any unliquidated entries since June 18, 2019 (the date on which Commerce initiated this circumvention inquiry).
Under U.S. law, circumvention exists when (among other things) merchandise subject to an AD or countervailing duty order is completed or assembled in a third country from parts and components imported from the country subject to the order prior to importation into the United States.
This inquiry was initiated in response to allegations of circumvention from the American HFC Coalition.
The strict enforcement of U.S. trade law is a primary focus of the Trump Administration. To date, the Trump Administration has issued 55 preliminary or final affirmative determinations in anti-circumvention inquiries – this is a 162 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.