Commerce Hits Malaysian HFC Blends With AD Retroactive to 2021
The Commerce Department is imposing even earlier retroactive antidumping and countervailing duties on imports of two hydrofluorocarbon blends from Malaysia when made with Chinese components. In a final determination of circumvention, the agency said it will suspend liquidation and require cash deposits for covered entries on or after Nov. 4, 2021.
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That’s nearly two years earlier than the July 2023 effective date Commerce set in its preliminary determination (see 2312110035), and is the earliest possible date that Commerce may order retroactive duties in an anti-circumvention inquiry under regulatory changes it issued in 2021 (see 2109160062).
In its final determination, Commerce continued to find all imports “country-wide” of R-410A and R-407C that are completed in Malaysia using Chinese origin hydrofluorocarbon components are circumventing the AD order on hydrofluorocarbon blends from China (A-570-028).
Imports of R-410A and R-407C from Malaysia that are not made from Chinese components are not covered by the anti-circumvention inquiry, and will not be subject to AD. However, Commerce didn’t set up a certification process for importers to demonstrate that their Malaysian hydrofluorocarbon blends aren’t made with Chinese components.