[Federal Register Volume 84, Number 158 (Thursday, August 15, 2019)]
[Notices]
[Pages 41703-41705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17312]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-086; A-549-839]


Steel Propane Cylinders From the People's Republic of China and 
Thailand: Amended Final Determination of Sales at Less Than Fair Value 
and Antidumping Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC), we 
are issuing antidumping duty orders on steel propane cylinders from the 
People's Republic of China (China) and Thailand. Additionally, we are 
amending our final affirmative determination of sales at less than fair 
value (LTFV) for steel propane cylinders from China as a result of 
ministerial errors.

DATES: Applicable August 15, 2019.

FOR FURTHER INFORMATION CONTACT: Laura Griffith or Cindy Robinson, AD/
CVD Operations, Office III, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-6430 or (202) 
482-3797, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    In accordance with sections 735(a), 735(d), and 777(i)(1) of the 
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(c), 
Commerce published its affirmative final determinations in the LTFV 
investigations of steel propane cylinders from China and Thailand on 
June 21, 2019.\1\ On August 5, 2019, the ITC notified Commerce of its 
final affirmative determinations that an industry in the United States 
is materially injured within the meaning of section 735(b)(1)(A)(i) of 
the Act by reason of the LTFV imports of steel propane cylinders from 
China and Thailand.\2\
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    \1\ See Steel Propane Cylinders from the People's Republic of 
China: Final Determination of Sales at Less Than Fair Value, 84 FR 
29161 (June 21, 2019) (China Final Determination); see also Steel 
Propane Cylinders from Thailand: Final Determination of Sales at 
Less Than Fair Value, 84 FR 29168 (June 21, 2019).
    \2\ See ITC Letter, dated August 5, 2019 (ITC Letter).
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Scope of the Orders

    The merchandise covered by these orders is steel propane cylinders 
from China and Thailand. For a complete discussion of the scope of 
these orders, see the appendix to this notice.

Amendment to the China Final Determination

    A ministerial error is defined as an error in addition, 
subtraction, or other arithmetic function, clerical error resulting 
from inaccurate copying, duplication, or the like, and any other 
similar type of unintentional error which the Secretary considers 
ministerial.\3\
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    \3\ See section 735(e) of the Act; and 19 CFR 351.224(f).
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    Pursuant to sections 735(e) of the Act and 19 CFR 351.224(e) and 
(f), Commerce is amending the China Final Determination to reflect the 
correction of one ministerial error in the final estimated weighted-
average dumping margin calculated for Hong Kong GSBF Company Limited 
(GSBF). In addition, because GSBF's estimated weighted-average dumping 
margin contributes to the basis for the estimated weighted-average 
dumping margin determined for the non-examined separate-rate 
respondent, Jiaxing Pressure Vessel Factory (Jiaxing Pressure Vessel), 
we also are revising the weighted-average dumping margin for Jiaxing 
Pressure Vessel.\4\ The amended estimated

[[Page 41704]]

weighted-average dumping margins are listed in the Suspension of 
Liquidation section below.
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    \4\ See Memorandum, ``Less-Than-Fair-Value Investigation of 
Steel Propane Cylinders from The People's Republic of China: 
Allegation of Ministerial Errors in the Final Determination,'' dated 
July 22, 2019 (Final Ministerial Error Memorandum) at 4.
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    Additionally, for the China Final Determination, we incorrectly 
made an offset, pursuant to section 777A(f) of the Act, to the 
respondents' cash deposit rates for policy loans to the steel propane 
cylinders industry found to be countervailable in the companion 
countervailing duty investigation. Therefore, Commerce is amending the 
China Final Determination to exclude policy loans from the 
determination of the double remedy offset in the calculation of cash 
deposit rates.\5\ Because GSBF's and Jiaxing Pressure Vessel's margins 
have changed, and because we have revised the double remedy offset, the 
cash deposit rates for all companies have changed.\6\
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    \5\ See Final Ministerial Error Memorandum at 4.
    \6\ Id.
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Antidumping Duty Orders

    On August 5, 2019, in accordance with sections 735(b)(1)(A)(i) and 
735(d) of the Act, the ITC notified Commerce of its final 
determinations that an industry in the United States is materially 
injured by reason of imports of steel propane cylinders from China and 
Thailand.\7\ Therefore, in accordance with sections 735(c)(2) and 736 
of the Act, we are issuing these antidumping duty orders. Because the 
ITC determined that imports of steel propane cylinders from China and 
Thailand are materially injuring a U.S. industry, unliquidated entries 
of such merchandise from China or Thailand, entered or withdrawn from 
warehouse for consumption, are subject to the assessment of antidumping 
duties.
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    \7\ See ITC Letter.
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    As a result of the ITC's final affirmative determinations, in 
accordance with section 736(a)(1) of the Act, Commerce will direct U.S. 
Customs and Border Protection (CBP) to assess, upon further instruction 
by Commerce, antidumping duties equal to the amount by which the normal 
value of the merchandise exceeds the export price or constructed export 
price of the merchandise, for all relevant entries of steel propane 
cylinders from China and Thailand. In the case of entries from China, 
the antidumping duties will be adjusted for export subsidies found in 
the final determination of the companion countervailing duty 
investigation. Antidumping duties will be assessed on unliquidated 
entries of steel propane cylinders from China and Thailand entered, or 
withdrawn from warehouse, for consumption on or after December 27, 
2018, the date of publication of the Preliminary Determinations,\8\ but 
will not include entries occurring after the expiration of the 
provisional measures period and before publication in the Federal 
Register of the ITC's injury determination, as further described below.
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    \8\ See Steel Propane Cylinders from the People's Republic of 
China: Preliminary Affirmative Determination of Sales at Less Than 
Fair Value and Postponement of Final Determination Measures, 83 FR 
66675 (December 27, 2018); see also Steel Propane Cylinders from 
Thailand: Preliminary Affirmative Determination of Sales at Less 
Than Fair Value and Postponement of Final Determination, 84 FR 66678 
(December 27, 2018) (collectively, Preliminary Determinations).
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Suspension of Liquidation

    In accordance with section 736 of the Act, Commerce will instruct 
CBP to reinstitute the suspension of liquidation of subject merchandise 
(i.e., steel propane cylinders from China and Thailand) effective on 
the date of publication of the ITC final determination in the Federal 
Register. Commerce will also instruct CBP to assess, upon further 
instruction by Commerce pursuant to section 736(a)(1) of the Act, 
antidumping duties for each entry of the subject merchandise equal to 
the amount by which the normal value of the merchandise exceeds the 
export price or constructed export price of the merchandise, adjusted 
by the amount of export subsidies, where appropriate. We intend to 
instruct CBP to require, at the same time as importers would normally 
deposit estimated import duties on this merchandise, cash deposits for 
each entry of subject merchandise equal to the rates noted below. These 
instructions suspending liquidation will remain in effect until further 
notice. The China-wide and all-others rates apply to all other 
producers or exporters not specifically listed.

Estimated Weighted-Average Dumping Margins

    The estimated weighted-average dumping margins are as follows:

                                                      China
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                                                                                                   Cash deposit
                                                                                     Weighted-     adjusted for
                   Producer                                 Exporter              average margin  subsidy offset
                                                                                     (percent)       (percent)
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GSBF Tank Inc.................................  Hong Kong GSBF Company Limited..           43.65           11.88
Shandong Huanri Group Co. Ltd.................  Shandong Huanri Group Co. Ltd...           25.52            0.00
Jiaxing Pressure Vessel Factory...............  Jiaxing Pressure Vessel Factory.           26.68            0.00
China-Wide Entity.............................  ................................          108.60           76.83
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                                Thailand
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                                                             Weighted-
                    Producer/exporter                     average margin
                                                             (percent)
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Sahamitr Pressure Container Public Company Limited......           10.77
All Others..............................................           10.77
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Provisional Measures

    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than six months. Commerce published its affirmative 
Preliminary Determinations on December 27, 2018. Therefore, the six-
month period beginning on the date of publication of the Preliminary 
Determinations ended on June 25, 2019. Accordingly, pursuant to section 
733(d) of the Act, Commerce instructed CBP to terminate the suspension 
of liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of steel propane cylinders from China and Thailand 
entered, or withdrawn from warehouse, for consumption after June 25, 
2019, the date on which the provisional measures expired, through the 
day preceding the date of publication of the ITC's final affirmative 
injury determinations in the Federal Register. Suspension of 
liquidation will resume on the date of publication of the ITC's final 
affirmative injury determinations in the Federal Register.

Notification to Interested Parties

    This notice constitutes the antidumping duty orders with respect to

[[Page 41705]]

steel propane cylinders from China and Thailand pursuant to section 
736(a) of the Act. Interested parties can find a list of antidumping 
duty orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
    These orders are published in accordance with section 736(a) of the 
Act and 19 CFR 351.211(b).

    Dated: August 7, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Orders

    The merchandise covered by these orders is steel cylinders for 
compressed or liquefied propane or other gases (steel propane 
cylinders) meeting the requirements of, or produced to meet the 
requirements of, U.S. Department of Transportation (USDOT) 
Specifications 4B, 4BA, or 4BW, or Transport Canada Specification 
4BM, 4BAM, or 4BWM, or United Nations pressure receptacle standard 
ISO 4706 and otherwise meeting the description provided below. The 
scope includes steel propane cylinders regardless of whether they 
have been certified to these specifications before importation. 
Steel propane cylinders range from 2.5 pound nominal gas capacity 
(approximate 6 pound water capacity and approximate 4-6 pound tare 
weight) to 42 pound nominal gas capacity (approximate 100 pound 
water capacity and approximate 28-32 pound tare weight). Steel 
propane cylinders have two or fewer ports and may be imported 
assembled or unassembled (i.e., welded or brazed before or after 
importation), with or without all components (including collars, 
valves, gauges, tanks, foot rings, and overfill prevention devices), 
and coated or uncoated. Also included within the scope are drawn 
cylinder halves, unfinished propane cylinders, collars, and foot 
rings for steel propane cylinders.
    An ``unfinished'' or ``unassembled'' propane cylinder includes 
drawn cylinder halves that have not been welded into a cylinder, 
cylinders that have not had flanges welded into the port hole(s), 
cylinders that are otherwise complete but have not had collars or 
foot rings welded to them, otherwise complete cylinders without a 
valve assembly attached, and cylinders that are otherwise complete 
except for testing, certification, and/or marking.
    These orders also cover steel propane cylinders that meet, are 
produced to meet, or are certified as meeting, other U.S. or 
Canadian government, international, or industry standards 
(including, for example, American Society of Mechanical Engineers 
(ASME), or American National Standard Institute (ANSI)), if they 
also meet, are produced to meet, or are certified as meeting USDOT 
Specification 4B, 4BA, or 4BW, or Transport Canada Specification 
4BM, 4BAM, or 4BWM, or a United Nations pressure receptacle standard 
ISO 4706.
    Subject merchandise also includes steel propane cylinders that 
have been further processed in a third country, including but not 
limited to, attachment of collars, foot rings, or handles by welding 
or brazing, heat treatment, painting, testing, certification, or any 
other processing that would not otherwise remove the merchandise 
from the scope of these orders if performed in the country of 
manufacture of the in-scope steel propane cylinders.
    Specifically excluded are seamless steel propane cylinders and 
propane cylinders made from stainless steel (i.e., steel containing 
at least 10.5 percent chromium by weight and less than 1.2 percent 
carbon by weight), aluminum, or composite fiber material. Composite 
fiber material is material consisting of the mechanical combination 
of two components: Fiber (typically glass, carbon, or aramid 
(synthetic polymer)) and a matrix material (typically polymer resin, 
ceramic, or metallic).
    The merchandise subject to these orders is properly classified 
under statistical reporting numbers 7311.00.0060 and 7311.00.0090 of 
the Harmonized Tariff Schedule of the United States (HTSUS). 
Although the HTSUS statistical reporting numbers are provided for 
convenience and customs purposes, the written description of the 
merchandise is dispositive.
[FR Doc. 2019-17312 Filed 8-14-19; 8:45 am]
 BILLING CODE 3510-DS-P