[Federal Register Volume 84, Number 158 (Thursday, August 15, 2019)]
[Notices]
[Pages 41700-41701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17313]


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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
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  Federal Register / Vol. 84, No. 158 / Thursday, August 15, 2019 / 
Notices  

[[Page 41700]]



DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-087]


Steel Propane Cylinders From the People's Republic of China: 
Countervailing Duty Order

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), 
Commerce is issuing a countervailing duty order on steel propane 
cylinders from the People's Republic of China (China).

DATES: Applicable August 15, 2019.

FOR FURTHER INFORMATION CONTACT: Samuel Brummitt, 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) 482-7851.

SUPPLEMENTARY INFORMATION: 

Background

    In accordance with sections 705(a), 705(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 determination in the 
countervailing duty investigation of steel propane cylinders from China 
on June 21, 2019.\1\ On August 5, 2019, the ITC notified Commerce of 
its final affirmative determination that an industry in the United 
States is materially injured within the meaning of section 
705(b)(1)(A)(i) of the Act, by reason of subsidized imports of steel 
propane cylinders from China.\2\
---------------------------------------------------------------------------

    \1\ See Steel Propane Cylinders from the People's Republic of 
China: Final Affirmative Countervailing Duty Determination, 84 FR 
29159 (June 21, 2019).
    \2\ See ITC Letter, dated August 5, 2019 (ITC Letter).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by this order is steel propane cylinders 
from China. For a complete description of the scope of this order, see 
the appendix to this notice.

Countervailing Duty Order

    On August 5, 2019, in accordance with sections 705(b)(1)(A)(i) and 
705(d) of the Act, the ITC notified Commerce of its final determination 
that an industry in the United States is materially injured by reason 
of imports of steel propane cylinders from China.\3\ Therefore, in 
accordance with sections 705(c)(2) and 706 of the Act, we are issuing 
this countervailing duty order. Because the ITC determined that imports 
of steel propane cylinders from China are materially injuring a U.S. 
industry, unliquidated entries of such merchandise from China, entered 
or withdrawn from warehouse for consumption, are subject to the 
assessment of countervailing duties.
---------------------------------------------------------------------------

    \3\ See ITC Letter.
---------------------------------------------------------------------------

    As a result of the ITC's final affirmative determination, in 
accordance with section 706(a) of the Act, Commerce will direct U.S. 
Customs and Border Protection (CBP) to assess, upon further instruction 
by Commerce, countervailing duties on unliquidated entries of steel 
propane cylinders from China entered, or withdrawn from warehouse, for 
consumption on or after October 26, 2018, the date of publication of 
the Preliminary Determination,\4\ 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 final injury 
determination, as further described below.
---------------------------------------------------------------------------

    \4\ See Steel Propane Cylinders from the People's Republic of 
China: Preliminary Affirmative Countervailing Duty Determination and 
Alignment of Final Determination with Final Antidumping Duty 
Determination, 83 FR 54086 (October 26, 2018) (Preliminary 
Determination).
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Suspension of Liquidation

    In accordance with section 706 of the Act, Commerce will instruct 
CBP to reinstitute the suspension of liquidation of subject merchandise 
(i.e., steel propane cylinders from China), effective on the date of 
publication of the ITC's final determination in the Federal Register, 
and to assess, upon further instruction by Commerce pursuant to 
706(a)(1) of the Act, countervailing duties for each entry of the 
subject merchandise in an amount based on the net countervailable 
subsidy rates for the subject merchandise. We intend to instruct CBP to 
require, at the same time as importers would normally deposit estimated 
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 
all-others rate applies to all producers or exporters not specifically 
listed.

Estimated Subsidy Rates

    The estimated subsidy rates for the countervailing duty order are 
as follows:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
Guangzhou Lion Cylinders Co. Ltd........................          142.37
Hubei Daly LPG Cylinder Manufacturer Co. Ltd............          142.37
Shandong Huanri Group Co. Ltd...........................           37.91
Taishan Machinery Factory Ltd...........................          142.37
TPA Metals and Machinery (SZ) Co. Ltd...................          142.37
Wuyi Xilinde Machinery Manufacture Co., Ltd.............          142.37
Zhejiang Jucheng Steel Cylinder Co., Ltd................          142.37
All Others..............................................           37.91
------------------------------------------------------------------------

Provisional Measures

    Section 703(d) of the Act states that the suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect for more than four months. Commerce published the affirmative 
Preliminary Determination on October 26, 2018. Therefore, the four-
month period beginning on the date of the publication of the 
Preliminary Determination ended on February 22, 2019.
    Therefore, in accordance with section 703(d) of the Act, Commerce 
instructed CBP to terminate the suspension of liquidation and to 
liquidate, without regard to countervailing duties, unliquidated 
entries of steel propane cylinders from China entered, or withdrawn 
from warehouse, for consumption on or after February 23, 2019, the date 
on which provisional measures expired, through the day preceding the 
date of publication of the

[[Page 41701]]

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.

Notifications to Interested Parties

    This notice constitutes the countervailing duty order with respect 
to steel propane cylinders from China pursuant to section 706(a) of the 
Act. Interested parties can find a list of countervailing duty orders 
currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
    This order is published in accordance with section 706(a) of the 
Act and 19 CFR 351.211(b).

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

Appendix

Scope of the Order

    The products subject to this order are 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.
    This order also covers 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 the order 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 this order 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. 2019-17313 Filed 8-14-19; 8:45 am]
 BILLING CODE 3510-DS-P