[Federal Register Volume 85, Number 78 (Wednesday, April 22, 2020)]
[Notices]
[Pages 22402-22407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08539]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-126]
Certain Non-Refillable Steel Cylinders From the People's Republic
of China: Initiation of Less-Than-Fair-Value Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable April 16, 2020.
FOR FURTHER INFORMATION CONTACT: Kate Sliney or Peter Zukowski, 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) 482-2437 or (202) 482-0189,
respectively.
SUPPLEMENTARY INFORMATION:
The Petition
On March 27, 2020, the U.S. Department of Commerce (Commerce)
received an antidumping duty (AD) petition concerning imports of
certain non-refillable steel cylinders (non-refillable cylinders) from
the People's Republic of China (China), filed in proper form on behalf
of Worthington Industries (the petitioner).\1\ The Petition was
accompanied by a countervailing duty (CVD) petition concerning imports
of non-refillable cylinders from China.
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\1\ See Petitioner's Letter, ``Petition for the Imposition of
Antidumping and Countervailing Duties on Certain Non-Refillable
Steel Cylinders from the People's Republic of China,'' dated March
27, 2020 (the Petition).
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On March 31, 2020, Commerce requested supplemental information
pertaining to certain aspects of the Petition,\2\ to which the
petitioner filed its response on April 3, 2020.\3\ On April 7, 2020,
Commerce held a phone call with the petitioner concerning the scope of
the investigations.\4\
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\2\ See Commerce's Letter, ``Petition for the Imposition of
Antidumping Duties on imports of Certain Non-Refillable Steel
Cylinders from the People's Republic of China: Supplemental
Questions Concerning Volume II,'' dated March 31, 2020; see also
Commerce's Letter, ``Petitions for the Imposition of Antidumping and
Countervailing Duties on Imports of Non-Refillable Steel Cylinders
from the People's Republic of China: Supplemental Questions,'' dated
March 31, 2020 (Supplemental General Issues Questionnaire).
\3\ See Petitioner's Letter, ``Certain Non-Refillable Steel
Cylinders from the People's Republic of China: Petitioner's
Amendment to Volume II Relating to the People's Republic of China
Antidumping Duties,'' dated April 3, 2020 (AD Supplement); see also
Petitioner's Letter, ``Certain Non-Refillable Steel Cylinders from
the People's Republic of China: Petitioner's Amendment to Volume I
Relating to General and Injury Information,'' dated April 3, 2020,''
dated January 22, 2020 (General Issues Supplement).
\4\ See Memorandum, ``Certain Non-Refillable Steel Cylinders
from the People's Republic of China--Petitions for the Imposition of
Antidumping and Countervailing Duties: Phone Call Regarding Scope of
the Petitions,'' dated April 10, 2020 (Scope Phone Call Memo).
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In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that imports of non-
refillable cylinders from China are being, or are likely to be, sold in
the United States at less than fair value (LTFV) within the meaning of
section 731 of the Act, and that such imports are materially injuring,
or threatening material injury to, the domestic industry producing non-
refillable cylinders in the United States. Consistent with section
732(b)(1) of the Act, the Petition is accompanied by information
reasonably available to the petitioner supporting its allegations.
Commerce finds that the petitioner filed the Petition on behalf of
the domestic industry because the petitioner is an interested party as
defined in section 771(9)(C) of the Act. Commerce also finds that the
petitioner demonstrated sufficient industry support with respect to the
initiation of the requested AD investigation.\5\
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\5\ See ``Determination of Industry Support for the Petition''
section, infra.
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Period of Investigation
Because China is a non-market economy (NME) country, pursuant to 19
CFR 351.204(b)(1), and because the Petition was filed on March 27,
2020, the period of investigation (POI) is July 1, 2019 through
December 31, 2019.
[[Page 22403]]
Scope of the Investigation
The merchandise covered by this investigation is non-refillable
cylinders from China. For a full description of the scope of this
investigation, see the appendix to this notice.
Comments on Scope of the Investigation
During our review of the Petition, Commerce issued questions to,
and received responses from, the petitioner pertaining to the proposed
scope to ensure that the scope language in the Petition would be an
accurate reflection of the products for which the domestic industry is
seeking relief.\6\ Specifically, the petitioner's proposed scope
included both unfilled/empty and filled cylinders. Filled cylinders are
properly classified under the Harmonized Tariff Schedule of the United
States (HTSUS) subheading for the contents of the cylinder, not the
HTSUS subheading for the cylinder itself. This could create challenges
related to administrability because: (1) There are many substances
these cylinders can contain; (2) the cylinders could be filled in a
third country before being exported to the United States, thereby
complicating the identification of the country of origin for these
cylinders; and (3) it could be difficult, without time-consuming
physical examination, to determine whether filled cylinders are subject
to duties. In addition, there are legal issues surrounding the
inclusion of imports of filled cylinders given that such cylinders are
non-refillable. For these reasons, Commerce is removing the following
substantive provisions which were in the scope the petitioner provided:
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\6\ See Supplemental General Issues Questionnaire and General
Issues Supplement; see also Scope Phone Call Memo.
. . . may be filled or . . .
Also excluded from the scope of this investigation are non-
refillable steel cylinders filled at the time of importation whose
content is subject to another antidumping and/or countervailing duty
order. At the time of filing this petition, there are existing
antidumping duty orders on Hydrofluorocarbon Blends from the
People's Republic of China and 1,1,1,2-Tetrafluoroethane (R-134A)
from the People's Republic of China. See Hydrofluorocarbon Blends
from the People's Republic of China: Antidumping Duty Order, 81 FR
55436 (August 19, 2016); 1,1,1,2 Tetrafluoroethane (R-134a) from the
People's Republic of China: Antidumping Duty Order, 82 FR 18422
(April 19, 2017). In the case of non-refillable steel cylinders
entering the United States filled with merchandise covered by the
scope of these investigations or future antidumping and/or
countervailing duty orders covering the gas or material content of
the non-refillable steel cylinders, such other orders control. In
the case of non-refillable steel cylinders entering the United
States filled with merchandise not covered by the scope of any other
antidumping and/or countervailing duty order, the scope of this
investigation controls.
Commerce has not adopted these provisions for purposes of
initiation. We are interested, however, in further comment on this
issue from parties to this proceeding.\7\ Consequently, Commerce is
initiating this investigation with respect to unfilled non-refillable
cylinders only, subject to further clarification, as warranted.
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\7\ Commerce is responsible for clarifying, where necessary, the
scope of an order. See Diversified Products Corp. v. United States,
572 F. Supp. 883, 887 (CIT 1983).
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As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\8\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determination. If scope comments include factual information,\9\ all
such factual information should be limited to public information. To
facilitate preparation of its questionnaires, Commerce requests that
all interested parties submit scope comments by 5:00 p.m. Eastern Time
(ET) on May 6, 2020, which is 20 calendar days from the signature date
of this notice. Any rebuttal comments, which may include factual
information, must be filed by 5:00 p.m. ET on May 18, 2020, which is 10
calendar days from the initial comment deadline.\10\
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\8\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997) (Preamble).
\9\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\10\ See 19 CFR 351.303(b).
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Commerce requests that any factual information the parties consider
relevant to the scope of the investigation be submitted during this
time period. However, if a party subsequently finds that additional
factual information pertaining to the scope of the investigation may be
relevant, the party may contact Commerce and request permission to
submit the additional information. All such comments must also be filed
on the record of the concurrent CVD investigation.
Filing Requirements
All submissions to Commerce must be filed electronically using
Enforcement and Compliance's (E&C's) Antidumping Duty and
Countervailing Duty Centralized Electronic Service System (ACCESS),
unless an exception applies.\11\ An electronically filed document must
be received successfully in its entirety by the time and date it is
due.
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\11\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at https://access.trade.gov/help.aspx and a handbook
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
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Comments on Product Characteristics for AD Questionnaires
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of non-refillable cylinders
to be reported in response to Commerce's AD questionnaire. This
information will be used to identify the key physical characteristics
of the subject merchandise in order to report the relevant factors of
production (FOPs) accurately, as well as to develop appropriate
product-comparison criteria.
Interested parties may provide any information or comments that
they believe are relevant to the development of an accurate list of
physical characteristics. In order to consider the suggestions of
interested parties in developing and issuing the AD questionnaire, all
comments must be filed by 5:00 p.m. ET on May 6, 2020, which is 20
calendar days from the signature date of this notice. Any rebuttal
comments, which may include factual information, must be filed by 5:00
p.m. ET on May 18, 2020, which is 10 calendar days from the initial
comment deadline.\12\ All comments and submissions to Commerce must be
filed electronically using ACCESS, as explained above, on the record of
this AD investigation.
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\12\ See 19 CFR 351.303(b).
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Determination of Industry Support for the Petition
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D)
[[Page 22404]]
of the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
Poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\13\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\14\
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\13\ See section 771(10) of the Act.
\14\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F. 2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigation.\15\ Based on our analysis of the information
submitted on the record, we have determined that non-refillable
cylinders, as defined in the scope, constitute a single domestic like
product, and we have analyzed industry support in terms of that
domestic like product.\16\
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\15\ See Volume I of the Petition at 12-15; see also General
Issues Supplement at 8.
\16\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Antidumping Duty Investigation Initiation Checklist: Certain Non-
Refillable Steel Cylinders from the People's Republic of China (AD
Initiation Checklist) at Attachment II, Analysis of Industry Support
for the Antidumping and Countervailing Duty Petitions Covering
Certain Non-Refillable Steel Cylinders from the People's Republic of
China (Attachment II), dated concurrently with this notice and on
file electronically via ACCESS.
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In determining whether the petitioner has standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' in the appendix to
this notice. To establish industry support, the petitioner provided its
own production of the domestic like product in 2019.\17\ The petitioner
states that there are no other known producers of non-refillable
cylinders in the United States; therefore, the Petition is supported by
100 percent of the U.S. industry.\18\ We relied on data provided by the
petitioner for purposes of measuring industry support.\19\
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\17\ See Volume I of the Petition at 2-3 and Exhibit GEN-2.
\18\ Id.
\19\ Id.
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Our review of the data provided in the Petition, the General Issues
Supplement, and other information readily available to Commerce
indicates that the petitioner has established industry support for the
Petition.\20\ First, the Petition established support from domestic
producers (or workers) accounting for more than 50 percent of the total
production of the domestic like product and, as such, Commerce is not
required to take further action in order to evaluate industry support
(e.g., polling).\21\ Second, the domestic producers (or workers) have
met the statutory criteria for industry support under section
732(c)(4)(A)(i) of the Act because the domestic producers (or workers)
who support the Petition account for at least 25 percent of the total
production of the domestic like product.\22\ Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 732(c)(4)(A)(ii) of the Act because the domestic
producers (or workers) who support the Petition account for more than
50 percent of the production of the domestic like product produced by
that portion of the industry expressing support for, or opposition to,
the Petition.\23\ Accordingly, Commerce determines that the Petition
was filed on behalf of the domestic industry within the meaning of
section 732(b)(1) of the Act.\24\
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\20\ See AD Initiation Checklist at Attachment II.
\21\ See section 732(c)(4)(D) of the Act; see also AD Initiation
Checklist at Attachment II.
\22\ See AD Initiation Checklist at Attachment II.
\23\ Id.
\24\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioner alleges that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioner alleges that
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\25\
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\25\ See Volume I of the Petition, at 16-17.
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The petitioner contends that the industry's injured condition is
illustrated by a significant and increasing volume of subject imports;
reduced market share; underselling and price depression or suppression;
lost sales and revenues; decreased U.S. production and capacity
utilization rates; and a decline in the domestic industry's financial
performance and profitability.\26\ We have assessed the allegations and
supporting evidence regarding material injury, threat of material
injury, causation, as well as negligibility, and we have determined
that these allegations are properly supported by adequate evidence, and
meet the statutory requirements for initiation.\27\
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\26\ See Volume I of the Petition, at 17-26 and Exhibits GEN-8
and GEN-10 through GEN-13; see also GEN-SUPP-3 and GEN-SUPP-5.
\27\ See AD Initiation Checklist, at Attachment III, Analysis of
Allegations and Evidence of Material Injury and Causation for the
Antidumping and Countervailing Duty Petitions Covering Non-
Refillable Steel Cylinders from the People's Republic of China
(Attachment III).
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Allegations of Sales at Less Than Fair Value
The following is a description of the allegation of sales at LTFV
upon which Commerce based its decision to initiate an AD investigation
of non-refillable cylinders from China. The sources of data for the
deductions and adjustments relating to U.S. price and normal value (NV)
are discussed in greater detail in the AD Initiation Checklist.
Export Price
The petitioner based export price (EP) on sales offers to customers
in the United States for the sale of non-refillable cylinders produced
in and exported from China.\28\ In order to
[[Page 22405]]
calculate ex-factory U.S. prices, where appropriate, the petitioner
made deductions from U.S. prices for foreign inland freight, foreign
brokerage and handling, international freight and insurance, U.S. entry
fees, U.S. brokerage and handling, U.S. inland freight, and unrebated
value added tax expenses.\29\
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\28\ See Volume II of the Petition at 3 and Exhibit AD-1; see
also AD Supplement at Exhibit AD-SUPP-8.
\29\ See Volume II of the Petition at 3-4 and Exhibit AD-1; see
also AD Supplement at Exhibit AD- SUPP-8.
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Normal Value
Commerce considers China to be an NME country.\30\ In accordance
with section 771(18)(C)(i) of the Act, any determination that a foreign
country is an NME country shall remain in effect until revoked by
Commerce. Therefore, we continue to treat China as an NME country for
purposes of the initiation of this investigation. Accordingly, NV in
China is appropriately based on FOPs valued in a surrogate market
economy country, in accordance with section 773(c) of the Act.\31\
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\30\ See Antidumping Duty Investigation of Certain Aluminum Foil
from the People's Republic of China: Affirmative Preliminary
Determination of Sales at Less-Than-Fair Value and Postponement of
Final Determination, 82 FR 50858, 50861 (November 2, 2017), and
accompanying Preliminary Decision Memorandum at ``China's Status as
a Non-Market Economy,'' unchanged in Certain Aluminum Foil from the
People's Republic of China: Final Determination of Sales at Less
Than Fair Value, 83 FR 9282 (March 5, 2018).
\31\ See AD Initiation Checklist.
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The petitioner claims that Mexico is an appropriate surrogate
country for China, because it is a market economy country that is at a
level of economic development comparable to that of China and it is a
significant producer of comparable merchandise.\32\ The petitioner
valued direct material inputs, packing materials, natural gas, and
argon by using data from the Global Trade Atlas; data from the National
Water Commission of Mexico to value water usage; the electricity rate
for businesses in Mexico, as reported by the World Bank's Doing
Business 2020: Mexico; and data from the National Institute of
Statistics, Geography, and Informatics Labor Organization, an agency of
the Mexican government, to value labor.\33\ Based on the information
provided by the petitioner, we determine that it is appropriate to use
Mexico as a surrogate country for purposes of initiation.\34\
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\32\ See Volume II of the Petition at 4-7 and Exhibit AD-3.
\33\ Id.; see also AD Supplement at Exhibit AD-SUPP-8.
\34\ See AD Initiation Checklist.
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Interested parties will have the opportunity to submit comments
regarding surrogate country selection and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an opportunity to submit publicly
available information to value FOPs, within 30 days before the
scheduled date of the preliminary determination.
Factors of Production
Because information regarding the volume of inputs consumed by
Chinese producers/exporters were not reasonably available, the
petitioner relied on its own experience to estimate the factor usage
rates for Chinese producers.\35\ The petitioner valued the estimated
FOPs using surrogate values from Mexico.\36\ The petitioner calculated
factory overhead, selling, general and administrative expenses, and
profit based on the experience of a Mexican producer of comparable
merchandise (i.e., a producer of auto parts, construction equipment,
and home products).\37\
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\35\ See Volume II of the Petition at 6.
\36\ Id. at 6-7 and Exhibit AD-3.
\37\ See Volume II of the Petition at 7 Exhibit AD-3 Attachment
9; see also AD Supplement at 5-7 and Exhibits AD-SUPP-5 to AD-SUPP-
8.
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Fair Value Comparisons
Based on the data provided in the Petition, there is reason to
believe that imports of non-refillable cylinders from China are being,
or are likely to be, sold in the United States at LTFV. Based on
comparisons of EP to NV, in accordance with sections 772 and 773 of the
Act, the estimated dumping margin for non-refillable cylinders from
China is 53.76 percent.\38\
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\38\ See AD supplement at Exhibit AD-SUPP-8; see also AD
Initiation Checklist.
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Initiation of LTFV Investigation
Based upon our examination of the Petition on non-refillable
cylinders from China and supplemental responses, we find that the
Petition meets the requirements of section 732 of the Act. Therefore,
we are initiating an AD investigation to determine whether imports of
non-refillable cylinders from China are being, or are likely to be,
sold in the United States at LTFV. In accordance with section
733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless postponed, we
will make our preliminary determination no later than 140 days after
the date of this initiation.
Respondent Selection
The petitioner named 15 companies in China as producers/exporters
of non-refillable cylinders.\39\ Commerce will issue quantity and value
(Q&V) questionnaires to all 15 identified producers and exporters. In
addition, Commerce will post the Q&V questionnaire along with filing
instructions on E&C's website at http://www.trade.gov/enforcement/news.asp. In accordance with our standard practice for respondent
selection in AD investigations involving NME countries, in the event we
determine that respondent selection is warranted, we intend to base
respondent selection on the responses to the Q&V questionnaires that we
receive.
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\39\ See Volume I of the Petition at Exhibit GEN-7.
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Producers/exporters of non-refillable cylinders from China that do
not receive Q&V questionnaires by mail may still submit a response to
the Q&V questionnaire and can obtain a copy from E&C's website, as
provided above. Responses to the Q&V questionnaire must be submitted by
the relevant Chinese producers/exporters no later than 5:00 p.m. ET on
May 4, 2020. All Q&V responses must be filed electronically via ACCESS.
An electronically filed document must be received successfully, in its
entirety, by ACCESS no later than 5:00 p.m. ET on the deadline noted
above. Commerce intends to finalize its decisions regarding respondent
selection within 20 days of publication of this notice.
Separate Rates
In order to obtain separate-rate status in an NME investigation,
producers/exporters must submit a separate-rate application.\40\ The
specific requirements for submitting a separate-rate application in a
China investigation are outlined in detail in the application itself,
which is available on E&C's website at http://enforcement.trade.gov/nme/nme-sep-rate.html. The separate-rate application will be due 30
days after publication of this initiation notice.\41\ Producers/
exporters who submit a separate-rate application and have been selected
as mandatory respondents will be eligible for consideration for
separate-rate status only if they respond to all parts of Commerce's AD
questionnaire as mandatory respondents. Commerce requires that
companies from China submit a response to both the Q&V questionnaire
and the separate-rate application by the respective deadlines in order
to receive consideration for
[[Page 22406]]
separate-rate status. Companies not filing a timely Q&V questionnaire
response will not receive separate rate consideration.
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\40\ See Policy Bulletin 05.1: Separate-Rates Practice and
Application of Combination Rates in Antidumping Investigation
involving Non-Market Economy Countries (April 5, 2005), available at
http://enforcement.trade.gov/policy/bull05-1.pdf (Policy Bulletin
05.1).
\41\ Although in past investigations this deadline was 60 days,
consistent with 19 CFR 351.301(a), which states that ``the Secretary
may request any person to submit factual information at any time
during a proceeding,'' this deadline is now 30 days.
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Use of Combination Rates
Commerce will calculate combination rates for certain respondents
that are eligible for a separate rate in an NME investigation. The
Separate Rates and Combination Rates Bulletin states:
{w{time} hile continuing the practice of assigning separate rates
only to exporters, all separate rates that Commerce will now assign
in its NME Investigation will be specific to those producers that
supplied the exporter during the period of investigation. Note,
however, that one rate is calculated for the exporter and all of the
producers which supplied subject merchandise to it during the period
of investigation. This practice applies both to mandatory
respondents receiving an individually calculated separate rate as
well as the pool of non-investigated firms receiving the weighted-
average of the individually calculated rates. This practice is
referred to as the application of ``combination rates'' because such
rates apply to specific combinations of exporters and one or more
producers. The cash-deposit rate assigned to an exporter will apply
only to merchandise both exported by the firm in question and
produced by a firm that supplied the exporter during the period of
investigation.\42\
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\42\ See Policy Bulletin 05.1 at 6 (emphasis added).
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Distribution of Copies of the Petition
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the Government of China via ACCESS.
Furthermore, to the extent practicable, Commerce will attempt to
provide a copy of the public version of the Petition to each exporter
named in the Petition, as provided under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its initiation, as required by
section 732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of non-refillable cylinders from China are
materially injuring, or threatening material injury to, a U.S.
industry.\43\ A negative ITC determination will result in the
investigation being terminated.\44\ Otherwise, this investigation will
proceed according to statutory and regulatory time limits.
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\43\ See section 733(a) of the Act.
\44\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Any party, when submitting factual
information, must specify under which subsection of 19 CFR
351.102(b)(21) the information is being submitted \45\ and, if the
information is submitted to rebut, clarify, or correct factual
information already on the record, to provide an explanation
identifying the information already on the record that the factual
information seeks to rebut, clarify, or correct.\46\ Time limits for
the submission of factual information are addressed in 19 CFR 351.301,
which provides specific time limits based on the type of factual
information being submitted. Please review the regulations prior to
submitting factual information in this investigation.
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\45\ See 19 CFR 351.301(b).
\46\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301.\47\ For submissions that are
due from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, Commerce may elect to specify a different
time limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, Commerce will inform parties in a letter or memorandum of the
deadline (including a specified time) by which extension requests must
be filed to be considered timely. An extension request must be made in
a separate, standalone submission; under limited circumstances Commerce
will grant untimely filed requests for the extension of time limits.
Parties should review Extension of Time Limits; Final Rule, 78 FR 57790
(September 20, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting extension requests
or factual information in this investigation.
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\47\ See 19 CFR 351.302.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\48\
Parties must use the certification formats provided in 19 CFR
351.303(g).\49\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\48\ See section 782(b) of the Act.
\49\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to
frequently asked questions regarding the Final Rule are available at
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
administrative protective order (APO) in accordance with 19 CFR
351.305. Instructions for filing such applications may be found on
E&C's website at http://enforcement.trade.gov/apo.
On January 22, 2008, Commerce published Antidumping and
Countervailing Duty Proceedings: Documents Submission Procedures; APO
Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to
participate in this investigation should ensure that they meet the
requirements of these procedures (e.g., the filing of letters of
appearance as discussed in 19 CFR 351.103(d)). Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until May 19, 2020, unless
extended.\50\
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\50\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 17006 (March 26, 2020).
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This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: April 16, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigation
The merchandise covered by this investigation is certain seamed
(welded or brazed), non-refillable steel cylinders meeting the
requirements of, or produced to meet the requirements of, U.S.
Department of Transportation (USDOT) Specification 39,
TransportCanada Specification 39M, or United Nations pressure
receptacle standard
[[Page 22407]]
ISO 11118 and otherwise meeting the description provided below (non-
refillable steel cylinders). The subject non-refillable steel
cylinders are portable and range from 300-cubic inch (4.9 liter)
water capacity to 1,526-cubic inch (25 liter) water capacity.
Subject non-refillable steel cylinders may be imported with or
without a valve and/or pressure release device and unfilled at the
time of importation.
Specifically excluded are seamless non-refillable steel
cylinders.
The merchandise subject to this investigation is properly
classified under statistical reporting numbers 7311.00.0060 and
7311.00.0090 of the Harmonized Tariff Schedule of the United States
(HTSUS). The merchandise may also enter under HTSUS statistical
reporting numbers 7310.29.0025 and 7310.29.0050. Although the HTSUS
statistical reporting numbers are provided for convenience and
customs purposes, the written description of the merchandise is
dispositive.
[FR Doc. 2020-08539 Filed 4-21-20; 8:45 am]
BILLING CODE 3510-DS-P