[Federal Register Volume 85, Number 166 (Wednesday, August 26, 2020)]
[Notices]
[Pages 52548-52549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18794]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-126]
Non-Refillable Steel Cylinders From the People's Republic of
China: Postponement of Preliminary Determination in the Less-Than-Fair-
Value Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable August 26, 2020.
FOR FURTHER INFORMATION CONTACT: Darla Brown at (202) 482-1791 or
Katherine Sliney at (202) 482-2437, AD/CVD Operations, Office III,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230.
SUPPLEMENTARY INFORMATION:
Background
On April 16, 2020, the Department of Commerce (Commerce) initiated
a less-than-fair-value (LTFV) investigation of imports of non-
refillable steel cylinders from the People's Republic of China
(China).\1\ Currently, the preliminary determination is due no later
than September 3, 2020.
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\1\ See Certain Non-Refillable Steel Cylinders from the People's
Republic of China: Initiation of Less-Than-Fair-Value Investigation,
85 FR 22402 (April 22, 2020).
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Postponement of Preliminary Determination
Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the
Act), requires Commerce to issue the preliminary determination in an
LTFV investigation within 140 days after the date on which Commerce
initiated the investigation. However, section 733(c)(1) of the Act
permits Commerce to postpone the preliminary determination until no
later than 190 days after the date on which Commerce initiated the
investigation if: (A) The petitioner makes a timely request for a
postponement; or (B) Commerce concludes that the parties concerned are
cooperating, that the investigation is extraordinarily complicated, and
that additional time is necessary to make a preliminary determination.
Under 19 CFR 351.205(e), the petitioner must submit a request for
postponement 25 days or more before the scheduled date of the
preliminary determination and must state the reasons for the request.
Commerce will grant the request unless it finds compelling reasons to
deny the request.
On August 7, 2020, the petitioner, Worthington Industries,
submitted a timely request that Commerce postpone the preliminary
determination in this LTFV investigation.\2\ The petitioner stated that
a postponement is necessary to provide Commerce with adequate time to
solicit additional information from the respondents to clarify their
responses, to issue supplemental questionnaires and review respondents'
supplemental questionnaire responses, and to allow parties to gather
information on valuing factors of production.\3\
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\2\ See Petitioner's Letter, ``Non-Refillable Steel Cylinders
from China--Petitioners' Request for Postponement of Preliminary
Antidumping Determination,'' dated August 7, 2020.
\3\ Id.
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For the reasons stated above and because there are no compelling
reasons to deny the request, Commerce, in accordance with section
733(c)(1)(A) of the Act, is postponing the deadline for the preliminary
determination by 50 days (i.e., 190 days after the date on which this
investigation was initiated). As a result, Commerce will issue its
preliminary determination no later than October 23, 2020.\4\ In
accordance with
[[Page 52549]]
section 735(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for
the final determination of this investigation will continue to be 75
days after the date of the preliminary determination, unless postponed
at a later date.
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\4\ Sanjiang Kay Yuan Co. Ltd (SKY) contends that Commerce ``has
consistently used the date of publication of notices in the Federal
Register'' to set the deadline for its preliminary determinations
and postponed preliminary determinations, under 19 CFR 351.205(b)(1)
and (b)(2). See SKY's Letter, ``Certain Non-Refillable Steel
Cylinders from China; A-570-126; Comment on Request to Extend
Preliminary Determination,'' dated August 7, 2020. However, Commerce
determines that October 23, 2020 is the appropriate deadline for the
postponed preliminary determination, which is based on the signature
date of the initiation of the investigation. See, e.g., Certain
Vertical Shaft Engines Between 99cc and Up to 225cc, and Parts
Thereof from the People's Republic of China: Postponement of
Preliminary Determination in the Less-Than-Fair-Value Investigation,
85 FR 47357 (August 5, 2020); see also Certain Corrosion Inhibitors
from the People's Republic of China: Postponement of Preliminary
Determination in the Less-Than-Fair Value Investigation, 85 FR 36376
(June 16, 2020).
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Notification to Interested Parties
This notice is issued and published pursuant to section 733(c)(2)
of the Act and 19 CFR 351.205(f)(1).
Dated: August 14, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-18794 Filed 8-25-20; 8:45 am]
BILLING CODE 3510-DS-P