[Federal Register Volume 86, Number 89 (Tuesday, May 11, 2021)]
[Notices]
[Pages 25839-25841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09942]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-126, C-570-127]


Certain Non-Refillable Steel Cylinders From the People's Republic 
of China: Amended Final Antidumping Duty Determination and Antidumping 
Duty and Countervailing 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), 
Commerce is issuing antidumping duty (AD) and countervailing duty (CVD) 
orders on certain non-refillable steel cylinders (non-refillable 
cylinders) from the People's Republic of China (China). In addition, 
Commerce is amending its AD final determination to correct for certain 
ministerial errors.

DATES: Applicable May 11, 2021.

FOR FURTHER INFORMATION CONTACT: Katherine Sliney at (202) 482-2437 
(AD) and Kristen Johnson at 202-482-4793 (CVD), AD/CVD Operations, 
Enforcement and Compliance, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 705(d) and 735(d) of the Tariff Act of 
1930, as amended (the Act), on March 22, 2021, Commerce published its 
affirmative final determination of sales at less than fair value (LTFV) 
and its affirmative final determination that countervailable subsidies 
are being provided to producers and exporters of non-refillable 
cylinders from China.\1\
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    \1\ See Non-Refillable Steel Cylinders from the People's 
Republic of China: Final Affirmative Determination of Sales at Less 
Than Fair Value, 86 FR 15188 (March 22, 2021) (AD Final 
Determination); see also Certain Non-Refillable Steel Cylinders from 
the People's Republic of China: Final Affirmative Countervailing 
Duty Determination, 86 FR 15192 (March 22, 2021) (CVD Final 
Determination).
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    On March 17, 2021 and March 22, 2021, Commerce received allegations 
that Commerce made ministerial errors in the AD Final Determination 
from Hangzhou JM Chemical Co., Ltd. (Hangzhou JM), Ningbo Eagle 
Machinery & Technology Co., Ltd. (Ningbo Eagle), and Wuyi Xilinde 
Machinery Manufacture Co., Ltd. (Wuyi Xilinde).\2\ After reviewing the 
allegations, we determine that the AD Final Determination included 
certain ministerial errors and, therefore, we made appropriate changes, 
as described below in the ``Amendment to AD Final Determination'' 
section of this notice.
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    \2\ See Hangzhou JM's Letter, ``Hangzhou JM Clerical Error 
Comments in the Final Determination including Customs Instructions: 
Antidumping Duty Investigation of Certain Non-Refillable Cylinders 
from the People's Republic of China (A-570-126),'' dated March 17, 
2021; see also Ningbo Eagle's Letter, ``Certain Non-Refillable Steel 
Cylinders from the People's Republic of China: Ministerial Error 
Comment,'' dated March 22, 2021; and Wuyi Xilinde's Letter, 
``Certain Non-Refillable Steel Cylinders from the People's Republic 
of China: Allegation of Ministerial Error in the Final 
Determination,'' dated March 22, 2021.
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    On May 5, 2021, pursuant to sections 705(d) and 735(d) of the Act, 
the ITC notified Commerce of its final affirmative determinations that 
an industry in the United States is materially injured by reason of 
LTFV imports and subsidized imports of non-refillable cylinders from 
China, within the meaning of sections 705(b)(1)(A)(i) and 
735(b)(1)(A)(i) of the Act.\3\
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    \3\ See ITC's Letter, ``Notification of ITC Final 
Determinations,'' dated May 5, 2021 (ITC Notification Letter).
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Scope of the Orders

    The products covered by these orders are non-refillable cylinders 
from China. For a full description of the scope of the orders, see the 
appendix to this notice.

Amendment to AD Final Determination

    A ministerial error is defined in 19 CFR 351.224(f) 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.'' Pursuant to 19 CFR 351.224(f), and as explained further 
in the Ministerial Error Memorandum,\4\ Commerce is amending the AD 
Final Determination to reflect the correction of ministerial errors 
made in the calculations performed for the AD Final Determination, as 
alleged by Ningbo Eagle, and Wuyi Xilinde. Correction of these errors, 
as well as a related error identified by Commerce, resulted in changes 
to the final estimated weighted-average dumping margin calculated for 
Wuyi Xilinde, the rate applicable to the separate rate companies, 
including Ningbo Eagle, and changes the companies' corresponding cash 
deposit rates.\5\ Further, Commerce is amending the AD Final 
Determination to reflect the correction of a clerical error made in 
identifying the incorrect producer

[[Page 25840]]

corresponding to the exporter Hangzhou JM, and identifies the correct 
producer, Wuyi Xilinde, in the combination rates for subject 
merchandise exported by Hangzhou JM listed below.
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    \4\ See Memorandum, ``Certain Non-Refillable Steel Cylinders 
from the People's Republic of China: Allegations of Ministerial 
Errors in the Final Affirmative Determination of Sales at Less Than 
Fair Value,'' dated April 15, 2021 (Ministerial Error Memorandum).
    \5\ See Memorandum, ``Antidumping Duty Investigation of Certain 
Non-Refillable Steel Cylinders from the People's Republic of China: 
Amended Final Results Margin Calculation for Wuyi Xilinde Machinery 
Manufacture Co., Ltd.,'' dated concurrently with this notice; see 
also Memorandum, ``Non-Refillable Steel Cylinders from the People's 
Republic of China: Amended Double Remedies and Export Subsidy Offset 
Calculation,'' dated April 15, 2021, and Memorandum, ``Non-
Refillable Steel Cylinders from the People's Republic of China: 
Amended Double Remedies and Export Subsidy Offset Calculation Excel 
File,'' dated April 21, 2021 (both of these submissions contained a 
clerical error with respect to the China-wide rate, which remains 
unchanged from the Final Determination, and were later corrected); 
and Memorandum, ``Amended Double Remedies and Export Subsidy Offset 
Calculation, dated April 23, 2021.
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AD Order

    As stated above, on May 5, 2021, in accordance with section 735(d) 
of the Act, the ITC notified Commerce of its final determination 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 imports of 
non-refillable cylinders from China that are sold in the United States 
at LTFV.\6\ Therefore, in accordance with section 735(c)(2) of the Act, 
we are issuing this AD order. Because the ITC determined that imports 
of non-refillable 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 antidumping duties.
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    \6\ See ITC Notification Letter.
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    Therefore, in accordance with section 736(a)(1) of the Act, 
Commerce intends to 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 non-refillable cylinders from China. Antidumping 
duties will be assessed on unliquidated entries of non-refillable 
cylinders from China entered, or withdrawn from warehouse, for 
consumption on or after October 30, 2020, the date of publication of 
the AD Preliminary Determination, but will not include entries 
occurring after the expiration of the provisional measures period and 
before publication of the ITC's final injury determination, as further 
described below.\7\
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    \7\ See Certain Non-Refillable Steel Cylinders from the People's 
Republic of China: Preliminary Affirmative Determination of Sales at 
Less Than Fair Value, Postponement of the Final Determination and 
Extension of Provisional Measures, 85 FR 68852 (October 30, 2020) 
(AD Preliminary Determination).
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Continuation of Suspension of Liquidation--AD

    Except as noted in the ``Provisional Measures--AD'' section of this 
notice, in accordance with section 735(c)(1)(B) of the Act, Commerce 
intends to instruct CBP to continue to suspend liquidation on all 
relevant entries of non-refillable cylinders from China. These 
instructions suspending liquidation will remain in effect until further 
notice.
    Commerce also intends to instruct CBP to require cash deposits 
equal to the estimated weighted-average dumping margins indicated in 
the table below, adjusted by the relevant subsidy offsets. Accordingly, 
effective on the date of publication in the Federal Register of the 
notice of the ITC's final affirmative injury determination, CBP must 
require, at the same time as importers would normally deposit estimated 
customs duties on subject merchandise, a cash deposit equal to the 
rates listed in the table below.

Estimated Weighted-Average Dumping Margins

    The estimated weighted-average dumping margins are as follows:

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                                                                                     Estimated
                                                                                     weighted-     Cash deposit
                                                                                      average     rate (adjusted
                   Exporter                                 Producer                  dumping       for subsidy
                                                                                      margin         offsets)
                                                                                     (percent)       (percent)
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Sanjiang Kai Yuan Co. Ltd.....................  Sanjiang Kai Yuan Co. Ltd.......           93.09           76.82
Wuyi Xilinde Machinery Manufacture Co., Ltd...  Wuyi Xilinde Machinery                     74.32           63.55
                                                 Manufacture Co., Ltd.
Hangzhou JM Chemical Co., Ltd.................  Wuyi Xilinde Machinery                     79.98           67.61
                                                 Manufacture Co., Ltd.
Ningbo Eagle Machinery & Technology Co., Ltd..  Jinhua Sinoblue Machinery                  79.98           67.76
                                                 Manufacturing Co., Ltd.
Zhejiang Kin-Shine Technology Co., Ltd........  Zhejiang Kin-Shine Technology              79.98           67.61
                                                 Co., Ltd.
T.T. International Co. Ltd....................  Wuyi Xilinde Machinery                     79.98           67.61
                                                 Manufacture Co., Ltd.
ICOOL International Commerce Limited..........  ICOOL International Commerce               79.98           67.61
                                                 Limited.
China-Wide Entity.............................  China-Wide Entity...............          112.21          101.67
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Provisional Measures--AD

    Section 733(d) of the Act states that suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
that Commerce extend the four-month period to no more than six months. 
At the request of exporters that account for a significant proportion 
of non-refillable cylinders from China, Commerce extended the four-
month period to six months in this AD investigation. Commerce published 
the AD Preliminary Determination in this investigation on October 30, 
2020.\8\
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    \8\ See AD Preliminary Determination.
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    The extended provisional measures period, beginning on the date of 
publication of the preliminary determination, ended on April 27, 2021. 
Therefore, in accordance with section 733(d) of the Act and our 
practice, Commerce will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of non-refillable cylinders from China entered, or 
withdrawn from warehouse, for consumption after April 27, 2021, the 
final day on which the provisional measures were in effect, until and 
through the day preceding the date of publication of the ITC's final 
affirmative injury determination in the Federal Register. Suspension of 
liquidation and the collection of cash deposits will resume on the date 
of publication of the ITC's final determination in the Federal 
Register.

CVD Order

    As stated above, on May 5, 2021, in accordance with section 705(d) 
of the Act, the ITC notified Commerce of its final determination that 
the 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 non-refillable cylinders from China.\9\ Therefore, in 
accordance with section 705(c)(2) of the Act, Commerce is issuing this 
CVD order. Because the ITC determined that imports of non-refillable 
cylinders from China are materially injuring a U.S. industry, 
unliquidated entries of subject

[[Page 25841]]

merchandise from China entered, or withdrawn from warehouse, for 
consumption, are subject to the assessment of countervailing duties.
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    \9\ See ITC Notification Letter.
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    Therefore, in accordance with section 706(a) of the Act, Commerce 
intends to direct CBP to assess, upon further instruction by Commerce, 
countervailing duties for all relevant entries of non-refillable 
cylinders from China, which are entered, or withdrawn from warehouse, 
for consumption on or after August 28, 2020, the date of publication of 
the CVD Preliminary Determination, but will not include entries 
occurring after the expiration of the provisional measures period and 
before the publication of the ITC's final injury determination under 
section 705(b) of the Act, as further described in the ``Provisional 
Measures--CVD'' section of this notice.\10\
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    \10\ See Certain Non-Refillable Steel Cylinders from the 
People's Republic of China: Preliminary Affirmative Countervailing 
Duty Determination and Alignment of Final Determination with Final 
Antidumping Determination, 85 FR 53323 (August 28, 2020) (CVD 
Preliminary Determination).
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Suspension of Liquidation and Cash Deposits--CVD

    In accordance with section 706 of the Act, Commerce intends to 
instruct CBP to reinstitute the suspension of liquidation of non-
refillable cylinders from China, effective on the date of publication 
of the ITC's final affirmative injury determination in the Federal 
Register, and to assess, upon further instruction by Commerce, pursuant 
to section 706(a)(1) of the Act, countervailing duties for each entry 
of subject merchandise in an amount based on the net countervailable 
subsidy rates below. On or after the date of publication of the ITC's 
final injury determination in the Federal Register, CBP must require, 
at the same time as importers would normally deposit estimated customs 
duties on this merchandise, a cash deposit equal to the rates listed in 
the table 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 below, as appropriate:

------------------------------------------------------------------------
                                                                Subsidy
                           Company                               rate
                                                               (percent)
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Ningbo Eagle Machinery & Technology Co., Ltd................       25.91
Wuyi Xilinde Machinery Manufacture Co., Ltd.................       18.37
All Others..................................................       21.28
Jiangsu Kasidi Chemical Machinery Co., Ltd..................      186.18
Jinhua Sinoblue Machinery Manufacturing Co., Ltd............      186.18
Ningbo Runkey CGA Cylinders Co., Ltd........................      186.18
Ninhua Group Co., Ltd.......................................      186.18
Shanghai Ronghua High-Pressure Vessel Co., Ltd..............      186.18
Zhejiang Ansheng Mechanical Manufacture Co., Ltd............      186.18
Zhejiang Nof Chemical Co., Ltd..............................      186.18
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Provisional Measures--CVD

    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 CVD 
Preliminary Determination on August 28, 2020.\11\ As such, the four-
month period beginning on the date of the publication of the CVD 
Preliminary Determination ended on December 25, 2020.
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    \11\ See CVD Preliminary Determination.
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    Therefore, in accordance with section 703(d) of the Act, we 
instructed CBP to terminate the suspension of liquidation and to 
liquidate, without regard to countervailing duties, unliquidated 
entries of non-refillable cylinders from China entered, or withdrawn 
from warehouse, for consumption, on or after December 26, 2020, the 
date on which the provisional measures expired, until and through the 
day preceding the date of publication of the ITC's final injury 
determination in the Federal Register. Suspension of liquidation will 
resume on the date of publication of the ITC's final determination in 
the Federal Register.

Notification to Interested Parties

    This notice constitutes the AD and CVD orders with respect to non-
refillable cylinders from China pursuant to sections 706(a) and 736(a) 
of the Act. Interested parties can find a list of orders currently in 
effect at http://enforcement.trade.gov/stats/iastats1.html.
    These orders are published in accordance with sections 706(a) and 
736(a) of the Act and 19 CFR 351.211(b).


    Dated: May 6, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix

Scope of the Orders

    The merchandise covered by these orders 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 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. Non-refillable steel cylinders filled 
with pressurized air otherwise meeting the physical description 
above are covered by these orders.
    Specifically excluded are seamless non-refillable steel 
cylinders.
    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). 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. 2021-09942 Filed 5-10-21; 8:45 am]
BILLING CODE 3510-DS-P