[Federal Register Volume 87, Number 203 (Friday, October 21, 2022)]
[Notices]
[Pages 64008-64009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22903]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-127]


Certain Non-Refillable Steel Cylinders From the People's Republic 
of China: Rescission of Countervailing Duty Administrative Review; 
2020-2021

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) is rescinding the 
administrative review of the countervailing duty (CVD) order on certain 
non-refillable steel cylinders (non-refillable cylinders) from the 
People's Republic China (China), covering the period August 28, 2020, 
though December 31, 2021.

DATES: Applicable October 21, 2022.

FOR FURTHER INFORMATION CONTACT: Kristen Johnson, 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) 482-4793.

SUPPLEMENTARY INFORMATION:

Background

    On May 2, 2022, Commerce published in the Federal Register a notice 
of opportunity to request an administrative review of the CVD order on 
non-refillable cylinders from China, covering the period August 28, 
2020, though December 31, 2021.\1\ On May 31, 2022, Ningbo Eagle 
Machinery & Technology Co., Ltd. (Ningbo Eagle), Sanjiang Kai Yuan Co. 
Ltd (SKY), Wuyi Xilinde Machinery Manufacture Co., Ltd. (Wuyi Xilinde), 
and Zhejiang KIN-SHINE Technology Co., Ltd (KIN-SHINE) timely requested 
that Commerce conduct an administrative review.
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review and Join Annual Inquiry Service List, 87 FR 25619 (May 2, 
2022).
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    On July 14, 2022, Commerce published in the Federal Register a 
notice of initiation of an administrative review with respect to KIN-
SHINE, Ningbo Eagle, SKY, and Wuyi Xilinde, in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act).\2\ Also on July 
14, 2022, Commerce released U.S. Customs and Border Protection (CBP) 
entry data for the POR to all interested parties.\3\ On August 17, 
2022, Commerce notified interested parties of its intent to rescind the 
review of KIN-SHINE because the company did not have a reviewable, 
suspended entry of subject merchandise during the POR.\4\ Commerce 
provided parties an opportunity to submit comments, including factual 
information, to demonstrate whether there were reviewable entries 
during the POR for KIN-SHINE.\5\ No party submitted comments to 
Commerce.
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    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 42144, 42155 (July 14, 2022).
    \3\ See Memorandum, ``Countervailing Duty Order on Certain Non-
Refillable Steel Cylinders from the People's Republic of China; 
First Administrative Review; Release of U.S. Customs and Border 
Protection Query,'' dated July 14, 2022.
    \4\ See Memorandum, ``Administrative Review of the 
Countervailing Duty Order on Certain Non-Refillable Steel Cylinders 
from the People's Republic of China: Notice of Intent to Rescind 
Review, In Part,'' dated August 17, 2022.
    \5\ Id.
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    On August 26 and 30, 2022, Wuyi Xilinde and SKY, respectively, 
timely withdrew their requests for administrative review.\6\ On 
September 9, 2022, Ningbo Eagle timely withdrew

[[Page 64009]]

its request for an administrative review.\7\
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    \6\ See Wuyi Xilinde's Letter, ``Non-refillable Steel Cylinders 
from the People's Republic of China: Withdrawal of Request for 
Administrative Review and Request Suspension of Deadlines,'' dated 
August 26, 2022; see also SKY's Letter, ``Certain Non-Refillable 
Steel Cylinders from China; C-570-127; Withdrawal of Request for 
Administrative Review,'' dated August 30, 2022.
    \7\ See Ningbo Eagle's Letter, ``Certain Non-Refillable Steel 
Cylinders from the People's Republic of China: Withdrawal of Request 
for Administrative Review,'' dated September 9, 2022.
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Rescission of Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review if the party that requested the review withdraws 
its request within 90 days of the publication of the notice of 
initiation of the requested review. Ningbo Eagle, SKY, and Wuyi Xilinde 
withdrew their requests for review within the 90-day deadline. No other 
interested party requested an administrative review of Ningbo Eagle, 
SKY, and Wuyi Xilinde. We, therefore, are rescinding this 
administrative review for Ningbo Eagle, SKY, and Wuyi Xilinde.
    Additionally, pursuant to 19 CFR 351.213(d)(3), it is Commerce's 
practice to rescind an administrative review of a CVD order where it 
concludes that there were no reviewable entries of subject merchandise 
during the POR for an exporter or producer.\8\ Normally, upon 
completion of an administrative review, the suspended entries are 
liquidated at the CVD assessment rate for the review period.\9\ 
Therefore, for an administrative review to be conducted, there must be 
a reviewable, suspended entry that Commerce can instruct CBP to 
liquidate at the calculated CVD assessment rate for the review 
period.\10\ As noted above, there were no entries of subject 
merchandise from KIN-SHINE during the POR. Accordingly, in the absence 
of reviewable, suspended entries of subject merchandise during the POR, 
we are rescinding this administrative review for KIN-SHINE, in 
accordance with 19 CFR 351.213(d)(3).
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    \8\ See, e.g., Certain Softwood Lumber Products from Canada: 
Final Results and Final Rescission, in Part, of the Countervailing 
Duty Administrative Review, 2020, 87 FR 48455 (August 9, 2022).
    \9\ See 19 CFR 351.212(b)(2).
    \10\ See 19 CFR 351.213(d)(3).
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Assessment

    Commerce will instruct CBP to assess countervailing duties on all 
appropriate entries. Because Commerce is rescinding this review in its 
entirety, the entries to which this administrative review pertained 
shall be assessed at rates equal to the cash deposit of estimated 
countervailing duties required at the time of entry, or withdrawal from 
warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). 
Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of this rescission notice in 
the Federal Register.

Notification Regarding Administrative Protective Order

    This notice serves as a final reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return or destruction of 
the APO materials, or conversion to judicial protective order is hereby 
requested. Failure to comply with regulations and terms of an APO is a 
violation, which is subject to sanction.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(l) of the Act, and 19 CFR 351.213(d)(4).

    Dated: October 17, 2022.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2022-22903 Filed 10-20-22; 8:45 am]
BILLING CODE 3510-DS-P