[Federal Register Volume 88, Number 100 (Wednesday, May 24, 2023)]
[Notices]
[Pages 33571-33575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11003]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-912]
Certain Non-Refillable Steel Cylinders From India: Initiation of
Less-Than-Fair-Value Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable May 17, 2023.
FOR FURTHER INFORMATION CONTACT: Benito Ballesteros or Macey Mayes, AD/
CVD Operations, Office IX, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-7425 or (202)
482-4473, respectively.
SUPPLEMENTARY INFORMATION:
The Petition
On April 27, 2023, the U.S. Department of Commerce (Commerce)
received an antidumping duty (AD) petition concerning imports of
certain non-refillable steel cylinders (cylinders) from India filed in
proper form on behalf of Worthington Industries (the petitioner), a
U.S. producer of cylinders.\1\ The Petition was accompanied by a
countervailing duty (CVD) petition concerning imports of cylinders from
India.\2\
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\1\ See Petitioner's Letter, ``Certain Non-Refillable Cylinders
from India--Petition from the Imposition of Antidumping and
Countervailing Duties,'' dated April 27, 2023 (Petition).
\2\ Id.
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On May 1 and 9, 2023, Commerce requested supplemental information
pertaining to certain aspects of the Petition.\3\ On May 5 and 10,
2023, the petitioner filed timely responses to these requests for
additional information.\4\
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\3\ See Commerce's Letters, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports of Certain Non-
Refillable Steel Cylinders from India: Supplemental Questions,''
dated May 1, 2023; ``Petition for the Imposition of Antidumping
Duties on Imports of Certain Non-Refillable Steel Cylinders from
India: Supplemental Questions,'' dated May 1, 2023; and ``Petition
for the Imposition of Antidumping Duties on Imports of Certain Non-
Refillable Steel Cylinders from India: Supplemental Questions,''
dated May 9, 2023.
\4\ See Petitioner's Letters, ``Petitioner's Amendment to Volume
I Relating to General and Injury Information,'' dated May 3, 2023
(General Issues Supplement); and ``Petitioner's Amendment to Volume
II Relating to Antidumping Duties,'' dated May 5, 2023; and
``Petitioner's 2nd Amendment to Volume II of the Petition Relating
to Antidumping Duties,'' dated May 10, 2023.
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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 cylinders
from India 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 imports of such cylinders are materially injuring, or
threatening material injury to, the cylinder industry 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 Petition was filed 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 for the initiation
of the requested AD investigation.\5\
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\5\ See section on ``Determination of Industry Support for the
Petitions'' section, infra.
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Period of Investigation
Because the Petition was filed on April 27, 2023, pursuant to 19
CFR 351.204(b)(1), the period of investigation (POI) for the AD
investigation is April 1, 2022, through March 31, 2023.
Scope of the Investigation
The products covered by the investigation are cylinders from India.
For a full description of the scope of the investigation, see the
appendix to this notice.
Comments on the Scope of the Investigation
As discussed in the Preamble to Commerce's regulations, we are
setting aside a period of time for interested parties to raise issues
regarding product coverage (i.e., scope).\6\ 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, all such factual information should be limited to public
information.\7\ To facilitate preparation of its questionnaires,
Commerce requests that all interested parties submit such comments by
5:00 p.m. Eastern Time (ET) on June 6, 2023, 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 June
16, 2023, which is 10 calendar days from the initial comment deadline.
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\6\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997) (Preamble).
\7\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
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Commerce requests that any factual information that parties
consider relevant to the scope of the investigation be submitted during
this 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 submissions must be filed
on the records of the concurrent AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\8\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.\9\
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\8\ 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 help 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.
\9\ See 19 CFR 351.303(b)(1).
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Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on
[[Page 33572]]
the appropriate physical characteristics of 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 cost of production (COP) accurately, as
well as to develop appropriate product-comparison criteria where
appropriate.
Subsequent to the publication of this notice, Commerce intends to
release a proposed list of physical characteristics and product-
comparison criteria, and interested parties may provide any information
or comments that they feel are relevant to the development of an
accurate list of physical characteristics. Specifically, they may
provide comments as to which characteristics are appropriate to use as:
(1) general product characteristics; and (2) product comparison
criteria. We note that it is not always appropriate to use all product
characteristics as product comparison criteria. We base product
comparison criteria on meaningful commercial differences among
products. In other words, although there may be some physical product
characteristics utilized by manufacturers to describe cylinders, it may
be that only a select few product characteristics take into account
commercially meaningful physical characteristics. In addition,
interested parties may comment on the order in which the physical
characteristics should be used in matching products. Generally,
Commerce attempts to list the most important physical characteristics
first and the least important characteristics last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaire, Commerce intends to
establish a deadline for relevant comments and submissions at the time
it releases the proposed list of physical characteristics and product-
comparison criteria. All comments and submissions to Commerce must be
filed electronically using ACCESS, as explained above, on the record of
the investigation.
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) 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 U.S. 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,\10\ 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.\11\
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\10\ See section 771(10) of the Act.
\11\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp. 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.\12\ Based on our analysis of the information
submitted on the record, we have determined that 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.\13\
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\12\ See Petition at Volume I (pages 13-17); see also General
Issues Supplement at 2 and Exhibits GEN-SUPP-1 and GEN-SUPP-2.
\13\ 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 India,'' dated concurrently with
this notice (AD Initiation Checklist), at Attachment II (Analysis of
Industry Support for the Antidumping and Countervailing Duty
Petitions Covering Certain Non-Refillable Steel Cylinders from
India).
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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 2022.\14\ The petitioner
stated that there are no other known producers of cylinders in the
United States; therefore, the Petition is supported by 100 percent of
the U.S. industry.\15\ We relied on data provided by the petitioner for
purposes of measuring industry support.\16\
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\14\ See Petition at Volume I (pages 3 and Exhibit GEN-2).
\15\ Id. at 2-3 and Exhibit GEN-1; see also General Issues
Supplement at 2 and Exhibit GEN-1.
\16\ See Petition at Volume I (pages 2-3 and Exhibits GEN-1 and
GEN-2); see also General Issues Supplement at 2 and Exhibit GEN-
SUPP-1. For further discussion, see the AD Initiation Checklist at
Attachment II.
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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. 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).\17\ 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.\18\ 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
[[Page 33573]]
production of the domestic like product produced by that portion of the
industry expressing support for, or opposition to, the Petition.\19\
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.\20\
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\17\ See AD Initiation Checklist at Attachment II; see also
section 732(c)(4)(D) of the Act.
\18\ See AD Initiation Checklist at Attachment II.
\19\ Id.
\20\ 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.\21\
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\21\ See Petition at Volume I (pages 12, 17-19, and Exhibits
GEN-1 and GEN-11).
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The petitioner contends that the industry's injured condition is
illustrated by the significant and increasing volume of subject
imports; declining market share; underselling and price depression and/
or suppression; lost sales and revenues; and adverse impact on the
domestic industry's capacity utilization, commercial shipments,
employment variables, and financial performance.\22\ We 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.\23\
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\22\ Id. at 19-31 and Exhibits GEN-1 and GEN-8 through GEN-15;
see also General Issues Supplement at 3 and Exhibits GEN-SUPP-3 and
GEN-SUPP-4.
\23\ 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 Certain Non-
Refillable Steel Cylinders from India).
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate an AD investigation
of imports of cylinders from India. 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.
U.S. Price
The petitioner based export price (EP) on pricing information for
sales of, or sales offers for, cylinders produced in and exported from
India. The petitioner made certain adjustments to U.S. price to
calculate a net ex-factory U.S. price, where appropriate.\24\
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\24\ See AD Initiation Checklist.
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Normal Value 25
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\25\ In accordance with section 773(b)(2) of the Act, for this
investigation, Commerce will request information necessary to
calculate the constructed value (CV) and COP to determine whether
there are reasonable grounds to believe or suspect that sales of the
foreign like product have been made at prices that represent less
than the COP of the product.
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The petitioner based NV on home market pricing information obtained
through market research for cylinders produced in and sold, or offered
for sale, in India during the period of investigation.\26\ The
petitioner provided information indicating that the prices for
cylinders sold or offered for sale in India were below the COP;
therefore, the petitioner also calculated NV based on CV.\27\ For
further discussion of CV, see the section ``Normal Value Based on
Constructed Value,'' below.
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\26\ See AD Initiation Checklist.
\27\ Id.
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Normal Value Based on Constructed Value
As noted above, the petitioner provided information indicating that
the prices for cylinders sold or offered for sale in India were below
COP. Therefore, the petitioner also based NV on CV. Pursuant to section
773(e) of the Act, the petitioner calculated CV as the sum of the cost
of manufacturing, selling, general, and administrative (SG&A) expenses,
financial expenses, and profit.\28\
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\28\ Id.
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In calculating the cost of manufacturing, the petitioner relied on
the production experience and input consumption rates of a U.S.
producer of cylinders, valued using publicly available information
applicable to India.\29\ In calculating SG&A expenses, financial
expenses, and profit ratios, the petitioner relied on the financial
statements of producers of identical merchandise in India.\30\
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\29\ Id.
\30\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to
believe that imports of cylinders from India are being, or are likely
to be, sold in the United States at LTFV. Based on comparisons of EP to
NV and CV, in accordance with sections 772 and 773 of the Act, the
estimated dumping margins for cylinders from India are 6.24 percent and
61.00 percent ad valorem.\31\
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\31\ See AD Initiation Checklist for details of the
calculations.
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Initiation of LTFV Investigation
Based upon the examination of the Petition 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 cylinders from India 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
In the Petition, the petitioner identified five companies in India
as producers/exporters of cylinders.\32\ In the event Commerce
determines that the number of companies in India is large, and it
cannot individually examine each company based upon Commerce's
resources, where appropriate, Commerce intends to select mandatory
respondents based on quantity and value (Q&V) questionnaires issued to
potential respondents. Following standard practice in AD investigations
involving market economy countries, Commerce would normally select
respondents based on U.S. Customs and Border Protection (CBP) entry
data for imports under the appropriate Harmonized Tariff Schedule of
the United States (HTSUS) subheadings listed in the scope of the
investigation. However, for this investigation, the main HTSUS
subheadings under which the subject merchandise would enter
(7311.00.0060 and 7311.00.0090) are basket categories under which non-
subject merchandise may enter. Therefore, we cannot rely on CBP entry
data in selecting respondents. We, instead, intend to issue Q&V
questionnaires to each potential respondent for which the petitioner
has provided a complete address.
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\32\ See Petition at Volume I (Exhibit GEN-8).
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Exporters/producers of cylinders from India that do not receive Q&V
questionnaires by mail may still submit a response to the Q&V
questionnaire and can obtain a copy of the Q&V questionnaire from
Enforcement and Compliance's website, at https://enforcement.trade.gov/questionnaires/questionnaires-ad.html. Responses to the Q&V
questionnaire must be submitted by the relevant exporters/producers no
later than 5:00 p.m. ET on May 31, 2023, which is two weeks from the
signature date of this notice. All Q&V responses must be filed
electronically via ACCESS. An
[[Page 33574]]
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.
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 India 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 Petitions,
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 Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition is filed, whether there is a reasonable
indication that imports of cylinders from India are materially
injuring, or threatening material injury to, a U.S. industry.\33\ A
negative ITC determination will result in the investigation being
terminated.\34\ Otherwise, the investigation will proceed according to
statutory and regulatory time limits.
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\33\ See section 733(a) of the Act.
\34\ 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). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \35\ 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.\36\ 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. Interested parties
should review the regulations prior to submitting factual information
in this investigation.
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\35\ See 19 CFR 351.301(b).
\36\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation
Section 773(e) of the Act addresses the concept of particular
market situation (PMS) for purposes of CV, stating that ``if a
particular market situation exists such that the cost of materials and
fabrication or other processing of any kind does not accurately reflect
the COP in the ordinary course of trade, the administering authority
may use another calculation methodology under this subtitle or any
other calculation methodology.'' When an interested party submits a PMS
allegation pursuant to section 773(e) of the Act, Commerce will respond
to such a submission consistent with 19 CFR 351.301(c)(2)(v). If
Commerce finds that a PMS exists under section 773(e) of the Act, then
it will modify its dumping calculations appropriately.
Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), set
a deadline for the submission of PMS allegations and supporting factual
information. However, in order to administer section 773(e) of the Act,
Commerce must receive PMS allegations and supporting factual
information with enough time to consider the submission. Thus, should
an interested party wish to submit a PMS allegation and supporting new
factual information pursuant to section 773(e) of the Act, it must do
so no later than 20 days after submission of a respondent's initial
response to section D of the AD questionnaire.
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. 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, we 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, where we determine, based on 19 CFR 351.302, that extraordinary
circumstances exist. Parties should review Commerce's regulations
concerning the extension of time limits and the Time Limits Final Rule
prior to submitting factual information in this investigation.\37\
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\37\ See 19 CFR 351.302; and Extension of Time Limits; Final
Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final Rule),
available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
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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.\38\
Parties must use the certification formats provided in 19 CFR
351.303(g).\39\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\38\ See section 782(b) of the Act.
\39\ 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
https://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 in accordance with 19 CFR 351.305.
Parties wishing to participate in this investigation should ensure that
they meet the requirements of 19 CFR 351.103(d) (e.g., by filing the
required letter of appearance).\40\ Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\41\
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\40\ See Antidumping and Countervailing Duty Proceedings:
Documents Submission Procedures; APO Procedures, 73 FR 3634 (January
22, 2008).
\41\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 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).
[[Page 33575]]
Dated: May 17, 2023.
Lisa W. Wang,
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 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 100-cubic inch (1.6 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 are unfilled at
the time of importation. Non-refillable steel cylinders filled with
pressurized air otherwise meeting the physical description above are
covered by this investigation.
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 7310.29.0030 and 7310.29.0065. Although the HTSUS
statistical reporting numbers are provided for convenience and
customs purposes, the written description of the merchandise is
dispositive.
[FR Doc. 2023-11003 Filed 5-23-23; 8:45 am]
BILLING CODE 3510-DS-P