[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Notices]
[Pages 37024-37027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12053]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-126]


Non-Refillable Steel Cylinders From the People's Republic of 
China: Preliminary Results and Preliminary Determination of No 
Shipments of the Antidumping Duty Administrative Review; 2020-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that certain producers and or/exporters made sales of non-
refillable steel cylinders (NRSCs) from the People's Republic of China 
(China) at less than normal value, and one company had no shipments of 
subject merchandise during the period of review (POR) October 30, 2020, 
through April 30, 2022. Interested parties are invited to comment on 
the preliminary results of this review.

DATES: Applicable June 6, 2023.

FOR FURTHER INFORMATION CONTACT: Alex Cipolla, 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) 482-4956.

SUPPLEMENTARY INFORMATION: 

Background

    On May 11, 2021, Commerce published in the Federal Register the 
antidumping duty order on NRSCs from China.\1\ On May 2, 2022, Commerce 
published a notice of opportunity to request an administrative review 
of the Order, covering the POR, pursuant to

[[Page 37025]]

section 751(a)(1) of the Tariff Act of 1930, as amended (the Act).\2\ 
On July 14, 2022, based on timely requests for review, Commerce 
initiated an administrative review of the Order covering the POR.\3\ 
The administrative review covers four companies, including the 
mandatory respondent, Wuyi Xilinde Machinery Manufacture Co., Ltd. 
(Wuyi Xilinde).\4\ On January 18, 2023, in accordance with section 
751(a)(3)(A) of the Act, Commerce extended the deadline for the 
preliminary results of this review until May 31, 2023.\5\
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    \1\ See Certain Non-Refillable Steel Cylinders from the People's 
Republic of China: Amended Final Antidumping Duty Determination and 
Antidumping Duty and Countervailing Duty Orders, 86 FR 25839 (May 
11, 2021) (Order).
    \2\ 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).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 42144 (July 14, 2022) (Initiation 
Notice).
    \4\ See Memorandum, ``Respondent Selection,'' dated September 
20, 2022.
    \5\ See Memorandum, ``Extension of Time Limits for the 
Preliminary Results of the Antidumping Duty Administrative Review; 
2020-2022,'' dated January 18, 2023.
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    For a detailed description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\6\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
attached as the appendix to this notice. The Preliminary Decision 
Memorandum is a public document and is available via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review: Non-
Refillable Steel Cylinders from the People's Republic of China; 
2020-2022,'' dated concurrently with, and hereby adopted by, this 
notice (Preliminary Decision Memorandum).
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Scope of the Order

    The products covered by this Order are 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. A full description of 
the scope of the Order is provided in the Preliminary Decision 
Memorandum.

Preliminary Determination of No Shipments

    Based on information on the record, we preliminarily determine that 
Zhejiang Kin-Shine Technology Co., Ltd. (Zhejiang Kin-Shine) had no 
shipments of subject merchandise during the POR. Consistent with our 
practice in non-market economy cases, we are not rescinding this review 
with respect to this company but, rather, intend to complete the review 
and issue appropriate instructions to U.S. Customs and Border 
Protection (CBP) based on the final results of the review.\7\ For 
additional information regarding this preliminary determination, see 
the Preliminary Decision Memorandum.
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    \7\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 October 24, 2011) (NME 
AD Assessment); see also the ``Assessment Rates'' section, infra.
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Separate Rates

    Commerce preliminarily determines that two companies, Ningbo Eagle 
Machinery & Technology Co., Ltd. (Ningbo Eagle) and Sanjiang Kai Yuan 
Co. Ltd. (SKY), which were not selected for individual examination, are 
eligible for separate rates in this administrative review.\8\ The Act 
and Commerce's regulations do not address the establishment of a 
separate rate to be applied to companies not selected for individual 
examination when Commerce limits its examination in an administrative 
review pursuant to section 777A(c)(2) of the Act. Generally, Commerce 
looks to section 735(c)(5) of the Act, which provides instructions for 
calculating the all-others rate in an investigation, for guidance when 
calculating the rate for separate rate respondents which Commerce did 
not examine individually in an administrative review. Section 
735(c)(5)(A) of the Act states that the all-others rate should be 
calculated by averaging the weighted-average dumping margins calculated 
for individually-examined respondents, excluding dumping margins that 
are zero, de minimis, or based entirely on facts available. For the 
preliminary results of this review, Commerce determined the estimated 
dumping margin for Wuyi Xilinde to be 72.76 percent. For the reasons 
explained in the Preliminary Decision Memorandum, we are assigning the 
72.76 percent weighted-average dumping margin calculated for Wuyi 
Xilinde to the two non-examined respondents which qualify for a 
separate rate in this review, consistent with Commerce's practice and 
section 735(c)(5)(A) of the Act.
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    \8\ See Preliminary Decision Memorandum at the ``Separate Rate 
Determination'' section for more details.
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China-Wide Entity

    Under Commerce's policy regarding the conditional review of the 
China-wide entity,\9\ the China-wide entity will not be under review 
unless a party specifically requests, or Commerce self-initiates, a 
review of the entity. Because no party requested a review of the China-
wide entity in this review, the entity is not under review, and the 
entity's rate (i.e., 101.67 percent) is not subject to change.\10\
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    \9\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \10\ See Order.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Act. For a full description of the methodology 
underlying our conclusions, see the Preliminary Decision Memorandum.

Preliminary Results of Review

    Commerce preliminarily determines that the following weighted-
average dumping margins exist for the period October 30, 2020, through 
April 30, 2022:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Wuyi Xilinde Machinery Manufacture Co., Ltd.................       72.76
Ningbo Eagle Machinery & Technology Co., Ltd................       72.76
Sanjiang Kai Yuan Co. Ltd...................................       72.76
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose to parties to the proceeding the 
calculations performed for these preliminary results of review within 
five days of the date of publication of this notice in the Federal 
Register in accordance with 19 CFR 351.224(b).

Public Comment

    Interested parties will be provided an opportunity to submit 
written comments (case briefs) at a date to be determined by Commerce. 
Rebuttal briefs, limited to issues raised in the case briefs, may be 
filed not later than seven days after the date for filing case 
briefs.\11\ Pursuant to 19 CFR

[[Page 37026]]

351.309(d)(2), rebuttal briefs must be limited to issues raised in the 
case briefs.\12\ Note that Commerce has temporarily modified certain of 
its requirements for serving documents containing business proprietary 
information, until further notice.\13\ Parties who submit case briefs 
or rebuttal briefs in this proceeding are encouraged to submit with 
each argument: (1) a statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.\14\
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    \11\ See 19 CFR 351.309(d); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 
(March 26, 2020) (``To provide adequate time for release of case 
briefs via ACCESS, E&C intends to schedule the due date for all 
rebuttal briefs to be 7 days after case briefs are filed (while 
these modifications remain in effect).'').
    \12\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
    \13\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
    \14\ See 19 CFR 351.309(c)(2) and (d)(2); see also 19 CFR 
351.303 (for general filing requirements).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the publication of this notice. Requests should contain the 
party's name, address, telephone number, the number of participants, 
whether any participant is a foreign national, and a list of the issues 
to be discussed. If a request for a hearing is made, Commerce intends 
to hold the hearing at a time and date to be determined. Parties should 
confirm by telephone the date, time, and location of the hearing two 
days before the scheduled date.
    Unless the deadline is extended, Commerce intends to issue the 
final results of this review, including the results of its analysis of 
the issues raised in any written briefs, no later than 120 days after 
the date of publication of this notice, pursuant to section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h).

Assessment Rates

    Upon issuing the final results, Commerce will determine, and CBP 
shall assess, antidumping duties on all appropriate entries covered by 
this review.\15\ If Wuyi Xilinde's ad valorem weighted-average dumping 
margin is not zero or de minimis (i.e., less than 0.50 percent) in the 
final results of this review, Commerce will calculate importer-specific 
assessment rates for that respondent, in accordance with 19 CFR 
351.212(b)(1).\16\ Pursuant to 19 CFR 351.212(b)(1), where the 
respondent reported the entered value of its U.S. sales, we will 
calculate importer-specific ad valorem duty assessment rates based on 
the ratio of the total amount of dumping calculated for the examined 
sales to the total entered value of the sales for which entered value 
was reported. Where the respondent did not report entered value, we 
will calculate importer-specific per-unit duty assessment rates based 
on the ratio of the total amount of antidumping duties calculated for 
the examined sales to the total quantity of those sales. To determine 
whether an importer-specific, per-unit assessment rate is de minimis, 
in accordance with 19 CFR 351.106(c)(2), we also will calculate an 
importer-specific ad valorem ratio based on estimated entered values. 
If, in the final results, Wuyi Xilinde's weighted-average dumping 
margin is zero or de minimis (i.e., less than 0.5 percent), Commerce 
will instruct CBP to liquidate the appropriate entries for that 
respondent without regard to antidumping duties.\17\
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    \15\ See 19 CFR 351.212(b)(1).
    \16\ In these preliminary results, Commerce applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
    \17\ See 19 CFR 351.106(c)(2).
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    For entries that were not reported in the U.S. sales database 
submitted by Wuyi Xilinde during this review, Commerce will instruct 
CBP to liquidate such entries at the China-wide rate (i.e., 101.67 
percent). In addition, if we continue to find no shipments of subject 
merchandise for Zhejiang Kin-Shine, for which we preliminarily find no 
such shipments during the POR, any suspended entries of subject 
merchandise associated with this company will be liquidated at the 
China-wide rate.\18\ For Ningbo Eagle and SKY, the respondents that 
were not selected for individual examination in this administrative 
review that qualified for a separate rate, the assessment rate will be 
the separate rate established in the final results of this 
administrative review for Wuyi Xilinde.
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    \18\ See NME AD Assessment.
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    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
review in the Federal Register. If a timely summons is filed at the 
U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this review for shipments of the 
subject merchandise from China entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
section 751(a)(2)(C) of the Act: (1) for the subject merchandise 
exported by the companies listed above that have a separate rate, the 
cash deposit rate will be equal to the weighted-average dumping margin 
established in the final results of this administrative review (except, 
if the rate is zero or de minimis, then zero cash deposit will be 
required); (2) for previously investigated or reviewed Chinese and non-
Chinese exporters not listed above that received a separate rate in a 
prior segment of this proceeding, the cash deposit rate will continue 
to be the existing exporter-specific rate; (3) for all Chinese 
exporters of subject merchandise that have not been found to be 
entitled to a separate rate, the cash deposit rate will be that for the 
China-wide entity; and (4) for all non-Chinese exporters of subject 
merchandise which have not received their own rate, the cash deposit 
rate will be the rate applicable to the Chinese exporter that supplied 
that non-Chinese exporter. These cash deposit requirements, when 
imposed, shall remain in effect until further notice.

Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during these PORs. Failure 
to comply with this requirement could result in Commerce's presumption 
that reimbursement of antidumping and/or countervailing duties occurred 
and the subsequent assessment of double antidumping duties, and/or an 
increase in the amount of antidumping duties by the amount of the 
countervailing duties.

Notification to Interested Parties

    Commerce is issuing and publishing the preliminary results of this 
review in accordance with sections 751(a)(1)(B), 751(a)(3) and 777(i) 
of the Act, and 19 CFR 351.213(d)(4) and 351.221(b)(4).


[[Page 37027]]


    Dated: May 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Adjustment Under Section 777A(f) of the Act
VII. Recommendation

[FR Doc. 2023-12053 Filed 6-5-23; 8:45 am]
BILLING CODE 3510-DS-P