[Federal Register Volume 88, Number 212 (Friday, November 3, 2023)]
[Notices]
[Pages 75555-75556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24284]


-----------------------------------------------------------------------

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; 2022

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 order on certain non-
refillable steel cylinders (non-refillable cylinders) from the People's 
Republic China (China), covering the period of review (POR) January 1, 
2022, though December 31, 2022, because, as explained below, there are 
no reviewable suspended entries for the two companies subject to this 
review.

DATES: Applicable November 3, 2023.

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, 2023, Commerce published in the Federal Register a notice 
of opportunity to request an administrative review of the 
countervailing duty order on non-refillable cylinders from China, 
covering the period January 1, 2022,

[[Page 75556]]

though December 31, 2022.\1\ On May 31, 2023, Ningbo Eagle Machinery & 
Technology Co., Ltd. (Ningbo Eagle) and Zhejiang KIN-SHINE Technology 
Co., Ltd. (Zhejiang KIN-SHINE) timely requested that Commerce conduct 
an administrative review.\2\ We received no other requests for review.
---------------------------------------------------------------------------

    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review and Join Annual Inquiry Service List, 88 FR 27445, 27447 (May 
2, 2023).
    \2\ See Ningbo Eagle and Zhejiang KIN-SHINE's Letter, ``Request 
for Administrative Review,'' dated May 31, 2023.
---------------------------------------------------------------------------

    On July 12, 2023, Commerce published in the Federal Register a 
notice of initiation of an administrative review with respect to Ningbo 
Eagle and Zhejiang KIN-SHINE, in accordance with section 751(a) of the 
Tariff Act of 1930, as amended (the Act).\3\ On July 13, 2023, Commerce 
released a memorandum indicating that there were no entries of subject 
merchandise during the POR based on a U.S. Customs and Border 
Protection (CBP) entry data query.\4\ Commerce provided parties an 
opportunity to submit comments on the data query results.\5\ No party 
submitted comments to Commerce.
---------------------------------------------------------------------------

    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 44262, 44273 (July 12, 2023).
    \4\ See Memorandum, ``Release of U.S. Customs and Border 
Protection Query,'' dated July 13, 2023.
    \5\ Id.
---------------------------------------------------------------------------

    On October 17, 2023, Commerce issued a notice of intent to rescind 
the 2022 administrative review and provided parties with an opportunity 
to comment.\6\ No party submitted comments to Commerce.
---------------------------------------------------------------------------

    \6\ See Memorandum, ``Notice of Intent to Rescind the 2022 
Administrative Review,'' dated October 17, 2023.
---------------------------------------------------------------------------

Rescission of Review

    Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to 
rescind an administrative review of a countervailing duty order where 
it concludes that there were no reviewable entries of subject 
merchandise during the POR for an exporter or producer.\7\ Normally, 
upon completion of an administrative review, the suspended entries are 
liquidated at the countervailing duty assessment rate for the review 
period.\8\ 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 countervailing duty assessment rate 
for the review period.\9\ As noted above, there were no entries of 
subject merchandise from either Ningbo Eagle or Zhejiang 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, in its entirety, in accordance with 19 CFR 
351.213(d)(3).
---------------------------------------------------------------------------

    \7\ 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); see 
also Certain Non-Refillable Steel Cylinders from the People's 
Republic of China: Rescission of Countervailing Duty Administrative 
Review; 2020-2021, 87 FR 64008 (October 21, 2022).
    \8\ See 19 CFR 351.212(b)(2).
    \9\ See 19 CFR 351.213(d)(3).
---------------------------------------------------------------------------

Cash Deposit Requirements

    As Commerce has proceeded to a final rescission of this 
administrative review, no cash deposit rates will change. Accordingly, 
the current cash deposit requirements shall remain in effect until 
further notice.

Assessment Rates

    Commerce will instruct CBP to assess countervailing duties on all 
appropriate entries. Countervailing duties 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.

Administrative Protective Order

    This notice serves as a final reminder to parties subject to an 
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(a)(3), 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 30, 2023.
Scot Fullerton,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2023-24284 Filed 11-2-23; 8:45 am]
BILLING CODE 3510-DS-P