[Federal Register Volume 89, Number 49 (Tuesday, March 12, 2024)]
[Notices]
[Pages 17814-17815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05227]


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DEPARTMENT OF COMMERCE

International Trade Administration

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


Non-Refillable Steel Cylinders From the People's Republic of 
China: Final Affirmative Determination of Circumvention of the 
Antidumping and Countervailing Duty Orders

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
non-refillable steel cylinders with water capacities between 100 and 
299 cubic inches produced in the People's Republic of China (China) and 
exported to the United States, are circumventing the antidumping duty 
(AD) and countervailing duty (CVD) orders on certain non-refillable 
steel cylinders (non-refillable cylinders) from China.

DATES: Applicable March 12, 2024.

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 AD 
and CVD orders on non-refillable cylinders from China.\1\ On June 1, 
2023, Commerce published the initiation of this circumvention 
inquiry.\2\ On November 21, 2023, Commerce published the affirmative 
Preliminary Determination of the circumvention inquiry of the AD and 
CVD Orders on non-refillable cylinders from China with respect to non-
refillable cylinders with water capacities between 100 and 299 cubic 
inches produced in China and exported to the United States.\3\ Although 
we invited parties to comment on the Preliminary Determination of this 
inquiry, we received no comments. Commerce conducted this circumvention 
inquiry pursuant to section 781(c) of the Tariff Act of 1930, as 
amended (the Act) and 19 CFR 351.226(j).
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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) (Orders).
    \2\ See Non-Refillable Steel Cylinders from the People's 
Republic of China: Initiation of Circumvention Inquiry of the 
Antidumping and Countervailing Duty Orders; Water Capacities Between 
100 and 299 Cubic Inches, 88 FR 35839 (June 1, 2023) (Initiation 
Notice).
    \3\ See Non-Refillable Steel Cylinders from the People's 
Republic of China: Affirmative Preliminary Determination of 
Circumvention of the Antidumping and Countervailing Duty Orders, 88 
FR 81051 (November 21, 2023) (Preliminary Determination), and 
accompanying Preliminary Decision Memorandum.
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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.

Merchandise Subject to the Circumvention Inquiry

    This circumvention inquiry covers non-refillable cylinders with 
water capacities between 100 and 299 cubic inches produced in China and 
exported to the United States.

Statutory and Regulatory Framework

    We conducted this circumvention inquiry pursuant to section 781(c) 
of the Act and 19 CFR 351.226(j). For a complete description of the 
methodology underlying the Preliminary Determination, see the 
Preliminary Decision Memorandum. The Preliminary Decision Memorandum is 
a public document and is on file electronically 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.

Affirmative Final Determination of Circumvention

    As detailed in the Preliminary Determination, we determine that 
non-refillable cylinders with water capacities between 100 and 299 
cubic inches produced in China and exported to the United States 
constitute merchandise altered in form or appearance in such minor 
respects that they should be included within the scope of the Orders, 
pursuant to section 781(c) of the Act and 19 CFR 351.226(j). Commerce 
continues to apply this affirmative circumvention finding on a country-
wide basis. Because we received no comments regarding our Preliminary 
Determination, our final determination remains unchanged from our 
Preliminary Determination, and no memorandum accompanies this notice. 
Therefore, we determine that it is appropriate to include this 
merchandise within the scope of the Orders and to instruct U.S. Customs 
and Border Protection (CBP) to continue to suspend any entries of non-
refillable cylinders with water capacities between 100 and 299 cubic 
inches produced in China and exported to the United States.

Suspension of Liquidation and Cash Deposit Requirements

    In accordance with 19 CFR 351.226(l)(3), based on this final 
determination in this circumvention inquiry, Commerce will direct CBP 
to begin or continue to suspend liquidation and to require cash 
deposits of estimated duties equal to the AD and CVD rates in effect 
for non-refillable cylinders from China with water capacities between 
100 and 299 cubic inches produced in China and exported

[[Page 17815]]

to the United States that are entered, or withdrawn from warehouse, for 
consumption on or after June 1, 2023 (i.e., the date of the initiation 
of this inquiry).\4\ The suspension of liquidation and cash deposit 
requirements will remain in effect until further notice.
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    \4\ See Initiation Notice.
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Administrative Protective Order

    This notice will serve as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return/destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.

Notification to Interested Parties

    Commerce is issuing and publishing this affirmative final 
determination of circumvention in accordance with sections 781(c) of 
the Act and 19 CFR 351.226(g)(2).

    Dated: March 6, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.
[FR Doc. 2024-05227 Filed 3-11-24; 8:45 am]
BILLING CODE 3510-DS-P