[Federal Register Volume 89, Number 110 (Thursday, June 6, 2024)]
[Notices]
[Pages 48370-48373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12347]


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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, Partial Rescission, and Intent To Rescind, 
in Part, of the Antidumping Duty Administrative Review; 2022-2023

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 (non-refillable cylinders) at less than 
normal value (NV) during the period of review (POR) May 1, 2022, 
through April 30, 2023. Additionally, Commerce is rescinding this 
administrative review with respect to certain companies, and Commerce 
intends to rescind the review, in part, with respect to one company. 
Interested parties are invited to comment on the preliminary results of 
this review.

DATES: Applicable June 6, 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 July 12, 2023, in response to review requests from multiple 
parties, Commerce published the notice of initiation of an 
administrative review of the antidumping duty order on non-refillable 
cylinders from China,\1\ covering four companies.\2\ On September 22, 
2023, we selected Wuyi Xilinde Machinery Manufacture Co., Ltd. (Wuyi 
Xilinde) and Sanjiang Kai Yuan Co. Ltd. (SKY) as mandatory 
respondents.\3\ On September 26, 2023, Worthing Industries (the 
petitioner) timely withdrew the sole review request for SKY.\4\ On 
January 10, 2024, we extended the deadline for these preliminary 
results of review until May 30, 2024.\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 Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 44262 (July 12, 2023) (Initiation 
Notice).
    \3\ See Memorandum, ``Respondent Selection,'' dated September 
22, 2023.
    \4\ See Petitioner's Letter, ``Withdrawal of Request for 2022-
2023 Antidumping Administrative Review,'' dated September 26, 2023 
(Petitioner's Withdrawal of Review Request).
    \5\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated January 
10, 2024.
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    For a summary of the events that occurred since the initiation of 
this review and the analysis for these preliminary results, see the 
Preliminary Decision Memorandum.\6\ The Preliminary Decision Memorandum 
is a public document and is on file electronically via Enforcement and 
Compliance's Antidumping and

[[Page 48371]]

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. A list of topics discussed in the Preliminary 
Decision Memorandum is included as an appendix to this notice.
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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; 
2022-2023,'' 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.\7\
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    \7\ Id.
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Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the 
Act). We calculated export prices for Wuyi Xilinde Machinery 
Manufacture Co., Ltd. (Wuyi Xilinde) in accordance with section 772(a) 
of the Act. Because China is a non-market economy (NME) country within 
the meaning of section 771(18) of the Act, we calculated NV in 
accordance with section 773(c) of the Act. For a full description of 
the methodology underlying our conclusions, see the Preliminary 
Decision Memorandum.

Rescission of Review, in Part

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the party that requested 
a review withdraws its request within 90 days of the date of 
publication of the notice of initiation. The sole request for an 
administrative review of SKY was timely withdrawn within 90 days of the 
publication of the Initiation Notice.\8\ As a result, Commerce is 
rescinding this review with respect to SKY in accordance with 19 CFR 
351.213(d)(1).
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    \8\ See Petitioner's Withdrawal of Review Request.
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    Additionally, pursuant to section 751(a)(2)(C) of the Act, there 
must be a suspended POR entry on which duties may be assessed. On July 
25, 2023, Commerce placed U.S. Customs and Border Protection (CBP) 
entry data during the POR on the record for respondent selection 
purposes.\9\ On May 11, 2024, Commerce notified interested parties of 
its intent to rescind this review with respect to Zhejiang Kin-Shine 
Technology Co., Ltd. (Kin-Shine), as it did not have suspended entries 
during the POR.\10\ No parties commented on our intent to rescind. As 
such, Commerce is rescinding this review with respect to Kin-Shine in 
accordance with 19 CFR 351.213(d)(3).
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    \9\ See Memorandum, ``Release of U.S. Customs and Border 
Protection Data,'' dated July 25, 2023 (CBP Data Memorandum).
    \10\ See Memorandum, ``Notice of Intent to Rescind Review, In 
Part,'' dated May 13, 2024.
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Intent To Rescind, in Part

    As noted above, pursuant to 19 CFR 351.213(d)(3), it is Commerce's 
practice to rescind an administrative review of an antidumping duty 
order where it determines that there were no suspended entries of 
subject merchandise during the POR.\11\ Normally, upon completion of an 
administrative review, the suspended entries are liquidated at the 
antidumping duty assessment rate for the review period.\12\ Therefore, 
for an administrative review to be conducted, there must be a suspended 
entry that Commerce can instruct CBP to liquidate at the calculated 
antidumping duty assessment rate for the review period.\13\
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    \11\ See, e.g., Certain Carbon and Alloy Steel Cut-to Length 
Plate from the Federal Republic of Germany: Recission of Antidumping 
Administrative Review; 2020-2021, 88 FR 4157 (January 24, 2023).
    \12\ See 19 CFR 351.212(b)(1).
    \13\ See, e.g., Shanghai Sunbeauty Trading Co. v. United States, 
380 F. Supp. 3d 1328, 1335-36 (CIT 2019), at 12 (referring to 
section 751(a) of the Act, the U.S. Court of International Trade 
held that: ``While the statute does not explicitly require that an 
entry be suspended as a prerequisite for establishing entitlement to 
a review, it does explicitly state the determined rate will be used 
as the liquidation rate for the reviewed entries. This result can 
only obtain if the liquidation of entries has been suspended . . . 
;'' see also Certain Frozen Fish Fillets from the Socialist Republic 
of Vietnam: Final Results of Antidumping Duty Administrative Review 
and Final Determination of No Shipments; 2018-2019, 86 FR 36102, and 
accompanying Issues and Decision Memorandum at Comment 4; and Solid 
Fertilizer Grade Ammonium Nitrate from the Russian Federation: 
Notice of Rescission of Antidumping Duty Administrative Review, 77 
FR 65532 (October 29, 2012) (noting that ``for an administrative 
review to be conducted, there must be a reviewable, suspended entry 
to be liquidated at the newly calculated assessment rate'').
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    As discussed in greater detail in the Preliminary Decision 
Memorandum, the POR entry totals reflected in the data query provided 
at Attachment 1 of the CBP Data Memorandum reflected no POR entries of 
subject merchandise from Ningbo Eagle Machinery & Technology Co., Ltd. 
(Ningbo Eagle). In the absence of any suspended entries of subject 
merchandise from Ningbo Eagle during the POR, Commerce hereby notifies 
all interested parties of its intent to rescind this administrative 
review with respect to this company. Commerce is providing interested 
parties with an opportunity to submit comments on this preliminary 
decision, including factual information. Comments, including factual 
information, from interested parties are due to Commerce no later than 
5:00 p.m. Eastern Time (ET) on June 7, 2024. Rebuttal comments, 
including rebuttal factual information, are due seven days thereafter, 
by 5:00 p.m. ET on June 14, 2024. All submissions must be filed 
electronically at https://access.trade.gov in accordance with 19 CFR 
351.303.

China-Wide Entity

    Under Commerce's policy regarding the conditional review of the 
China-wide entity,\14\ 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., 112.21 percent) is not subject to change.\15\
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    \14\ 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).
    \15\ See Order.
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Preliminary Results of Review

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margin exists for the period May 1, 2022, 
through April 30, 2023:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                          Exporter                             dumping
                                                                margin
                                                              (percent)
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Wuyi Xilinde Machinery Manufacture Co., Ltd................      178.51
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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

    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs or other written comments to the Assistant Secretary for 
Enforcement and Compliance no later than 30 days after the date of 
publication of this notice.

[[Page 48372]]

Rebuttal briefs, limited to issues raised in the case briefs, may be 
filed not later than five days after the date for filing case 
briefs.\16\ Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be 
limited to issues raised in the case briefs.\17\ Parties who submit 
case briefs or rebuttal briefs in this proceeding must submit: (1) a 
table of contents listing each issue; and (2) a table of 
authorities.\18\
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    \16\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \17\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
    \18\ See 19 CFR 351.309(c)(2) and (d)(2); see also 19 CFR 
351.303 (for general filing requirements).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this administrative review, we instead 
request that interested parties provide, at the beginning of their 
briefs, a public executive summary for each issue raised in their 
briefs.\19\ Further, we request that interested parties limit their 
public executive summary of each issue to no more than 450 words, not 
including citations. We intend to use the public executive summaries as 
the basis of the comment summaries included in the issues and decision 
memorandum that will accompany the final results of this administrative 
review. We request that interested parties include footnotes for 
relevant citations in the public executive summary of each issue. Note 
that Commerce has amended certain of its requirements pertaining to the 
service of documents in 19 CFR 351.303(f).\20\
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    \19\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \20\ See APO and Service Final Rule.
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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.
    All submissions, including case and rebuttal briefs, as well as 
hearing requests, should be filed via ACCESS.\21\ An electronically 
filed document must be received successfully in its entirety by ACCESS 
by 5:00 p.m. Eastern Time on the established deadline.
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    \21\ See 19 CFR 351.303.
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Final Results of Review

    Unless 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.\22\ 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).
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    \22\ See 19 CFR 351.212(b)(1).
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    We will calculate importer/customer-specific assessment rates equal 
to the ratio of the total amount of dumping calculated for examined 
sales to a particular importer/customer to the total entered value of 
those sales, in accordance with 19 CFR 351.212(b)(1).\23\ Where the 
respondent reported reliable entered values, Commerce intends to 
calculate importer/customer-specific ad valorem assessment rates by 
dividing the total amount of dumping calculated for all reviewed U.S. 
sales to the importer/customer by the total entered value of the 
merchandise sold to the importer/customer.\24\ Where the respondent did 
not report entered values, Commerce will calculate importer/customer-
specific assessment rates by dividing the total amount of dumping 
calculated for all reviewed U.S. sales to the importer/customer by the 
total quantity of those sales. Commerce will calculate an estimated ad 
valorem importer/customer-specific assessment rate to determine whether 
the per-unit assessment rate is de minimis; however, Commerce will use 
the per-unit assessment rate where entered values were not 
reported.\25\ Where an importer/customer-specific ad valorem assessment 
rate is not zero or de minimis, Commerce will instruct CBP to collect 
the appropriate duties at the time of liquidation. Where either the 
respondent's ad valorem weighted-average dumping margin is zero or de 
minimis, or an importer/customer-specific ad valorem assessment rate is 
zero or de minimis,\26\ Commerce will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties.
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    \23\ 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).
    \24\ See 19 CFR 351.212(b)(1).
    \25\ Id.
    \26\ See 19 CFR 351.106(c)(2).
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    Pursuant to Commerce's refinement to its practice, for sales that 
were not reported in the U.S. sales database submitted by a respondent 
individually examined during this review, Commerce will instruct CBP to 
liquidate the entry of such merchandise at the dumping margin assigned 
to the China-wide entity.\27\
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    \27\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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    In accordance with section 751(a)(2)(C) of the Act, the final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by the final 
results of this review and for future deposits of estimated antidumping 
duties, where applicable.

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 company listed above that has 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

[[Page 48373]]

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 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).

    Dated: May 30, 2024.
Abdelali Elouaradia,
Deputy 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. Rescission of the Review, in Part
V. Intent To Rescind Review, in Part
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation

[FR Doc. 2024-12347 Filed 6-5-24; 8:45 am]
BILLING CODE 3510-DS-P