[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]
-----------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\7\ Id.
---------------------------------------------------------------------------
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).
---------------------------------------------------------------------------
\8\ See Petitioner's Withdrawal of Review Request.
---------------------------------------------------------------------------
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).
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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'').
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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)
------------------------------------------------------------------------
Wuyi Xilinde Machinery Manufacture Co., Ltd................ 178.51
------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\21\ See 19 CFR 351.303.
---------------------------------------------------------------------------
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).
---------------------------------------------------------------------------
\22\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\27\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------
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