[Federal Register Volume 89, Number 115 (Thursday, June 13, 2024)]
[Notices]
[Pages 50257-50260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13040]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-912, C-533-913]
Certain Non-Refillable Steel Cylinders From India: Antidumping
Duty and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the U.S.
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC), Commerce is issuing antidumping duty (AD) and
countervailing duty (CVD) orders on certain non-refillable steel
cylinders (steel cylinders) from India.
DATES: Applicable June 13, 2024.
FOR FURTHER INFORMATION CONTACT: Shane Subler (CVD), Rachel Accorsi
(CVD), Benito Ballesteros (AD), or Samuel Evans (AD), AD/CVD
Operations, Offices VIII and IX, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
6241, (202) 482-3149, (202) 482-7425, or (202) 482-2420, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with section 705(d) of the Tariff Act of 1930, as
amended (the Act), on April 22, 2024, Commerce published its
affirmative final determination that countervailable subsidies are
being provided to producers and exporters of steel cylinders from
India.\1\ Also on April 22, 2024, in accordance with section 735(d) of
the Act, Commerce published its affirmative final determination in the
less-than-fair-value (LTFV) investigation of steel cylinders from
India.\2\
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\1\ See Certain Non-Refillable Steel Cylinders from India: Final
Affirmative Countervailing Duty Determination, 89 FR 29296 (April
22, 2024) (CVD Final Determination), and accompanying Issues and
Decision Memorandum (IDM).
\2\ See Final Affirmative Determination in the Less-Than-Fair-
Value Investigation of Certain Non-Refillable Steel Cylinders from
India, 89 FR 29294 (April 22, 2024), and accompanying IDM.
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On June 6, 2024, pursuant to sections 705(d) and 735(d) of the Act,
the ITC notified Commerce of its final affirmative determinations that
an industry in the United States is materially injured by reason of
subsidized imports of steel cylinders from India within the meaning of
section 705(b)(1)(A)(i) of the Act and LTFV imports of steel cylinders
from India within the meaning of section 735(b)(1)(A)(i) of the Act.\3\
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\3\ See ITC's Letter, ``Notification of ITC Final
Determinations,'' dated June 6, 2024 (ITC Notification Letter).
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Scope of the Orders
The products covered by these orders are steel cylinders from
India. For a complete description of the scope of the orders, see the
appendix to this notice.
AD Order
On June 6, 2024, in accordance with section 735(d) of the Act, the
ITC notified Commerce of its final determination that an industry in
the United States is materially injured within the meaning of section
735(b)(1)(A)(i) of the Act by reason of imports of steel cylinders from
India that are sold in the United States at LTFV.\4\ Therefore, in
accordance with sections 735(c)(2) and 736 of the Act, Commerce is
issuing this AD order. Moreover, because the ITC determined that
imports of steel cylinders from India are materially injuring a U.S.
industry, unliquidated entries of such merchandise from India entered
or withdrawn from warehouse for consumption are subject to the
assessment of ADs.
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\4\ Id.
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[[Page 50258]]
Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, ADs equal to the amount
by which the normal value of the merchandise exceeds the export price
(or constructed export price) of the merchandise on all relevant
entries of steel cylinders from India. ADs will be assessed on
unliquidated entries of steel cylinders entered, or withdrawn from
warehouse, for consumption on or after December 1, 2023, the date of
publication of the AD Preliminary Determination,\5\ but will not
include entries occurring after the expiration of the provisional
measures period and before publication of the ITC's final injury
determination, as further described below.
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\5\ See Certain Non-Refillable Steel Cylinders From India:
Preliminary Affirmative Determination of Sales at Less Than Fair
Value, Postponement of Final Determination, and Extension of
Provisional Measures, 88 FR 83906 (December 1, 2023) (AD Preliminary
Determination).
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Continuation of Suspension of Liquidation and Cash Deposits--AD
Except as noted in the ``Provisional Measures--AD'' section of this
notice, in accordance with section 736 of the Act, Commerce intends to
instruct CBP to continue to suspend liquidation on all relevant entries
of steel cylinders from India. These instructions suspending
liquidation will remain in effect until further notice.
Commerce also intends to instruct CBP to require cash deposits
equal to the estimated weighted-average dumping margins indicated in
the table below, adjusted by the relevant subsidy offsets. Accordingly,
effective on the date of publication in the Federal Register of the
notice of the ITC's final affirmative injury determination, CBP will
require, at the same time as importers would normally deposit estimated
customs duties on subject merchandise, a cash deposit equal to the
rates listed in the table below. The all-others rate applies to all
producers or exporters not specifically listed, as appropriate.\6\
Because the estimated weighted-average dumping margin is zero for
subject merchandise produced and exported by Inox, entries of shipments
of subject merchandise from this producer/exporter combination are
excluded from the AD order on subject merchandise from India. This
exclusion will not be applicable to merchandise exported to the United
States by this respondent in any other producer/exporter combination or
by third parties that sourced subject merchandise from the excluded
producer/exporter combination.
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\6\ As noted below, merchandise produced and exported by Inox
India Limited (Inox) is excluded from the AD order. Therefore, the
all-others rate applies to entries of any merchandise produced by
Inox and exported by any other company or merchandise produced by
any other company and exported by Inox.
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Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
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\7\ In the companion CVD investigation, Commerce calculated a
2.14 percent export subsidy rate for Bhiwadi Cylinders Private
Limited and Sapphire (India) Private Limited. See CVD Final
Determination IDM at 7-10.
\8\ Merchandise produced and exported by Inox is excluded from
the AD order. This exclusion does not apply to merchandise produced
by Inox and exported by any other company or merchandise produced by
any other company and exported by Inox. Resellers of merchandise
produced by Inox are also not entitled to this exclusion.
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Cash deposit rate
Estimated weighted- (adjusted for
Exporter/producer average dumping subsidy offsets)
margin (percent) (percent) \7\
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Bhiwadi Cylinders Private 6.27 4.13
Limited; Sapphire (India)
Private Limited................
Inox India Limited \8\.......... 0.00 0.00
All Others...................... 6.27 4.13
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Provisional Measures--AD
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
that Commerce extend the four-month period to no more than six months.
At the request of exporters that accounted for a significant proportion
of exports of steel cylinders from India, Commerce extended the four-
month period to no more than six months.\9\ Commerce published the AD
Preliminary Determination on December 1, 2023. Therefore, the six-month
period beginning on the date of the publication of the AD Preliminary
Determination ended on May 28, 2024. Pursuant to section 737(b) of the
Act, the collection of cash deposits at the rates listed above will
begin on the date of publication of the ITC's final injury
determination. Therefore, in accordance with section 736(a)(1) of the
Act and our practice, Commerce will instruct CBP to terminate the
suspension of liquidation and to liquidate, without regard to ADs,
unliquidated entries of steel cylinders from India entered, or
withdrawn from warehouse, for consumption on May 29, 2024, the first
day provisional measures were no longer in effect, until and through
the day preceding the date of publication of the ITC's final injury
determination in the Federal Register. Suspension of liquidation and
the collection of cash deposits will resume on the date of publication
of the ITC's final determination in the Federal Register.
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\9\ See AD Preliminary Determination, 88 FR at 83908.
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CVD Order
As stated above, based on the above-referenced affirmative final
determination by the ITC that an industry in the United States is
materially injured within the meaning of section 705(b)(1)(A)(i) of the
Act by reason of subsidized imports of steel cylinders from India,\10\
in accordance with section 705(c)(2) of the Act, Commerce is issuing
this CVD order. Moreover, because the ITC determined that imports of
steel cylinders from India are materially injuring a U.S. industry,
unliquidated entries of subject merchandise from India entered, or
withdrawn from warehouse, for consumption, are subject to the
assessment of CVDs.
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\10\ See ITC Notification Letter.
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Therefore, in accordance with section 706(a) of the Act, Commerce
intends to direct CBP to assess, upon further instruction by Commerce,
CVDs on all relevant entries of steel cylinders from India, which are
entered, or withdrawn from warehouse, for consumption on or after
September 29, 2023, the date of publication of the CVD Preliminary
Determination, but will not include entries occurring after the
expiration of
[[Page 50259]]
the provisional measures period and before the publication of the ITC's
final injury determination under section 705(b) of the Act, as further
described in the ``Provisional Measures--CVD'' section of this
notice.\11\
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\11\ See Certain Non-Refillable Steel Cylinders from India:
Preliminary Affirmative Countervailing Duty Determination and
Alignment of Final Determination With Final Antidumping Duty
Determination, 88 FR 67231 (September 29, 2023) (CVD Preliminary
Determination).
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Suspension of Liquidation and Cash Deposits--CVD
In accordance with section 706 of the Act, Commerce intends to
instruct CBP to reinstitute the suspension of liquidation of steel
cylinders from India, effective on the date of publication of the ITC's
final affirmative injury determination in the Federal Register. These
instructions suspending liquidation will remain in effect until further
notice.
Commerce also intends, pursuant to section 706(a)(1) of the Act, to
instruct CBP to require cash deposits equal to the amounts as indicated
below. Accordingly, effective on the date of publication of the ITC's
final affirmative injury determination in the Federal Register, CBP
must require, at the same time as importers would deposit estimated
normal customs duties on the subject merchandise, a cash deposit for
each entry of subject merchandise equal to the subsidy rates listed
below. The all-others rate applies to all producers or exporters not
specifically listed below, as appropriate.
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\12\ Commerce found the following company to be cross-owned with
Bhiwadi Cylinders Private Limited: Sapphire (India) Private Limited.
See CVD Final Determination, 89 FR at 29297.
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Estimated Countervailable Subsidy Rates
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Subsidy rate
Company (percent ad
valorem)
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Bhiwadi Cylinders Private Limited \12\.................. 2.48
Inox India Ltd.......................................... 2.26
All Others.............................................. 2.38
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Provisional Measures--CVD
Section 703(d) of the Act states that the suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months. Commerce published the CVD
Preliminary Determination on September 29, 2023.\13\ As such, the four-
month period beginning on the date of the publication of the CVD
Preliminary Determination ended on January 26, 2024.
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\13\ See CVD Preliminary Determination.
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Therefore, in accordance with section 703(d) of the Act, we
instructed CBP to terminate the suspension of liquidation and to
liquidate, without regard to CVDs, unliquidated entries of steel
cylinders from India entered, or withdrawn from warehouse, for
consumption, on or after January 27, 2024, the date on which the
provisional measures expired, until and through the day preceding the
date of publication of the ITC's final injury determination in the
Federal Register. Suspension of liquidation and the collection of cash
deposits will resume on the date of publication of the ITC's final
determination in the Federal Register.
Establishment of the Annual Inquiry Service Lists
On September 20, 2021, Commerce published the Final Rule in the
Federal Register.\14\ On September 27, 2021, Commerce also published
the Procedural Guidance in the Federal Register.\15\ The Final Rule and
Procedural Guidance provide that Commerce will maintain an annual
inquiry service list for each order or suspended investigation, and any
interested party submitting a scope ruling application or request for
circumvention inquiry shall serve a copy of the application or request
on the persons on the annual inquiry service list for that order, as
well as any companion order covering the same merchandise from the same
country of origin.\16\
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\14\ See Regulations to Improve Administration and Enforcement
of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September
20, 2021) (Final Rule).
\15\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\16\ Id.
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In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the
notice of the order. Each annual inquiry service list will be saved in
ACCESS, under each case number, and under a specific segment type
called ``AISL-Annual Inquiry Service List.'' \17\
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\17\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the Procedural Guidance,\18\ the new annual
inquiry service list will be in place until the following year, when
the Opportunity Notice for the anniversary month of the order is
published.
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\18\ See Procedural Guidance, 86 FR at 53206.
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Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website at https://access.trade.gov.
Special Instructions for Petitioners and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \19\ Accordingly, as stated
above, the petitioner and the Government of India should submit their
initial entries of appearance after publication of this notice in order
to appear in the first annual inquiry service lists for these orders.
Pursuant to 19 CFR 351.225(n)(3), the petitioner and the Government of
India will not need to resubmit their entries of appearance each year
to continue to be included on the annual inquiry service list. However,
the petitioner and the Government of India are responsible for making
amendments to their entries of appearance during the annual update to
the annual inquiry service list in
[[Page 50260]]
accordance with the procedures described above.
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\19\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties
This notice constitutes the AD and CVD orders with respect to steel
cylinders from India, pursuant to sections 706(a) and 736(a) of the
Act. Interested parties can find a list of AD and CVD orders currently
in effect at https://enforcement.trade.gov/stats/iastats1.html.
These AD and CVD orders are issued and published in accordance with
sections 706(a) and 736(a) of the Act, and 19 CFR 351.211(b).
Dated: June 7, 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.
Appendix
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 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 100-cubic inch (1.6 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 are 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
7310.29.0030 and 7310.29.0065. Although the HTSUS statistical
reporting numbers are provided for convenience and customs purposes,
the written description of the merchandise is dispositive.
[FR Doc. 2024-13040 Filed 6-12-24; 8:45 am]
BILLING CODE 3510-DS-P