[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.

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

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
------------------------------------------------------------------------
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