Notice2023-12053
Non-Refillable Steel Cylinders From the People's Republic of China: Preliminary Results and Preliminary Determination of No Shipments of the Antidumping Duty Administrative Review; 2020-2022
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 6, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that certain producers and or/exporters made sales of non- refillable steel cylinders (NRSCs) from the People's Republic of China (China) at less than normal value, and one company had no shipments of subject merchandise during the period of review (POR) October 30, 2020, through April 30, 2022. Interested parties are invited to comment on the preliminary results of this review.
Full Text
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<title>Federal Register, Volume 88 Issue 108 (Tuesday, June 6, 2023)</title>
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[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Notices]
[Pages 37024-37027]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12053]
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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 and Preliminary Determination of No
Shipments of the Antidumping Duty Administrative Review; 2020-2022
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 (NRSCs) from the People's Republic of China
(China) at less than normal value, and one company had no shipments of
subject merchandise during the period of review (POR) October 30, 2020,
through April 30, 2022. Interested parties are invited to comment on
the preliminary results of this review.
DATES: Applicable June 6, 2023.
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
antidumping duty order on NRSCs from China.\1\ On May 2, 2022, Commerce
published a notice of opportunity to request an administrative review
of the Order, covering the POR, pursuant to
[[Page 37025]]
section 751(a)(1) of the Tariff Act of 1930, as amended (the Act).\2\
On July 14, 2022, based on timely requests for review, Commerce
initiated an administrative review of the Order covering the POR.\3\
The administrative review covers four companies, including the
mandatory respondent, Wuyi Xilinde Machinery Manufacture Co., Ltd.
(Wuyi Xilinde).\4\ On January 18, 2023, in accordance with section
751(a)(3)(A) of the Act, Commerce extended the deadline for the
preliminary results of this review until May 31, 2023.\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 Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 25619 (May 2,
2022).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 42144 (July 14, 2022) (Initiation
Notice).
\4\ See Memorandum, ``Respondent Selection,'' dated September
20, 2022.
\5\ See Memorandum, ``Extension of Time Limits for the
Preliminary Results of the Antidumping Duty Administrative Review;
2020-2022,'' dated January 18, 2023.
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For a detailed description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\6\
A list of topics discussed in the Preliminary Decision Memorandum is
attached as the appendix to this notice. The Preliminary Decision
Memorandum is a public document and is available via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
<a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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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;
2020-2022,'' 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.
Preliminary Determination of No Shipments
Based on information on the record, we preliminarily determine that
Zhejiang Kin-Shine Technology Co., Ltd. (Zhejiang Kin-Shine) had no
shipments of subject merchandise during the POR. Consistent with our
practice in non-market economy cases, we are not rescinding this review
with respect to this company but, rather, intend to complete the review
and issue appropriate instructions to U.S. Customs and Border
Protection (CBP) based on the final results of the review.\7\ For
additional information regarding this preliminary determination, see
the Preliminary Decision Memorandum.
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\7\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 October 24, 2011) (NME
AD Assessment); see also the ``Assessment Rates'' section, infra.
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Separate Rates
Commerce preliminarily determines that two companies, Ningbo Eagle
Machinery & Technology Co., Ltd. (Ningbo Eagle) and Sanjiang Kai Yuan
Co. Ltd. (SKY), which were not selected for individual examination, are
eligible for separate rates in this administrative review.\8\ The Act
and Commerce's regulations do not address the establishment of a
separate rate to be applied to companies not selected for individual
examination when Commerce limits its examination in an administrative
review pursuant to section 777A(c)(2) of the Act. Generally, Commerce
looks to section 735(c)(5) of the Act, which provides instructions for
calculating the all-others rate in an investigation, for guidance when
calculating the rate for separate rate respondents which Commerce did
not examine individually in an administrative review. Section
735(c)(5)(A) of the Act states that the all-others rate should be
calculated by averaging the weighted-average dumping margins calculated
for individually-examined respondents, excluding dumping margins that
are zero, de minimis, or based entirely on facts available. For the
preliminary results of this review, Commerce determined the estimated
dumping margin for Wuyi Xilinde to be 72.76 percent. For the reasons
explained in the Preliminary Decision Memorandum, we are assigning the
72.76 percent weighted-average dumping margin calculated for Wuyi
Xilinde to the two non-examined respondents which qualify for a
separate rate in this review, consistent with Commerce's practice and
section 735(c)(5)(A) of the Act.
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\8\ See Preliminary Decision Memorandum at the ``Separate Rate
Determination'' section for more details.
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China-Wide Entity
Under Commerce's policy regarding the conditional review of the
China-wide entity,\9\ 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., 101.67 percent) is not subject to change.\10\
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\9\ 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).
\10\ See Order.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. For a full description of the methodology
underlying our conclusions, see the Preliminary Decision Memorandum.
Preliminary Results of Review
Commerce preliminarily determines that the following weighted-
average dumping margins exist for the period October 30, 2020, through
April 30, 2022:
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Weighted-
average
Exporter dumping
margin
(percent)
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Wuyi Xilinde Machinery Manufacture Co., Ltd................. 72.76
Ningbo Eagle Machinery & Technology Co., Ltd................ 72.76
Sanjiang Kai Yuan Co. Ltd................................... 72.76
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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
Interested parties will be provided an opportunity to submit
written comments (case briefs) at a date to be determined by Commerce.
Rebuttal briefs, limited to issues raised in the case briefs, may be
filed not later than seven days after the date for filing case
briefs.\11\ Pursuant to 19 CFR
[[Page 37026]]
351.309(d)(2), rebuttal briefs must be limited to issues raised in the
case briefs.\12\ Note that Commerce has temporarily modified certain of
its requirements for serving documents containing business proprietary
information, until further notice.\13\ Parties who submit case briefs
or rebuttal briefs in this proceeding are encouraged to submit with
each argument: (1) a statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.\14\
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\11\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007
(March 26, 2020) (``To provide adequate time for release of case
briefs via ACCESS, E&C intends to schedule the due date for all
rebuttal briefs to be 7 days after case briefs are filed (while
these modifications remain in effect).'').
\12\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\13\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
\14\ See 19 CFR 351.309(c)(2) and (d)(2); see also 19 CFR
351.303 (for general filing requirements).
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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.
Unless the deadline is 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.\15\ If Wuyi Xilinde's ad valorem weighted-average dumping
margin is not zero or de minimis (i.e., less than 0.50 percent) in the
final results of this review, Commerce will calculate importer-specific
assessment rates for that respondent, in accordance with 19 CFR
351.212(b)(1).\16\ Pursuant to 19 CFR 351.212(b)(1), where the
respondent reported the entered value of its U.S. sales, we will
calculate importer-specific ad valorem duty assessment rates based on
the ratio of the total amount of dumping calculated for the examined
sales to the total entered value of the sales for which entered value
was reported. Where the respondent did not report entered value, we
will calculate importer-specific per-unit duty assessment rates based
on the ratio of the total amount of antidumping duties calculated for
the examined sales to the total quantity of those sales. To determine
whether an importer-specific, per-unit assessment rate is de minimis,
in accordance with 19 CFR 351.106(c)(2), we also will calculate an
importer-specific ad valorem ratio based on estimated entered values.
If, in the final results, Wuyi Xilinde's weighted-average dumping
margin is zero or de minimis (i.e., less than 0.5 percent), Commerce
will instruct CBP to liquidate the appropriate entries for that
respondent without regard to antidumping duties.\17\
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\15\ See 19 CFR 351.212(b)(1).
\16\ 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).
\17\ See 19 CFR 351.106(c)(2).
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For entries that were not reported in the U.S. sales database
submitted by Wuyi Xilinde during this review, Commerce will instruct
CBP to liquidate such entries at the China-wide rate (i.e., 101.67
percent). In addition, if we continue to find no shipments of subject
merchandise for Zhejiang Kin-Shine, for which we preliminarily find no
such shipments during the POR, any suspended entries of subject
merchandise associated with this company will be liquidated at the
China-wide rate.\18\ For Ningbo Eagle and SKY, the respondents that
were not selected for individual examination in this administrative
review that qualified for a separate rate, the assessment rate will be
the separate rate established in the final results of this
administrative review for Wuyi Xilinde.
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\18\ See NME AD Assessment.
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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).
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 companies listed above that have 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 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 cash 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).
[[Page 37027]]
Dated: May 31, 2023.
Lisa W. Wang,
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. Discussion of the Methodology
V. Currency Conversion
VI. Adjustment Under Section 777A(f) of the Act
VII. Recommendation
[FR Doc. 2023-12053 Filed 6-5-23; 8:45 am]
BILLING CODE 3510-DS-P
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