Certain Non-Refillable Steel Cylinders From the People's Republic of China: Rescission of Countervailing Duty Administrative Review; 2022
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Issuing agencies
Abstract
The U.S. Department of Commerce (Commerce) is rescinding the administrative review of the countervailing duty order on certain non- refillable steel cylinders (non-refillable cylinders) from the People's Republic China (China), covering the period of review (POR) January 1, 2022, though December 31, 2022, because, as explained below, there are no reviewable suspended entries for the two companies subject to this review.
Full Text
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<title>Federal Register, Volume 88 Issue 212 (Friday, November 3, 2023)</title>
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[Federal Register Volume 88, Number 212 (Friday, November 3, 2023)]
[Notices]
[Pages 75555-75556]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24284]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-127]
Certain Non-Refillable Steel Cylinders From the People's Republic
of China: Rescission of Countervailing Duty Administrative Review; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is rescinding the
administrative review of the countervailing duty order on certain non-
refillable steel cylinders (non-refillable cylinders) from the People's
Republic China (China), covering the period of review (POR) January 1,
2022, though December 31, 2022, because, as explained below, there are
no reviewable suspended entries for the two companies subject to this
review.
DATES: Applicable November 3, 2023.
FOR FURTHER INFORMATION CONTACT: Kristen Johnson, 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) 482-4793.
SUPPLEMENTARY INFORMATION:
Background
On May 2, 2023, Commerce published in the Federal Register a notice
of opportunity to request an administrative review of the
countervailing duty order on non-refillable cylinders from China,
covering the period January 1, 2022,
[[Page 75556]]
though December 31, 2022.\1\ On May 31, 2023, Ningbo Eagle Machinery &
Technology Co., Ltd. (Ningbo Eagle) and Zhejiang KIN-SHINE Technology
Co., Ltd. (Zhejiang KIN-SHINE) timely requested that Commerce conduct
an administrative review.\2\ We received no other requests for review.
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review and Join Annual Inquiry Service List, 88 FR 27445, 27447 (May
2, 2023).
\2\ See Ningbo Eagle and Zhejiang KIN-SHINE's Letter, ``Request
for Administrative Review,'' dated May 31, 2023.
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On July 12, 2023, Commerce published in the Federal Register a
notice of initiation of an administrative review with respect to Ningbo
Eagle and Zhejiang KIN-SHINE, in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).\3\ On July 13, 2023, Commerce
released a memorandum indicating that there were no entries of subject
merchandise during the POR based on a U.S. Customs and Border
Protection (CBP) entry data query.\4\ Commerce provided parties an
opportunity to submit comments on the data query results.\5\ No party
submitted comments to Commerce.
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\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 44262, 44273 (July 12, 2023).
\4\ See Memorandum, ``Release of U.S. Customs and Border
Protection Query,'' dated July 13, 2023.
\5\ Id.
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On October 17, 2023, Commerce issued a notice of intent to rescind
the 2022 administrative review and provided parties with an opportunity
to comment.\6\ No party submitted comments to Commerce.
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\6\ See Memorandum, ``Notice of Intent to Rescind the 2022
Administrative Review,'' dated October 17, 2023.
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Rescission of Review
Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to
rescind an administrative review of a countervailing duty order where
it concludes that there were no reviewable entries of subject
merchandise during the POR for an exporter or producer.\7\ Normally,
upon completion of an administrative review, the suspended entries are
liquidated at the countervailing duty assessment rate for the review
period.\8\ Therefore, for an administrative review to be conducted,
there must be a reviewable, suspended entry that Commerce can instruct
CBP to liquidate at the calculated countervailing duty assessment rate
for the review period.\9\ As noted above, there were no entries of
subject merchandise from either Ningbo Eagle or Zhejiang KIN-SHINE
during the POR. Accordingly, in the absence of reviewable, suspended
entries of subject merchandise during the POR, we are rescinding this
administrative review, in its entirety, in accordance with 19 CFR
351.213(d)(3).
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\7\ See, e.g., Certain Softwood Lumber Products from Canada:
Final Results and Final Rescission, in Part, of the Countervailing
Duty Administrative Review, 2020, 87 FR 48455 (August 9, 2022); see
also Certain Non-Refillable Steel Cylinders from the People's
Republic of China: Rescission of Countervailing Duty Administrative
Review; 2020-2021, 87 FR 64008 (October 21, 2022).
\8\ See 19 CFR 351.212(b)(2).
\9\ See 19 CFR 351.213(d)(3).
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Cash Deposit Requirements
As Commerce has proceeded to a final rescission of this
administrative review, no cash deposit rates will change. Accordingly,
the current cash deposit requirements shall remain in effect until
further notice.
Assessment Rates
Commerce will instruct CBP to assess countervailing duties on all
appropriate entries. Countervailing duties shall be assessed at rates
equal to the cash deposit of estimated countervailing duties required
at the time of entry, or withdrawal from warehouse, for consumption, in
accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue
assessment instructions to CBP no earlier than 35 days after the date
of publication of this rescission notice in the Federal Register.
Administrative Protective Order
This notice serves as a final reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return or
destruction of the APO materials, or conversion to judicial protective
order is hereby requested. Failure to comply with regulations and terms
of an APO is a violation, which is subject to sanction.
Notification to Interested Parties
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(l) of the Act, and 19 CFR 351.213(d)(4).
Dated: October 30, 2023.
Scot Fullerton,
Associate Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2023-24284 Filed 11-2-23; 8:45 am]
BILLING CODE 3510-DS-P
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