Notice2023-26860
Non-Refillable Steel Cylinders From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 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
December 7, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that certain producers and/or exporters made sales of non-refillable steel cylinders (non-refillable cylinders) 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.
Full Text
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<title>Federal Register, Volume 88 Issue 234 (Thursday, December 7, 2023)</title>
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[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Notices]
[Pages 85217-85219]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26860]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-126]
Non-Refillable Steel Cylinders From the People's Republic of
China: Final Results of Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2020-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain producers and/or exporters made sales of non-refillable steel
cylinders (non-refillable cylinders) 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.
DATES: Applicable December 7, 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 June 6, 2023, Commerce published the Preliminary Results.\1\ We
invited interested parties to comment on the Preliminary Results.\2\
For events subsequent to the Preliminary Results, see the Issues and
Decision Memorandum.\3\ On September 22, 2023, in accordance with
section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act),
Commerce extended the deadline for these final results until December
1, 2023.\4\
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\1\ See 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, 88 FR 37024 (June 6, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\2\ See Preliminary Results, 88 FR at 37025.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Antidumping Duty Administrative Review of
Certain Non-Refillable Steel Cylinders from the People's Republic of
China; 2020-2022,'' dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
\4\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated September 22, 2023.
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Scope of the Order <SUP>5</SUP>
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\5\ 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).
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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 Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised by interested parties in briefs are addressed in
the Issues and Decision Memorandum. A list of the issues addressed in
the Issues and Decision Memorandum is provided in the appendix to this
notice. The Issues and Decision Memorandum is a public document and is
on file electronically 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 Issues and Decision Memorandum can
be accessed at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on our analysis of the comments received from interested
parties regarding our Preliminary Results, we made certain changes to
the margin calculation for mandatory respondent Wuyi Xilinde Machinery
Manufacture Co., Ltd. (Wuyi Xilinde), and consequently, the rate
assigned to the non-examined separate rate respondents.\6\ For detailed
information, see the Issues and Decision Memorandum.
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\6\ See Memoranda, ``Final Results Analysis Memorandum for Wuyi
Xilinde Machinery Manufacture Co., Ltd.,'' dated concurrently with
this notice; and ``Surrogate Values for the Final Results,'' dated
concurrently with this notice.
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Final Determination of No Shipments
In the Preliminary Results, we preliminarily determined that
Zhejiang Kin-Shine Technology Co., Ltd. (Zhejiang Kin-Shine) had no
shipments of subject merchandise to the United States during the
POR.\7\ No party filed comments with respect to this preliminary
determination, and we received no information to contradict it.
Therefore, we continue to find that Zhejiang Kin-Shine had no shipments
of subject merchandise during the POR and will issue appropriate
liquidation instructions that are consistent with our ``automatic
assessment'' instructions for these final results.\8\
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\7\ See Preliminary Results, 88 FR at 37025.
\8\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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Separate Rate Respondents
In our Preliminary Results, we determined that Wuyi Xilinde, and
two other companies demonstrated their eligibility for separate
rates.\9\ We received no information or arguments since the issuance of
the Preliminary Results that provide a basis for reconsideration of
these determinations. Therefore, for these final results, we continue
to find that the two companies listed in the table in the ``Final
Results'' section of this notice are each eligible for a separate rate,
in addition to Wuyi Xilinde.
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\9\ See Preliminary Results, 88 FR at 37025.
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[[Page 85218]]
Rate for Non-Examined Separate Rate Respondents
Under section 735(c)(5)(A) of the Act, Commerce's usual practice in
determining the rate for separate rate respondents not selected for
individual examination is to average the weighted-average dumping
margins for the selected companies, excluding rates that are zero, de
minimis, or based entirely on facts available.\10\ In the Preliminary
Results,\11\ consistent with Commerce's practice,\12\ we assigned the
non-examined, separate rate companies the margin calculated for Wuyi
Xilinde, which was not zero, de minimis, or based entirely on facts
available. No parties commented on the methodology for calculating this
separate rate. As such, for these final results, we have assigned the
87.26 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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\10\ See, e.g., Longkou Haimeng Mach. Co. v. United States, 581
F. Supp. 2d 1344, 1357-60 (CIT 2008) (affirming Commerce's
determination to assign a 4.22 percent dumping margin to the
separate rate respondents in a segment where the three mandatory
respondents received dumping margins of 4.22 percent, 0.03 percent,
and zero percent, respectively).
\11\ See Preliminary Results, 88 FR at 37025.
\12\ See, e.g., Certain Kitchen Appliance Shelving and Racks
from the People's Republic of China: Final Determination of Sales at
Less Than Fair Value, 74 FR 36656, 36660 (July 24, 2009).
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Final Results of Review
We determine 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......... 87.26
Ningbo Eagle Machinery & Technology Co., Ltd........ 87.26
Sanjiang Kai Yuan Co. Ltd........................... 87.26
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Disclosure
We intend to disclose to interested parties the calculations and
analysis performed for these final results within five days of the date
of the publication of this notice in the Federal Register in accordance
with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce will determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise in accordance with the final results of this review.
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).
For Wuyi Xilinde, which has a final weighted-average dumping margin
that is not zero or de minimis (i.e., less than 0.5 percent), we will
calculate importer-specific assessment rates for that respondent, in
accordance with 19 CFR 351.212(b)(1). 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 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 will also calculate an
importer-specific ad valorem ratio based on estimated entered values.
For the respondents which were not selected for individual
examination in this administrative review, and which qualified for a
separate rate, the assessment rate will be equal to the rate assigned
to them for these final results (i.e., 87.26 percent).
Pursuant to a refinement in our non-market economy practice, for
sales that were not reported in the U.S. sales data submitted by
companies individually examined during this review, we will instruction
CBP to liquidate entries associated with those sales at the rate for
the China-wide entity. Furthermore, where we found that an exporter
under review had no shipments of the subject merchandise, any suspended
entries that entered under that exporter's case number (i.e., at that
exporter's cash deposit rate) will be liquidated at the rate for the
China-wide entity.
Cash Deposit Requirements
The following cash deposit requirements for estimated antidumping
duties will be effective for all shipments of subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
publication date of the final results of this administrative review, as
provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate
for the companies listed above will be equal to each company's
weighted-average dumping margin established in the final results of
this administrative review; (2) for previously-investigated or reviewed
Chinese and non-Chinese exporters not listed above that have separate
rates, the cash deposit rate will continue to be the exporter-specific
rate published for the most-recently completed segment of this
proceeding in which they were reviewed; (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 equal to the weighted-
average dumping margin for the China-wide entity (i.e., 101.67
percent); and (4) for all non-Chinese exporters of subject merchandise
which have not received their own separate rate, the cash deposit rate
will be the rate applicable to the Chinese exporter(s) that supplied
the non-Chinese exporter. These cash deposit requirements, when
imposed, shall remain in effect until further notice.
Notification to Importers
This notice also serves as a final 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 this review period.
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.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is
[[Page 85219]]
hereby requested. Failure to comply with the regulations and the terms
of an APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review in accordance with sections 751(a)(1) and 777(i) of the Act, and
19 CFR 351.221(b)(5).
Dated: November 30, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Selection of Surrogate Financial Statements
Comment 2: Whether to Include the Surrogate Financial Expense Ratio
in Wuyi
Xilinde's Normal Value (NV)
Comment 3: Valuation of Certain Factors of Production (FOP)
Comment 4: Treatment of Carton Inputs as Packing Expense or
Packaging Cost
VI. Recommendation
[FR Doc. 2023-26860 Filed 12-6-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on December 7, 2023.
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