Notice2024-05227
Non-Refillable Steel Cylinders From the People's Republic of China: Final Affirmative Determination of Circumvention of the Antidumping and Countervailing Duty Orders
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
March 12, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that non-refillable steel cylinders with water capacities between 100 and 299 cubic inches produced in the People's Republic of China (China) and exported to the United States, are circumventing the antidumping duty (AD) and countervailing duty (CVD) orders on certain non-refillable steel cylinders (non-refillable cylinders) from China.
Full Text
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<title>Federal Register, Volume 89 Issue 49 (Tuesday, March 12, 2024)</title>
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[Federal Register Volume 89, Number 49 (Tuesday, March 12, 2024)]
[Notices]
[Pages 17814-17815]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-05227]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-126; C-570-127]
Non-Refillable Steel Cylinders From the People's Republic of
China: Final Affirmative Determination of Circumvention of the
Antidumping and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
non-refillable steel cylinders with water capacities between 100 and
299 cubic inches produced in the People's Republic of China (China) and
exported to the United States, are circumventing the antidumping duty
(AD) and countervailing duty (CVD) orders on certain non-refillable
steel cylinders (non-refillable cylinders) from China.
DATES: Applicable March 12, 2024.
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 AD
and CVD orders on non-refillable cylinders from China.\1\ On June 1,
2023, Commerce published the initiation of this circumvention
inquiry.\2\ On November 21, 2023, Commerce published the affirmative
Preliminary Determination of the circumvention inquiry of the AD and
CVD Orders on non-refillable cylinders from China with respect to non-
refillable cylinders with water capacities between 100 and 299 cubic
inches produced in China and exported to the United States.\3\ Although
we invited parties to comment on the Preliminary Determination of this
inquiry, we received no comments. Commerce conducted this circumvention
inquiry pursuant to section 781(c) of the Tariff Act of 1930, as
amended (the Act) and 19 CFR 351.226(j).
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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) (Orders).
\2\ See Non-Refillable Steel Cylinders from the People's
Republic of China: Initiation of Circumvention Inquiry of the
Antidumping and Countervailing Duty Orders; Water Capacities Between
100 and 299 Cubic Inches, 88 FR 35839 (June 1, 2023) (Initiation
Notice).
\3\ See Non-Refillable Steel Cylinders from the People's
Republic of China: Affirmative Preliminary Determination of
Circumvention of the Antidumping and Countervailing Duty Orders, 88
FR 81051 (November 21, 2023) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum.
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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 (USDOT) 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 300-cubic inch (4.9 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 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
7310.29.0025 and 7310.29.0050. Although the HTSUS statistical reporting
numbers are provided for convenience and customs purposes, the written
description of the merchandise is dispositive.
Merchandise Subject to the Circumvention Inquiry
This circumvention inquiry covers non-refillable cylinders with
water capacities between 100 and 299 cubic inches produced in China and
exported to the United States.
Statutory and Regulatory Framework
We conducted this circumvention inquiry pursuant to section 781(c)
of the Act and 19 CFR 351.226(j). For a complete description of the
methodology underlying the Preliminary Determination, see the
Preliminary Decision Memorandum. The Preliminary 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
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>.
Affirmative Final Determination of Circumvention
As detailed in the Preliminary Determination, we determine that
non-refillable cylinders with water capacities between 100 and 299
cubic inches produced in China and exported to the United States
constitute merchandise altered in form or appearance in such minor
respects that they should be included within the scope of the Orders,
pursuant to section 781(c) of the Act and 19 CFR 351.226(j). Commerce
continues to apply this affirmative circumvention finding on a country-
wide basis. Because we received no comments regarding our Preliminary
Determination, our final determination remains unchanged from our
Preliminary Determination, and no memorandum accompanies this notice.
Therefore, we determine that it is appropriate to include this
merchandise within the scope of the Orders and to instruct U.S. Customs
and Border Protection (CBP) to continue to suspend any entries of non-
refillable cylinders with water capacities between 100 and 299 cubic
inches produced in China and exported to the United States.
Suspension of Liquidation and Cash Deposit Requirements
In accordance with 19 CFR 351.226(l)(3), based on this final
determination in this circumvention inquiry, Commerce will direct CBP
to begin or continue to suspend liquidation and to require cash
deposits of estimated duties equal to the AD and CVD rates in effect
for non-refillable cylinders from China with water capacities between
100 and 299 cubic inches produced in China and exported
[[Page 17815]]
to the United States that are entered, or withdrawn from warehouse, for
consumption on or after June 1, 2023 (i.e., the date of the initiation
of this inquiry).\4\ The suspension of liquidation and cash deposit
requirements will remain in effect until further notice.
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\4\ See Initiation Notice.
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Administrative Protective Order
This notice will serve as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
Notification to Interested Parties
Commerce is issuing and publishing this affirmative final
determination of circumvention in accordance with sections 781(c) of
the Act and 19 CFR 351.226(g)(2).
Dated: March 6, 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.
[FR Doc. 2024-05227 Filed 3-11-24; 8:45 am]
BILLING CODE 3510-DS-P
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