Notice2024-08451
Certain Non-Refillable Steel Cylinders From India: Final Affirmative Countervailing Duty Determination
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
April 22, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of certain non-refillable steel cylinders (steel cylinders) from India. The period of investigation (POI) is April 1, 2022, through March 31, 2023.
Full Text
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<title>Federal Register, Volume 89 Issue 78 (Monday, April 22, 2024)</title>
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[Federal Register Volume 89, Number 78 (Monday, April 22, 2024)]
[Notices]
[Pages 29296-29298]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-08451]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-913]
Certain Non-Refillable Steel Cylinders From India: Final
Affirmative Countervailing Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers and exporters
of certain non-refillable steel cylinders (steel cylinders) from India.
The period of investigation (POI) is April 1, 2022, through March 31,
2023.
DATES: Applicable April 22, 2024.
FOR FURTHER INFORMATION CONTACT: Shane Subler or Rachel Accorsi, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-6241 or (202)
482-3149, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 29, 2023, Commerce published the Preliminary
Determination in the Federal Register.\1\ Subsequently, on February 8,
2024, Commerce released its Post-Preliminary Analysis.\2\ For a
complete description of the events that followed the Preliminary
Determination, see the Issues and Decision Memorandum.\3\ 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 directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\1\ 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) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Decision Memorandum for the Post-
Preliminary Analysis in the Countervailing Duty Investigation of
Certain Non-Refillable Steel Cylinders from India,'' dated February
8, 2024 (Post-Preliminary Analysis).
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination of the Countervailing Duty
Investigation of Certain Non-Refillable Steel Cylinders from
India,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are steel cylinders. For
a complete description of the scope of this investigation, see Appendix
I.
Scope Comments
No interested party commented on the scope of the investigation as
it appeared in the Preliminary Determination. Therefore, no changes
were made to the scope of the investigation.
[[Page 29297]]
Verification
Commerce conducted verification of the information relied upon in
making its final determination in this investigation, in accordance
with section 782(i) of the Tariff Act of 1930, as amended (the Act).
Specifically, we conducted on-site verifications of the Government of
India, Inox India Ltd. (Inox), and Bhiwadi Cylinders Private Limited
(Bhiwadi) in February 2024 using standard verification procedures,
including an examination of relevant sales and accounting records, and
original source documents provided by the respondents.\4\
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\4\ See Memoranda, ``Verification of the Questionnaire Responses
of INOX India Ltd.,'' dated March 1, 2024; ``Verification of the
Questionnaire Responses of the Government of India,'' dated March 1,
2024; and ``Verification of the Questionnaire Responses of Bhiwadi
Cylinders Private Limited,'' dated March 7, 2024.
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Analysis of Comments Received
The subsidy programs under investigation, and the issues raised in
the case and rebuttal briefs by parties in this investigation, are
discussed in the Issues and Decision Memorandum. For a list of the
issues raised by parties, and to which we responded in the Issues and
Decision Memorandum, see Appendix II.
Methodology
Commerce conducted this investigation in accordance with section
701 of the Act. For each of the subsidy programs found to be
countervailable, Commerce determines that there is a subsidy, i.e., a
financial contribution by an ``authority'' that gives rise to a benefit
to the recipient, and that the subsidy is specific.\5\ For a full
description of the methodology underlying our final determination, see
the Issues and Decision Memorandum.
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\5\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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In making this final determination, Commerce relied, in part, on
facts available and, because it finds that the Government of India did
not act to the best of its ability to respond to Commerce's requests
for information, Commerce has drawn an adverse inference where
appropriate in selecting from among the facts otherwise available. For
a full discussion of our application of adverse facts available, see
the ``Use of Facts Otherwise Available and Application of Adverse
Inferences'' section in the Issues and Decision Memorandum.
Changes Since the Preliminary Determination and Post-Preliminary
Analysis
Based on our findings at verification and our review and analysis
of the comments received from parties, for this final determination, we
made certain changes to the countervailable subsidy rate calculations
for Inox, Bhiwadi, and for all other producers/exporters. For a
discussion of these changes, see the Issues and Decision Memorandum.
All-Others Rate
Pursuant to section 705(c)(5)(A)(i) of the Act, Commerce will
determine an all-others rate equal to the weighted-average
countervailable subsidy rates established for exporters and/or
producers individually investigated, excluding any zero and de minimis
countervailable subsidy rates, and any rates based entirely under
section 776 of the Act. We continue to calculate individual estimated
countervailable subsidy rates for Bhiwadi and Inox that are not zero,
de minimis, or based entirely on facts otherwise available. We,
therefore, continue to calculate the all-others rate using a weighted
average of the individual estimated subsidy rates calculated for
Bhiwadi and Inox, the individually examined exporters/producers in this
investigation, pursuant to section 705(c)(5)(A)(i) of the Act.
Final Determination
Commerce determines that the following estimated countervailable
subsidy rates exist for the period April 1, 2022, through March 31,
2023:
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\6\ Commerce finds the following company to be cross-owned with
Bhiwadi Cylinders Private Limited: Sapphire (India) Private Limited.
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Subsidy
rate ad
Company valorem
(percent)
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Bhiwadi Cylinders Private Limited \6\....................... 2.48
Inox India Ltd.............................................. 2.26
All Others.................................................. 2.38
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Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this final determination within five
days of any public announcement, or if there is no public announcement,
within five days of the date of the publication of this notice in the
Federal Register, in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
As a result of our Preliminary Determination, and pursuant to
sections 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S.
Customs and Border Protection (CBP) to collect cash deposits and
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on or after September 29, 2023, the date of
publication of the Preliminary Determination in the Federal Register.
In accordance with section 703(d) of the Act, on January 29, 2024, we
instructed CBP to discontinue the suspension of liquidation of all
entries of subject merchandise entered or withdrawn from warehouse on
or after January 27, 2024, but to continue the suspension of
liquidation of all entries of subject merchandise on or after September
29, 2023, to on or before January 26, 2024.
If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a countervailing duty
order, reinstate the suspension of liquidation under section 706(a) of
the Act, and require a cash deposit of estimated countervailing duties
for such entries of subject merchandise in the amounts indicated above,
in accordance with section 706(a) of the Act. If the ITC determines
that material injury, or threat of material injury, does not exist,
this proceeding will be terminated, and all estimated duties deposited
or securities posted as a result of the suspension of liquidation will
be refunded or canceled.
ITC Notification
In accordance with section 705(d) of the Act, Commerce will notify
the ITC of its final affirmative determination that countervailable
subsidies are being provided to producers and exporters of steel
cylinders from India. As Commerce's final determination is affirmative,
in accordance with section 705(b) of the Act, the ITC will determine,
within 45 days, whether the domestic industry in the United States is
materially injured, or threatened with material injury, by reason of
imports of steel cylinders from India. In addition, we are making
available to the ITC all non-privileged and non-proprietary information
related to this investigation. We will allow the ITC access to all
privileged and business proprietary information in our files, provided
the ITC confirms that it will not disclose such information, either
publicly or
[[Page 29298]]
under an administrative protective order (APO), without the written
consent of the Assistant Secretary for Enforcement and Compliance.
Administrative Protective Order
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to an 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 the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
Notification to Interested Parties
This determination is issued and published pursuant to sections
705(d) and 777(i) of the Act, and 19 CFR 351.210(c).
Dated: April 15, 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 I
Scope of the Investigation
The merchandise covered by this investigation 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 this investigation.
Specifically excluded are seamless non-refillable steel
cylinders.
The merchandise subject to this investigation 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.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Subsidies Valuation Information
V. Use of Facts Otherwise Available and Application of Adverse
Inferences
VI. Analysis of Programs
VII. Discussion of the Issues
Comment 1: Whether Commerce Incorrectly Found the Duty Drawback
(DDB) Program to Be Countervailable
Comment 2: Whether Commerce Incorrectly Determined that the
Mandatory Respondents Benefited from the Merchandise Export from
India Scheme (MEIS) and Target Plus Scheme (TPS) After the Programs
Were Discontinued
Comment 3a: Whether Commerce Should Revise the Calculation of
the Export Promotion of Capital Goods Scheme (EPCGS) Benefit for
Inox
Comment 3b: Whether Commerce Incorrectly Found the EPCGS to Be
Countervailable
Comment 4a: Whether Commerce Incorrectly Found the Remission of
Duties and Taxes on Export Products (RODTEP) Scheme to Be
Countervailable
Comment 4b: Whether Commerce Should Amend Its Benefit
Calculation Methodology for the RODTEP Program
Comment 5a: Whether Commerce Erred by Applying Adverse Facts
Available (AFA) in Its Specificity Determinations for the Provision
of Cold-Rolled (CR) Steel by the Steel Authority of India Limited
(SAIL) for Less Than Adequate Remuneration (LTAR) and the Provision
of Hot-Rolled (HR) Steel by SAIL for LTAR Programs
Comment 5b: Whether SAIL Is a Government ``Authority''
Comment 5c: Whether Commerce Should Find the Indian CR Steel and
HR Steel Markets to Be Distorted by the Government of India's (GOI)
Involvement
Comment 5d: Whether Commerce Properly Countervailed Bhiwadi's HR
Coil Purchases
Comment 6: Whether Commerce Should Correct Its Status Holders
Incentive Scheme (SHIS) Benefit Calculation Methodology
Comment 7: Whether Inox Received a Stamp Duty Exemption Within
the Kandla Special Economic Zone (SEZ) to Produce Subject
Merchandise
Comment 8: Whether the Mukhyamantri Apprentice Training Scheme
(MATS) Confers a Countervailable Subsidy
VIII. Recommendation
[FR Doc. 2024-08451 Filed 4-19-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on April 22, 2024.
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