Notice2024-23987
Non-Refillable Steel Cylinders From the People's Republic of China: Final Results and Partial Rescission of the Antidumping Duty Administrative Review; 2022-2023
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
October 17, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty order on non-refillable steel cylinders (non-refillable cylinders) from the People's Republic of China (China). We determine that Wuyi Xilinde Machinery Manufacture Co., Ltd. (Wuyi Xilinde) made sales at less than normal value (NV) during the period of review (POR) May 1, 2022, through April 30, 2023. Additionally, Commerce is rescinding this administrative review with respect to Ningbo Eagle Machinery & Technology Co., Ltd. (Ningbo Eagle).
Full Text
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<title>Federal Register, Volume 89 Issue 201 (Thursday, October 17, 2024)</title>
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[Federal Register Volume 89, Number 201 (Thursday, October 17, 2024)]
[Notices]
[Pages 83639-83641]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23987]
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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 and Partial Rescission of the Antidumping Duty
Administrative Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty order on non-refillable
steel cylinders (non-refillable cylinders) from the People's Republic
of China (China). We determine that Wuyi Xilinde Machinery Manufacture
Co., Ltd. (Wuyi Xilinde) made sales at less than normal value (NV)
during the period of review (POR) May 1, 2022, through April 30, 2023.
Additionally, Commerce is rescinding this administrative review with
respect to Ningbo Eagle Machinery & Technology Co., Ltd. (Ningbo
Eagle).
DATES: Applicable October 17, 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 June 6, 2024, Commerce published the Preliminary Results of this
review in the Federal Register and invited interested parties to
comment on those results.\1\ On July 8, 2024, we received a case brief
from Wuyi Xilinde.\2\ No other party to this proceeding submitted a
case or rebuttal brief. On July 22, 2024, Commerce tolled certain
deadlines in this administrative proceeding by seven days.\3\ The
deadline for these final results is now October 11, 2024. For a
complete description of the events that occurred since the Preliminary
Results, see the Issues and Decision Memorandum.\4\ Commerce conducted
this review in accordance with section 751(a) of the Tariff Act of
1930, as amended (the Act).
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\1\ See Non-Refillable Steel Cylinders from the People's
Republic of China: Preliminary Results, Partial Rescission, and
Intent To Rescind, in Part, of the Antidumping Duty Administrative
Review; 2022-2023, 89 FR 48370 (June 6, 2024) (Preliminary Results),
and accompanying Preliminary Decision Memorandum.
\2\ See Wuyi Xilinde's Case Brief, ``Wuyi Xilinde's Case
Brief,'' dated July 8, 2024.
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of Non-Refillable Steel
Cylinders from the People's Republic of China; 2022-2023,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Scope of the Order \5\
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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 non-refillable steel
cylinders from China. For a complete description of the scope, see the
Issues and Decision Memorandum.
Analysis of Comments Received
The issue raised by Wuyi Xilinde in its case brief is listed in the
appendix to this notice and addressed in the Issues and Decision
Memorandum. 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 review and analysis of the comment received from Wuyi
Xilinde, we made one change to the Preliminary Results margin
calculation for the respondent.\6\
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\6\ See Memorandum, ``Analysis for the Final Results of the
Administrative Review of Non-Refillable Steel Cylinders from the
People's Republic of China,'' dated concurrently with this notice.
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Rescission of Review, in Part
In the Preliminary Results, Commerce rescinded the review, in part,
with respect to two firms identified in the Initiation Notice: \7\
Sanjiang Kai Yuan Co. Ltd. (SKY), in accordance with 19 CFR
351.213(d)(1), and Zhejiang Kin-Shine Technology Co., Ltd. (Kin-Shine),
in accordance with 19 CFR 351.213(d)(3). For a third firm identified in
the Initiation Notice, Ningbo Eagle, the Preliminary Results notified
all interested parties of Commerce's preliminary intent to rescind this
administrative review for this firm due
[[Page 83640]]
to the absence of evidence of suspended entries of subject merchandise
from Ningbo Eagle during the POR and identified a period for parties to
submit comment. No parties provided comment on Commerce's intent to
rescind review on Ningbo Eagle. Accordingly, Commerce is rescinding
this review with respect to Ningbo Eagle in accordance with 19 CFR
351.213(d)(3). As a result, Wuyi Xilinde is the sole party initiated
upon which remains subject to the final results of review.
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\7\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 44262 (July 12, 2023).
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China-Wide Entity
Under Commerce's policy regarding the conditional review of the
China-wide entity,\8\ 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., 112.21 percent) is not subject to change.\9\
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\8\ 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).
\9\ See Order, 86 FR 25840.
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Final Results of the Review
Commerce determines the following estimated weighted-average
dumping margins exist for the period May 1, 2022, through April 30,
2023:
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Weighted-
average
Exporter dumping
margin
(percent)
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Wuyi Xilinde Machinery Manufacture Co., Ltd................ 150.37
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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).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce has determined, and CBP shall assess, antidumping duties on
all appropriate entries of subject merchandise in accordance with these
final results of review. Commerce intends to issue assessment
instructions to CBP no earlier than 35 days after the date of
publication of these final results. 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.
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.
For Ningbo Eagle, for which the administrative review is rescinded,
antidumping duties shall be assessed at a rate equal to the cash
deposit of estimated antidumping duties required at the time of entry,
or withdrawal from warehouse, for consumption, in accordance with 19
CFR 351.212(c)(1)(i).
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 Wuyi Xilinde, which has a
separate rate, the cash deposit rate will be the rate established in
these final results of review; (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 (i.e., 101.67 percent \10\); 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 deposit requirements, when imposed, shall remain in
effect until further notice.
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\10\ This cash deposit rate is adjusted for subsidy offsets. See
Order, 86 FR 25840.
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Notification to Importers Regarding the Reimbursement of Duties
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 POR. Failure
to comply with this requirement could result in Commerce's presumption
that reimbursement of antidumping and/or countervailing duties has
occurred and the subsequent assessment of double antidumping duties,
and/or increase in the amount of antidumping duties by the amount of
the countervailing duties.
Administrative Protective Order (APO)
This notice also serves as a reminder to parties subject to an 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 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
We are issuing and publishing these final results of administrative
review and notice in accordance with sections 751(a)(1) and 777(i) of
the Act, and 19 CFR 351.221(b)(5) and 19 CFR 351.213(h)(2).
[[Page 83641]]
Dated: October 10, 2024.
Scot Fullerton,
Acting 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 Issue
Comment: Export Subsidy Adjustment
VI. Recommendation
[FR Doc. 2024-23987 Filed 10-16-24; 8:45 am]
BILLING CODE 3510-DS-P
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