High Pressure Steel Cylinders From the People's Republic of China; Rescission of the 2011-2013 Antidumping Duty Administrative Review, 55679-55680 [2013-22126]

Download as PDF Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Notices emcdonald on DSK67QTVN1PROD with NOTICES importer- (or customer-) specific ad valorem rate is greater than de minimis, the Department will instruct CBP to collect the appropriate duties at the time of liquidation.22 Where either a respondent’s weighted average dumping margin is zero or de minimis, or an importer- (or customer-) specific ad valorem is zero or de minimis, the Department will instruct CBP to liquidate appropriate entries without regard to antidumping duties.23 For the respondents that were not selected for individual examination in this administrative review and that qualified for a separate rate, the assessment rate will be based on the average of the mandatory respondents.24 We intend to instruct CBP to liquidate entries containing subject merchandise exported by the Vietnam-wide entity at the Vietnam-wide rate. The Department recently announced a refinement to its assessment practice in NME cases. Pursuant to this refinement in practice, for entries that were not reported in the U.S. sales databases submitted by companies individually examined during the administrative review, the Department will instruct CBP to liquidate such entries at the Vietnam-wide rate. Additionally, if the Department determines that an exporter had no shipments of the subject merchandise, any suspended entries that entered under that exporter’s case number (i.e., at that exporter’s rate) will be liquidated at the Vietnam-wide rate.25 Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of these reviews for shipments of the subject merchandise from Vietnam entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by sections 751(a)(2)(C) of the Act: (1) For the companies listed above that have a separate rate, the cash deposit rate will be that established in the final results of these reviews (except, if the rate is zero or de minimis, then zero cash deposit will be required); (2) for previously investigated or reviewed Vietnam and non-Vietnam 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 22 See 19 CFR 351.212(b)(1). 19 CFR 351.106(c)(2). 24 See Preliminary Decision Memorandum. 25 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). 23 See VerDate Mar<15>2010 16:50 Sep 10, 2013 Jkt 229001 Vietnam 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 Vietnam -wide entity; and (4) for all non-Vietnam exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the Vietnam exporter that supplied that non-Vietnam exporter. With respect to Golden Quality, the new shipper respondent, the Department has established a combination cash deposit rate for this company consistent with its practice as follows: (1) For subject merchandise produced and exported by Golden Quality, the cash deposit rate will be the rate established for Golden Quality in the final results of the NSR; (2) for subject merchandise exported by Golden Quality, but not produced by Golden Quality, the cash deposit rate will be the rate for the Vietnam-wide entity; and (3) for subject merchandise produced by Golden Quality but not exported by Golden Quality, the cash deposit rate will be the rate applicable to the exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during the POR. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. This preliminary determination is issued and published in accordance with sections 751(a)(1), 751(a)(2)(B), and 777(i)(1) of the Act. Dated: September 3, 2013. Paul Piquado, Assistant Secretary for Import Administration. Appendix List of Topics Discussed in the Preliminary Decision Memorandum: 1. Case History 2. Scope of the Order 3. Preliminary Determination of No Shipments 4. Bona Fides Analysis 5. Non-Market Economy Country Status 6. Collapsing 7. Separate Rates 8. Separate Rate Calculation for Companies Not Individually Examined PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 55679 9. Vietnam-Wide Entity 10. Surrogate Country 11. Date of Sale 12. Determination of Comparison Method 13. Results of Differential Pricing Analysis 14. Comparisons to Normal Value 15. U.S. Price 16. Normal Value 17. Factor Valuations 18. Currency Conversion [FR Doc. 2013–22123 Filed 9–10–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–977] High Pressure Steel Cylinders From the People’s Republic of China; Rescission of the 2011–2013 Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘the Department’’) is rescinding the administrative review of the antidumping duty order on high pressure steel cylinders from the People’s Republic of China (‘‘PRC’’) for the period of review (‘‘POR’’), December 15, 2011, to May 31, 2013. This rescission is based on the timely withdrawal of the request for review by the only interested party that requested a review. DATES: Effective Date: September 11, 2013. FOR FURTHER INFORMATION CONTACT: Julia Hancock, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482–1394. AGENCY: Background On June 3, 2013, the Department published a notice of opportunity to request an administrative review of the antidumping duty order on high pressure steel cylinders from the PRC.1 In response, on July 1, 2013, Beijing Tianhai Industry Co., Ltd. (‘‘BTIC’’) timely requested an administrative review of entries of the subject merchandise during the POR from BTIC.2 Therefore, on August 1, 2013, the Department initiated a review of BTIC. 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation: Opportunity to Request Administrative Review, 78 FR 33061 (June 3, 2013) (‘‘Opportunity Notice’’). 2 June 30, 2013, is the deadline for submitting requests for review as stated in the Opportunity E:\FR\FM\11SEN1.SGM Continued 11SEN1 55680 Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Notices In a letter dated August 23, 2013, BTIC withdrew its request for review of itself. No other parties requested a review. emcdonald on DSK67QTVN1PROD with NOTICES Scope of the Order The merchandise covered by the order is seamless steel cylinders designed for storage or transport of compressed or liquefied gas (‘‘high pressure steel cylinders’’). High pressure steel cylinders are fabricated of chrome alloy steel including, but not limited to, chromium-molybdenum steel or chromium magnesium steel, and have permanently impressed into the steel, either before or after importation, the symbol of a U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration (‘‘DOT’’) approved high pressure steel cylinder manufacturer, as well as an approved DOT type marking of DOT 3A, 3AX, 3AA, 3AAX, 3B, 3E, 3HT, 3T, or DOT–E (followed by a specific exemption number) in accordance with the requirements of sections 178.36 through 178.68 of Title 49 of the Code of Federal Regulations, or any subsequent amendments thereof. High pressure steel cylinders covered by the investigation have a water capacity up to 450 liters, and a gas capacity ranging from 8 to 702 cubic feet, regardless of corresponding service pressure levels and regardless of physical dimensions, finish or coatings. Excluded from the scope of the order are high pressure steel cylinders manufactured to UN–ISO–9809–1 and 2 specifications and permanently impressed with ISO or UN symbols. Also excluded from the investigation are acetylene cylinders, with or without internal porous mass, and permanently impressed with 8A or 8AL in accordance with DOT regulations. Merchandise covered by the order is classified in the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) under subheading 7311.00.00.30. Subject merchandise may also enter under HTSUS subheadings 7311.00.00.60 or 7311.00.00.90. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise under the investigation is dispositive. Rescission of Administrative Review Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review, in whole or in part, if the party that requested the review withdraws the Notice. However, because June 30, 2013, was a Sunday, BITC filed its request for review on the next business day, July 1, 2013. See 19 CFR 351.303(b). VerDate Mar<15>2010 16:50 Sep 10, 2013 Jkt 229001 request within 90 days of the date of publication of the notice of initiation of the requested review. BTIC timely withdrew its request for review of itself. Because no other party requested a review, pursuant to 19 CFR 351.213(d)(1), the Department is rescinding the entire administrative review of the antidumping duty order on high pressure steel cylinders from the PRC for the period December 15, 2011, to May 31, 2013. Dated: September 5, 2013. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Assessment Small Diameter Graphite Electrodes From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2011–2012 The Department will instruct U.S. Customs and Border Protection (‘‘CBP’’) to assess antidumping duties on all appropriate entries. Antidumping duties shall be assessed at rates 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). The Department intends to issue assessment instructions directly to CBP 15 days after the date of publication of this notice in the Federal Register, if appropriate. Notification to Importers This notice serves as a reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification Regarding Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective orders (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, 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. This notice is issued and published in accordance with section 751(a) and 777(i) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 [FR Doc. 2013–22126 Filed 9–10–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–929] Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On March 8, 2013, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on small diameter graphite electrodes from the People’s Republic of China (the PRC). The period of review (POR) is February 1, 2011, through January 31, 2012. For the final results, we continue to find that certain companies covered by this review have not made sales of subject merchandise at less than normal value, and that other companies are now part of the PRC-wide entity. DATES: Effective Date: September 11, 2013. AGENCY: FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov or Minoo Hatten, AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0665 or (202) 482– 1690, respectively. SUPPLEMENTARY INFORMATION: Background On March 8, 2013, the Department published the preliminary results of the administrative review of the antidumping duty order on small diameter graphite electrodes from the PRC.1 We received case and rebuttal briefs with respect to the Preliminary Results. We have conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). 1 See Small Diameter Graphite Electrodes From the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission; 2011–2012, 78 FR 14964 (March 8, 2013) (Preliminary Results), and accompanying Preliminary Decision Memorandum. E:\FR\FM\11SEN1.SGM 11SEN1

Agencies

[Federal Register Volume 78, Number 176 (Wednesday, September 11, 2013)]
[Notices]
[Pages 55679-55680]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22126]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-977]


High Pressure Steel Cylinders From the People's Republic of 
China; Rescission of the 2011-2013 Antidumping Duty Administrative 
Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (``the Department'') is rescinding 
the administrative review of the antidumping duty order on high 
pressure steel cylinders from the People's Republic of China (``PRC'') 
for the period of review (``POR''), December 15, 2011, to May 31, 2013. 
This rescission is based on the timely withdrawal of the request for 
review by the only interested party that requested a review.

DATES: Effective Date: September 11, 2013.

FOR FURTHER INFORMATION CONTACT: Julia Hancock, AD/CVD Operations, 
Office 9, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone (202) 482-1394.

Background

    On June 3, 2013, the Department published a notice of opportunity 
to request an administrative review of the antidumping duty order on 
high pressure steel cylinders from the PRC.\1\ In response, on July 1, 
2013, Beijing Tianhai Industry Co., Ltd. (``BTIC'') timely requested an 
administrative review of entries of the subject merchandise during the 
POR from BTIC.\2\ Therefore, on August 1, 2013, the Department 
initiated a review of BTIC.
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation: Opportunity to Request Administrative 
Review, 78 FR 33061 (June 3, 2013) (``Opportunity Notice'').
    \2\ June 30, 2013, is the deadline for submitting requests for 
review as stated in the Opportunity Notice. However, because June 
30, 2013, was a Sunday, BITC filed its request for review on the 
next business day, July 1, 2013. See 19 CFR 351.303(b).

---------------------------------------------------------------------------

[[Page 55680]]

    In a letter dated August 23, 2013, BTIC withdrew its request for 
review of itself. No other parties requested a review.

Scope of the Order

    The merchandise covered by the order is seamless steel cylinders 
designed for storage or transport of compressed or liquefied gas 
(``high pressure steel cylinders''). High pressure steel cylinders are 
fabricated of chrome alloy steel including, but not limited to, 
chromium-molybdenum steel or chromium magnesium steel, and have 
permanently impressed into the steel, either before or after 
importation, the symbol of a U.S. Department of Transportation, 
Pipeline and Hazardous Materials Safety Administration (``DOT'') 
approved high pressure steel cylinder manufacturer, as well as an 
approved DOT type marking of DOT 3A, 3AX, 3AA, 3AAX, 3B, 3E, 3HT, 3T, 
or DOT-E (followed by a specific exemption number) in accordance with 
the requirements of sections 178.36 through 178.68 of Title 49 of the 
Code of Federal Regulations, or any subsequent amendments thereof. High 
pressure steel cylinders covered by the investigation have a water 
capacity up to 450 liters, and a gas capacity ranging from 8 to 702 
cubic feet, regardless of corresponding service pressure levels and 
regardless of physical dimensions, finish or coatings.
    Excluded from the scope of the order are high pressure steel 
cylinders manufactured to UN-ISO-9809-1 and 2 specifications and 
permanently impressed with ISO or UN symbols. Also excluded from the 
investigation are acetylene cylinders, with or without internal porous 
mass, and permanently impressed with 8A or 8AL in accordance with DOT 
regulations.
    Merchandise covered by the order is classified in the Harmonized 
Tariff Schedule of the United States (``HTSUS'') under subheading 
7311.00.00.30. Subject merchandise may also enter under HTSUS 
subheadings 7311.00.00.60 or 7311.00.00.90. Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the merchandise under the investigation is 
dispositive.

Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an 
administrative review, in whole or in part, if the party that requested 
the review withdraws the request within 90 days of the date of 
publication of the notice of initiation of the requested review. BTIC 
timely withdrew its request for review of itself. Because no other 
party requested a review, pursuant to 19 CFR 351.213(d)(1), the 
Department is rescinding the entire administrative review of the 
antidumping duty order on high pressure steel cylinders from the PRC 
for the period December 15, 2011, to May 31, 2013.

Assessment

    The Department will instruct U.S. Customs and Border Protection 
(``CBP'') to assess antidumping duties on all appropriate entries. 
Antidumping duties shall be assessed at rates 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). The Department intends to issue assessment 
instructions directly to CBP 15 days after the date of publication of 
this notice in the Federal Register, if appropriate.

Notification to Importers

    This notice serves as a reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification Regarding Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, 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.
    This notice is issued and published in accordance with section 
751(a) and 777(i) of the Tariff Act of 1930, as amended, and 19 CFR 
351.213(d)(4).

    Dated: September 5, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
 [FR Doc. 2013-22126 Filed 9-10-13; 8:45 am]
BILLING CODE 3510-DS-P

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