High Pressure Steel Cylinders From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review; 2016, 31951-31953 [2018-14730]
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Federal Register / Vol. 83, No. 132 / Tuesday, July 10, 2018 / Notices
because Commerce preliminarily
determined that the mandatory
respondents should be considered to be
part of the China-wide entity, and
assigned the China-wide entity an AFA
rate based solely on the petition, there
are no calculations to disclose.
Verification
Because the mandatory respondents
in this investigation did not provide
information requested by Commerce
and Commerce preliminarily determines
in accordance with section 776(b) of the
Act that each of the mandatory
respondents to have been
uncooperative, verification will not be
conducted.
amozie on DSK3GDR082PROD with NOTICES1
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than 30 days after
the date of publication of the
preliminary determination, unless the
Secretary alters the time limit. Rebuttal
briefs, limited to issues raised in case
briefs, may be submitted no later than
five days after the deadline date for case
briefs.18 Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in
this investigation are encouraged to
submit with each argument: (1) A
statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, at a time and date to be
determined. Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
Final Determination
Section 735(a)(1) of the Act and 19
CFR 351.210(b)(1) provide that
Commerce will issue the final
18 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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determination within 75 days after the
date of its preliminary determination.
Accordingly, Commerce will make its
final determination no later than 75
days after the signature date of this
preliminary determination.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its preliminary determination of sales at
LTFV. If the final determination is
affirmative, the ITC will determine
before the later of 120 days after the date
of this preliminary determination or 45
days after the final determination
whether imports of the subject
merchandise are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: July 2, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
31951
The merchandise covered by the scope of
the investigation is currently classified in the
Harmonized Tariff Schedule of the United
States (HTSUS) under subheadings
2918.16.1000, 2918.16.5010, and
2932.20.5020. Merchandise covered by the
scope may also enter under HTSUS
subheadings 2918.16.5050, 3824.99.2890,
and 3824.99.9295. Although the HTSUS
subheadings and CAS registry numbers are
provided for convenience and customs
purposes, the written description of the
merchandise is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. Discussion of the Methodology
A. Non-Market Economy Country
B. Surrogate Country and Surrogate Value
Comments
C. Separate Rates
D. China-Wide Entity
E. Use of Facts Otherwise Available With
an Adverse Inference
VII. Adjustment Under Section 777(A)(f) of
the Act
VIII. Adjustments to Cash Deposit Rates for
Export Subsidies
IX. Verification
X. Conclusion
[FR Doc. 2018–14729 Filed 7–9–18; 8:45 am]
BILLING CODE 3510–DS–P
Appendix I
Scope of the Investigation
The scope of the investigation covers all
grades of sodium gluconate, gluconic acid,
liquid gluconate, and glucono delta lactone
(GDL) (collectively GNA Products),
regardless of physical form (including, but
not limited to substrates; solutions; dry
granular form or powders, regardless of
particle size; or as a slurry). The scope also
includes GNA Products that have been
blended or are in solution with other
product(s) where the resulting mix contains
35 percent or more of sodium gluconate,
gluconic acid, liquid gluconate, and/or GDL
by dry weight.
Sodium gluconate has a molecular formula
of NaC6H11O7. Sodium gluconate has a
Chemical Abstract Service (CAS) registry
number of 527–07–1, and can also be called
‘‘sodium salt of gluconic acid’’ and/or
sodium 2, 3, 4, 5, 6 pentahydroxyhexanoate.
Gluconic acid has a molecular formula of
C6H12O7. Gluconic acid has a CAS registry
number of 526–95–4, and can also be called
2, 3, 4, 5, 6 pentahydroxycaproic acid. Liquid
gluconate is a blend consisting only of
gluconic acid and sodium gluconate in an
aqueous solution. Liquid gluconate has CAS
registry numbers of 527–07–1, 526–95–4, and
7732–18–5, and can also be called 2, 3, 4, 5,
6-pentahydroxycaproic acid-hexanoate. GDL
has a molecular formula of C6H10O6. GDL has
a CAS registry number of 90–80–2, and can
also be called d-glucono-1,5-lactone.
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DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–978]
High Pressure Steel Cylinders From
the People’s Republic of China:
Preliminary Results of Countervailing
Duty Administrative Review; 2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is conducting an
administrative review of the
countervailing duty (CVD) order on high
pressure steel cylinders (steel cylinders)
from the People’s Republic of China
(PRC) for the period of review January
1, 2016, through December 31, 2016.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable July 10, 2018.
FOR FURTHER INFORMATION CONTACT:
Toby Vandall or Aimee Phelan, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
AGENCY:
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31952
Federal Register / Vol. 83, No. 132 / Tuesday, July 10, 2018 / Notices
(202) 482–1664 or (202) 482–0697,
respectively.
of the Preliminary Decision
Memorandum are identical in content.
SUPPLEMENTARY INFORMATION:
Scope of the Order
Background
amozie on DSK3GDR082PROD with NOTICES1
On June 7, 2017, Commerce published
a notice of opportunity to request an
administrative review of the CVD order
on steel cylinders from the PRC for the
period January 1, 2016, through
December 31, 2016.1 On June 13, 2017,
and June 30, 2017, we received review
requests from Norris Cylinder Company
(the petitioner) and Beijing Tianhai
Industry Co., Ltd. (BTIC).2 We
published a notice of initiation for this
administrative review on August 1,
2017.3 On February 5, 2018, we
postponed the deadline for issuing the
preliminary results of this
administrative review until July 3,
2018.4 For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.5 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. 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 https://
access.trade.gov, and is available to all
parties in the Central Records Unit,
room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and electronic versions
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 82 FR 26441
(June 7, 2017).
2 See Letter from the petitioner, ‘‘High Pressure
Steel Cylinders from the People’s Republic of China
Request for Administrative Review and Entry of
Appearance’’ (June 13, 2017); see also Letter from
BTIC, ‘‘Request for the Fifth Administrative Review
of the Countervailing Duty Order on High Pressure
Steel Cylinders from the People’s Republic of
China, C–570–978 (POR: 01/01/16–12/31/16)’’ (June
30, 2017).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
35749 (August 1, 2017) (Initiation Notice).
4 See Memorandum, ‘‘High Pressure Steel
Cylinders from the People’s Republic of China:
Extension of Time Limit for Preliminary Results of
the Countervailing Duty Administrative Review;
2016,’’ February 5, 2018.
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of 2016 Countervailing
Duty Administrative Review of High Pressure Steel
Cylinders from the People’s Republic of China,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
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Jkt 244001
The merchandise covered by this
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 this
order 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 U–ISO–9809–1 and 2
specifications and permanently
impressed with ISO or UN symbols.
Also excluded from the order 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 order is dispositive.
Methodology
We are conducting this administrative
review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as
amended (the Act). For each of the
subsidy programs found
countervailable, we preliminarily find
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
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and that the subsidy is specific.6 For a
full description of the methodology
underlying our preliminary conclusions,
see the Preliminary Decision
Memorandum.7
In making these findings, we relied, in
part, on facts available, and because we
find that either the GOC or the
respondent company did not act to the
best of their ability to respond to our
requests for information, we drew an
adverse inference where appropriate in
selecting from among the facts
otherwise available.8 For further
information, see ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ in the Preliminary Decision
Memorandum.
Preliminary Results of the Review
We preliminarily find that the
following net countervailable subsidy
rate exists for the mandatory
respondent, BTIC, for the period January
1, 2016, through December 31, 2016:
Company
Beijing Tianhai Industry Co.,
Ltd.9 .......................................
Subsidy
Rate
Ad Valorem
(percent)
37.77
Assessment Rates
Upon issuance of the final results of
this administrative review, Commerce
shall determine, and U.S. Customs and
Border Protection (CBP) shall assess,
countervailing duties on all appropriate
entries covered by this review. We
intend to issue assessment instructions
to CBP 15 days after publication of the
final results of this review.
Cash Deposit Requirements
Pursuant to section 751(a)(2)(C) of the
Act, we also intend, upon publication of
the final results, to instruct CBP to
collect cash deposits of estimated
countervailing duties in the amount
indicated above for BTIC, on shipments
of subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the final results of this
6 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.
7 A list of topics discussed in the Preliminary
Decision Memorandum can be found in Appendix
I to this notice.
8 See sections 776(a) and (b) of the Act.
9 As discussed in the Preliminary Decision
Memorandum, we have found the following
companies to be cross-owned with BTIC: Tianjin
Tianhai High Pressure Container Co., Ltd.; Langfang
Tianhai High Pressure Container Co., Ltd.; Beijing
Jingcheng Machinery Electric Holding Co., Ltd.; and
Beijing Jingcheng Machinery Electric Co., Ltd.
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Federal Register / Vol. 83, No. 132 / Tuesday, July 10, 2018 / Notices
administrative review. For all nonreviewed firms, CBP will continue to
collect cash deposits of estimated
countervailing duties at the most recent
company-specific or all-others rate
applicable to the company, as
appropriate. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
amozie on DSK3GDR082PROD with NOTICES1
Disclosure and Public Comment
We will disclose to parties in this
review the calculations performed in
reaching the preliminary results within
five days of publication in the Federal
Register of these preliminary results.10
Unless Commerce instructs otherwise,
interested parties may submit written
comments (case briefs) on the
preliminary results no later than 30 days
from the date of publication of this
Federal Register notice, and rebuttal
comments (rebuttal briefs) within five
days after the time limit for filing case
briefs.11 Pursuant to 19 CFR
351.309(d)(2), rebuttal briefs must be
limited to issues raised in the case
briefs. Pursuant to 19 CFR 351.309(c)(2)
and (d)(2), parties who submit
arguments are requested to submit with
the argument: (1) A statement of the
issue; (2) a brief summary of the
argument; and (3) a table of
authorities.12
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to the issues raised in
the case and rebuttal briefs, must submit
a written request to the Assistant
Secretary for Enforcement and
Compliance, filed electronically via
ACCESS by 5 p.m. Eastern Time within
30 days after the date of publication of
this notice.13 Hearing requests should
contain the party’s name, address, and
telephone number, the number of
participants, whether any participant is
a foreign national, and a list of the
issues to be discussed. If a request for
a hearing is made, Commerce intends to
hold the hearing at the U.S. Department
of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, at a date
and time to be determined.14 Parties
should confirm by telephone the date,
time, and location of the hearing two
days before the scheduled date.
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act, we intend to issue the final results
of this administrative review, including
the results of our analysis of the issues
10 See
19 CFR 351.224(b).
19 CFR 351.309(c)(1)(ii); 351.309(d)(1); and
19 CFR 351.303 (for general filing requirements).
12 See 19 CFR 351.309(c)(2) and (d)(2).
13 See 19 CFR 351.310(c).
14 See 19 CFR 351.310(d).
11 See
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17:27 Jul 09, 2018
Jkt 244001
raised by the parties in their comments,
no later than 120 days after the date of
publication of this notice.
These preliminary results and notice
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act and 19 CFR 351.221(b)(4).
Dated: July 3, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Application of the Countervailing Duty
Law to Imports From the PRC
V. Subsidies Valuation Information
VI. Benchmarks and Interest Rates
VII. Use of Facts Otherwise Available and
Adverse Inferences
VIII. Analysis of Programs
IX. Disclosure and Public Comment
X. Conclusion
[FR Doc. 2018–14730 Filed 7–9–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–898]
Chlorinated Isocyanurates From the
People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review; 2016–
2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that the exporters of chlorinated
isocyanurates subject to this
administrative review made sales of
subject merchandise at prices below
normal value (NV). The period of review
(POR) is June 1, 2016, through May 31,
2017. Interested parties are invited to
comment on these preliminary results of
review.
DATES: Applicable July 10, 2018.
FOR FURTHER INFORMATION CONTACT:
Sean Carey, AD/CVD Operations, Office
VII, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3964.
SUPPLEMENTARY INFORMATION:
AGENCY:
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31953
Scope of the Order
The products covered by the order are
chlorinated isos, which are derivatives
of cyanuric acid, described as
chlorinated s-triazine triones.1
Chlorinated isos are currently
classifiable under subheadings
2933.69.6015, 2933.69.6021,
2933.69.6050, 3808.40.50, 3808.50.40
and 3808.94.5000 of the Harmonized
Tariff Schedule of the United States
(HTSUS). The HTSUS subheadings are
provided for convenience and customs
purposes only; the written product
description of the scope of the order is
dispositive.
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a)(1)(A) of the Tariff
Act of 1930, as amended (the Act).
Export prices have been calculated in
accordance with section 772 of the Act.
Because China is a non-market economy
within the meaning of section 771(18) of
the Act, normal value has been
calculated in accordance with section
773(c) of the Act. For a full description
of the methodology underlying our
conclusions, see the Preliminary
Decision Memorandum, which is hereby
adopted by this notice. A list of the
topics included in the Preliminary
Decision Memorandum is included as
an appendix to this notice.
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 https://access.trade.gov, and it is
available to all parties in the Central
Records Unit, Room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum is
available at https://
enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and
the electronic version of the Preliminary
Decision Memorandum are identical in
content.
Preliminary Results of Review
The administrative review covers
three producers/exporters: (1) Heze
Huayi Chemical Co. Ltd. (Heze Huayi);
(2) Hebei Jiheng Chemical Co. Ltd.
(Jiheng); and (3) Juancheng Kangtai
1 For a complete description of the Scope of the
Order, see Memorandum, ‘‘Decision Memorandum
for the Preliminary Results of the 2016–2017
Antidumping Duty Administrative Review:
Chlorinated Isocyanurates from the People’s
Republic of China,’’ dated concurrently with this
notice (Preliminary Decision Memorandum).
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]]>Agencies
[Federal Register Volume 83, Number 132 (Tuesday, July 10, 2018)]
[Notices]
[Pages 31951-31953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14730]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-978]
High Pressure Steel Cylinders From the People's Republic of
China: Preliminary Results of Countervailing Duty Administrative
Review; 2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is conducting an
administrative review of the countervailing duty (CVD) order on high
pressure steel cylinders (steel cylinders) from the People's Republic
of China (PRC) for the period of review January 1, 2016, through
December 31, 2016. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable July 10, 2018.
FOR FURTHER INFORMATION CONTACT: Toby Vandall or Aimee Phelan, AD/CVD
Operations, Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
[[Page 31952]]
(202) 482-1664 or (202) 482-0697, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 7, 2017, Commerce published a notice of opportunity to
request an administrative review of the CVD order on steel cylinders
from the PRC for the period January 1, 2016, through December 31,
2016.\1\ On June 13, 2017, and June 30, 2017, we received review
requests from Norris Cylinder Company (the petitioner) and Beijing
Tianhai Industry Co., Ltd. (BTIC).\2\ We published a notice of
initiation for this administrative review on August 1, 2017.\3\ On
February 5, 2018, we postponed the deadline for issuing the preliminary
results of this administrative review until July 3, 2018.\4\ For a
complete description of the events that followed the initiation of this
investigation, see the Preliminary Decision Memorandum.\5\ A list of
topics discussed in the Preliminary Decision Memorandum is included as
Appendix II to this notice. 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
https://access.trade.gov, and is available to all parties in the Central
Records Unit, room B8024 of the main Department of Commerce building.
In addition, a complete version of the Preliminary Decision Memorandum
can be accessed directly at https://enforcement.trade.gov/frn/. The
signed and electronic versions of the Preliminary Decision Memorandum
are identical in content.
---------------------------------------------------------------------------
\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 82 FR 26441 (June 7, 2017).
\2\ See Letter from the petitioner, ``High Pressure Steel
Cylinders from the People's Republic of China Request for
Administrative Review and Entry of Appearance'' (June 13, 2017); see
also Letter from BTIC, ``Request for the Fifth Administrative Review
of the Countervailing Duty Order on High Pressure Steel Cylinders
from the People's Republic of China, C-570-978 (POR: 01/01/16-12/31/
16)'' (June 30, 2017).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 82 FR 35749 (August 1, 2017) (Initiation
Notice).
\4\ See Memorandum, ``High Pressure Steel Cylinders from the
People's Republic of China: Extension of Time Limit for Preliminary
Results of the Countervailing Duty Administrative Review; 2016,''
February 5, 2018.
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of 2016 Countervailing Duty Administrative Review of High
Pressure Steel Cylinders from the People's Republic of China,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by this 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 this order 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 U-ISO-9809-1 and 2 specifications and
permanently impressed with ISO or UN symbols. Also excluded from the
order 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 order is dispositive.
Methodology
We are conducting this administrative review in accordance with
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act).
For each of the subsidy programs found countervailable, we
preliminarily find 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.\6\ For a full description
of the methodology underlying our preliminary conclusions, see the
Preliminary Decision Memorandum.\7\
---------------------------------------------------------------------------
\6\ 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.
\7\ A list of topics discussed in the Preliminary Decision
Memorandum can be found in Appendix I to this notice.
---------------------------------------------------------------------------
In making these findings, we relied, in part, on facts available,
and because we find that either the GOC or the respondent company did
not act to the best of their ability to respond to our requests for
information, we drew an adverse inference where appropriate in
selecting from among the facts otherwise available.\8\ For further
information, see ``Use of Facts Otherwise Available and Adverse
Inferences'' in the Preliminary Decision Memorandum.
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\8\ See sections 776(a) and (b) of the Act.
\9\ As discussed in the Preliminary Decision Memorandum, we have
found the following companies to be cross-owned with BTIC: Tianjin
Tianhai High Pressure Container Co., Ltd.; Langfang Tianhai High
Pressure Container Co., Ltd.; Beijing Jingcheng Machinery Electric
Holding Co., Ltd.; and Beijing Jingcheng Machinery Electric Co.,
Ltd.
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Preliminary Results of the Review
We preliminarily find that the following net countervailable
subsidy rate exists for the mandatory respondent, BTIC, for the period
January 1, 2016, through December 31, 2016:
------------------------------------------------------------------------
Subsidy
Rate Ad
Company Valorem
(percent)
------------------------------------------------------------------------
Beijing Tianhai Industry Co., Ltd.\9\...................... 37.77
------------------------------------------------------------------------
Assessment Rates
Upon issuance of the final results of this administrative review,
Commerce shall determine, and U.S. Customs and Border Protection (CBP)
shall assess, countervailing duties on all appropriate entries covered
by this review. We intend to issue assessment instructions to CBP 15
days after publication of the final results of this review.
Cash Deposit Requirements
Pursuant to section 751(a)(2)(C) of the Act, we also intend, upon
publication of the final results, to instruct CBP to collect cash
deposits of estimated countervailing duties in the amount indicated
above for BTIC, on shipments of subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of the final results of this
[[Page 31953]]
administrative review. For all non-reviewed firms, CBP will continue to
collect cash deposits of estimated countervailing duties at the most
recent company-specific or all-others rate applicable to the company,
as appropriate. These cash deposit requirements, when imposed, shall
remain in effect until further notice.
Disclosure and Public Comment
We will disclose to parties in this review the calculations
performed in reaching the preliminary results within five days of
publication in the Federal Register of these preliminary results.\10\
Unless Commerce instructs otherwise, interested parties may submit
written comments (case briefs) on the preliminary results no later than
30 days from the date of publication of this Federal Register notice,
and rebuttal comments (rebuttal briefs) within five days after the time
limit for filing case briefs.\11\ Pursuant to 19 CFR 351.309(d)(2),
rebuttal briefs must be limited to issues raised in the case briefs.
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit
arguments are requested to submit with the argument: (1) A statement of
the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\12\
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\10\ See 19 CFR 351.224(b).
\11\ See 19 CFR 351.309(c)(1)(ii); 351.309(d)(1); and 19 CFR
351.303 (for general filing requirements).
\12\ See 19 CFR 351.309(c)(2) and (d)(2).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to the issues raised in the case and
rebuttal briefs, must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS by 5 p.m. Eastern Time within 30 days after the date of
publication of this notice.\13\ Hearing requests should contain the
party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a date
and time to be determined.\14\ Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
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\13\ See 19 CFR 351.310(c).
\14\ See 19 CFR 351.310(d).
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Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, we intend to issue the final results of this administrative
review, including the results of our analysis of the issues raised by
the parties in their comments, no later than 120 days after the date of
publication of this notice.
These preliminary results and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.221(b)(4).
Dated: July 3, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Application of the Countervailing Duty Law to Imports From the
PRC
V. Subsidies Valuation Information
VI. Benchmarks and Interest Rates
VII. Use of Facts Otherwise Available and Adverse Inferences
VIII. Analysis of Programs
IX. Disclosure and Public Comment
X. Conclusion
[FR Doc. 2018-14730 Filed 7-9-18; 8:45 am]
BILLING CODE 3510-DS-P
