Steel Propane Cylinders From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 54086-54088 [2018-23453]
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54086
Federal Register / Vol. 83, No. 208 / Friday, October 26, 2018 / Notices
Dated: October 22, 2018.
James Maeder,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations, performing the duties of Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations.
[FR Doc. 2018–23454 Filed 10–25–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–087]
Steel Propane Cylinders From the
People’s Republic of China:
Preliminary Affirmative Countervailing
Duty Determination and Alignment of
Final Determination With Final
Antidumping Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers and exporters of
steel propane cylinders from the
People’s Republic of China (China) for
the period of investigation December 1,
2017, through January 31, 2017.
Interested parties are invited to
comment on this preliminary
determination.
AGENCY:
DATES:
Applicable October 26, 2018.
FOR FURTHER INFORMATION CONTACT:
Samuel Brummitt, 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) 482–7851.
SUPPLEMENTARY INFORMATION:
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Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on June 18, 2018.1 On August 1, 2018,
Commerce postponed the preliminary
determination of this investigation until
October 19, 2018.2 For a complete
description of the events that followed
the initiation of this investigation, see
the Preliminary Decision
1 See Steel Propane Cylinders from the People’s
Republic of China: Initiation of Countervailing Duty
Investigation, 83 FR 28189 (June 18, 2018)
(Initiation Notice).
2 See Steel Propane Cylinders from the People’s
Republic of China: Postponement of Preliminary
Determination in the Countervailing Duty
Investigation, 83 FR 37463 (August 1, 2018).
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Jkt 247001
Memorandum.3 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.
Scope of the Investigation
The products covered by this
investigation are steel propane cylinders
from China. For a complete description
of the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage, (i.e., scope).5 Certain
interested parties commented on the
scope of the investigation as it appeared
in the Initiation Notice. Commerce
intends to issue its preliminary decision
regarding comments concerning the
scope of the AD and CVD investigations
in the preliminary determination of the
companion AD investigation.
Methodology
Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable, we
preliminarily 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.6 In making these
findings, we relied, in part, on facts
available and, because we find that one
or more producers and exporters did not
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination in the
Countervailing Duty Investigation of Steel Propane
Cylinders from the People’s Republic of China,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
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.
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Sfmt 4703
act to the best of their ability to respond
our requests for information, we drew
an adverse inference where appropriate
in selecting from among the facts
otherwise available.7 For further
information, see ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ in the Preliminary Decision
Memorandum.
Alignment
As noted in the Preliminary Decision
Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), Commerce is aligning the
final countervailing duty (CVD)
determination in this investigation with
the final determination in the
companion antidumping duty (AD)
investigation of steel propane cylinders
from China based on a request made by
the petitioners.8 Consequently, the final
CVD determination will be issued on
the same date as the final AD
determination, which is currently
scheduled to be issued no later than
March 4, 2019, unless postponed.9
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of
the Act provide that in the preliminary
determination, Commerce shall
determine an estimated all-others rate
for companies not individually
examined. This rate shall be an amount
equal to the weighted average of the
estimated subsidy rates established for
those companies individually
examined, excluding any zero and de
minimis rates and any rates based
entirely under section 776 of the Act.
In this investigation, Commerce
preliminarily assigned a rate based
entirely on facts available to TPA Metals
and Machinery (SZ) Co. Ltd. (TPA
Metals). Therefore, the only rate that is
not zero, de minimis or based entirely
on facts otherwise available is the rate
calculated for Shandong Huanri Group
Co. Ltd. (Huanri). Consequently, the rate
calculated for Huanri is also assigned as
the rate for all-other producers and
exporters.
Preliminary Determination
Commerce preliminarily determines
that the following estimated
countervailable subsidy rates exist:
7 See
sections 776(a) and (b) of the Act.
Letter from the petitioners, ‘‘Steel Propane
Cylinders from the People’s Republic of China—
Petitioners’’ Request to Postpone Preliminary
Determination,’’ dated July 20, 2018 (Request for
Postponement).
9 See Steel Propane Cylinders from the People’s
Republic of China and Thailand: Postponement of
Preliminary Determinations in the Less-Than-Fair
Value Investigations, 83 FR 51927 (October 15,
2018).
8 See
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Federal Register / Vol. 83, No. 208 / Friday, October 26, 2018 / Notices
Subsidy rate
(percent)
Company
Guangzhou Lion Cylinders Co. Ltd .....................................................................................................................................................
Hubei Daly LPG Cylinder Manufacturer Co. Ltd .................................................................................................................................
Shandong Huanri Group Co. Ltd .........................................................................................................................................................
Taishan Machinery Factory Ltd ...........................................................................................................................................................
TPA Metals and Machinery (SZ) Co. Ltd ............................................................................................................................................
Wuyi Xilinde Machinery Manufacture Co., Ltd ....................................................................................................................................
Zhejiang Jucheng Steel Cylinder Co., Ltd ...........................................................................................................................................
All-Others .............................................................................................................................................................................................
Suspension of Liquidation
In accordance with section
703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and
Border Protection (CBP) to 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 the date of
publication of this notice in the Federal
Register. Further, pursuant to 19 CFR
351.205(d), Commerce will instruct CBP
to require a cash deposit equal to the
rates indicated above.
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this preliminary
determination within five days of its
public announcement, or if there is no
public announcement, within five days
of the date of this notice in accordance
with 19 CFR 351.224(b).
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Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify the
information relied upon in making its
final determination.
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the last
verification report is issued in this
investigation. Rebuttal briefs, limited to
issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.10
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
10 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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18:32 Oct 25, 2018
Jkt 247001
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.
International Trade Commission
Notification
In accordance with section 703(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its determination. 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.
Notification to Interested Parties
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act and 19 CFR
351.205(c).
Dated: October 19, 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 I
Scope of the Investigation
The products subject to this investigation
are steel cylinders for compressed or
liquefied propane gas (steel propane
cylinders) meeting the requirements of, or
produced to meet the requirements of, U.S.
Department of Transportation (USDOT)
Specifications 4B, 4BA, or 4BW, or Transport
Canada Specification 4BM, 4BAM, or 4BWM,
or United Nations pressure receptacle
standard ISO 4706. The scope includes steel
PO 00000
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Fmt 4703
54087
Sfmt 4703
145.37
145.37
42.77
145.37
145.37
145.37
145.37
42.77
propane cylinders regardless of whether they
have been certified to these specifications
before importation. Steel propane cylinders
range from 2.5 pound nominal gas capacity
(approximate 6 pound water capacity and
approximate 4–6 pound tare weight) to 42
pound nominal gas capacity (approximate
100 pound water capacity and approximate
28–32 pound tare weight). Steel propane
cylinders have two or fewer ports and may
be imported assembled or unassembled (i.e.,
welded or brazed before or after importation),
with or without all components (including
collars, valves, gauges, tanks, foot rings, and
overfill prevention devices), and coated or
uncoated. Also included within the scope are
drawn cylinder halves, unfinished propane
cylinders, collars, and foot rings for steel
propane cylinders.
An ‘‘unfinished’’ or ‘‘unassembled’’
propane cylinder includes drawn cylinder
halves that have not been welded into a
cylinder, cylinders that have not had flanges
welded into the port hole(s), cylinders that
are otherwise complete but have not had
collars or foot rings welded to them,
otherwise complete cylinders without a valve
assembly attached, and cylinders that are
otherwise complete except for testing,
certification, and/or marking.
This investigation also covers steel
propane cylinders that meet, are produced to
meet, or are certified as meeting, other U.S.
or Canadian government, international, or
industry standards (including, for example,
American Society of Mechanical Engineers
(ASME), or American National Standard
Institute (ANSI)), if they also meet, are
produced to meet, or are certified as meeting
USDOT Specification 4B, 4BA, or 4BW, or
Transport Canada Specification 4BM, 4BAM,
or 4BWM, or a United Nations pressure
receptacle standard ISO 4706.
Subject merchandise also includes steel
propane cylinders that have been further
processed in a third country, including but
not limited to, attachment of collars, foot
rings, or handles by welding or brazing, heat
treatment, painting, testing, certification, or
any other processing that would not
otherwise remove the merchandise from the
scope of the investigation if performed in the
country of manufacture of the in-scope steel
propane cylinders.
Specifically excluded are seamless steel
propane cylinders and propane cylinders
made from stainless steel (i.e., steel
containing at least 10.5 percent chromium by
weight and less than 1.2 percent carbon by
weight), aluminum, or composite fiber
material. Composite fiber material is material
consisting of the mechanical combination of
two components: Fiber (typically glass,
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Federal Register / Vol. 83, No. 208 / Friday, October 26, 2018 / Notices
carbon, or aramid (synthetic polymer)) and a
matrix material (typically polymer resin,
ceramic, or metallic).
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).
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 Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Alignment
VI. Injury Test
VII. Application of the CVD Law to Imports
From the China
VIII. Diversification of China’s Economy
IX. Subsidies Valuation
X. Benchmarks and Interest Rates
XI. Use of Facts Otherwise Available and
Adverse Inferences
XII. Analysis of Programs
XIII. Calculation of the All-Others Rate
XIV. ITC Notification
XV. Disclosure and Public Comment
XVI. Verification
XVII. Recommendation
[FR Doc. 2018–23453 Filed 10–25–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
North Pacific Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of a public meeting.
AGENCY:
The North Pacific Fishery
Management Council’s (Council) Social
Science Planning Team will hold a
teleconference on November 9, 2018.
DATES: The meeting will be held on
Friday, November 9, 2018, from 9 a.m.
to 1 p.m.
ADDRESSES: The meeting will be held
telephonically at (907) 271–2896.
Council address: North Pacific
Fishery Management Council, 605 W
4th Ave. Suite 306, Anchorage, AK
99501–2252; telephone: (907) 271–2809.
FOR FURTHER INFORMATION CONTACT:
Sarah Marrinan, Council staff;
telephone: (907) 271–2809.
SUPPLEMENTARY INFORMATION:
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VerDate Sep<11>2014
18:32 Oct 25, 2018
Jkt 247001
Friday, November 9, 2018
Agenda topics for the teleconference
include the following:
• Discuss and adopt terms of reference
• Consider document on socioeconomic guidance in other Councils
• Gap analysis update and future plans
• Consider response to Council’s
request for Tribal representation
• Agenda items for next in-person
meeting
• Other business
This meeting schedule is subject to
change. Final agenda will be posted at:
https://www.npfmc.org/committees/
social-science-planning-team/.
Public Comment
Public comment letters will be
accepted before November 5, 2018 and
should be submitted either
electronically to Sarah Marrinan,
Council staff: sarah.marrinan@noaa.gov
or through the mail: North Pacific
Fishery Management Council, 605 W
4th Ave. Suite 306, Anchorage, AK
99501–2252. Oral public testimony will
be accepted at the discretion of the
chair.
Special Accommodations
The meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to
Shannon Gleason at (907) 271–2809 at
least 7 working days prior to the
meeting date.
Dated: October 23, 2018.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
RIN 0648–XG580
SUMMARY:
Agenda
[FR Doc. 2018–23446 Filed 10–25–18; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG537
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to Oil and Gas Activities in
Cook Inlet, Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application for
Letter of Authorization; request for
comments and information.
AGENCY:
NMFS has received a request
from Hilcorp Alaska, LLC (Hilcorp) for
SUMMARY:
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Fmt 4703
Sfmt 4703
authorization to take small numbers of
marine mammals incidental to oil and
gas activities in Cook Inlet, Alaska over
the course of five years from the date of
issuance. Pursuant to regulations
implementing the Marine Mammal
Protection Act (MMPA), NMFS is
announcing receipt of the Hilcorp’s
request for the development and
implementation of regulations
governing the incidental taking of
marine mammals. NMFS invites the
public to provide information,
suggestions, and comments on the
Hilcorp’s application and request.
DATES: Comments and information must
be received no later than November 26,
2018.
ADDRESSES: Comments on the
applications should be addressed to
Jolie Harrison, Chief, Permits and
Conservation Division, Office of
Protected Resources, National Marine
Fisheries Service. Physical comments
should be sent to 1315 East-West
Highway, Silver Spring, MD 20910 and
electronic comments should be sent to
ITP.young@noaa.gov.
Instructions: NMFS is not responsible
for comments sent by any other method,
to any other address or individual, or
received after the end of the comment
period. Comments received
electronically, including all
attachments, must not exceed a 25megabyte file size. Attachments to
electronic comments will be accepted in
Microsoft Word or Excel or Adobe PDF
file formats only. All comments
received are a part of the public record
and will generally be posted online at
https://www.fisheries.noaa.gov/node/
23111 without change. All personal
identifying information (e.g., name,
address) voluntarily submitted by the
commenter may be publicly accessible.
Do not submit confidential business
information or otherwise sensitive or
protected information.
FOR FURTHER INFORMATION CONTACT: Sara
Young, Office of Protected Resources,
NMFS, (301) 427–8401. An electronic
copy of the Hilcorp’s application may be
obtained online at: https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentaltake-authorizations-oil-and-gas.htm. In
case of problems accessing these
documents, please call the contact listed
above.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce (as delegated
to NMFS) to allow, upon request, the
incidental, but not intentional, taking of
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Agencies
[Federal Register Volume 83, Number 208 (Friday, October 26, 2018)]
[Notices]
[Pages 54086-54088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23453]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-087]
Steel Propane Cylinders From the People's Republic of China:
Preliminary Affirmative Countervailing Duty Determination and Alignment
of Final Determination With Final Antidumping Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that countervailable subsidies are being provided to producers and
exporters of steel propane cylinders from the People's Republic of
China (China) for the period of investigation December 1, 2017, through
January 31, 2017. Interested parties are invited to comment on this
preliminary determination.
DATES: Applicable October 26, 2018.
FOR FURTHER INFORMATION CONTACT: Samuel Brummitt, 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) 482-7851.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on June 18,
2018.\1\ On August 1, 2018, Commerce postponed the preliminary
determination of this investigation until October 19, 2018.\2\ For a
complete description of the events that followed the initiation of this
investigation, see the Preliminary Decision Memorandum.\3\ 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 Steel Propane Cylinders from the People's Republic of
China: Initiation of Countervailing Duty Investigation, 83 FR 28189
(June 18, 2018) (Initiation Notice).
\2\ See Steel Propane Cylinders from the People's Republic of
China: Postponement of Preliminary Determination in the
Countervailing Duty Investigation, 83 FR 37463 (August 1, 2018).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination in the Countervailing Duty Investigation
of Steel Propane Cylinders from the People's Republic of China,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are steel propane
cylinders from China. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage, (i.e., scope).\5\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice. Commerce intends to issue its preliminary
decision regarding comments concerning the scope of the AD and CVD
investigations in the preliminary determination of the companion AD
investigation.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found
countervailable, we preliminarily 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.\6\ In
making these findings, we relied, in part, on facts available and,
because we find that one or more producers and exporters did not act to
the best of their ability to respond our requests for information, we
drew an adverse inference where appropriate in selecting from among the
facts otherwise available.\7\ For further information, see ``Use of
Facts Otherwise Available and Adverse Inferences'' in the Preliminary
Decision Memorandum.
---------------------------------------------------------------------------
\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\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
Alignment
As noted in the Preliminary Decision Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is
aligning the final countervailing duty (CVD) determination in this
investigation with the final determination in the companion antidumping
duty (AD) investigation of steel propane cylinders from China based on
a request made by the petitioners.\8\ Consequently, the final CVD
determination will be issued on the same date as the final AD
determination, which is currently scheduled to be issued no later than
March 4, 2019, unless postponed.\9\
---------------------------------------------------------------------------
\8\ See Letter from the petitioners, ``Steel Propane Cylinders
from the People's Republic of China--Petitioners'' Request to
Postpone Preliminary Determination,'' dated July 20, 2018 (Request
for Postponement).
\9\ See Steel Propane Cylinders from the People's Republic of
China and Thailand: Postponement of Preliminary Determinations in
the Less-Than-Fair Value Investigations, 83 FR 51927 (October 15,
2018).
---------------------------------------------------------------------------
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that in the
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. This rate shall be
an amount equal to the weighted average of the estimated subsidy rates
established for those companies individually examined, excluding any
zero and de minimis rates and any rates based entirely under section
776 of the Act.
In this investigation, Commerce preliminarily assigned a rate based
entirely on facts available to TPA Metals and Machinery (SZ) Co. Ltd.
(TPA Metals). Therefore, the only rate that is not zero, de minimis or
based entirely on facts otherwise available is the rate calculated for
Shandong Huanri Group Co. Ltd. (Huanri). Consequently, the rate
calculated for Huanri is also assigned as the rate for all-other
producers and exporters.
Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
[[Page 54087]]
------------------------------------------------------------------------
Subsidy rate
Company (percent)
------------------------------------------------------------------------
Guangzhou Lion Cylinders Co. Ltd........................ 145.37
Hubei Daly LPG Cylinder Manufacturer Co. Ltd............ 145.37
Shandong Huanri Group Co. Ltd........................... 42.77
Taishan Machinery Factory Ltd........................... 145.37
TPA Metals and Machinery (SZ) Co. Ltd................... 145.37
Wuyi Xilinde Machinery Manufacture Co., Ltd............. 145.37
Zhejiang Jucheng Steel Cylinder Co., Ltd................ 145.37
All-Others.............................................. 42.77
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
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 the date of publication of this
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d),
Commerce will instruct CBP to require a cash deposit equal to the rates
indicated above.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of its public announcement, or if there is no public
announcement, within five days of the date of this notice in accordance
with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation. Rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than five days after the deadline
date for case briefs.\10\ 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.
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\10\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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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.
International Trade Commission Notification
In accordance with section 703(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its determination. 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.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: October 19, 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 I
Scope of the Investigation
The products subject to this investigation are steel cylinders
for compressed or liquefied propane gas (steel propane cylinders)
meeting the requirements of, or produced to meet the requirements
of, U.S. Department of Transportation (USDOT) Specifications 4B,
4BA, or 4BW, or Transport Canada Specification 4BM, 4BAM, or 4BWM,
or United Nations pressure receptacle standard ISO 4706. The scope
includes steel propane cylinders regardless of whether they have
been certified to these specifications before importation. Steel
propane cylinders range from 2.5 pound nominal gas capacity
(approximate 6 pound water capacity and approximate 4-6 pound tare
weight) to 42 pound nominal gas capacity (approximate 100 pound
water capacity and approximate 28-32 pound tare weight). Steel
propane cylinders have two or fewer ports and may be imported
assembled or unassembled (i.e., welded or brazed before or after
importation), with or without all components (including collars,
valves, gauges, tanks, foot rings, and overfill prevention devices),
and coated or uncoated. Also included within the scope are drawn
cylinder halves, unfinished propane cylinders, collars, and foot
rings for steel propane cylinders.
An ``unfinished'' or ``unassembled'' propane cylinder includes
drawn cylinder halves that have not been welded into a cylinder,
cylinders that have not had flanges welded into the port hole(s),
cylinders that are otherwise complete but have not had collars or
foot rings welded to them, otherwise complete cylinders without a
valve assembly attached, and cylinders that are otherwise complete
except for testing, certification, and/or marking.
This investigation also covers steel propane cylinders that
meet, are produced to meet, or are certified as meeting, other U.S.
or Canadian government, international, or industry standards
(including, for example, American Society of Mechanical Engineers
(ASME), or American National Standard Institute (ANSI)), if they
also meet, are produced to meet, or are certified as meeting USDOT
Specification 4B, 4BA, or 4BW, or Transport Canada Specification
4BM, 4BAM, or 4BWM, or a United Nations pressure receptacle standard
ISO 4706.
Subject merchandise also includes steel propane cylinders that
have been further processed in a third country, including but not
limited to, attachment of collars, foot rings, or handles by welding
or brazing, heat treatment, painting, testing, certification, or any
other processing that would not otherwise remove the merchandise
from the scope of the investigation if performed in the country of
manufacture of the in-scope steel propane cylinders.
Specifically excluded are seamless steel propane cylinders and
propane cylinders made from stainless steel (i.e., steel containing
at least 10.5 percent chromium by weight and less than 1.2 percent
carbon by weight), aluminum, or composite fiber material. Composite
fiber material is material consisting of the mechanical combination
of two components: Fiber (typically glass,
[[Page 54088]]
carbon, or aramid (synthetic polymer)) and a matrix material
(typically polymer resin, ceramic, or metallic).
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). 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 Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Alignment
VI. Injury Test
VII. Application of the CVD Law to Imports From the China
VIII. Diversification of China's Economy
IX. Subsidies Valuation
X. Benchmarks and Interest Rates
XI. Use of Facts Otherwise Available and Adverse Inferences
XII. Analysis of Programs
XIII. Calculation of the All-Others Rate
XIV. ITC Notification
XV. Disclosure and Public Comment
XVI. Verification
XVII. Recommendation
[FR Doc. 2018-23453 Filed 10-25-18; 8:45 am]
BILLING CODE 3510-DS-P