Steel Propane Cylinders From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value and Postponement of Final Determination Measures, 66675-66678 [2018-28065]
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Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Notices
remain on the project mailing list and
do not need to contact the Forest.
Dated: December 4, 2018.
Jennifer Eberlien,
Acting Associate Deputy Chief, National
Forest System.
[FR Doc. 2018–27970 Filed 12–26–18; 8:45 am]
BILLING CODE 3411–15–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–79–2018]
khammond on DSK30JT082PROD with NOTICES
Foreign-Trade Zone 263—LewistonAuburn, Maine; Application for
Reorganization (Expansion of Service
Area); Under Alternative Site
Framework
An application has been submitted to
the Foreign-Trade Zones (FTZ) Board by
the Lewiston-Auburn Economic Growth
Council, grantee of Foreign-Trade Zone
263, requesting authority to reorganize
the zone to expand its service area
under the alternative site framework
(ASF) adopted by the FTZ Board (15
CFR Sec. 400.2(c)). The ASF is an
option for grantees for the establishment
or reorganization of zones and can
permit significantly greater flexibility in
the designation of new subzones or
‘‘usage-driven’’ FTZ sites for operators/
users located within a grantee’s ‘‘service
area’’ in the context of the FTZ Board’s
standard 2,000-acre activation limit for
a zone. The application was submitted
pursuant to the Foreign-Trade Zones
Act, as amended (19 U.S.C. 81a–81u),
and the regulations of the FTZ Board (15
CFR part 400). It was formally docketed
on December 19, 2018.
FTZ 263 was approved by the FTZ
Board on October 1, 2004 (Board Order
1354, 69 FR 60840, October 13, 2004)
and reorganized under the ASF on April
9, 2015 (Board Order 1973, 80 FR 20469,
April 16, 2015). The zone currently has
a service area that includes the Counties
of Androscoggin, Cumberland and
Sagadahoc, Maine.
The applicant is now requesting
authority to expand the service area of
the zone to include York County, Maine,
as described in the application. If
approved, the grantee would be able to
serve sites throughout the expanded
service area based on companies’ needs
for FTZ designation. The application
indicates that the proposed expanded
service area is adjacent to the Portland
Customs and Border Protection Port of
Entry.
In accordance with the FTZ Board’s
regulations, Kathleen Boyce of the FTZ
Staff is designated examiner to evaluate
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and analyze the facts and information
presented in the application and case
record and to report findings and
recommendations to the FTZ Board.
Public comment is invited from
interested parties. Submissions shall be
addressed to the FTZ Board’s Executive
Secretary at the address below. The
closing period for their receipt is
February 25, 2019. Rebuttal comments
in response to material submitted
during the foregoing period may be
submitted during the subsequent 15-day
period March 12, 2019.
A copy of the application will be
available for public inspection at the
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room
21013, U.S. Department of Commerce,
1401 Constitution Avenue NW,
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the FTZ
Board’s website, which is accessible via
www.trade.gov/ftz. For further
information, contact Kathleen Boyce at
Kathleen.Boyce@trade.gov or (202) 482–
1346.
Dated: December 19, 2018.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2018–28064 Filed 12–26–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–086]
Steel Propane Cylinders From the
People’s Republic of China:
Preliminary Affirmative Determination
of Sales at Less Than Fair Value and
Postponement of Final Determination
Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that steel propane cylinders from the
People’s Republic of China (China) are
being, or are likely to be, sold in the
United States at less than fair value
(LTFV). Interested parties are invited to
comment on this preliminary
determination.
DATES: Applicable December 27, 2018.
FOR FURTHER INFORMATION CONTACT:
Jonathan Cornfield or Laura Griffith,
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) 482–3855 or
(202) 482–6430, respectively.
AGENCY:
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SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 733(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 October 15, 2018,
Commerce postponed the preliminary
determination of this investigation and
the revised deadline is now December
18, 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
included 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 discussion
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
1 See Steel Propane Cylinders from the People’s
Republic of China, Taiwan, and Thailand: Initiation
of Less-Than-Fair-Value Investigations, 83 FR
28196 (June 18, 2018) (Initiation Notice) and
accompanying Initiation Checklist.
2 See Steel Propane Cylinders from the People’s
Republic of China and Thailand: Postponement of
Preliminary Determinations in the Less-Than-FairValue Investigations, 83 FR 51927 (October 15,
2018) (Preliminary Postponement Notice).
3 See memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value 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,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
5 See Initiation Notice, 83 FR at 28196.
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Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Notices
Initiation Notice. For a summary of the
product coverage comments and
rebuttal responses submitted to the
record for this preliminary
determination and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Scope Decision Memorandum.6
Commerce is preliminarily modifying
the scope language as it appeared in the
Initiation Notice. See the revised scope
in Appendix I to this notice.
Methodology
Commerce is conducting this
investigation in accordance with section
preliminary determination, see the
Preliminary Decision Memorandum.
Combination Rates
In the Initiation Notice,7 Commerce
stated that it would calculate producer/
exporter combination rates for the
respondents that are eligible for a
separate rate in this investigation. Policy
Bulletin 05.1 describes this practice.8
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Producer
Exporter
GSBF Tank Inc .......................................................
Shandong Huanri Group Co. Ltd ............................
Jiaxing Pressure Vessel Factory ............................
China-Wide Entity 9 .................................................
Hong Kong GSBF Company Limited .....................
Shandong Huanri Group Co. Ltd ...........................
Jiaxing Pressure Vessel Factory ...........................
............................................................................
Estimated
weighted-average
dumping margin
(percent)
Cash deposit rate
(adjusted for
subsidy offsets)
(percent)
41.08
33.37
33.86
108.60
15.98
8.27
8.76
83.50
In accordance with section 733(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 section
733(d)(1)(B) of the Act and 19 CFR
351.205(d), Commerce will instruct CBP
to require a cash deposit equal to the
weighted-average amount by which NV
exceeds U.S. price, as indicated in the
chart above as follows: (1) For the
producer/exporter combinations listed
in the table above, the cash deposit rate
is equal to the estimated weightedaverage dumping margin listed for that
combination in the table; (2) for all
combinations of steel propane cylinders
producers/exporters of merchandise
under consideration that have not
established eligibility for their own
separate rates, the cash deposit rate will
be equal to the estimated weightedaverage dumping margin established for
the China-wide entity; and (3) for all
third-county exporters of steel propane
cylinders not listed in the table above,
the cash deposit rate is the cash deposit
rate applicable to the China producer/
exporter combination (or the Chinawide entity) that supplied that thirdcountry exporter.
To determine the cash deposit rate,
Commerce normally adjusts the
estimated weighted-average dumping
margin by the amount of domestic
subsidy pass-through and export
subsidies determined in a companion
CVD proceeding when CVD provisional
measures are in effect. Accordingly,
where Commerce has made a
preliminary affirmative determination
for domestic subsidy pass-through or
export subsidies, Commerce has offset
the calculated estimated weightedaverage dumping margin by the
appropriate rate(s). Any such adjusted
rates may be found in the chart of
estimated weighted-average dumping
margins located in the section titled
Preliminary Determination above.
Should provisional measures in the
companion CVD investigation expire
prior to the expiration of provisional
measures in this LTFV investigation,
Commerce will direct CBP to begin
collecting cash deposits at a rate equal
to the estimated weighted-average
dumping margins calculated in this
preliminary determination unadjusted
for the passed-through domestic
subsidies or for export subsidies at the
time the CVD provisional measures
expire.
These suspension of liquidation
instructions will remain in effect until
further notice.
6 See memorandum, ‘‘Scope Comments Decision
Memorandum for the Preliminary Determinations,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Scope Decision
Memorandum).
7 See Initiation Notice, 83 FR at 28201.
8 See Enforcement and Compliance’s Policy
Bulletin No. 05.1, regarding, ‘‘Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market
Economy Countries,’’ (April 5, 2005) (Policy
Bulletin 05.1), available on the Department’s
website at https://enforcement.trade.gov/policy/
bull05-1.pdf.
9 The China-wide entity includes: Hubei Daly
LPG Cylinder Manufacturer Co. Ltd., Taishan
Machinery Factory Ltd., TPA Metals and Machinery
(DG) Co. Ltd., Wuyi Xilinde Machinery
Manufacture Co., Ltd., and Zhejiang Jucheng Steel
Cylinder Co., Ltd.
10 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
Suspension of Liquidation
khammond on DSK30JT082PROD with NOTICES
731 of the Act. Export prices were
calculated in accordance with section
772(a) of the Act. Because China is a
non-market economy within the
meaning of section 771(18) of the Act,
normal value (NV) was calculated in
accordance with section 773(c) of the
Act. In addition, pursuant to section
776(a) and (b) of the Act, Commerce
preliminarily has relied upon facts
otherwise available, with adverse
inferences, for the China-wide entity.
For a full description of the
methodology underlying Commerce’s
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Disclosure
Commerce intends to disclose to
interested parties the calculations
performed in connection with this
preliminary determination within five
days of any public announcement or, if
there is no public announcement,
within five days of the date of
publication 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
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Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Notices
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.
khammond on DSK30JT082PROD with NOTICES
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
Pursuant to 19 CFR 351.210(e)(2),
Commerce requires that requests by
respondents for postponement of a final
antidumping determination be
accompanied by a request for extension
of provisional measures from a fourmonth period to a period not more than
six months in duration.
On December 7, 2018, pursuant to 19
CFR 351.210(e), the respondents
requested that Commerce postpone the
final determination and that provisional
measures be extended to a period not to
exceed six months.11 In accordance with
section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii) and (e)(2), because
(1) the preliminary determination is
affirmative, (2) the requesting exporters
11 See respondents’ letter ‘‘Steel Propane
Cylinders from the People’s Republic of China:
Request for Extension of Final Determination,’’
dated December 7, 2018.
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account for a significant proportion of
exports of the subject merchandise, and
(3) no compelling reasons for denial
exist, Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
publication 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 Commerce’s 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: December 18, 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 merchandise covered by this
investigation is steel cylinders for
compressed or liquefied propane or other
gases (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 TransportCanada
Specification 4BM, 4BAM, or 4BWM, or
United Nations pressure receptacle standard
ISO 4706 and otherwise meeting the
description provided below. 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
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66677
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,
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. Period of Investigation
IV. Postponement of Final Determination and
Extension of Provisional Measures
V. Scope Comments
VI. Discussion of the Methodology
A. Non-Market Economy (NME) Country
B. Surrogate Country
C. Separate Rates
D. Combination Rates
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Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Notices
E. The China-Wide Entity
F. Application of Facts Available and
Adverse Inferences
G. Date of Sale
H. Comparisons to Fair Value
I. Export Price
J. Value-Added Tax
K. Normal Value
L. Factor Valuation Methodology
VII. Currency Conversion
VIII. Adjustment for Countervailable Export
Subsidies
IX. Adjustment Under Section 777A(f) of the
Act
X. Verification
XI. U.S. International Trade Commission
Notification
XII. Recommendation
[FR Doc. 2018–28065 Filed 12–26–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–839]
Steel Propane Cylinders From
Thailand: Preliminary Affirmative
Determination of Sales at Less Than
Fair Value and Postponement of Final
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that steel propane cylinders from
Thailand are being, or are likely to be,
sold in the United States at less than fair
value (LTFV). Interested parties are
invited to comment on this preliminary
determination.
DATES: Applicable December 27, 2018.
FOR FURTHER INFORMATION CONTACT:
Cindy Robinson or Stephanie Moore,
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) 482–3797 or
(202) 482–3692, respectively.
SUPPLEMENTARY INFORMATION:
khammond on DSK30JT082PROD with NOTICES
AGENCY:
Background
This preliminary determination is
made in accordance with section 733(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 October 15, 2018,
Commerce postponed the preliminary
determination of this investigation and
1 See Steel Propane Cylinders from the People’s
Republic of China, Taiwan, and Thailand: Initiation
of Less-Than-Fair-Value Investigations, 83 FR 28196
(June 18, 2018) (Initiation Notice) and
accompanying Initiation Checklist.
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17:14 Dec 26, 2018
Jkt 247001
the revised deadline is now December
18, 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
included 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 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 Thailand. For a complete
discussion 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. For a summary of the
product coverage comments and
rebuttal responses submitted to the
record for this preliminary
determination and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Scope Decision Memorandum.6
Commerce is preliminarily modifying
the scope language as it appeared in the
Initiation Notice. See the revised scope
in Appendix I to this notice.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Export prices were
calculated in accordance with section
772(a) of the Act. Normal value (NV)
was calculated in accordance with
section 773 of the Act. For a full
description of the methodology
underlying the preliminary
determination, see the Preliminary
Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A)
of the Act provide that in the
preliminary determination Commerce
shall determine an estimated all-others
rate for all exporters and producers not
individually examined. This rate shall
be an amount equal to the weighted
average of the estimated weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act.
Commerce calculated an individual
estimated weighted-average dumping
margin for Sahamitr Pressure Container
Public Company Limited (SMPC), the
only individually examined exporter/
producer in this investigation. Because
the only individually calculated
dumping margin is not zero, de
minimis, or based entirely on facts
otherwise available, the estimated
weighted-average dumping margin
calculated for SMPC is the margin
assigned to all-other producers and
exporters, pursuant to section
735(c)(5)(A) of the Act.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Exporter/producer
2 See Steel Propane Cylinders from the People’s
Republic of China and Thailand: Postponement of
Preliminary Determinations in the Less-Than-FairValue Investigations, 83 FR 51927 (October 15,
2018) (Preliminary Postponement Notice).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Steel Propane Cylinders
from Thailand’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
4 See Antidumping Duties; Countervailing Duties,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
5 See Initiation Notice, 83 FR at 28196.
6 See Memorandum, ‘‘Scope Comments Decision
Memorandum for the Preliminary Determinations’’
(Preliminary Scope Decision Memorandum), dated
concurrently with this preliminary determination.
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Sahamitr Pressure Container Plc .....................
All-Others ........................
Estimated
weighted-average
dumping margin
(percent)
9.85
9.85
Suspension of Liquidation
In accordance with section 733(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 Appendix
I, entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of this notice in
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Agencies
[Federal Register Volume 83, Number 247 (Thursday, December 27, 2018)]
[Notices]
[Pages 66675-66678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-28065]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-086]
Steel Propane Cylinders From the People's Republic of China:
Preliminary Affirmative Determination of Sales at Less Than Fair Value
and Postponement of Final Determination Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that steel propane cylinders from the People's Republic of China
(China) are being, or are likely to be, sold in the United States at
less than fair value (LTFV). Interested parties are invited to comment
on this preliminary determination.
DATES: Applicable December 27, 2018.
FOR FURTHER INFORMATION CONTACT: Jonathan Cornfield or Laura Griffith,
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) 482-3855
or (202) 482-6430, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(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 October 15, 2018, Commerce postponed the preliminary
determination of this investigation and the revised deadline is now
December 18, 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 included 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.
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\1\ See Steel Propane Cylinders from the People's Republic of
China, Taiwan, and Thailand: Initiation of Less-Than-Fair-Value
Investigations, 83 FR 28196 (June 18, 2018) (Initiation Notice) and
accompanying Initiation Checklist.
\2\ 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) (Preliminary Postponement Notice).
\3\ See memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Steel
Propane Cylinders from the People's Republic of China,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are steel propane
cylinders from China. For a complete discussion 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
[[Page 66676]]
Initiation Notice. For a summary of the product coverage comments and
rebuttal responses submitted to the record for this preliminary
determination and accompanying discussion and analysis of all comments
timely received, see the Preliminary Scope Decision Memorandum.\6\
Commerce is preliminarily modifying the scope language as it appeared
in the Initiation Notice. See the revised scope in Appendix I to this
notice.
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\4\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997) (Preamble).
\5\ See Initiation Notice, 83 FR at 28196.
\6\ See memorandum, ``Scope Comments Decision Memorandum for the
Preliminary Determinations,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Scope Decision Memorandum).
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Export prices were calculated in accordance
with section 772(a) of the Act. Because China is a non-market economy
within the meaning of section 771(18) of the Act, normal value (NV) was
calculated in accordance with section 773(c) of the Act. In addition,
pursuant to section 776(a) and (b) of the Act, Commerce preliminarily
has relied upon facts otherwise available, with adverse inferences, for
the China-wide entity. For a full description of the methodology
underlying Commerce's preliminary determination, see the Preliminary
Decision Memorandum.
Combination Rates
In the Initiation Notice,\7\ Commerce stated that it would
calculate producer/exporter combination rates for the respondents that
are eligible for a separate rate in this investigation. Policy Bulletin
05.1 describes this practice.\8\
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\7\ See Initiation Notice, 83 FR at 28201.
\8\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on
the Department's website at https://enforcement.trade.gov/policy/bull05-1.pdf.
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Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
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\9\ The China-wide entity includes: Hubei Daly LPG Cylinder
Manufacturer Co. Ltd., Taishan Machinery Factory Ltd., TPA Metals
and Machinery (DG) Co. Ltd., Wuyi Xilinde Machinery Manufacture Co.,
Ltd., and Zhejiang Jucheng Steel Cylinder Co., Ltd.
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Estimated Cash deposit rate
weighted-average (adjusted for
Producer Exporter dumping margin subsidy offsets)
(percent) (percent)
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GSBF Tank Inc.............................. Hong Kong GSBF Company 41.08 15.98
Limited.
Shandong Huanri Group Co. Ltd.............. Shandong Huanri Group Co. Ltd 33.37 8.27
Jiaxing Pressure Vessel Factory............ Jiaxing Pressure Vessel 33.86 8.76
Factory.
China-Wide Entity \9\...................... ............................. 108.60 83.50
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Suspension of Liquidation
In accordance with section 733(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 section 733(d)(1)(B) of the Act
and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash
deposit equal to the weighted-average amount by which NV exceeds U.S.
price, as indicated in the chart above as follows: (1) For the
producer/exporter combinations listed in the table above, the cash
deposit rate is equal to the estimated weighted-average dumping margin
listed for that combination in the table; (2) for all combinations of
steel propane cylinders producers/exporters of merchandise under
consideration that have not established eligibility for their own
separate rates, the cash deposit rate will be equal to the estimated
weighted-average dumping margin established for the China-wide entity;
and (3) for all third-county exporters of steel propane cylinders not
listed in the table above, the cash deposit rate is the cash deposit
rate applicable to the China producer/exporter combination (or the
China-wide entity) that supplied that third-country exporter.
To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of domestic
subsidy pass-through and export subsidies determined in a companion CVD
proceeding when CVD provisional measures are in effect. Accordingly,
where Commerce has made a preliminary affirmative determination for
domestic subsidy pass-through or export subsidies, Commerce has offset
the calculated estimated weighted-average dumping margin by the
appropriate rate(s). Any such adjusted rates may be found in the chart
of estimated weighted-average dumping margins located in the section
titled Preliminary Determination above.
Should provisional measures in the companion CVD investigation
expire prior to the expiration of provisional measures in this LTFV
investigation, Commerce will direct CBP to begin collecting cash
deposits at a rate equal to the estimated weighted-average dumping
margins calculated in this preliminary determination unadjusted for the
passed-through domestic subsidies or for export subsidies at the time
the CVD provisional measures expire.
These suspension of liquidation instructions will remain in effect
until further notice.
Disclosure
Commerce intends to disclose to interested parties the calculations
performed in connection with this preliminary determination within five
days of any public announcement or, if there is no public announcement,
within five days of the date of publication 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\
[[Page 66677]]
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.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Pursuant to 19 CFR 351.210(e)(2), Commerce requires
that requests by respondents for postponement of a final antidumping
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
On December 7, 2018, pursuant to 19 CFR 351.210(e), the respondents
requested that Commerce postpone the final determination and that
provisional measures be extended to a period not to exceed six
months.\11\ In accordance with section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii) and (e)(2), because (1) the preliminary
determination is affirmative, (2) the requesting exporters account for
a significant proportion of exports of the subject merchandise, and (3)
no compelling reasons for denial exist, Commerce is postponing the
final determination and extending the provisional measures from a four-
month period to a period not greater than six months. Accordingly,
Commerce will make its final determination no later than 135 days after
the date of publication of this preliminary determination.
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\11\ See respondents' letter ``Steel Propane Cylinders from the
People's Republic of China: Request for Extension of Final
Determination,'' dated December 7, 2018.
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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 Commerce's
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: December 18, 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 merchandise covered by this investigation is steel cylinders
for compressed or liquefied propane or other gases (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 TransportCanada Specification
4BM, 4BAM, or 4BWM, or United Nations pressure receptacle standard
ISO 4706 and otherwise meeting the description provided below. 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, 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. Period of Investigation
IV. Postponement of Final Determination and Extension of Provisional
Measures
V. Scope Comments
VI. Discussion of the Methodology
A. Non-Market Economy (NME) Country
B. Surrogate Country
C. Separate Rates
D. Combination Rates
[[Page 66678]]
E. The China-Wide Entity
F. Application of Facts Available and Adverse Inferences
G. Date of Sale
H. Comparisons to Fair Value
I. Export Price
J. Value-Added Tax
K. Normal Value
L. Factor Valuation Methodology
VII. Currency Conversion
VIII. Adjustment for Countervailable Export Subsidies
IX. Adjustment Under Section 777A(f) of the Act
X. Verification
XI. U.S. International Trade Commission Notification
XII. Recommendation
[FR Doc. 2018-28065 Filed 12-26-18; 8:45 am]
BILLING CODE 3510-DS-P