High Pressure Steel Cylinders From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review; 2017, 40393-40394 [2019-17432]

Download as PDF Federal Register / Vol. 84, No. 157 / Wednesday, August 14, 2019 / Notices initiation of administrative review with respect to LGE.5 As a result of the revocation of the AD order, the POR of this administrative review is February 1, 2018, through February 14, 2018. On July 26, 2019, both the petitioner and LGE timely withdrew their requests for an administrative review of LGE.6 Rescission of Administrative Review Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if the parties that requested a review withdraw the request within 90 days of the date of publication of the notice of initiation of the requested review. The petitioner and LGE withdrew their requests for review before the 90-day deadline, and no other party requested an administrative review of this order. Therefore, we are rescinding the administrative review of the AD order on washers from Korea covering the period February 1, 2018, through February 14, 2018. Assessment Commerce will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries. Because Commerce is rescinding this administrative review in its entirety, the entries to which this administrative review pertained shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue appropriate assessment instructions directly to CBP 15 days after the date of publication of this notice in the Federal Register. jspears on DSK3GMQ082PROD with NOTICES Notification to Importers This notice serves as the only reminder to importers of their responsibility, under 19 CFR 351.402(f)(2), to file a certificate regarding the reimbursement of antidumping and/or countervailing duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement may result in the presumption that reimbursement of antidumping and/or countervailing 5 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 84 FR 18777, 18782 (May 2, 2019). 6 See Petitioner’s Letter, ‘‘Large Residential Washers from Korea: Withdrawal of Request for Administrative Review of Antidumping Order,’’ dated July 26, 2019; see also LGE Letter, ‘‘LG Electronics’ Withdrawal of Request for Antidumping Administrative Review Large Residential Washers from Korea,’’ dated July 26, 2019. VerDate Sep<11>2014 18:56 Aug 13, 2019 Jkt 247001 duties occurred and the subsequent assessment of double antidumping duties. Notification Regarding Administrative Protective Orders This notice serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties This notice is published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(d)(4). Dated: August 7, 2019. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2019–17429 Filed 8–13–19; 8:45 am] BILLING CODE 3510–DS–P 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; 2017 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that producers and/or exporters subject to this administrative review received countervailable subsidies. Interested parties are invited to comment on these preliminary results of review. DATES: Applicable August 14, 2019. FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1395. SUPPLEMENTARY INFORMATION: AGENCY: Background On June 1, 2018, Commerce published a notice of opportunity to request an administrative review of the PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 40393 countervailing duty order on high pressure steel cylinders from the People’s Republic of China (China) for the period of review January 1, 2017 through December 31, 2017.1 On June 28, 2018 and June 29, 2018, 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 10, 2018.3 We exercised our discretion to toll all deadlines affected by the partial federal government closure from December 22, 2018 through the resumption of operations on January 29, 2019.4 The revised deadline for the preliminary results of this administrative review thus became April 11, 2019. On March 14, 2019, we postponed the deadline for issuing the preliminary results of this administrative review until August 9, 2019.5 For a complete description of the events that followed the initiation of this administrative review, see the Preliminary Decision Memorandum.6 A list of topics discussed in the Preliminary Decision Memorandum is provided in the 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 http://access.trade.gov, and is available to all parties in the Central Records Unit, Room B8024 of the main Commerce building. In addition, a 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 83 FR 25429 (June 1, 2018). 2 See Petitioner’s Letter, ‘‘High Pressure Steel Cylinders from the People’s Republic of China: Request for Administrative Review and Entry of Appearance,’’ dated June 28, 2018; see also BTIC’s Letter, ‘‘Request for the Sixth Administrative Review of the Countervailing Duty Order on High Pressure Steel Cylinders from the People’s Republic of China, C–570–978 (POR: 01/01/17–12/31/17),’’ dated June 29, 2018. 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 83 FR 39688 (August 10, 2018). 4 See Memorandum, ‘‘Deadlines Affected by the Partial Shutdown of the Federal Government,’’ dated January 28, 2019. All deadlines in this segment of the proceeding have been extended by 40 days. 5 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; 2017,’’ dated March 14, 2019. 6 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of 2017 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). E:\FR\FM\14AUN1.SGM 14AUN1 40394 Federal Register / Vol. 84, No. 157 / Wednesday, August 14, 2019 / Notices 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 Order The merchandise subject to the order is seamless steel cylinders designed for storage or transport of compressed or liquefied gas (high pressure steel cylinders). The high pressure steel cylinders subject to the order are currently classifiable under subheadings 7311.00.00.30 of the Harmonized Tariff Schedule of the United States (HTSUS) and may also enter under HTSUS subheadings 7311.00.00.60 or 7311.00.00.90. While the HTSUS subheadings are provided for convenience and customs purposes, the written description is dispositive. A full description of the scope of the order is contained in the Preliminary Decision Memorandum. 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.7 For a full description of the methodology underlying our preliminary conclusions, see the Preliminary Decision Memorandum.8 In making these findings, we relied, in part, on facts available, and because we find that the Government of China (GOC) did not act to the best of its ability to respond to our requests for information, we drew an adverse inference where appropriate in selecting from among the facts otherwise available.9 For further information, see ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ in the Preliminary Decision Memorandum. jspears on DSK3GMQ082PROD with NOTICES Preliminary Results of the Review We preliminarily find that the following net countervailable subsidy rate exists for the mandatory respondent, BTIC, for the period of 7 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(5)(A) of the Act regarding specificity. 8 A list of topics discussed in the Preliminary Decision Memorandum can be found in the appendix to this notice. 9 See sections 776(a) and (b) of the Act. VerDate Sep<11>2014 18:56 Aug 13, 2019 Jkt 247001 review January 1, 2017 through December 31, 2017: Subsidy rate Ad Valorem (percent) Company Beijing Tianhai Industry Co., Ltd. 10 ................................ 30.62 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 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. 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.11 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 notice in the Federal Register, and rebuttal comments (rebuttal briefs) within five days after the time limit for filing case briefs.12 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) 10 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. 11 See 19 CFR 351.224(b). 12 See 19 CFR 351.309(c)(1)(ii) and (d)(1); and 19 CFR 351.303 (for general filing requirements). PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 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.13 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.14 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.15 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 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: August 7, 2019. Jeffrey I. Kessler, 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. Diversification of China’s Economy V. Subsidies Valuation Information VI. Benchmarks and Discount Rates VII. Use of Facts Otherwise Available and Adverse Inferences VIII. Analysis of Programs IX. Disclosure and Public Comment X. Conclusion [FR Doc. 2019–17432 Filed 8–13–19; 8:45 am] BILLING CODE 3510–DS–P 13 See 19 CFR 351.309(c)(2) and (d)(2). 19 CFR 351.310(c). 15 See 19 CFR 351.310(d). 14 See E:\FR\FM\14AUN1.SGM 14AUN1

Agencies

[Federal Register Volume 84, Number 157 (Wednesday, August 14, 2019)]
[Notices]
[Pages 40393-40394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17432]


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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; 2017

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that producers and/or exporters subject to this administrative review 
received countervailable subsidies. Interested parties are invited to 
comment on these preliminary results of review.

DATES: Applicable August 14, 2019.

FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski, AD/CVD 
Operations, Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1395.

SUPPLEMENTARY INFORMATION:

Background

    On June 1, 2018, Commerce published a notice of opportunity to 
request an administrative review of the countervailing duty order on 
high pressure steel cylinders from the People's Republic of China 
(China) for the period of review January 1, 2017 through December 31, 
2017.\1\ On June 28, 2018 and June 29, 2018, 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 10, 2018.\3\ We 
exercised our discretion to toll all deadlines affected by the partial 
federal government closure from December 22, 2018 through the 
resumption of operations on January 29, 2019.\4\ The revised deadline 
for the preliminary results of this administrative review thus became 
April 11, 2019. On March 14, 2019, we postponed the deadline for 
issuing the preliminary results of this administrative review until 
August 9, 2019.\5\ For a complete description of the events that 
followed the initiation of this administrative review, see the 
Preliminary Decision Memorandum.\6\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 83 FR 25429 (June 1, 2018).
    \2\ See Petitioner's Letter, ``High Pressure Steel Cylinders 
from the People's Republic of China: Request for Administrative 
Review and Entry of Appearance,'' dated June 28, 2018; see also 
BTIC's Letter, ``Request for the Sixth Administrative Review of the 
Countervailing Duty Order on High Pressure Steel Cylinders from the 
People's Republic of China, C-570-978 (POR: 01/01/17-12/31/17),'' 
dated June 29, 2018.
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 39688 (August 10, 2018).
    \4\ See Memorandum, ``Deadlines Affected by the Partial Shutdown 
of the Federal Government,'' dated January 28, 2019. All deadlines 
in this segment of the proceeding have been extended by 40 days.
    \5\ 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; 2017,'' 
dated March 14, 2019.
    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of 2017 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).
---------------------------------------------------------------------------

    A list of topics discussed in the Preliminary Decision Memorandum 
is provided in the 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 http://access.trade.gov, and is available to all 
parties in the Central Records Unit, Room B8024 of the main Commerce 
building. In addition, a

[[Page 40394]]

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 Order

    The merchandise subject to the order is seamless steel cylinders 
designed for storage or transport of compressed or liquefied gas (high 
pressure steel cylinders). The high pressure steel cylinders subject to 
the order are currently classifiable under subheadings 7311.00.00.30 of 
the Harmonized Tariff Schedule of the United States (HTSUS) and may 
also enter under HTSUS subheadings 7311.00.00.60 or 7311.00.00.90. 
While the HTSUS subheadings are provided for convenience and customs 
purposes, the written description is dispositive. A full description of 
the scope of the order is contained in the Preliminary Decision 
Memorandum.

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.\7\ For a full description 
of the methodology underlying our preliminary conclusions, see the 
Preliminary Decision Memorandum.\8\
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    \7\ 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(5)(A) of the Act regarding specificity.
    \8\ A list of topics discussed in the Preliminary Decision 
Memorandum can be found in the appendix to this notice.
---------------------------------------------------------------------------

    In making these findings, we relied, in part, on facts available, 
and because we find that the Government of China (GOC) did not act to 
the best of its ability to respond to our requests for information, we 
drew an adverse inference where appropriate in selecting from among the 
facts otherwise available.\9\ For further information, see ``Use of 
Facts Otherwise Available and Adverse Inferences'' in the Preliminary 
Decision Memorandum.
---------------------------------------------------------------------------

    \9\ See sections 776(a) and (b) of the Act.
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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 
of review January 1, 2017 through December 31, 2017:

------------------------------------------------------------------------
                                                         Subsidy rate Ad
                        Company                              Valorem
                                                            (percent)
------------------------------------------------------------------------
Beijing Tianhai Industry Co., Ltd. \10\................           30.62
------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \10\ 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.
---------------------------------------------------------------------------

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 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.\11\ 
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 notice in the Federal 
Register, and rebuttal comments (rebuttal briefs) within five days 
after the time limit for filing case briefs.\12\ 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.\13\
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    \11\ See 19 CFR 351.224(b).
    \12\ See 19 CFR 351.309(c)(1)(ii) and (d)(1); and 19 CFR 351.303 
(for general filing requirements).
    \13\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    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.\14\ 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.\15\ Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.
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    \14\ See 19 CFR 351.310(c).
    \15\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    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: August 7, 2019.
Jeffrey I. Kessler,
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. Diversification of China's Economy
V. Subsidies Valuation Information
VI. Benchmarks and Discount Rates
VII. Use of Facts Otherwise Available and Adverse Inferences
VIII. Analysis of Programs
IX. Disclosure and Public Comment
X. Conclusion

[FR Doc. 2019-17432 Filed 8-13-19; 8:45 am]
 BILLING CODE 3510-DS-P