High Pressure Steel Cylinders From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2017, 71373-71374 [2019-27938]

Download as PDF Federal Register / Vol. 84, No. 248 / Friday, December 27, 2019 / Notices Weightedaverage dumping margin (percent) Exporter/Producer Oman Fasteners LLC ................. 0.00 Assessment Rates Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.212(b)(1), Commerce will determine, and U.S. Customs and Border Protections (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. We will calculate importerspecific assessment rates on the basis of the ratio of the total amount of antidumping duties calculated for each importer’s examined sales and the total entered value of the sales in accordance with 19 CFR 351.212(b)(1). For entries of subject merchandise during the POR produced by the sole respondent, for which it did not know its merchandise was destined for the United States, we will instruct CBP to liquidate unreviewed entries at the allothers rate if there is no rate for the intermediate company(ies) involved in the transaction. We intend to issue liquidation instructions to CBP 15 days after publication of this notice. jbell on DSKJLSW7X2PROD with NOTICES Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication, as provided by section 751(a)(2) of the Act: (1) The cash deposit rate for the respondent noted above will be the rate established in the final results of this administrative review; (2) for merchandise exported by manufacturers or exporters not covered in this administrative review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation, but the producer is, then the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the producer of the subject merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 9.10 percent, the allothers rate established in the VerDate Sep<11>2014 18:44 Dec 26, 2019 Jkt 250001 investigation.7 These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during the POR. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective orders (APOs) of their responsibility concerning the return or destruction 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 We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(5). Dated: December 18, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Changes Since the Preliminary Results V. Discussion of the Issues Comment 1: Which Financial Statement is the Appropriate Source for the Calculation of Constructed Value Profit and Indirect Selling Expenses Comment 2: Whether Oman Fasteners is Affiliated with a Customer by Virtue of a Close Supplier Relationship Comment 3: Whether Commerce Should Adjust the Per-Unit Zinc Cost Comment 4: Whether Commerce Should Allow a Scrap Offset Comment 5: Whether to Include Excluded Bad Debt Expenses Either in the General and Administrative (G&A) Expenses or in Indirect Selling Expenses Comment 6: Whether Commerce’s Differential Pricing Methodology is Unlawful 7 See Certain Steel Nails from the Sultanate of Oman: Final Determination of Sales at Less Than Fair Value, 80 FR 28972 (May 20, 2015). PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 71373 VI. Recommendation [FR Doc. 2019–27933 Filed 12–26–19; 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: Final Results of Countervailing Duty Administrative Review; 2017 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that Beijing Tianhai Industry Co., Ltd. (BTIC), a producer/exporter of high pressure steel cylinders from the People’s Republic of China (China), received countervailable subsidies during the period of review (POR), January 1, 2017 through December 31, 2017. DATES: Applicable December 27, 2019. FOR FURTHER INFORMATION CONTACT: Mary Kolberg, 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) 482–1785. SUPPLEMENTARY INFORMATION: AGENCY: Background On August 14, 2019, Commerce published the Preliminary Results of the CVD administrative review in the Federal Register.1 We invited interested parties to comment on the Preliminary Results. On September 20, 2019, we received timely filed case briefs from BTIC and the Government of China (GOC).2 We received a rebuttal brief from Norris Cylinder Company (the petitioner) on September 25, 2019.3 Based on an analysis of the comments received, Commerce has made certain 1 See High Pressure Steel Cylinders from the People’s Republic of China: Preliminary Results of Countervailing Duty Administrative Review; 2017, 84 FR 40393 (August 14, 2019) (Preliminary Results), and accompanying Preliminary Decision Memorandum. 2 See BTIC’s Letter, ‘‘BTIC Administrative Case Brief: Sixth Administrative Review of the Countervailing Duty Order on High Pressure Steel Cylinders from the People’s Republic of China (C– 570–978),’’ dated September 20, 2019; see also GOC’s Letter, ‘‘GOC Administrative Case Brief: Sixth Administrative Review of the Countervailing Duty Order on High Pressure Steel Cylinders from the People’s Republic of China (C–570–978),’’ dated September 20, 2019. 3 See Petitioner’s Letter, ‘‘High Pressure Steel Cylinders from the People’s Republic of China— Rebuttal Brief of Norris Cylinder Company,’’ dated September 25, 2019. E:\FR\FM\27DEN1.SGM 27DEN1 71374 Federal Register / Vol. 84, No. 248 / Friday, December 27, 2019 / Notices changes to the subsidy rate that was preliminarily determined for BTIC. The final subsidy rate is listed in the ‘‘Final Results of Administrative Review’’ section below. rate for BTIC, for the period January 1, 2017 through December 31, 2017: Scope of the Order The merchandise covered by the order is seamless steel cylinders designed for storage or transport of compressed or liquefied gas (high pressure steel cylinders). For a complete description of the scope of the order, see the Issues and Decision Memorandum.4 Beijing Tianhai Industry Co., Ltd. (BTIC) 6 ........................................ Analysis of Comments Received All issues raised by the GOC, BTIC, and the petitioner are addressed in the Issues and Decision Memorandum. The Issues and 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 in the Central Records Unit, Room B8024 of the main Commerce building. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Methodology We conducted this 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 to be countervailable during the POR, we 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.5 For a full description of the methodology underlying our conclusions, see the Issues and Decision Memorandum. Changes Since the Preliminary Results Based on comments submitted in the case and rebuttal briefs, we have made revisions to some of our subsidy rate calculations for BTIC. For a discussion of these issues, see the Issues and Decision Memorandum. jbell on DSKJLSW7X2PROD with NOTICES Final Results of the Review In accordance with 19 CFR 351.221(b)(5), we determine the following net countervailable subsidy 4 See Memorandum, ‘‘Decision Memorandum for the Final 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 (Issues and Decision Memorandum). 5 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. VerDate Sep<11>2014 18:44 Dec 26, 2019 Jkt 250001 Subsidy rate (percent ad valorem) Company 28.54 Disclosure We will disclose to the parties in this proceeding the calculations performed for these final results within five days of the date of publication of this notice in the Federal Register.7 Assessment Rates In accordance with 19 CFR 351.212(b)(2), Commerce intends to issue appropriate assessment instructions to U.S. Customs and Border Protection (CBP) 15 days after publication of these final results of review. We will instruct CBP to liquidate shipments of subject merchandise produced by and/or exported by BTIC entered, or withdrawn from warehouse, for consumption on or after January 1, 2017 through December 31, 2017, at the ad valorem rate listed above. Cash Deposit Requirements In accordance with section 751(a)(1) of the Act, we intend to instruct CBP to collect cash deposits of estimated countervailing duties in the amount shown 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 review. For all non-reviewed firms, Commerce will instruct CBP to continue to collect cash deposits at the most recent company-specific or all-others rate applicable to the company, as appropriate. Accordingly, the cash deposit requirements that will be applied to companies covered by this order, but not examined in this administrative review, are those established in the most recently completed segment of the proceeding for each company. These cash deposit requirements, when imposed, shall remain in effect until further notice. Administrative Protective Orders This notice also serves as a reminder to parties subject to an administrative protective order (APO) of their 6 As discussed in the Issues and Decision Memorandum, Commerce has 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. 7 See 19 CFR 351.224(b). PO 00000 Frm 00027 Fmt 4703 Sfmt 9990 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 terms of an APO is a sanctionable violation. Notification to Interested Parties These final results are issued and published in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(5). Dated: December 17, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix I—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Use of Facts Otherwise Available and Adverse Inferences V. Subsidies Valuation Information VI. Benchmarks and Discount Rates VII. Analysis of Programs VIII. Analysis of Comments Comment 1: How to Use the Available Price Data to Calculate the Benchmark for Seamless Tube Steel Comment 2: Whether to Recalculate the Ocean Freight Benchmark to Include BTIC’s Descartes Ocean Freight Data Comment 3: Whether Commerce Should Use BTIC’s Consolidated Sales in Attributing Subsidies Received by Tianjin Tianhai and Langfang Tianhai Comment 4: Whether Commerce Should Modify its Calculation of the Loan Benchmark Comment 5: Whether Commerce Used the Appropriate Benchmark for the Calculation of Benefits under the Provision of Electricity for LTAR Program Comment 6: Whether Commerce Should Modify its Calculation of the Grant for Production Base Construction for Gas Storage and Transportation Equipment Comment 7: Whether Commerce Improperly Rejected BTIC’s Customer Declarations as Untimely New Factual Information Comment 8: Whether Commerce Should Change Its Determination with Regard to the Export Buyer’s Credit Program IX. Recommendation [FR Doc. 2019–27938 Filed 12–26–19; 8:45 am] BILLING CODE 3510–DS–P E:\FR\FM\27DEN1.SGM 27DEN1

Agencies

[Federal Register Volume 84, Number 248 (Friday, December 27, 2019)]
[Notices]
[Pages 71373-71374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27938]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-978]


High Pressure Steel Cylinders From the People's Republic of 
China: Final Results of Countervailing Duty Administrative Review; 2017

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

SUMMARY: The Department of Commerce (Commerce) determines that Beijing 
Tianhai Industry Co., Ltd. (BTIC), a producer/exporter of high pressure 
steel cylinders from the People's Republic of China (China), received 
countervailable subsidies during the period of review (POR), January 1, 
2017 through December 31, 2017.

DATES: Applicable December 27, 2019.

FOR FURTHER INFORMATION CONTACT: Mary Kolberg, 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) 482-1785.

SUPPLEMENTARY INFORMATION:

Background

    On August 14, 2019, Commerce published the Preliminary Results of 
the CVD administrative review in the Federal Register.\1\ We invited 
interested parties to comment on the Preliminary Results. On September 
20, 2019, we received timely filed case briefs from BTIC and the 
Government of China (GOC).\2\ We received a rebuttal brief from Norris 
Cylinder Company (the petitioner) on September 25, 2019.\3\ Based on an 
analysis of the comments received, Commerce has made certain

[[Page 71374]]

changes to the subsidy rate that was preliminarily determined for BTIC. 
The final subsidy rate is listed in the ``Final Results of 
Administrative Review'' section below.
---------------------------------------------------------------------------

    \1\ See High Pressure Steel Cylinders from the People's Republic 
of China: Preliminary Results of Countervailing Duty Administrative 
Review; 2017, 84 FR 40393 (August 14, 2019) (Preliminary Results), 
and accompanying Preliminary Decision Memorandum.
    \2\ See BTIC's Letter, ``BTIC Administrative Case Brief: Sixth 
Administrative Review of the Countervailing Duty Order on High 
Pressure Steel Cylinders from the People's Republic of China (C-570-
978),'' dated September 20, 2019; see also GOC's Letter, ``GOC 
Administrative Case Brief: Sixth Administrative Review of the 
Countervailing Duty Order on High Pressure Steel Cylinders from the 
People's Republic of China (C-570-978),'' dated September 20, 2019.
    \3\ See Petitioner's Letter, ``High Pressure Steel Cylinders 
from the People's Republic of China--Rebuttal Brief of Norris 
Cylinder Company,'' dated September 25, 2019.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the order is seamless steel cylinders 
designed for storage or transport of compressed or liquefied gas (high 
pressure steel cylinders). For a complete description of the scope of 
the order, see the Issues and Decision Memorandum.\4\
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Decision Memorandum for the Final 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 (Issues and 
Decision Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised by the GOC, BTIC, and the petitioner are 
addressed in the Issues and Decision Memorandum. The Issues and 
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 in the Central 
Records Unit, Room B8024 of the main Commerce building. The signed and 
electronic versions of the Issues and Decision Memorandum are identical 
in content.

Methodology

    We conducted this 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 to be countervailable during the POR, we 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.\5\ For a full description of the methodology underlying our 
conclusions, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \5\ 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.
---------------------------------------------------------------------------

Changes Since the Preliminary Results

    Based on comments submitted in the case and rebuttal briefs, we 
have made revisions to some of our subsidy rate calculations for BTIC. 
For a discussion of these issues, see the Issues and Decision 
Memorandum.

Final Results of the Review

    In accordance with 19 CFR 351.221(b)(5), we determine the following 
net countervailable subsidy rate for BTIC, for the period January 1, 
2017 through December 31, 2017:
---------------------------------------------------------------------------

    \6\ As discussed in the Issues and Decision Memorandum, Commerce 
has 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.

------------------------------------------------------------------------
                                                           Subsidy rate
                        Company                            (percent ad
                                                             valorem)
------------------------------------------------------------------------
Beijing Tianhai Industry Co., Ltd. (BTIC) \6\..........           28.54
------------------------------------------------------------------------

Disclosure

    We will disclose to the parties in this proceeding the calculations 
performed for these final results within five days of the date of 
publication of this notice in the Federal Register.\7\
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------

Assessment Rates

    In accordance with 19 CFR 351.212(b)(2), Commerce intends to issue 
appropriate assessment instructions to U.S. Customs and Border 
Protection (CBP) 15 days after publication of these final results of 
review. We will instruct CBP to liquidate shipments of subject 
merchandise produced by and/or exported by BTIC entered, or withdrawn 
from warehouse, for consumption on or after January 1, 2017 through 
December 31, 2017, at the ad valorem rate listed above.

Cash Deposit Requirements

    In accordance with section 751(a)(1) of the Act, we intend to 
instruct CBP to collect cash deposits of estimated countervailing 
duties in the amount shown 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 review. For 
all non-reviewed firms, Commerce will instruct CBP to continue to 
collect cash deposits at the most recent company-specific or all-others 
rate applicable to the company, as appropriate. Accordingly, the cash 
deposit requirements that will be applied to companies covered by this 
order, but not examined in this administrative review, are those 
established in the most recently completed segment of the proceeding 
for each company. These cash deposit requirements, when imposed, shall 
remain in effect until further notice.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to an 
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 terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    These final results are issued and published in accordance with 
sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(5).

    Dated: December 17, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Use of Facts Otherwise Available and Adverse Inferences
V. Subsidies Valuation Information
VI. Benchmarks and Discount Rates
VII. Analysis of Programs
VIII. Analysis of Comments
    Comment 1: How to Use the Available Price Data to Calculate the 
Benchmark for Seamless Tube Steel
    Comment 2: Whether to Recalculate the Ocean Freight Benchmark to 
Include BTIC's Descartes Ocean Freight Data
    Comment 3: Whether Commerce Should Use BTIC's Consolidated Sales 
in Attributing Subsidies Received by Tianjin Tianhai and Langfang 
Tianhai
    Comment 4: Whether Commerce Should Modify its Calculation of the 
Loan Benchmark
    Comment 5: Whether Commerce Used the Appropriate Benchmark for 
the Calculation of Benefits under the Provision of Electricity for 
LTAR Program
    Comment 6: Whether Commerce Should Modify its Calculation of the 
Grant for Production Base Construction for Gas Storage and 
Transportation Equipment
    Comment 7: Whether Commerce Improperly Rejected BTIC's Customer 
Declarations as Untimely New Factual Information
    Comment 8: Whether Commerce Should Change Its Determination with 
Regard to the Export Buyer's Credit Program
IX. Recommendation

[FR Doc. 2019-27938 Filed 12-26-19; 8:45 am]
 BILLING CODE 3510-DS-P