Certain Non-Refillable Steel Cylinders From the People's Republic of China: Initiation of Countervailing Duty Investigation, 22407-22410 [2020-08538]

Download as PDF Federal Register / Vol. 85, No. 78 / Wednesday, April 22, 2020 / Notices ISO 11118 and otherwise meeting the description provided below (non-refillable steel cylinders). The subject non-refillable steel cylinders are portable and range from 300-cubic inch (4.9 liter) water capacity to 1,526-cubic inch (25 liter) water capacity. Subject non-refillable steel cylinders may be imported with or without a valve and/or pressure release device and unfilled at the time of importation. Specifically excluded are seamless nonrefillable steel cylinders. 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). The merchandise may also enter under HTSUS statistical reporting numbers 7310.29.0025 and 7310.29.0050. Although the HTSUS statistical reporting numbers are provided for convenience and customs purposes, the written description of the merchandise is dispositive. [FR Doc. 2020–08539 Filed 4–21–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–127] Certain Non-Refillable Steel Cylinders From the People’s Republic of China: Initiation of Countervailing Duty Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable April 16, 2020. FOR FURTHER INFORMATION CONTACT: 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) 482–3692. SUPPLEMENTARY INFORMATION: khammond on DSKJM1Z7X2PROD with NOTICES AGENCY: The Petition On March 27, 2020, the U.S. Department of Commerce (Commerce) received a countervailing duty (CVD) petition concerning imports of certain non-refillable steel cylinders (nonrefillable cylinders) from the People’s Republic of China (China) filed in proper form on behalf of Worthington Industries (the petitioner).1 The Petition was accompanied by an antidumping duty (AD) petition concerning imports of non-refillable cylinders from China. On March 31, 2020, Commerce requested supplemental information 1 See Petitioner’s Letter, ‘‘Certain Non-Refillable Steel Cylinders from the People’s Republic of China—Petition for the Imposition of Antidumping and Countervailing Duties,’’ dated March 27, 2020 (the Petition). VerDate Sep<11>2014 20:43 Apr 21, 2020 Jkt 250001 pertaining to certain aspects of the Petition,2 to which the petitioner filed responses on April 3, 2020.3 On April 7, 2020, Commerce held a phone call with the petitioner concerning the scope of the investigations.4 In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (the Act), the petitioner alleges that the Government of China (GOC) is providing countervailable subsidies, within the meaning of sections 701 and 771(5) of the Act, to producers of nonrefillable cylinders in China, and that such imports are materially injuring, or threatening material injury to, the domestic industry producing nonrefillable cylinders in the United States. Consistent with section 702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged programs on which we are initiating a CVD investigation, the Petition is accompanied by information reasonably available to the petitioner supporting its allegations. Commerce finds that the petitioner filed the Petition on behalf of the domestic industry because the petitioner is an interested party as defined in section 771(9)(C) of the Act. Commerce also finds that the petitioner demonstrated sufficient industry support with respect to the initiation of the requested CVD investigation.5 Period of Investigation Because the Petition was filed on March 27, 2020, the period of investigation (POI) is January 1, 2019 through December 31, 2019.6 2 See Commerce’s Letters, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Non-Refillable Steel Cylinders from the People’s Republic of China: Supplemental Questions,’’ and, ‘‘Petition for the Imposition of Countervailing Duties on Imports of Certain NonRefillable Steel Cylinders from the People’s Republic of China: Supplemental Questions Concerning Volume III,’’ both dated March 31, 2020. 3 See Petitioner’s Letter, ‘‘Certain Non-Refillable Steel Cylinders from the People’s Republic of China—Petitioner’s Amendment to Volume I Relating to General and Injury Information,’’ dated April 3, 2020 (General Issues Supplement); see also Petitioner’s Letter, ‘‘Certain Non-Refillable Steel Cylinders from the People’s Republic of China— Petitioner’s Amendment to Volume III Relating to the People’s Republic of China Countervailing Duties,’’ dated April 3, 2020. 4 See Memorandum, ‘‘Certain Non-Refillable Steel Cylinders from the People’s Republic of China— Petitions for the Imposition of Antidumping and Countervailing Duties: Phone Call Regarding Scope of the Petitions,’’ dated April 10, 2020 (Scope Phone Call Memo). 5 See Countervailing Duty Investigation Initiation Checklist: Certain Non-Refillable Steel Cylinders (CVD Initiation Checklist), dated concurrently with this notice and on file electronically via ACCESS. 6 See 19 CFR 351.204(b)(2). PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 22407 Scope of the Investigation The merchandise covered by this investigation is non-refillable cylinders from China. For a full description of the scope of this investigation, see the appendix to this notice. Comments on Scope of the Investigation During our review of the Petition, Commerce issued questions to, and received responses from, the petitioner pertaining to the proposed scope to ensure that the scope language in the Petition would be an accurate reflection of the products for which the domestic industry is seeking relief.7 Specifically, the petitioner’s proposed scope included both unfilled/empty and filled cylinders. Filled cylinders are properly classified under the Harmonized Tariff Schedule of the United States (HTSUS) subheading for the contents of the cylinder, not the HTSUS subheading for the cylinder itself. This could create challenges related to administrability because: (1) There are many substances these cylinders can contain; (2) the cylinders could be filled in a third country before being exported to the United States, thereby complicating the identification of the country of origin for these cylinders; and (3) it could be difficult, without time-consuming physical examination, to determine whether filled cylinders are subject to duties. In addition, there are legal issues surrounding the inclusion of imports of filled cylinders given that such cylinders are non-refillable. For these reasons, Commerce is removing the following substantive provisions which were in the scope the petitioner provided: . . . may be filled or . . . Also excluded from the scope of this investigation are non-refillable steel cylinders filled at the time of importation whose content is subject to another antidumping and/or countervailing duty order. At the time of filing this petition, there are existing antidumping duty orders on Hydrofluorocarbon Blends from the People’s Republic of China and 1,1,1,2Tetrafluoroethane (R–134A) from the People’s Republic of China. See Hydrofluorocarbon Blends from the People’s Republic of China: Antidumping Duty Order, 81 FR 55436 (August 19, 2016); 1,1,1,2 Tetrafluoroethane (R–134a) from the People’s Republic of China: Antidumping Duty Order, 82 FR 18422 (April 19, 2017). In the case of non-refillable steel cylinders entering the United States filled with merchandise covered by the scope of these investigations or future antidumping and/or countervailing duty orders covering the gas or material content of the non-refillable steel cylinders, 7 See Supplemental General Issues Questionnaire and General Issues Supplement; see also Scope Phone Call Memo. E:\FR\FM\22APN1.SGM 22APN1 22408 Federal Register / Vol. 85, No. 78 / Wednesday, April 22, 2020 / Notices such other orders control. In the case of nonrefillable steel cylinders entering the United States filled with merchandise not covered by the scope of any other antidumping and/ or countervailing duty order, the scope of this investigation controls. Commerce has not adopted these provisions for purposes of initiation. We are interested, however, in further comment on this issue from parties to this proceeding.8 Consequently, Commerce is initiating this investigation with respect to unfilled non-refillable cylinders only, subject to further clarification, as warranted. As discussed in the Preamble to Commerce’s regulations, we are setting aside a period for interested parties to raise issues regarding product coverage (i.e., scope).9 Commerce will consider all comments received from interested parties and, if necessary, will consult with interested parties prior to the issuance of the preliminary determination. If scope comments include factual information,10 all such factual information should be limited to public information. To facilitate preparation of its questionnaires, Commerce requests that all interested parties submit scope comments by 5:00 p.m. Eastern Time (ET) on May 6, 2020, which is 20 calendar days from the signature date of this notice. Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on May 18, 2020, which is 10 calendar days from the initial comment deadline.11 Commerce requests that any factual information the parties consider relevant to the scope of the investigation be submitted during this time period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigation may be relevant, the party may contact Commerce and request permission to submit the additional information. All such comments must also be filed on the record of the concurrent AD investigation. Filing Requirements khammond on DSKJM1Z7X2PROD with NOTICES All submissions to Commerce must be filed electronically using Enforcement and Compliance’s (E&C’s) Antidumping Duty and Countervailing Duty Centralized Electronic Service System (ACCESS), unless an exception 8 Commerce is responsible for clarifying, where necessary, the scope of an order. See Diversified Products Corp. v. United States, 572 F. Supp. 883, 887 (CIT 1983). 9 See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 10 See 19 CFR 351.102(b)(21) (defining ‘‘factual information’’). 11 See 19 CFR 351.303(b). VerDate Sep<11>2014 17:59 Apr 21, 2020 Jkt 250001 applies.12 An electronically filed document must be received successfully in its entirety by the time and date it is due. Consultations Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce notified the GOC of the receipt of the Petition and provided it the opportunity for consultations with respect to the CVD Petition.13 The GOC did not request consultations. Determination of Industry Support for the Petition Section 702(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 702(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) At least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, Commerce shall: (i) Poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the ‘‘industry.’’ Section 771(4)(A) of the Act defines the ‘‘industry’’ as the producers as a whole of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs Commerce to look to producers and workers who produce the domestic like product. The International Trade Commission (ITC), which is responsible for determining whether ‘‘the domestic industry’’ has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both Commerce and the ITC must apply the same statutory definition regarding the domestic like product,14 they do so for different purposes and pursuant to a separate and distinct authority. In addition, Commerce’s determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law.15 Section 771(10) of the Act defines the domestic like product as ‘‘a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title.’’ Thus, the reference point from which the domestic like product analysis begins is ‘‘the article subject to an investigation’’ (i.e., the class or kind of merchandise to be investigated, which normally will be the scope as defined in the petition). With regard to the domestic like product, the petitioner does not offer a definition of the domestic like product distinct from the scope of the investigation.16 Based on our analysis of the information submitted on the record, we have determined that nonrefillable cylinders, as defined in the scope, constitute a single domestic like product, and we have analyzed industry support in terms of that domestic like product.17 In determining whether the petitioner has standing under section 702(c)(4)(A) of the Act, we considered the industry support data contained in the Petition with reference to the domestic like product as defined in the ‘‘Scope of the Investigation,’’ in the appendix to this notice. To establish industry support, the petitioner provided its own production of the domestic like product in 2019.18 The petitioner states that there are no other known producers of non-refillable cylinders in the United States; therefore, the Petition is supported by 100 percent of the U.S. industry.19 We relied on data provided 14 See section 771(10) of the Act. USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff’d 865 F. 2d 240 (Fed. Cir. 1989)). 16 See Volume I of the Petition at 12–15; see also General Issues Supplement at 8. 17 For a discussion of the domestic like product analysis as applied to this case and information regarding industry support, see CVD Initiation Checklist at Attachment II, Analysis of Industry Support for the Antidumping and Countervailing Duty Petitions Covering Certain Non-Refillable Steel Cylinders from the People’s Republic of China (Attachment II). 18 See Volume I of the Petition at 2–3 and Exhibit GEN–2. 19 Id. 15 See 12 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and Compliance; Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014), for details of Commerce’s electronic filing requirements, effective August 5, 2011. Information on using ACCESS can be found at https://access.trade.gov/ help.aspx and a handbook can be found at https:// access.trade.gov/help/Handbook_on_Electronic_ Filing_Procedures.pdf. 13 See Commerce’s Letter, ‘‘Certain Non-Refillable Steel Cylinders the People’s Republic of China: Invitation for Consultation to Discuss the Countervailing Duty Petition,’’ dated April 2, 2020. PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\22APN1.SGM 22APN1 Federal Register / Vol. 85, No. 78 / Wednesday, April 22, 2020 / Notices by the petitioner for purposes of measuring industry support.20 Our review of the data provided in the Petition, the General Issues Supplement, and other information readily available to Commerce indicates that the petitioner has established industry support for the Petition.21 First, the Petition established support from domestic producers (or workers) accounting for more than 50 percent of the total production of the domestic like product and, as such, Commerce is not required to take further action in order to evaluate industry support (e.g., polling).22 Second, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(i) of the Act because the domestic producers (or workers) who support the Petition account for at least 25 percent of the total production of the domestic like product.23 Finally, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(ii) of the Act because the domestic producers (or workers) who support the Petition account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Petition.24 Accordingly, Commerce determines that the Petition was filed on behalf of the domestic industry within the meaning of section 702(b)(1) of the Act.25 Injury Test Because China is a ‘‘Subsidies Agreement Country’’ within the meaning of section 701(b) of the Act, section 701(a)(2) of the Act applies to this investigation. Accordingly, the ITC must determine whether imports of the subject merchandise from China materially injure, or threaten material injury to, a U.S. industry. khammond on DSKJM1Z7X2PROD with NOTICES Allegations and Evidence of Material Injury and Causation The petitioner alleges that the U.S. industry producing the domestic like product is being materially injured, or is threatened with material injury, by reason of the imports of the subject merchandise that are benefitting from countervailable subsidies. In addition, the petitioner alleges that subject imports exceed the negligibility Initiation of CVD Investigation Based upon our examination of the Petition on non-refillable cylinders from China and supplemental responses, we find that the Petition meets the requirements of section 702 of the Act. Therefore, we are initiating a CVD investigation to determine whether imports of non-refillable cylinders from China benefit from countervailable subsidies conferred by the GOC. Based on our review of the Petition, we find that there is sufficient information to initiate a CVD investigation on all the alleged programs. For a full discussion of the basis for our decision to initiate on each program, see CVD Initiation Checklist. A public version of the initiation checklist for this investigation is available on ACCESS. In accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determination no later than 65 days after the date of this initiation. Respondent Selection The petitioner named 15 companies in China as producers/exporters of nonrefillable cylinders.29 Commerce intends to follow its standard practice in CVD investigations and calculate company-specific subsidy rates in this investigation. In the event Commerce determines that the number of companies is large and it cannot individually examine each company based upon Commerce’s resources, where appropriate, Commerce intends 26 See 20 Id. 21 See CVD Initiation Checklist at Attachment II. 22 See section 702(c)(4)(D) of the Act; see also CVD Initiation Checklist at Attachment II. 23 See CVD Initiation Checklist at Attachment II. 24 Id. 25 Id. VerDate Sep<11>2014 threshold provided for under section 771(24)(A) of the Act.26 The petitioner contends that the industry’s injured condition is illustrated by a significant and increasing volume of subject imports; reduced market share; underselling and price depression or suppression; lost sales and revenues; decreased U.S. production and capacity utilization rates; and a decline in the domestic industry’s financial performance and profitability.27 We have assessed the allegations and supporting evidence regarding material injury, threat of material injury, causation, as well as cumulation, and we have determined that these allegations are properly supported by adequate evidence, and meet the statutory requirements for initiation.28 17:59 Apr 21, 2020 Jkt 250001 Volume I of the Petition at 16–17. Volume I of the Petition at 17–26 and Exhibits GEN–8, and GEN–10 through GEN–13; see also General Issues Supplement at Exhibits GEN– SUPP–3 and GEN–SUPP–5. 28 See CVD Initiation Checklist at Attachment III. 29 See Volume I of the Petition at Exhibit GEN– 7. 27 See PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 22409 to select mandatory respondents based on quantity and value (Q&V) questionnaires issued to the potential respondents. Commerce normally selects mandatory respondents in CVD investigations using U.S. Customs and Border Protection (CBP) entry data for U.S. imports under the appropriate Harmonized Tariff Schedule of the United States (HTSUS) numbers listed in the scope of the investigation. However, for this investigation, the HTSUS numbers under which the subject merchandise would enter (i.e., 7311.00.0060 and 7311.00.0090, 7310.29.0025 and 7310.29.0050) are basket categories under which nonsubject merchandise may enter. Therefore, we cannot rely on CBP entry data in selecting respondents. We intend instead to issue Q&V questionnaires to each potential respondent for which the petitioner has provided a complete address. Producers/exporters of non-refillable cylinders from China that do not receive Q&V questionnaires by mail may still submit a response to the Q&V questionnaire and can obtain the Q&V questionnaire from E&C’s website at http://trade.gov/enforcement/news.asp. Responses to the Q&V questionnaire must be submitted by the relevant Chinese producers/exporters no later than 5:00 p.m. ET on May 4, 2020. All Q&V responses must be filed electronically via ACCESS. An electronically filed document must be received successfully, in its entirety, by ACCESS no later than 5:00 p.m. ET on the deadline noted above. Commerce intends to finalize its decisions regarding respondent selection within 20 days of publication of this notice. Distribution of Copies of the Petition In accordance with section 702(b)(4)(A) of the Act and 19 CFR 351.202(f), a copy of the public version of the Petition has been provided to the GOC via ACCESS. Furthermore, to the extent practicable, Commerce will attempt to provide a copy of the public version of the Petition to each exporter named in the Petition, as provided under 19 CFR 351.203(c)(2). ITC Notification Commerce will notify the ITC of its initiation, as required by section 702(d) of the Act. Preliminary Determination by the ITC The ITC will preliminarily determine, within 45 days after the date on which the Petition was filed, whether there is a reasonable indication that imports of non-refillable cylinders from China are E:\FR\FM\22APN1.SGM 22APN1 22410 Federal Register / Vol. 85, No. 78 / Wednesday, April 22, 2020 / Notices materially injuring, or threatening material injury to, a U.S. industry.30 A negative ITC determination will result in the investigation being terminated.31 Otherwise, this investigation will proceed according to statutory and regulatory time limits. khammond on DSKJM1Z7X2PROD with NOTICES Submission of Factual Information Factual information is defined in 19 CFR 351.102(b)(21) as: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) information to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by Commerce; and (v) evidence other than factual information described in (i)–(iv). Any party, when submitting factual information, must specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted 32 and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct.33 Time limits for the submission of factual information are addressed in 19 CFR 351.301, which provides specific time limits based on the type of factual information being submitted. Please review the regulations prior to submitting factual information in this investigation. Extensions of Time Limits Parties may request an extension of time limits before the expiration of a time limit established under 19 CFR 351.301, or as otherwise specified by Commerce. In general, an extension request will be considered untimely if it is filed after the expiration of the time limit established under 19 CFR 351.301.34 For submissions that are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. ET on the due date. Under certain circumstances, Commerce may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, Commerce will inform parties in a letter or memorandum of the deadline (including a specified time) by which extension requests must be filed to be considered timely. An extension request must be made in a separate, 30 See section 703(a)(1) of the Act. 31 Id. 32 See 19 CFR 351.301(b). 19 CFR 351.301(b)(2). 34 See 19 CFR 351.302. 33 See VerDate Sep<11>2014 17:59 Apr 21, 2020 Jkt 250001 standalone submission; under limited circumstances Commerce will grant untimely filed requests for the extension of time limits. Parties should review Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at http://www.gpo.gov/fdsys/ pkg/FR-2013-09-20/html/201322853.htm, prior to submitting extension requests or factual information in this investigation. Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.35 Parties must use the certification formats provided in 19 CFR 351.303(g).36 Commerce intends to reject factual submissions if the submitting party does not comply with the applicable certification requirements. Notification to Interested Parties Interested parties must submit applications for disclosure under administrative protective order (APO) in accordance with 19 CFR 351.305. Instructions for filing such applications may be found on E&C’s website at http://enforcement.trade.gov/apo. On January 22, 2008, Commerce published Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to participate in this investigation should ensure that they meet the requirements of these procedures (e.g., the filing of letters of appearance as discussed at 19 CFR 351.103(d)). Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until May 19, 2020, unless extended.37 This notice is issued and published pursuant to sections 702 and 777(i) of the Act, and 19 CFR 351.203(c). 35 See section 782(b) of the Act. Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also frequently asked questions regarding the Final Rule, available at http://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. 37 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 17006 (March 26, 2020). 36 See PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 Dated: April 16, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix Scope of the Investigation The merchandise covered by this investigation is certain seamed (welded or brazed), non-refillable steel cylinders meeting the requirements of, or produced to meet the requirements of, U.S. Department of Transportation (USDOT) Specification 39, TransportCanada Specification 39M, or United Nations pressure receptacle standard ISO 11118 and otherwise meeting the description provided below (non-refillable steel cylinders). The subject non-refillable steel cylinders are portable and range from 300-cubic inch (4.9 liter) water capacity to 1,526-cubic inch (25 liter) water capacity. Subject non-refillable steel cylinders may be imported with or without a valve and/or pressure release device and unfilled at the time of importation. Specifically excluded are seamless nonrefillable steel cylinders. 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). The merchandise may also enter under HTSUS statistical reporting numbers 7310.29.0025 and 7310.29.0050. Although the HTSUS statistical reporting numbers are provided for convenience and customs purposes, the written description of the merchandise is dispositive. [FR Doc. 2020–08538 Filed 4–21–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System Early Engagement Opportunity: Implementation of the Coronavirus Aid, Relief, and Economic Security (CARES) Act Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Notice. AGENCY: DoD announces an early engagement opportunity regarding implementation of the Coronavirus Aid, Relief, and Economic Security Act within the acquisition regulations. DATES: Early inputs should be submitted in writing via the Defense Acquisition Regulations System (DARS) website shown in the ADDRESSES section. The website will be updated when early inputs will no longer be accepted. ADDRESSES: Submit early inputs via the DARS website at https:// SUMMARY: E:\FR\FM\22APN1.SGM 22APN1

Agencies

[Federal Register Volume 85, Number 78 (Wednesday, April 22, 2020)]
[Notices]
[Pages 22407-22410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08538]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-127]


Certain Non-Refillable Steel Cylinders From the People's Republic 
of China: Initiation of Countervailing Duty Investigation

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

DATES: Applicable April 16, 2020.

FOR FURTHER INFORMATION CONTACT: 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) 482-3692.

SUPPLEMENTARY INFORMATION: 

The Petition

    On March 27, 2020, the U.S. Department of Commerce (Commerce) 
received a countervailing duty (CVD) petition concerning imports of 
certain non-refillable steel cylinders (non-refillable cylinders) from 
the People's Republic of China (China) filed in proper form on behalf 
of Worthington Industries (the petitioner).\1\ The Petition was 
accompanied by an antidumping duty (AD) petition concerning imports of 
non-refillable cylinders from China.
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    \1\ See Petitioner's Letter, ``Certain Non-Refillable Steel 
Cylinders from the People's Republic of China--Petition for the 
Imposition of Antidumping and Countervailing Duties,'' dated March 
27, 2020 (the Petition).
---------------------------------------------------------------------------

    On March 31, 2020, Commerce requested supplemental information 
pertaining to certain aspects of the Petition,\2\ to which the 
petitioner filed responses on April 3, 2020.\3\ On April 7, 2020, 
Commerce held a phone call with the petitioner concerning the scope of 
the investigations.\4\
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    \2\ See Commerce's Letters, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties on Imports of Non-Refillable 
Steel Cylinders from the People's Republic of China: Supplemental 
Questions,'' and, ``Petition for the Imposition of Countervailing 
Duties on Imports of Certain Non-Refillable Steel Cylinders from the 
People's Republic of China: Supplemental Questions Concerning Volume 
III,'' both dated March 31, 2020.
    \3\ See Petitioner's Letter, ``Certain Non-Refillable Steel 
Cylinders from the People's Republic of China--Petitioner's 
Amendment to Volume I Relating to General and Injury Information,'' 
dated April 3, 2020 (General Issues Supplement); see also 
Petitioner's Letter, ``Certain Non-Refillable Steel Cylinders from 
the People's Republic of China--Petitioner's Amendment to Volume III 
Relating to the People's Republic of China Countervailing Duties,'' 
dated April 3, 2020.
    \4\ See Memorandum, ``Certain Non-Refillable Steel Cylinders 
from the People's Republic of China--Petitions for the Imposition of 
Antidumping and Countervailing Duties: Phone Call Regarding Scope of 
the Petitions,'' dated April 10, 2020 (Scope Phone Call Memo).
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    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that the Government of China 
(GOC) is providing countervailable subsidies, within the meaning of 
sections 701 and 771(5) of the Act, to producers of non-refillable 
cylinders in China, and that such imports are materially injuring, or 
threatening material injury to, the domestic industry producing non-
refillable cylinders in the United States. Consistent with section 
702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged programs 
on which we are initiating a CVD investigation, the Petition is 
accompanied by information reasonably available to the petitioner 
supporting its allegations.
    Commerce finds that the petitioner filed the Petition on behalf of 
the domestic industry because the petitioner is an interested party as 
defined in section 771(9)(C) of the Act. Commerce also finds that the 
petitioner demonstrated sufficient industry support with respect to the 
initiation of the requested CVD investigation.\5\
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    \5\ See Countervailing Duty Investigation Initiation Checklist: 
Certain Non-Refillable Steel Cylinders (CVD Initiation Checklist), 
dated concurrently with this notice and on file electronically via 
ACCESS.
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Period of Investigation

    Because the Petition was filed on March 27, 2020, the period of 
investigation (POI) is January 1, 2019 through December 31, 2019.\6\
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.204(b)(2).
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Scope of the Investigation

    The merchandise covered by this investigation is non-refillable 
cylinders from China. For a full description of the scope of this 
investigation, see the appendix to this notice.

Comments on Scope of the Investigation

    During our review of the Petition, Commerce issued questions to, 
and received responses from, the petitioner pertaining to the proposed 
scope to ensure that the scope language in the Petition would be an 
accurate reflection of the products for which the domestic industry is 
seeking relief.\7\ Specifically, the petitioner's proposed scope 
included both unfilled/empty and filled cylinders. Filled cylinders are 
properly classified under the Harmonized Tariff Schedule of the United 
States (HTSUS) subheading for the contents of the cylinder, not the 
HTSUS subheading for the cylinder itself. This could create challenges 
related to administrability because: (1) There are many substances 
these cylinders can contain; (2) the cylinders could be filled in a 
third country before being exported to the United States, thereby 
complicating the identification of the country of origin for these 
cylinders; and (3) it could be difficult, without time-consuming 
physical examination, to determine whether filled cylinders are subject 
to duties. In addition, there are legal issues surrounding the 
inclusion of imports of filled cylinders given that such cylinders are 
non-refillable. For these reasons, Commerce is removing the following 
substantive provisions which were in the scope the petitioner provided:
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    \7\ See Supplemental General Issues Questionnaire and General 
Issues Supplement; see also Scope Phone Call Memo.

    . . . may be filled or . . .
    Also excluded from the scope of this investigation are non-
refillable steel cylinders filled at the time of importation whose 
content is subject to another antidumping and/or countervailing duty 
order. At the time of filing this petition, there are existing 
antidumping duty orders on Hydrofluorocarbon Blends from the 
People's Republic of China and 1,1,1,2-Tetrafluoroethane (R-134A) 
from the People's Republic of China. See Hydrofluorocarbon Blends 
from the People's Republic of China: Antidumping Duty Order, 81 FR 
55436 (August 19, 2016); 1,1,1,2 Tetrafluoroethane (R-134a) from the 
People's Republic of China: Antidumping Duty Order, 82 FR 18422 
(April 19, 2017). In the case of non-refillable steel cylinders 
entering the United States filled with merchandise covered by the 
scope of these investigations or future antidumping and/or 
countervailing duty orders covering the gas or material content of 
the non-refillable steel cylinders,

[[Page 22408]]

such other orders control. In the case of non-refillable steel 
cylinders entering the United States filled with merchandise not 
covered by the scope of any other antidumping and/or countervailing 
duty order, the scope of this investigation controls.

    Commerce has not adopted these provisions for purposes of 
initiation. We are interested, however, in further comment on this 
issue from parties to this proceeding.\8\ Consequently, Commerce is 
initiating this investigation with respect to unfilled non-refillable 
cylinders only, subject to further clarification, as warranted.
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    \8\ Commerce is responsible for clarifying, where necessary, the 
scope of an order. See Diversified Products Corp. v. United States, 
572 F. Supp. 883, 887 (CIT 1983).
---------------------------------------------------------------------------

    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (i.e., scope).\9\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determination. If scope comments include factual information,\10\ all 
such factual information should be limited to public information. To 
facilitate preparation of its questionnaires, Commerce requests that 
all interested parties submit scope comments by 5:00 p.m. Eastern Time 
(ET) on May 6, 2020, which is 20 calendar days from the signature date 
of this notice. Any rebuttal comments, which may include factual 
information, must be filed by 5:00 p.m. ET on May 18, 2020, which is 10 
calendar days from the initial comment deadline.\11\
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    \9\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997) (Preamble).
    \10\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \11\ See 19 CFR 351.303(b).
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    Commerce requests that any factual information the parties consider 
relevant to the scope of the investigation be submitted during this 
time period. However, if a party subsequently finds that additional 
factual information pertaining to the scope of the investigation may be 
relevant, the party may contact Commerce and request permission to 
submit the additional information. All such comments must also be filed 
on the record of the concurrent AD investigation.

Filing Requirements

    All submissions to Commerce must be filed electronically using 
Enforcement and Compliance's (E&C's) Antidumping Duty and 
Countervailing Duty Centralized Electronic Service System (ACCESS), 
unless an exception applies.\12\ An electronically filed document must 
be received successfully in its entirety by the time and date it is 
due.
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    \12\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014), for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on using ACCESS 
can be found at https://access.trade.gov/help.aspx and a handbook 
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
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Consultations

    Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce 
notified the GOC of the receipt of the Petition and provided it the 
opportunity for consultations with respect to the CVD Petition.\13\ The 
GOC did not request consultations.
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    \13\ See Commerce's Letter, ``Certain Non-Refillable Steel 
Cylinders the People's Republic of China: Invitation for 
Consultation to Discuss the Countervailing Duty Petition,'' dated 
April 2, 2020.
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Determination of Industry Support for the Petition

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
Poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC must apply the same statutory definition regarding the domestic 
like product,\14\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\15\
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    \14\ See section 771(10) of the Act.
    \15\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F. 2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the investigation.\16\ Based on our analysis of the information 
submitted on the record, we have determined that non-refillable 
cylinders, as defined in the scope, constitute a single domestic like 
product, and we have analyzed industry support in terms of that 
domestic like product.\17\
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    \16\ See Volume I of the Petition at 12-15; see also General 
Issues Supplement at 8.
    \17\ For a discussion of the domestic like product analysis as 
applied to this case and information regarding industry support, see 
CVD Initiation Checklist at Attachment II, Analysis of Industry 
Support for the Antidumping and Countervailing Duty Petitions 
Covering Certain Non-Refillable Steel Cylinders from the People's 
Republic of China (Attachment II).
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    In determining whether the petitioner has standing under section 
702(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition with reference to the domestic like product 
as defined in the ``Scope of the Investigation,'' in the appendix to 
this notice. To establish industry support, the petitioner provided its 
own production of the domestic like product in 2019.\18\ The petitioner 
states that there are no other known producers of non-refillable 
cylinders in the United States; therefore, the Petition is supported by 
100 percent of the U.S. industry.\19\ We relied on data provided

[[Page 22409]]

by the petitioner for purposes of measuring industry support.\20\
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    \18\ See Volume I of the Petition at 2-3 and Exhibit GEN-2.
    \19\ Id.
    \20\ Id.
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    Our review of the data provided in the Petition, the General Issues 
Supplement, and other information readily available to Commerce 
indicates that the petitioner has established industry support for the 
Petition.\21\ First, the Petition established support from domestic 
producers (or workers) accounting for more than 50 percent of the total 
production of the domestic like product and, as such, Commerce is not 
required to take further action in order to evaluate industry support 
(e.g., polling).\22\ Second, the domestic producers (or workers) have 
met the statutory criteria for industry support under section 
702(c)(4)(A)(i) of the Act because the domestic producers (or workers) 
who support the Petition account for at least 25 percent of the total 
production of the domestic like product.\23\ Finally, the domestic 
producers (or workers) have met the statutory criteria for industry 
support under section 702(c)(4)(A)(ii) of the Act because the domestic 
producers (or workers) who support the Petition account for more than 
50 percent of the production of the domestic like product produced by 
that portion of the industry expressing support for, or opposition to, 
the Petition.\24\ Accordingly, Commerce determines that the Petition 
was filed on behalf of the domestic industry within the meaning of 
section 702(b)(1) of the Act.\25\
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    \21\ See CVD Initiation Checklist at Attachment II.
    \22\ See section 702(c)(4)(D) of the Act; see also CVD 
Initiation Checklist at Attachment II.
    \23\ See CVD Initiation Checklist at Attachment II.
    \24\ Id.
    \25\ Id.
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Injury Test

    Because China is a ``Subsidies Agreement Country'' within the 
meaning of section 701(b) of the Act, section 701(a)(2) of the Act 
applies to this investigation. Accordingly, the ITC must determine 
whether imports of the subject merchandise from China materially 
injure, or threaten material injury to, a U.S. industry.

Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise that are benefitting from countervailable subsidies. In 
addition, the petitioner alleges that subject imports exceed the 
negligibility threshold provided for under section 771(24)(A) of the 
Act.\26\
---------------------------------------------------------------------------

    \26\ See Volume I of the Petition at 16-17.
---------------------------------------------------------------------------

    The petitioner contends that the industry's injured condition is 
illustrated by a significant and increasing volume of subject imports; 
reduced market share; underselling and price depression or suppression; 
lost sales and revenues; decreased U.S. production and capacity 
utilization rates; and a decline in the domestic industry's financial 
performance and profitability.\27\ We have assessed the allegations and 
supporting evidence regarding material injury, threat of material 
injury, causation, as well as cumulation, and we have determined that 
these allegations are properly supported by adequate evidence, and meet 
the statutory requirements for initiation.\28\
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    \27\ See Volume I of the Petition at 17-26 and Exhibits GEN-8, 
and GEN-10 through GEN-13; see also General Issues Supplement at 
Exhibits GEN-SUPP-3 and GEN-SUPP-5.
    \28\ See CVD Initiation Checklist at Attachment III.
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Initiation of CVD Investigation

    Based upon our examination of the Petition on non-refillable 
cylinders from China and supplemental responses, we find that the 
Petition meets the requirements of section 702 of the Act. Therefore, 
we are initiating a CVD investigation to determine whether imports of 
non-refillable cylinders from China benefit from countervailable 
subsidies conferred by the GOC. Based on our review of the Petition, we 
find that there is sufficient information to initiate a CVD 
investigation on all the alleged programs. For a full discussion of the 
basis for our decision to initiate on each program, see CVD Initiation 
Checklist. A public version of the initiation checklist for this 
investigation is available on ACCESS. In accordance with section 
703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we 
will make our preliminary determination no later than 65 days after the 
date of this initiation.

Respondent Selection

    The petitioner named 15 companies in China as producers/exporters 
of non-refillable cylinders.\29\ Commerce intends to follow its 
standard practice in CVD investigations and calculate company-specific 
subsidy rates in this investigation. In the event Commerce determines 
that the number of companies is large and it cannot individually 
examine each company based upon Commerce's resources, where 
appropriate, Commerce intends to select mandatory respondents based on 
quantity and value (Q&V) questionnaires issued to the potential 
respondents. Commerce normally selects mandatory respondents in CVD 
investigations using U.S. Customs and Border Protection (CBP) entry 
data for U.S. imports under the appropriate Harmonized Tariff Schedule 
of the United States (HTSUS) numbers listed in the scope of the 
investigation. However, for this investigation, the HTSUS numbers under 
which the subject merchandise would enter (i.e., 7311.00.0060 and 
7311.00.0090, 7310.29.0025 and 7310.29.0050) are basket categories 
under which non-subject merchandise may enter. Therefore, we cannot 
rely on CBP entry data in selecting respondents. We intend instead to 
issue Q&V questionnaires to each potential respondent for which the 
petitioner has provided a complete address.
---------------------------------------------------------------------------

    \29\ See Volume I of the Petition at Exhibit GEN-7.
---------------------------------------------------------------------------

    Producers/exporters of non-refillable cylinders from China that do 
not receive Q&V questionnaires by mail may still submit a response to 
the Q&V questionnaire and can obtain the Q&V questionnaire from E&C's 
website at http://trade.gov/enforcement/news.asp. Responses to the Q&V 
questionnaire must be submitted by the relevant Chinese producers/
exporters no later than 5:00 p.m. ET on May 4, 2020. All Q&V responses 
must be filed electronically via ACCESS. An electronically filed 
document must be received successfully, in its entirety, by ACCESS no 
later than 5:00 p.m. ET on the deadline noted above. Commerce intends 
to finalize its decisions regarding respondent selection within 20 days 
of publication of this notice.

Distribution of Copies of the Petition

    In accordance with section 702(b)(4)(A) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petition has been 
provided to the GOC via ACCESS.
    Furthermore, to the extent practicable, Commerce will attempt to 
provide a copy of the public version of the Petition to each exporter 
named in the Petition, as provided under 19 CFR 351.203(c)(2).

ITC Notification

    Commerce will notify the ITC of its initiation, as required by 
section 702(d) of the Act.

Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition was filed, whether there is a reasonable 
indication that imports of non-refillable cylinders from China are

[[Page 22410]]

materially injuring, or threatening material injury to, a U.S. 
industry.\30\ A negative ITC determination will result in the 
investigation being terminated.\31\ Otherwise, this investigation will 
proceed according to statutory and regulatory time limits.
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    \30\ See section 703(a)(1) of the Act.
    \31\ Id.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) information to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). Any party, when submitting factual 
information, must specify under which subsection of 19 CFR 
351.102(b)(21) the information is being submitted \32\ and, if the 
information is submitted to rebut, clarify, or correct factual 
information already on the record, to provide an explanation 
identifying the information already on the record that the factual 
information seeks to rebut, clarify, or correct.\33\ Time limits for 
the submission of factual information are addressed in 19 CFR 351.301, 
which provides specific time limits based on the type of factual 
information being submitted. Please review the regulations prior to 
submitting factual information in this investigation.
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    \32\ See 19 CFR 351.301(b).
    \33\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by Commerce. In general, an extension request will 
be considered untimely if it is filed after the expiration of the time 
limit established under 19 CFR 351.301.\34\ For submissions that are 
due from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 a.m. ET on the due date. 
Under certain circumstances, Commerce may elect to specify a different 
time limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, Commerce will inform parties in a letter or memorandum of the 
deadline (including a specified time) by which extension requests must 
be filed to be considered timely. An extension request must be made in 
a separate, standalone submission; under limited circumstances Commerce 
will grant untimely filed requests for the extension of time limits. 
Parties should review Extension of Time Limits; Final Rule, 78 FR 57790 
(September 20, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting extension requests 
or factual information in this investigation.
---------------------------------------------------------------------------

    \34\ See 19 CFR 351.302.
---------------------------------------------------------------------------

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\35\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\36\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \35\ See section 782(b) of the Act.
    \36\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also 
frequently asked questions regarding the Final Rule, available at 
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
administrative protective order (APO) in accordance with 19 CFR 
351.305. Instructions for filing such applications may be found on 
E&C's website at http://enforcement.trade.gov/apo.
    On January 22, 2008, Commerce published Antidumping and 
Countervailing Duty Proceedings: Documents Submission Procedures; APO 
Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to 
participate in this investigation should ensure that they meet the 
requirements of these procedures (e.g., the filing of letters of 
appearance as discussed at 19 CFR 351.103(d)). Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information, until May 19, 2020, unless 
extended.\37\
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    \37\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19, 85 FR 17006 (March 26, 2020).
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    This notice is issued and published pursuant to sections 702 and 
777(i) of the Act, and 19 CFR 351.203(c).

    Dated: April 16, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Investigation

    The merchandise covered by this investigation is certain seamed 
(welded or brazed), non-refillable steel cylinders meeting the 
requirements of, or produced to meet the requirements of, U.S. 
Department of Transportation (USDOT) Specification 39, 
TransportCanada Specification 39M, or United Nations pressure 
receptacle standard ISO 11118 and otherwise meeting the description 
provided below (non-refillable steel cylinders). The subject non-
refillable steel cylinders are portable and range from 300-cubic 
inch (4.9 liter) water capacity to 1,526-cubic inch (25 liter) water 
capacity. Subject non-refillable steel cylinders may be imported 
with or without a valve and/or pressure release device and unfilled 
at the time of importation.
    Specifically excluded are seamless non-refillable steel 
cylinders.
    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). The merchandise may also enter under HTSUS statistical 
reporting numbers 7310.29.0025 and 7310.29.0050. Although the HTSUS 
statistical reporting numbers are provided for convenience and 
customs purposes, the written description of the merchandise is 
dispositive.

[FR Doc. 2020-08538 Filed 4-21-20; 8:45 am]
 BILLING CODE 3510-DS-P