Certain Non-Refillable Steel Cylinders From the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation, 22402-22407 [2020-08539]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 85, Number 78 (Wednesday, April 22, 2020)]
[Notices]
[Pages 22402-22407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08539]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-126]


Certain Non-Refillable Steel Cylinders From the People's Republic 
of China: Initiation of Less-Than-Fair-Value Investigation

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

DATES: Applicable April 16, 2020.

FOR FURTHER INFORMATION CONTACT: Kate Sliney or Peter Zukowski, 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) 482-2437 or (202) 482-0189, 
respectively.

SUPPLEMENTARY INFORMATION: 

The Petition

    On March 27, 2020, the U.S. Department of Commerce (Commerce) 
received an antidumping duty (AD) 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 a countervailing duty (CVD) petition concerning imports 
of non-refillable cylinders from China.
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    \1\ See Petitioner's Letter, ``Petition for the Imposition of 
Antidumping and Countervailing Duties on Certain Non-Refillable 
Steel Cylinders from the People's Republic of China,'' dated March 
27, 2020 (the Petition).
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    On March 31, 2020, Commerce requested supplemental information 
pertaining to certain aspects of the Petition,\2\ to which the 
petitioner filed its response 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 Letter, ``Petition for the Imposition of 
Antidumping Duties on imports of Certain Non-Refillable Steel 
Cylinders from the People's Republic of China: Supplemental 
Questions Concerning Volume II,'' dated March 31, 2020; see also 
Commerce's Letter, ``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,'' dated 
March 31, 2020 (Supplemental General Issues Questionnaire).
    \3\ See Petitioner's Letter, ``Certain Non-Refillable Steel 
Cylinders from the People's Republic of China: Petitioner's 
Amendment to Volume II Relating to the People's Republic of China 
Antidumping Duties,'' dated April 3, 2020 (AD Supplement); see also 
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,'' 
dated January 22, 2020 (General Issues Supplement).
    \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 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that imports of non-
refillable cylinders from China are being, or are likely to be, sold in 
the United States at less than fair value (LTFV) within the meaning of 
section 731 of the Act, 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 
732(b)(1) of the Act, 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 AD investigation.\5\
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    \5\ See ``Determination of Industry Support for the Petition'' 
section, infra.
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Period of Investigation

    Because China is a non-market economy (NME) country, pursuant to 19 
CFR 351.204(b)(1), and because the Petition was filed on March 27, 
2020, the period of investigation (POI) is July 1, 2019 through 
December 31, 2019.

[[Page 22403]]

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.\6\ 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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    \6\ 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, 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.\7\ Consequently, Commerce is 
initiating this investigation with respect to unfilled non-refillable 
cylinders only, subject to further clarification, as warranted.
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    \7\ 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).
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    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).\8\ 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,\9\ 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.\10\
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    \8\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997) (Preamble).
    \9\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \10\ 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 CVD 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.\11\ An electronically filed document must 
be received successfully in its entirety by the time and date it is 
due.
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    \11\ 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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Comments on Product Characteristics for AD Questionnaires

    Commerce is providing interested parties an opportunity to comment 
on the appropriate physical characteristics of non-refillable cylinders 
to be reported in response to Commerce's AD questionnaire. This 
information will be used to identify the key physical characteristics 
of the subject merchandise in order to report the relevant factors of 
production (FOPs) accurately, as well as to develop appropriate 
product-comparison criteria.
    Interested parties may provide any information or comments that 
they believe are relevant to the development of an accurate list of 
physical characteristics. In order to consider the suggestions of 
interested parties in developing and issuing the AD questionnaire, all 
comments must be filed by 5:00 p.m. 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.\12\ All comments and submissions to Commerce must be 
filed electronically using ACCESS, as explained above, on the record of 
this AD investigation.
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    \12\ See 19 CFR 351.303(b).
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Determination of Industry Support for the Petition

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(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 732(c)(4)(D)

[[Page 22404]]

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,\13\ 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.\14\
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    \13\ See section 771(10) of the Act.
    \14\ 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.\15\ 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.\16\
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    \15\ See Volume I of the Petition at 12-15; see also General 
Issues Supplement at 8.
    \16\ For a discussion of the domestic like product analysis as 
applied to this case and information regarding industry support, see 
Antidumping Duty Investigation Initiation Checklist: Certain Non-
Refillable Steel Cylinders from the People's Republic of China (AD 
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), dated concurrently with this notice and on 
file electronically via ACCESS.
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    In determining whether the petitioner has standing under section 
732(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.\17\ 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.\18\ We relied on data provided by the 
petitioner for purposes of measuring industry support.\19\
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    \17\ See Volume I of the Petition at 2-3 and Exhibit GEN-2.
    \18\ Id.
    \19\ 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.\20\ 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).\21\ Second, the domestic producers (or workers) have 
met the statutory criteria for industry support under section 
732(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.\22\ Finally, the domestic 
producers (or workers) have met the statutory criteria for industry 
support under section 732(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.\23\ Accordingly, Commerce determines that the Petition 
was filed on behalf of the domestic industry within the meaning of 
section 732(b)(1) of the Act.\24\
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    \20\ See AD Initiation Checklist at Attachment II.
    \21\ See section 732(c)(4)(D) of the Act; see also AD Initiation 
Checklist at Attachment II.
    \22\ See AD Initiation Checklist at Attachment II.
    \23\ Id.
    \24\ Id.
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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 sold at LTFV. In addition, the petitioner alleges that 
subject imports exceed the negligibility threshold provided for under 
section 771(24)(A) of the Act.\25\
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    \25\ See Volume I of the Petition, at 16-17.
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    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.\26\ We have assessed the allegations and 
supporting evidence regarding material injury, threat of material 
injury, causation, as well as negligibility, and we have determined 
that these allegations are properly supported by adequate evidence, and 
meet the statutory requirements for initiation.\27\
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    \26\ See Volume I of the Petition, at 17-26 and Exhibits GEN-8 
and GEN-10 through GEN-13; see also GEN-SUPP-3 and GEN-SUPP-5.
    \27\ See AD Initiation Checklist, at Attachment III, Analysis of 
Allegations and Evidence of Material Injury and Causation for the 
Antidumping and Countervailing Duty Petitions Covering Non-
Refillable Steel Cylinders from the People's Republic of China 
(Attachment III).
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Allegations of Sales at Less Than Fair Value

    The following is a description of the allegation of sales at LTFV 
upon which Commerce based its decision to initiate an AD investigation 
of non-refillable cylinders from China. The sources of data for the 
deductions and adjustments relating to U.S. price and normal value (NV) 
are discussed in greater detail in the AD Initiation Checklist.

Export Price

    The petitioner based export price (EP) on sales offers to customers 
in the United States for the sale of non-refillable cylinders produced 
in and exported from China.\28\ In order to

[[Page 22405]]

calculate ex-factory U.S. prices, where appropriate, the petitioner 
made deductions from U.S. prices for foreign inland freight, foreign 
brokerage and handling, international freight and insurance, U.S. entry 
fees, U.S. brokerage and handling, U.S. inland freight, and unrebated 
value added tax expenses.\29\
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    \28\ See Volume II of the Petition at 3 and Exhibit AD-1; see 
also AD Supplement at Exhibit AD-SUPP-8.
    \29\ See Volume II of the Petition at 3-4 and Exhibit AD-1; see 
also AD Supplement at Exhibit AD- SUPP-8.
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Normal Value

    Commerce considers China to be an NME country.\30\ In accordance 
with section 771(18)(C)(i) of the Act, any determination that a foreign 
country is an NME country shall remain in effect until revoked by 
Commerce. Therefore, we continue to treat China as an NME country for 
purposes of the initiation of this investigation. Accordingly, NV in 
China is appropriately based on FOPs valued in a surrogate market 
economy country, in accordance with section 773(c) of the Act.\31\
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    \30\ See Antidumping Duty Investigation of Certain Aluminum Foil 
from the People's Republic of China: Affirmative Preliminary 
Determination of Sales at Less-Than-Fair Value and Postponement of 
Final Determination, 82 FR 50858, 50861 (November 2, 2017), and 
accompanying Preliminary Decision Memorandum at ``China's Status as 
a Non-Market Economy,'' unchanged in Certain Aluminum Foil from the 
People's Republic of China: Final Determination of Sales at Less 
Than Fair Value, 83 FR 9282 (March 5, 2018).
    \31\ See AD Initiation Checklist.
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    The petitioner claims that Mexico is an appropriate surrogate 
country for China, because it is a market economy country that is at a 
level of economic development comparable to that of China and it is a 
significant producer of comparable merchandise.\32\ The petitioner 
valued direct material inputs, packing materials, natural gas, and 
argon by using data from the Global Trade Atlas; data from the National 
Water Commission of Mexico to value water usage; the electricity rate 
for businesses in Mexico, as reported by the World Bank's Doing 
Business 2020: Mexico; and data from the National Institute of 
Statistics, Geography, and Informatics Labor Organization, an agency of 
the Mexican government, to value labor.\33\ Based on the information 
provided by the petitioner, we determine that it is appropriate to use 
Mexico as a surrogate country for purposes of initiation.\34\
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    \32\ See Volume II of the Petition at 4-7 and Exhibit AD-3.
    \33\ Id.; see also AD Supplement at Exhibit AD-SUPP-8.
    \34\ See AD Initiation Checklist.
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    Interested parties will have the opportunity to submit comments 
regarding surrogate country selection and, pursuant to 19 CFR 
351.301(c)(3)(i), will be provided an opportunity to submit publicly 
available information to value FOPs, within 30 days before the 
scheduled date of the preliminary determination.

Factors of Production

    Because information regarding the volume of inputs consumed by 
Chinese producers/exporters were not reasonably available, the 
petitioner relied on its own experience to estimate the factor usage 
rates for Chinese producers.\35\ The petitioner valued the estimated 
FOPs using surrogate values from Mexico.\36\ The petitioner calculated 
factory overhead, selling, general and administrative expenses, and 
profit based on the experience of a Mexican producer of comparable 
merchandise (i.e., a producer of auto parts, construction equipment, 
and home products).\37\
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    \35\ See Volume II of the Petition at 6.
    \36\ Id. at 6-7 and Exhibit AD-3.
    \37\ See Volume II of the Petition at 7 Exhibit AD-3 Attachment 
9; see also AD Supplement at 5-7 and Exhibits AD-SUPP-5 to AD-SUPP-
8.
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Fair Value Comparisons

    Based on the data provided in the Petition, there is reason to 
believe that imports of non-refillable cylinders from China are being, 
or are likely to be, sold in the United States at LTFV. Based on 
comparisons of EP to NV, in accordance with sections 772 and 773 of the 
Act, the estimated dumping margin for non-refillable cylinders from 
China is 53.76 percent.\38\
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    \38\ See AD supplement at Exhibit AD-SUPP-8; see also AD 
Initiation Checklist.
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Initiation of LTFV 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 732 of the Act. Therefore, 
we are initiating an AD investigation to determine whether imports of 
non-refillable cylinders from China are being, or are likely to be, 
sold in the United States at LTFV. In accordance with section 
733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless postponed, we 
will make our preliminary determination no later than 140 days after 
the date of this initiation.

Respondent Selection

    The petitioner named 15 companies in China as producers/exporters 
of non-refillable cylinders.\39\ Commerce will issue quantity and value 
(Q&V) questionnaires to all 15 identified producers and exporters. In 
addition, Commerce will post the Q&V questionnaire along with filing 
instructions on E&C's website at https://www.trade.gov/enforcement/news.asp. In accordance with our standard practice for respondent 
selection in AD investigations involving NME countries, in the event we 
determine that respondent selection is warranted, we intend to base 
respondent selection on the responses to the Q&V questionnaires that we 
receive.
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    \39\ See Volume I of the Petition at Exhibit GEN-7.
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    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 a copy from E&C's website, as 
provided above. 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.

Separate Rates

    In order to obtain separate-rate status in an NME investigation, 
producers/exporters must submit a separate-rate application.\40\ The 
specific requirements for submitting a separate-rate application in a 
China investigation are outlined in detail in the application itself, 
which is available on E&C's website at https://enforcement.trade.gov/nme/nme-sep-rate.html. The separate-rate application will be due 30 
days after publication of this initiation notice.\41\ Producers/
exporters who submit a separate-rate application and have been selected 
as mandatory respondents will be eligible for consideration for 
separate-rate status only if they respond to all parts of Commerce's AD 
questionnaire as mandatory respondents. Commerce requires that 
companies from China submit a response to both the Q&V questionnaire 
and the separate-rate application by the respective deadlines in order 
to receive consideration for

[[Page 22406]]

separate-rate status. Companies not filing a timely Q&V questionnaire 
response will not receive separate rate consideration.
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    \40\ See Policy Bulletin 05.1: Separate-Rates Practice and 
Application of Combination Rates in Antidumping Investigation 
involving Non-Market Economy Countries (April 5, 2005), available at 
https://enforcement.trade.gov/policy/bull05-1.pdf (Policy Bulletin 
05.1).
    \41\ Although in past investigations this deadline was 60 days, 
consistent with 19 CFR 351.301(a), which states that ``the Secretary 
may request any person to submit factual information at any time 
during a proceeding,'' this deadline is now 30 days.
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Use of Combination Rates

    Commerce will calculate combination rates for certain respondents 
that are eligible for a separate rate in an NME investigation. The 
Separate Rates and Combination Rates Bulletin states:

{w{time} hile continuing the practice of assigning separate rates 
only to exporters, all separate rates that Commerce will now assign 
in its NME Investigation will be specific to those producers that 
supplied the exporter during the period of investigation. Note, 
however, that one rate is calculated for the exporter and all of the 
producers which supplied subject merchandise to it during the period 
of investigation. This practice applies both to mandatory 
respondents receiving an individually calculated separate rate as 
well as the pool of non-investigated firms receiving the weighted-
average of the individually calculated rates. This practice is 
referred to as the application of ``combination rates'' because such 
rates apply to specific combinations of exporters and one or more 
producers. The cash-deposit rate assigned to an exporter will apply 
only to merchandise both exported by the firm in question and 
produced by a firm that supplied the exporter during the period of 
investigation.\42\
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    \42\ See Policy Bulletin 05.1 at 6 (emphasis added).
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Distribution of Copies of the Petition

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petition has been 
provided to the Government of China 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 732(d) of the Act.

Preliminary Determinations 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 
materially injuring, or threatening material injury to, a U.S. 
industry.\43\ A negative ITC determination will result in the 
investigation being terminated.\44\ Otherwise, this investigation will 
proceed according to statutory and regulatory time limits.
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    \43\ See section 733(a) of the Act.
    \44\ 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) publicly available 
information to value factors under 19 CFR 351.408(c) or 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 \45\ 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.\46\ 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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    \45\ See 19 CFR 351.301(b).
    \46\ 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.\47\ 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 https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting extension requests 
or factual information in this investigation.
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    \47\ See 19 CFR 351.302.
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Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\48\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\49\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \48\ See section 782(b) of the Act.
    \49\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to 
frequently asked questions regarding the Final Rule are available at 
https://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 https://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 in 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.\50\
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    \50\ 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 732(c)(2) 
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

[[Page 22407]]

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. 2020-08539 Filed 4-21-20; 8:45 am]
 BILLING CODE 3510-DS-P