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

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES 22402 Federal Register / Vol. 85, No. 78 / Wednesday, April 22, 2020 / Notices 124. Shanghai Yiren Machinery Co., Ltd. 125. Shanghai Yueda Fasteners Co., Ltd. 126. Shanghai Yueda Nails Co. Ltd. 127. Shanghai Zoonlion Industrial Co., Ltd. 128. Shanxi Easyfix Trade Co. Ltd. 129. Shanxi Xinjintai Hardware Co., Ltd. 130. Shaoxing Chengye Metal Producing Co. Ltd. 131. Shenzhen Xinjintai Hardware Co. Ltd. 132. Sueyi International Ltd. 133. Sumec Machinery and Electric Co., Ltd. 134. Suzhou Xingya Nail Co. Ltd. 135. Taizhou Dajiang Ind. Co. Ltd. 136. Test-Rite International Co., Ltd. 137. Theps International. 138. Tianji Hweschun Fasteners Manufacturing Co. Ltd. 139. Tianjin Baisheng Metal Products Co. Ltd. 140. Tianjin Bluekin Indusries Ltd. 141. Tianjin Coways Metal Products Co. Ltd. 142. Tianjin Dagang Jingang Nail Factory. 143. Tianjin Evangel Imp. & Exp. Co. Ltd. 144. Tianjin Fulida Supply Co. Ltd. 145. Tianjin Huixingshangmao Co. Ltd. 146. Tianjin Jin Xin Sheng Long Metal Products Co. Ltd. 147. Tianjin Jinghai Yicheng Metal Pvt. 148. Tianjin Jinlin Pharmaceutical Factory. 149. Tianjin Jinmao Imp. & Exp. Corp. Ltd. 150. Tianjin Lianda Group Co. Ltd. 151. Tianjin Liweitian Metal Technology 152. Tianjin Tianhua Environmental Plastics Co. Ltd. 153. Tianjin Yong Sheng Towel Mill. 154. Tianjin Yongye Furniture Co. Ltd. 155. Tianjin Zhonglian Times Technology. 156. Tianjin Zhongsheng Garment Co. Ltd. 157. Tinjin Tiaolai Import & Export Company Ltd. 158. Tsugaru Enterprise Co., Ltd. 159. Unicorn Fasteners Co. Ltd. 160. Verko Incorporated. 161. Win Fasteners Manufactory (Thailand) Co. Ltd. 162. Wire Products Manufacturing Co., Ltd. 163. Wulian Zhanpeng Metals Co. Ltd. 164. Xiamen Zhaotai Industrial Corp. 165. Yongchang Metal Product Co. 166. Youngwoo Fasteners Co., Ltd. 167. Yuyao Dingfeng Engineering Co. Ltd. 168. Zhanghaiding Hardware Co., Ltd. 169. Zhangjiagang Longxiang Industries Co. Ltd. 170. Zhaoqing Harvest Nails Co. Ltd. 171. Zhejiang Best Nail Industry Co. Ltd. 172. Zhejiang Jihengkang (JHK) Door Ind. Co. Ltd. 173. Zhejiang Saiteng New Building Materials Co., Ltd. 174. Zhejiang Yiwu Yongzhou Imp. & Exp. Co. Ltd. 175. Zhong Shan Daheng Metal Products Co. Ltd. 176. Zhong Shan Shen Neng Metals Products Co. Ltd. 177. Zhucheng Jinming Metal Products Co. Ltd. 178. Zhucheng Runfang Paper Co. Ltd. 179. Beijing Camzone Industry & Trading Co., Ltd. 180. Qingdao YuanYuan Metal Products LLC 181. Shanxi Fastener & Hardware Products VerDate Sep<11>2014 17:59 Apr 21, 2020 Jkt 250001 Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Issues Comment 1: Sample Rate Calculation Methodology Comment 2: Surrogate Financial Ratio Calculations Comment 3: U.S. Selling Price and ‘‘Irrecoverable’’ Value Added Taxes Comment 4: Stanley’s Factors of Production (FOP) Database Error Comment 5: Whether to Adjust Certain Movement Expenses Comment 6: Whether Stanley B&D is Part of the China-Wide Entity Comment 7: Application of Facts Available with Adverse Inferences V. Recommendation [FR Doc. 2020–08526 Filed 4–21–20; 8:45 a.m.] BILLING CODE 3510–DS–P 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 Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: DATES: Applicable April 16, 2020. 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. FOR FURTHER INFORMATION CONTACT: 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 (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 a countervailing 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). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 duty (CVD) petition concerning imports of non-refillable cylinders from China. 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 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 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. 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). 5 See ‘‘Determination of Industry Support for the Petition’’ section, infra. E:\FR\FM\22APN1.SGM 22APN1 Federal Register / Vol. 85, No. 78 / Wednesday, April 22, 2020 / Notices 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. khammond on DSKJM1Z7X2PROD with NOTICES 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: . . . 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, 6 See Supplemental General Issues Questionnaire and General Issues Supplement; see also Scope Phone Call Memo. VerDate Sep<11>2014 20:43 Apr 21, 2020 Jkt 250001 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.7 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).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 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 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). 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). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 22403 applies.11 An electronically filed document must be received successfully in its entirety by the time and date it is due. 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. 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) 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. 12 See 19 CFR 351.303(b). E:\FR\FM\22APN1.SGM 22APN1 khammond on DSKJM1Z7X2PROD with NOTICES 22404 Federal Register / Vol. 85, No. 78 / Wednesday, April 22, 2020 / Notices 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 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 nonrefillable cylinders, as defined in the scope, constitute a single domestic like product, and we have analyzed industry 13 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)). 15 See Volume I of the Petition at 12–15; see also General Issues Supplement at 8. 14 See VerDate Sep<11>2014 17:59 Apr 21, 2020 Jkt 250001 support in terms of that domestic like product.16 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 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, 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 NonRefillable 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. 17 See Volume I of the Petition at 2–3 and Exhibit GEN–2. 18 Id. 19 Id. 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. PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 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 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 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 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 nonrefillable cylinders produced in and exported from China.28 In order to 23 Id. 24 Id. 25 See 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 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 NonRefillable Steel Cylinders from the People’s Republic of China (Attachment III). 28 See Volume II of the Petition at 3 and Exhibit AD–1; see also AD Supplement at Exhibit AD– SUPP–8. 26 See E:\FR\FM\22APN1.SGM 22APN1 Federal Register / Vol. 85, No. 78 / Wednesday, April 22, 2020 / Notices 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 khammond on DSKJM1Z7X2PROD with NOTICES 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 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 Interested parties will have the opportunity to submit comments regarding surrogate country selection 29 See Volume II of the Petition at 3–4 and Exhibit AD–1; see also AD Supplement at Exhibit ADSUPP–8. 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 NonMarket 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. 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. VerDate Sep<11>2014 17:59 Apr 21, 2020 Jkt 250001 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 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 nonrefillable cylinders from China is 53.76 percent.38 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 nonrefillable cylinders.39 Commerce will issue quantity and value (Q&V) questionnaires to all 15 identified 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. 38 See AD supplement at Exhibit AD–SUPP–8; see also AD Initiation Checklist. 39 See Volume I of the Petition at Exhibit GEN– 7. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 22405 producers and exporters. In addition, Commerce will post the Q&V questionnaire along with filing instructions on E&C’s website at http:// 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. 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 http://enforcement.trade.gov/ nme/nme-sep-rate.html. The separaterate 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 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 http://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. E:\FR\FM\22APN1.SGM 22APN1 22406 Federal Register / Vol. 85, No. 78 / Wednesday, April 22, 2020 / Notices separate-rate status. Companies not filing a timely Q&V questionnaire response will not receive separate rate consideration. 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}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 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. khammond on DSKJM1Z7X2PROD with NOTICES 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. 42 See 43 See Policy Bulletin 05.1 at 6 (emphasis added). section 733(a) of the Act. 44 Id. VerDate Sep<11>2014 17:59 Apr 21, 2020 Jkt 250001 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. 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 http://www.gpo.gov/fdsys/ pkg/FR-2013-09-20/html/201345 See 19 CFR 351.301(b). 19 CFR 351.301(b)(2). 47 See 19 CFR 351.302. 46 See PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 22853.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.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. 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 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 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 48 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). Answers to frequently asked questions regarding the Final Rule are available at http://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. 50 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 17006 (March 26, 2020). 49 See E:\FR\FM\22APN1.SGM 22APN1 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

Agencies

[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]


-----------------------------------------------------------------------

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

    \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).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \5\ See ``Determination of Industry Support for the Petition'' 
section, infra.
---------------------------------------------------------------------------

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:
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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

    \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.
---------------------------------------------------------------------------

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

    \12\ See 19 CFR 351.303(b).
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \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)).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \17\ See Volume I of the Petition at 2-3 and Exhibit GEN-2.
    \18\ Id.
    \19\ Id.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \25\ 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.\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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \38\ See AD supplement at Exhibit AD-SUPP-8; see also AD 
Initiation Checklist.
---------------------------------------------------------------------------

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 http://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.
---------------------------------------------------------------------------

    \39\ 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 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 http://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.
---------------------------------------------------------------------------

    \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 
http://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.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \42\ See Policy Bulletin 05.1 at 6 (emphasis added).
---------------------------------------------------------------------------

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

    \43\ See section 733(a) of the Act.
    \44\ Id.
---------------------------------------------------------------------------

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

    \45\ See 19 CFR 351.301(b).
    \46\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------

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

    \47\ 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.\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.
---------------------------------------------------------------------------

    \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 
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------

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 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\
---------------------------------------------------------------------------

    \50\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19, 85 FR 17006 (March 26, 2020).
---------------------------------------------------------------------------

    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