Certain Non-Refillable Steel Cylinders From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination and Extension of Provisional Measures, 68852-68855 [2020-24064]

Download as PDF 68852 Federal Register / Vol. 85, No. 211 / Friday, October 30, 2020 / Notices preliminarily found that the ‘‘Export Buyer’s Credit Program’’ program is export contingent, we preliminarily find that the criterion under section 703(e)(1)(A) of the Act has been met.14 Chongqing Zongshen In the Preliminary Determination, we found that Chongqing Zongshen received countervailable subsidies under the ‘‘Export Sellers Credit Program’’ program, which was found to be export contingent in the Preliminary Determination.15 Thus, because we preliminarily found that the ‘‘Export Sellers Credit Program’’ program is export contingent, we preliminarily find that the criterion under section 703(e)(1)(A) of the Act has been met. jbell on DSKJLSW7X2PROD with NOTICES Massive Imports Commerce compared the import volumes of subject merchandise, as provided by the mandatory respondents, for the five months immediately preceding and following the filing of the petition. Because the petition was filed on March 18, 2020, in order to determine whether there was a massive surge in imports for the mandatory respondents, Commerce compared the total volume of shipments during the period of November 2019 through March 2020 with the volume of shipments during the period from April 2020 through August 2020.16 With respect to Chongqing Kohler, we preliminarily determine that there was no massive surge in imports between the base and comparison periods.17 However, with respect to Chongqing Zongshen, we preliminarily determine that there was a massive surge in imports between the base and comparison periods.18 For all other exporters and producers, we examined monthly shipment data for the same time periods, using import data from Global Trade Atlas (GTA), adjusted to remove the mandatory Investigation of Certain Vertical Shaft Engines between 99cc and up to 225cc, and Parts Thereof from the People’s Republic of China: Calculation Memorandum for Chongqing Kohler Engines Ltd. (Chongqing Kohler),’’ dated August 17, 2020 at Attachment 1. 14 See Preliminary Determination PDM at 25–37. 15 Id. at 28–29. 16 See Chongqing Kohler’s Letter, ‘‘Certain Vertical Shaft Engines Between 99cc and 225cc, and Parts Thereof from the People’s Republic of China: Chongqing Kohler’s Monthly Quantity and Value Data,’’ dated October 2, 2020; see also Chongqing Zongshen’s Letter, ‘‘Certain Vertical Shaft Engines Between 225cc and 999cc, and Parts Thereof, from China; CVD Investigation; Chongqing Zongshen Monthly Q&V Data,’’ dated October 2, 2020. 17 See Memorandum, ‘‘Critical Circumstances Shipment Data Analysis,’’ dated concurrently with this memorandum at Attachment 1 (Critical Circumstances Analysis Memo). 18 Id. VerDate Sep<11>2014 21:10 Oct 29, 2020 Jkt 253001 respondents’ shipment data.19 However, the quantity of shipments reported by the mandatory respondents was greater than the quantity of imports recorded in the GTA data for U.S. harmonized tariff schedule number 8407.90.10.10. Therefore, we determine that the record does not support a determination that there is a massive surge in imports between the base and comparison periods for all other exporters and producers.20 Accordingly, consistent with section 703(e)(1) of the Act, Commerce preliminarily determines that critical circumstances exist for imports of small vertical engines from China with respect to Chongqing Zongshen, but do not exist with respect to Chongqing Kohler and all other exporters or producers not individually examined. For the underlying data and results of Commerce’s analysis, see the Critical Circumstances Analysis Memo. Final Determination We will make a final determination concerning critical circumstances in the final determination of this investigation, which is currently scheduled for December 28, 2020. Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance. Interested parties will be notified of the timeline for the submission of case briefs and written comments at a later date. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline date for case briefs.21 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Suspension of Liquidation In accordance with section 703(e)(2)(A) of the Act, for Chongqing Zongshen, we intend to direct U.S. Customs and Border Protection (CBP) to suspend liquidation of any unliquidated entries of subject merchandise from the China entered, or withdrawn from warehouse for consumption, on or after May 26, 2020, which is 90 days prior to 19 Id. 20 See Prestressed Concrete Steel Wire from the Republic of Turkey: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination in Part, 85 FR 59287 (September 21, 2020). 21 See 19 CFR 351.309(d)(1). PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 the date of publication of the Preliminary Determination in the Federal Register. For such entries, CBP shall require a cash deposit equal to the estimated preliminary subsidy rates established in the Preliminary Determination. This suspension of liquidation will remain in effect until further notice. ITC Notification In accordance with section 703(f) of the Act, we intend to notify the ITC of this preliminary determination of critical circumstances. This determination is issued and published pursuant to sections 703(f) and 777(i)(1) of the Act. Dated: October 26, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–24135 Filed 10–29–20; 8:45 am] 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: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination and Extension of Provisional Measures Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that non-refillable steel cylinders (nonrefillable cylinders) from People’s Republic of China (China) are, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is July 1, 2019 through December 31, 2019. Interested parties are invited to comment on this preliminary determination. DATES: Applicable October 30, 2020. FOR FURTHER INFORMATION CONTACT: Katherine Sliney or Joy Zhang, 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) 482–1168, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended E:\FR\FM\30OCN1.SGM 30OCN1 68853 Federal Register / Vol. 85, No. 211 / Friday, October 30, 2020 / Notices (the Act). Commerce published the notice of initiation of this investigation on April 22, 2020.1 On August 26, 2020, Commerce postponed the preliminary determination of this investigation, and the revised deadline is now October 23, 2020.2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics included in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content. Scope of the Investigation jbell on DSKJLSW7X2PROD with NOTICES The products covered by this investigation are certain non-refillable cylinders from China. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations,4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (scope).5 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. For a summary of all scope related comments submitted to the record for this investigation and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum.6 Commerce is preliminarily modifying the scope language as it appeared in the Initiation Notice. See the revised scope in Appendix I to this notice. The Preliminary Scope Decision Memorandum establishes the deadline to submit scope case briefs.7 There will be no further opportunity for comments on scope-related issues. Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated export prices in accordance with section 772(a) of the Act. Because China is a non-market economy, within the meaning of section 771(18) of the Act, Commerce has calculated normal value (NV) in accordance with section 773(c) of the Act. In addition, Commerce has relied on facts available under section 776(a) of the Act to determine the cash deposit rate assigned to the China-wide entity. Furthermore, pursuant to sections 776(a) and (b) of the Act, because the China-wide entity did not cooperate to the best of its ability in responding to Commerce’s requests for data, Commerce preliminarily has relied upon facts otherwise available, with adverse inferences, for the China-wide entity. For a full description of the methodology underlying Commerce’s preliminary determination, see the Preliminary Decision Memorandum. Combination Rates In the Initiation Notice,8 Commerce stated that it would calculate producer/ exporter combination rates for the respondents that are eligible for a separate rate in this investigation. Policy Bulletin 05.1 describes this practice.9 In this investigation, we calculated producer/exporter combination rates for respondents eligible for separate rates. Preliminary Determination Commerce preliminarily determines that the following estimated weightedaverage dumping margins exist: Estimated weighted-average dumping margin (percent) Cash deposit rate (adjusted for subsidy offsets) (percent) Exporter Producer Sanjiang Kai Yuan Co. Ltd ............................... Wuyi Xilinde Machinery Manufacture Co., Ltd Hangzhou JM Chemical Co., Ltd ...................... Ningbo Eagle Machinery & Technology Co., Ltd. Zhejiang Kin-Shine Technology Co., Ltd .......... T.T. International Co. Ltd .................................. ICOOL International Commerce Limited ........... China-Wide Entity ............................................. Sanjiang Kai Yuan Co. Ltd .............................. Wuyi Xilinde Machinery Manufacture Co., Ltd Hangzhou JM Chemical Co., Ltd ..................... Jinhua Sinoblue Machinery Manufacturing Co., Ltd. Zhejiang Kin-Shine Technology Co., Ltd ......... Wuyi Xilinde Machinery Manufacture Co., Ltd ICOOL International Commerce Limited ......... .......................................................................... Suspension of Liquidation In accordance with section 733(d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of subject merchandise as described in the scope of the investigation section entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register, as discussed below. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the weighted average amount by which normal value exceeds U.S. price, as indicated in the chart 1 See Certain Non-Refillable Steel Cylinders from the People’s Republic of China: Initiation of LessThan-Fair-Value Investigation, 85 FR 22402 (April 22, 2020) (Initiation Notice). 2 See Non-Refillable Steel Cylinders from the People’s Republic of China: Postponement of Preliminary Determination in the Less-Than-FairValue Investigation, 85 FR 52548 (August 26, 2020). 3 See Memorandum, ‘‘Certain Non-Refillable Steel Cylinders from the People’s Republic of China: Decision Memorandum for the Preliminary Affirmative Determination of Sales at the LessThan-Fair-Value,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice. 6 See Memorandum, ‘‘Antidumping Duty and Countervailing Duty Investigations on Certain NonRefillable Steel Cylinders from the People’s Republic of China: Preliminary Scope Decision Memorandum’’ (Preliminary Scope Decision Memorandum), dated concurrently with this preliminary determination. 7 Case briefs, other written comments, and rebuttal briefs submitted by in response to this preliminary LTFV determination should not include scope-related issues. See Preliminary Scope Decision Memorandum and ‘‘Public Comment’’ section of this notice. 8 See Initiation Notice, 85 FR at 22406. 9 See Enforcement and Compliance’s Policy Bulletin No. 05.1, regarding, ‘‘Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries,’’ (April 5, 2005) (Policy Bulletin 05.1), available on Commerce’s website at http://enforcement.trade.gov/policy/bull05-1.pdf. VerDate Sep<11>2014 21:10 Oct 29, 2020 Jkt 253001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\30OCN1.SGM 30OCN1 95.14 57.83 69.09 69.09 77.12 46.28 55.86 58.55 69.09 69.09 69.09 114.58 55.86 55.86 55.86 104.04 68854 Federal Register / Vol. 85, No. 211 / Friday, October 30, 2020 / Notices jbell on DSKJLSW7X2PROD with NOTICES above as follows: (1) For the producer/ exporter combinations listed in the table above, the cash deposit rate is equal to the estimated weighted-average dumping margin listed for that combination in the table; (2) for all combinations of Chinese producers/ exporters of subject merchandise that have not established eligibility for their own separate rates, the cash deposit rate will be equal to the estimated weightedaverage dumping margin established for the China-wide entity; and (3) for all third-county exporters of subject merchandise not listed in the table above, the cash deposit rate is the cash deposit rate applicable to the Chinese producer/exporter combination (or China-wide entity) that supplied that third-country exporter. To determine the cash deposit rate, Commerce normally adjusts the estimated weighted-average dumping margin by the amount of domestic subsidy pass-through and export subsidies determined in a companion countervailing duty (CVD) proceeding when CVD provisional measures are in effect. Accordingly, where Commerce has made a preliminary affirmative determination for domestic subsidy pass-through or export subsidies, Commerce has offset the calculated estimated weighted-average dumping margin by the appropriate rate(s). Any such adjusted rates may be found in the chart of estimated weighted-average dumping margins, above.10 Should provisional measures in the companion CVD investigation expire prior to the expiration of provisional measures in this LTFV investigation, Commerce will direct CBP to begin collecting cash deposits at a rate equal to the estimated weighted-average dumping margins calculated in this preliminary determination unadjusted for the passed-through domestic subsidies or for export subsidies at the time the CVD provisional measures expire. These suspension of liquidation instructions will remain in effect until further notice. Disclosure Commerce intends to disclose to interested parties the calculations performed in connection with this preliminary determination within five days of its public announcement or, if there is no public announcement, within five days of the date of 10 For further discussion of the methodology and calculation of these adjustments, see Preliminary Decision Memorandum; see also Memorandum, ‘‘Calculation of Export Subsidy Adjustments for the Preliminary Determination,’’ dated concurrently with this notice. VerDate Sep<11>2014 21:10 Oct 29, 2020 Jkt 253001 publication of this notice in accordance with 19 CFR 351.224(b). Verification Commerce is currently unable to conduct on-site verification of the information relied upon in making its final determination in this investigation. Accordingly, we intend to take additional steps in lieu of on-site verification. Commerce will notify interested parties of any additional documentation or information required. Public Comment Case briefs or other written comments on non-scope issues may be submitted to the Assistant Secretary for Enforcement and Compliance. A timeline for the submission of case briefs and written comments will be provided to interested parties at a later date. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline date for case briefs.11 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party’s name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm by telephone the date, time of the hearing two days before the scheduled date. event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioners. Pursuant to 19 CFR 351.210(e)(2), Commerce requires that requests by respondents for postponement of a final antidumping determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. On October 15, 2020 and October 16, 2020, pursuant to 19 CFR 351.210(e), Wuyi Xilinde Machinery Manufacture Co., Ltd. (Wuyi Xilinde) and Sanjiang Kai Yuan Co. Ltd. (SKY) requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed six months, respectively.12 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) The preliminary determination is affirmative; (2) the requesting exporters account for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, Commerce is postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, Commerce’s final determination will publish no later than 135 days after the date of publication of this preliminary determination. International Trade Commission Notification Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the In accordance with section 733(f) of the Act, Commerce will notify the International Trade Commission (ITC) of its preliminary determination of sales at LTFV. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether imports of the subject merchandise are materially injuring, or threaten material injury to, the U.S. industry. 11 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements); Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 17006 (March 26, 2020) (Temporary Rule); and Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 12 See Wuyi Xilinde’s Letter, ‘‘Certain NonRefillable Steel Cylinders from the People’s Republic of China: Request to Postpone the Final Determination of the Investigation,’’ dated October 15, 2020; see also SKY’s Letter, ‘‘Certain NonRefillable Steel Cylinders from China; A–570–126; Request to Postpone the Final Determination,’’ dated October 16, 2020. Postponement of Final Determination and Extension of Provisional Measures PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\30OCN1.SGM 30OCN1 Federal Register / Vol. 85, No. 211 / Friday, October 30, 2020 / Notices Notification to Interested Parties DEPARTMENT OF COMMERCE This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). National Oceanic and Atmospheric Administration Dated: October 23, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Scientific Advisory Subcommittee to the General Advisory Committee and General Advisory Committee to the U.S. Section to the Inter-American Tropical Tuna Commission; Meeting Announcements Appendix I Scope of the Investigation The merchandise covered by this investigation is certain seamed (welded or brazed), non-refillable steel cylinders meeting the requirements of, or produced to meet the requirements of, U.S. Department of Transportation (USDOT) Specification 39, TransportCanada Specification 39M, or United Nations pressure receptacle standard ISO 11118 and otherwise meeting the description provided below (non-refillable steel cylinders). The subject non-refillable steel cylinders are portable and range from 300-cubic inch (4.9 liter) water capacity to 1,526-cubic inch (25 liter) water capacity. Subject non-refillable steel cylinders may be imported with or without a valve and/or pressure release device and unfilled at the time of importation. Non-refillable steel cylinders filled with pressurized air otherwise meeting the physical description above are covered by this investigation. 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. Appendix II jbell on DSKJLSW7X2PROD with NOTICES List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope of Investigation V. Scope Comments VI. Discussion of the Methodology VII. Currency Conversion VIII. Adjustment for Countervailable Export Subsidies IX. Adjustment Under Section 777A(f) of the Act X. Recommendation [FR Doc. 2020–24064 Filed 10–29–20; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 21:10 Oct 29, 2020 Jkt 253001 [RTID 0648–XA512] National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meeting. AGENCY: NMFS announces a combined public meeting of the Scientific Advisory Subcommittee (SAS) to the General Advisory Committee (GAC), and the GAC to the U.S. Section to the Inter-American Tropical Tuna Commission (IATTC). This meeting will be held virtually on November 10, 2020, via webinar. The meeting topics are described under the SUPPLEMENTARY INFORMATION section of this notice. DATES: The virtual meeting of the SAS and GAC will be held on November 10, 2020, from 8:30 a.m. to 1 p.m. PST (or until business is concluded). ADDRESSES: Please notify William Stahnke (see FOR FURTHER INFORMATION CONTACT) if you plan to attend the webinar. Instructions will be emailed to meeting participants before the meeting occurs. FOR FURTHER INFORMATION CONTACT: William Stahnke, West Coast Region, NMFS, at william.stahnke@noaa.gov, or at (562) 980–4088. SUPPLEMENTARY INFORMATION: On June 18, 2020, NMFS hosted a combined virtual SAS and GAC meeting (85 FR 36562; June 17, 2020), in which NMFS indicated that it would host a second virtual SAS and GAC meeting on a date to be determined later in the year based on scheduling for relevant IATTC meetings. The IATTC Scientific Advisory Committee (SAC) meeting was held on October 26–28, 2020, and the IATTC annual meeting is expected to be held from November 30 to December 4, 2020. As such, NMFS is hosting a second virtual SAS and GAC meeting where priority items such as final stock assessments, tropical tuna management measures, Pacific bluefin tuna measures, observer issues, and other administrative topics will be discussed in light of information presented at the SAC meeting, in advance of the IATTC annual meeting. SUMMARY: PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 68855 In accordance with the Tuna Conventions Act (16 U.S.C. 951 et seq.), the U.S. Department of Commerce, in consultation with the Department of State (the State Department), appoints a GAC to the U.S. Section to the IATTC, and a SAS that advises the GAC. The U.S. Section consists of the four U.S. Commissioners to the IATTC and representatives of the State Department, NOAA, Department of Commerce, other U.S. Government agencies, and stakeholders. The GAC advises the U.S. Section with respect to U.S. participation in the work of the IATTC, focusing on the development of U.S. policies, positions, and negotiating tactics. The purpose of the SAS is to advise the GAC on scientific matters. NMFS West Coast Region staff provide administrative support for the SAS and GAC. The meetings of the SAS and GAC are open to the public, unless in executive session. The time and manner of public comment will be at the discretion of the Chairs for the SAS and GAC. Currently, the 95th meeting of the IATTC and IATTC working group meetings are scheduled to be held, in a virtual format, from November 30 to December 4, 2020. For more information and updates on these meetings, please visit the IATTC’s website: https:// www.iattc.org/MeetingsENG.htm. SAS and GAC Meeting Topics As was the case at the prior combined SAS and GAC meeting (85 FR 36562; June 17, 2020), this SAS and GAC meeting will also have a streamlined agenda. The meeting agenda will include, but is not limited to, the following topics: (1) Outcomes of the final 2020 stock assessments and stock status updates for tuna, tuna-like species, and other species caught in association with those fisheries in the eastern Pacific Ocean; (2) Evaluation of the IATTC Staff’s Recommendations to the Commission for 2020; (3) Discussion of tropical tuna management measure, Pacific Bluefin tuna measures, observer issues, and administrative topics; (4) Recommendations and evaluations by the SAS and GAC; and (5) Other issues as they arise. Special Accommodations Requests for sign language interpretation or other auxiliary aids should be directed to William Stahnke (see FOR FURTHER INFORMATION CONTACT). (Authority: 16 U.S.C. 951 et seq.) E:\FR\FM\30OCN1.SGM 30OCN1

Agencies

[Federal Register Volume 85, Number 211 (Friday, October 30, 2020)]
[Notices]
[Pages 68852-68855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24064]


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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: Preliminary Affirmative Determination of Sales at Less Than 
Fair Value, Postponement of Final Determination and Extension of 
Provisional Measures

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that non-refillable steel cylinders (non-refillable cylinders) from 
People's Republic of China (China) are, or are likely to be, sold in 
the United States at less than fair value (LTFV). The period of 
investigation is July 1, 2019 through December 31, 2019. Interested 
parties are invited to comment on this preliminary determination.

DATES: Applicable October 30, 2020.

FOR FURTHER INFORMATION CONTACT: Katherine Sliney or Joy Zhang, 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) 482-1168, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended

[[Page 68853]]

(the Act). Commerce published the notice of initiation of this 
investigation on April 22, 2020.\1\ On August 26, 2020, Commerce 
postponed the preliminary determination of this investigation, and the 
revised deadline is now October 23, 2020.\2\ For a complete description 
of the events that followed the initiation of this investigation, see 
the Preliminary Decision Memorandum.\3\ A list of topics included in 
the Preliminary Decision Memorandum is included as Appendix II to this 
notice. The Preliminary Decision Memorandum is a public document and is 
on file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/. The signed 
and the electronic versions of the Preliminary Decision Memorandum are 
identical in content.
---------------------------------------------------------------------------

    \1\ See Certain Non-Refillable Steel Cylinders from the People's 
Republic of China: Initiation of Less-Than-Fair-Value Investigation, 
85 FR 22402 (April 22, 2020) (Initiation Notice).
    \2\ See Non-Refillable Steel Cylinders from the People's 
Republic of China: Postponement of Preliminary Determination in the 
Less-Than-Fair-Value Investigation, 85 FR 52548 (August 26, 2020).
    \3\ See Memorandum, ``Certain Non-Refillable Steel Cylinders 
from the People's Republic of China: Decision Memorandum for the 
Preliminary Affirmative Determination of Sales at the Less-Than-
Fair-Value,'' dated concurrently with, and hereby adopted by, this 
notice (Preliminary Decision Memorandum).
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Scope of the Investigation

    The products covered by this investigation are certain non-
refillable cylinders from China. For a complete description of the 
scope of this investigation, see Appendix I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\4\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (scope).\5\ Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice. For a summary of all scope related comments 
submitted to the record for this investigation and accompanying 
discussion and analysis of all comments timely received, see the 
Preliminary Scope Decision Memorandum.\6\ Commerce is preliminarily 
modifying the scope language as it appeared in the Initiation Notice. 
See the revised scope in Appendix I to this notice.
---------------------------------------------------------------------------

    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice.
    \6\ See Memorandum, ``Antidumping Duty and Countervailing Duty 
Investigations on Certain Non-Refillable Steel Cylinders from the 
People's Republic of China: Preliminary Scope Decision Memorandum'' 
(Preliminary Scope Decision Memorandum), dated concurrently with 
this preliminary determination.
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    The Preliminary Scope Decision Memorandum establishes the deadline 
to submit scope case briefs.\7\ There will be no further opportunity 
for comments on scope-related issues.
---------------------------------------------------------------------------

    \7\ Case briefs, other written comments, and rebuttal briefs 
submitted by in response to this preliminary LTFV determination 
should not include scope-related issues. See Preliminary Scope 
Decision Memorandum and ``Public Comment'' section of this notice.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce has calculated export prices in 
accordance with section 772(a) of the Act. Because China is a non-
market economy, within the meaning of section 771(18) of the Act, 
Commerce has calculated normal value (NV) in accordance with section 
773(c) of the Act.
    In addition, Commerce has relied on facts available under section 
776(a) of the Act to determine the cash deposit rate assigned to the 
China-wide entity. Furthermore, pursuant to sections 776(a) and (b) of 
the Act, because the China-wide entity did not cooperate to the best of 
its ability in responding to Commerce's requests for data, Commerce 
preliminarily has relied upon facts otherwise available, with adverse 
inferences, for the China-wide entity. For a full description of the 
methodology underlying Commerce's preliminary determination, see the 
Preliminary Decision Memorandum.

Combination Rates

    In the Initiation Notice,\8\ Commerce stated that it would 
calculate producer/exporter combination rates for the respondents that 
are eligible for a separate rate in this investigation. Policy Bulletin 
05.1 describes this practice.\9\ In this investigation, we calculated 
producer/exporter combination rates for respondents eligible for 
separate rates.
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    \8\ See Initiation Notice, 85 FR at 22406.
    \9\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations involving Non-Market Economy 
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on 
Commerce's website at http://enforcement.trade.gov/policy/bull05-1.pdf.
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Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

----------------------------------------------------------------------------------------------------------------
                                                                                              Cash deposit rate
                                                                       Estimated weighted-      (adjusted for
               Exporter                           Producer               average dumping      subsidy offsets)
                                                                        margin (percent)          (percent)
----------------------------------------------------------------------------------------------------------------
Sanjiang Kai Yuan Co. Ltd............  Sanjiang Kai Yuan Co. Ltd....                 95.14                 77.12
Wuyi Xilinde Machinery Manufacture     Wuyi Xilinde Machinery                        57.83                 46.28
 Co., Ltd.                              Manufacture Co., Ltd.
Hangzhou JM Chemical Co., Ltd........  Hangzhou JM Chemical Co., Ltd                 69.09                 55.86
Ningbo Eagle Machinery & Technology    Jinhua Sinoblue Machinery                     69.09                 58.55
 Co., Ltd.                              Manufacturing Co., Ltd.
Zhejiang Kin-Shine Technology Co.,     Zhejiang Kin-Shine Technology                 69.09                 55.86
 Ltd.                                   Co., Ltd.
T.T. International Co. Ltd...........  Wuyi Xilinde Machinery                        69.09                 55.86
                                        Manufacture Co., Ltd.
ICOOL International Commerce Limited.  ICOOL International Commerce                  69.09                 55.86
                                        Limited.
China-Wide Entity....................  .............................                114.58                104.04
----------------------------------------------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of subject merchandise as described in the scope of the investigation 
section entered, or withdrawn from warehouse, for consumption on or 
after the date of publication of this notice in the Federal Register, 
as discussed below. Further, pursuant to section 733(d)(1)(B) of the 
Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash 
deposit equal to the weighted average amount by which normal value 
exceeds U.S. price, as indicated in the chart

[[Page 68854]]

above as follows: (1) For the producer/exporter combinations listed in 
the table above, the cash deposit rate is equal to the estimated 
weighted-average dumping margin listed for that combination in the 
table; (2) for all combinations of Chinese producers/exporters of 
subject merchandise that have not established eligibility for their own 
separate rates, the cash deposit rate will be equal to the estimated 
weighted-average dumping margin established for the China-wide entity; 
and (3) for all third-county exporters of subject merchandise not 
listed in the table above, the cash deposit rate is the cash deposit 
rate applicable to the Chinese producer/exporter combination (or China-
wide entity) that supplied that third-country exporter.
    To determine the cash deposit rate, Commerce normally adjusts the 
estimated weighted-average dumping margin by the amount of domestic 
subsidy pass-through and export subsidies determined in a companion 
countervailing duty (CVD) proceeding when CVD provisional measures are 
in effect. Accordingly, where Commerce has made a preliminary 
affirmative determination for domestic subsidy pass-through or export 
subsidies, Commerce has offset the calculated estimated weighted-
average dumping margin by the appropriate rate(s). Any such adjusted 
rates may be found in the chart of estimated weighted-average dumping 
margins, above.\10\
---------------------------------------------------------------------------

    \10\ For further discussion of the methodology and calculation 
of these adjustments, see Preliminary Decision Memorandum; see also 
Memorandum, ``Calculation of Export Subsidy Adjustments for the 
Preliminary Determination,'' dated concurrently with this notice.
---------------------------------------------------------------------------

    Should provisional measures in the companion CVD investigation 
expire prior to the expiration of provisional measures in this LTFV 
investigation, Commerce will direct CBP to begin collecting cash 
deposits at a rate equal to the estimated weighted-average dumping 
margins calculated in this preliminary determination unadjusted for the 
passed-through domestic subsidies or for export subsidies at the time 
the CVD provisional measures expire.
    These suspension of liquidation instructions will remain in effect 
until further notice.

Disclosure

    Commerce intends to disclose to interested parties the calculations 
performed in connection with this preliminary determination within five 
days of its public announcement or, if there is no public announcement, 
within five days of the date of publication of this notice in 
accordance with 19 CFR 351.224(b).

Verification

    Commerce is currently unable to conduct on-site verification of the 
information relied upon in making its final determination in this 
investigation. Accordingly, we intend to take additional steps in lieu 
of on-site verification. Commerce will notify interested parties of any 
additional documentation or information required.

Public Comment

    Case briefs or other written comments on non-scope issues may be 
submitted to the Assistant Secretary for Enforcement and Compliance. A 
timeline for the submission of case briefs and written comments will be 
provided to interested parties at a later date. Rebuttal briefs, 
limited to issues raised in case briefs, may be submitted no later than 
seven days after the deadline date for case briefs.\11\ Pursuant to 19 
CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or 
rebuttal briefs in this investigation are encouraged to submit with 
each argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements); Temporary Rule Modifying AD/CVD Service 
Requirements Due to COVID-19, 85 FR 17006 (March 26, 2020) 
(Temporary Rule); and Temporary Rule Modifying AD/CVD Service 
Requirements Due to COVID-19; Extension of Effective Period, 85 FR 
41363 (July 10, 2020).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at a time and date to be 
determined. Parties should confirm by telephone the date, time of the 
hearing two days before the scheduled date.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioners. Pursuant to 19 CFR 351.210(e)(2), Commerce requires 
that requests by respondents for postponement of a final antidumping 
determination be accompanied by a request for extension of provisional 
measures from a four-month period to a period not more than six months 
in duration.
    On October 15, 2020 and October 16, 2020, pursuant to 19 CFR 
351.210(e), Wuyi Xilinde Machinery Manufacture Co., Ltd. (Wuyi Xilinde) 
and Sanjiang Kai Yuan Co. Ltd. (SKY) requested that Commerce postpone 
the final determination and that provisional measures be extended to a 
period not to exceed six months, respectively.\12\ In accordance with 
section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: 
(1) The preliminary determination is affirmative; (2) the requesting 
exporters account for a significant proportion of exports of the 
subject merchandise; and (3) no compelling reasons for denial exist, 
Commerce is postponing the final determination and extending the 
provisional measures from a four-month period to a period not greater 
than six months. Accordingly, Commerce's final determination will 
publish no later than 135 days after the date of publication of this 
preliminary determination.
---------------------------------------------------------------------------

    \12\ See Wuyi Xilinde's Letter, ``Certain Non-Refillable Steel 
Cylinders from the People's Republic of China: Request to Postpone 
the Final Determination of the Investigation,'' dated October 15, 
2020; see also SKY's Letter, ``Certain Non-Refillable Steel 
Cylinders from China; A-570-126; Request to Postpone the Final 
Determination,'' dated October 16, 2020.
---------------------------------------------------------------------------

International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its preliminary 
determination of sales at LTFV. If the final determination is 
affirmative, the ITC will determine before the later of 120 days after 
the date of this preliminary determination or 45 days after the final 
determination whether imports of the subject merchandise are materially 
injuring, or threaten material injury to, the U.S. industry.

[[Page 68855]]

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: October 23, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The merchandise covered by this investigation is certain seamed 
(welded or brazed), non-refillable steel cylinders meeting the 
requirements of, or produced to meet the requirements of, U.S. 
Department of Transportation (USDOT) Specification 39, 
TransportCanada Specification 39M, or United Nations pressure 
receptacle standard ISO 11118 and otherwise meeting the description 
provided below (non-refillable steel cylinders). The subject non-
refillable steel cylinders are portable and range from 300-cubic 
inch (4.9 liter) water capacity to 1,526-cubic inch (25 liter) water 
capacity. Subject non-refillable steel cylinders may be imported 
with or without a valve and/or pressure release device and unfilled 
at the time of importation. Non-refillable steel cylinders filled 
with pressurized air otherwise meeting the physical description 
above are covered by this investigation.
    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.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope of Investigation
V. Scope Comments
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Adjustment for Countervailable Export Subsidies
IX. Adjustment Under Section 777A(f) of the Act
X. Recommendation

[FR Doc. 2020-24064 Filed 10-29-20; 8:45 am]
BILLING CODE 3510-DS-P