Certain Non-Refillable Steel Cylinders From India: Initiation of Less-Than-Fair-Value Investigation, 33571-33575 [2023-11003]

Download as PDF Federal Register / Vol. 88, No. 100 / Wednesday, May 24, 2023 / Notices Administrative Protective Order This notice also serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction or conversion to judicial protective order of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to comply with the regulations and terms of an APO is a violation which may be subject to sanctions. Notification to Interested Parties This five-year (sunset) review and notice are in accordance with sections 751(c) and (d)(2) and 777(i)(1) the Act, and published in accordance with section 777(i) of the Act and 19 CFR 351.218(f)(4). Dated: May 18, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–11061 Filed 5–23–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–912] Certain Non-Refillable Steel Cylinders From India: Initiation of Less-ThanFair-Value Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable May 17, 2023. FOR FURTHER INFORMATION CONTACT: Benito Ballesteros or Macey Mayes, AD/ CVD Operations, Office IX, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–7425 or (202) 482–4473, respectively. AGENCY: SUPPLEMENTARY INFORMATION: ddrumheller on DSK120RN23PROD with NOTICES1 The Petition On April 27, 2023, the U.S. Department of Commerce (Commerce) received an antidumping duty (AD) petition concerning imports of certain non-refillable steel cylinders (cylinders) from India filed in proper form on behalf of Worthington Industries (the petitioner), a U.S. producer of cylinders.1 The Petition was accompanied by a countervailing duty 1 See Petitioner’s Letter, ‘‘Certain Non-Refillable Cylinders from India—Petition from the Imposition of Antidumping and Countervailing Duties,’’ dated April 27, 2023 (Petition). VerDate Sep<11>2014 18:38 May 23, 2023 Jkt 259001 (CVD) petition concerning imports of cylinders from India.2 On May 1 and 9, 2023, Commerce requested supplemental information pertaining to certain aspects of the Petition.3 On May 5 and 10, 2023, the petitioner filed timely responses to these requests for additional information.4 In accordance with section 732(b) of the Tariff Act of 1930, as amended (the Act), the petitioner alleges that imports of cylinders from India 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 imports of such cylinders are materially injuring, or threatening material injury to, the cylinder industry 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 Petition was filed 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 for the initiation of the requested AD investigation.5 Period of Investigation Because the Petition was filed on April 27, 2023, pursuant to 19 CFR 351.204(b)(1), the period of investigation (POI) for the AD investigation is April 1, 2022, through March 31, 2023. Scope of the Investigation The products covered by the investigation are cylinders from India. For a full description of the scope of the investigation, see the appendix to this notice. 2 Id. 3 See Commerce’s Letters, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Certain Non-Refillable Steel Cylinders from India: Supplemental Questions,’’ dated May 1, 2023; ‘‘Petition for the Imposition of Antidumping Duties on Imports of Certain NonRefillable Steel Cylinders from India: Supplemental Questions,’’ dated May 1, 2023; and ‘‘Petition for the Imposition of Antidumping Duties on Imports of Certain Non-Refillable Steel Cylinders from India: Supplemental Questions,’’ dated May 9, 2023. 4 See Petitioner’s Letters, ‘‘Petitioner’s Amendment to Volume I Relating to General and Injury Information,’’ dated May 3, 2023 (General Issues Supplement); and ‘‘Petitioner’s Amendment to Volume II Relating to Antidumping Duties,’’ dated May 5, 2023; and ‘‘Petitioner’s 2nd Amendment to Volume II of the Petition Relating to Antidumping Duties,’’ dated May 10, 2023. 5 See section on ‘‘Determination of Industry Support for the Petitions’’ section, infra. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 33571 Comments on the Scope of the Investigation As discussed in the Preamble to Commerce’s regulations, we are setting aside a period of time for interested parties to raise issues regarding product coverage (i.e., scope).6 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, all such factual information should be limited to public information.7 To facilitate preparation of its questionnaires, Commerce requests that all interested parties submit such comments by 5:00 p.m. Eastern Time (ET) on June 6, 2023, 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 June 16, 2023, which is 10 calendar days from the initial comment deadline. Commerce requests that any factual information that parties consider relevant to the scope of the investigation be submitted during this 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 submissions must be filed on the records of the concurrent AD and CVD investigations. Filing Requirements All submissions to Commerce must be filed electronically via Enforcement and Compliance’s Antidumping Duty and Countervailing Duty Centralized Electronic Service System (ACCESS), unless an exception applies.8 An electronically filed document must be received successfully in its entirety by the time and date it is due.9 Comments on Product Characteristics Commerce is providing interested parties an opportunity to comment on 6 See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 7 See 19 CFR 351.102(b)(21) (defining ‘‘factual information’’). 8 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 help 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. 9 See 19 CFR 351.303(b)(1). E:\FR\FM\24MYN1.SGM 24MYN1 33572 Federal Register / Vol. 88, No. 100 / Wednesday, May 24, 2023 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 the appropriate physical characteristics of 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 cost of production (COP) accurately, as well as to develop appropriate product-comparison criteria where appropriate. Subsequent to the publication of this notice, Commerce intends to release a proposed list of physical characteristics and product-comparison criteria, and interested parties may provide any information or comments that they feel are relevant to the development of an accurate list of physical characteristics. Specifically, they may provide comments as to which characteristics are appropriate to use as: (1) general product characteristics; and (2) product comparison criteria. We note that it is not always appropriate to use all product characteristics as product comparison criteria. We base product comparison criteria on meaningful commercial differences among products. In other words, although there may be some physical product characteristics utilized by manufacturers to describe cylinders, it may be that only a select few product characteristics take into account commercially meaningful physical characteristics. In addition, interested parties may comment on the order in which the physical characteristics should be used in matching products. Generally, Commerce attempts to list the most important physical characteristics first and the least important characteristics last. In order to consider the suggestions of interested parties in developing and issuing the AD questionnaire, Commerce intends to establish a deadline for relevant comments and submissions at the time it releases the proposed list of physical characteristics and product-comparison criteria. All comments and submissions to Commerce must be filed electronically using ACCESS, as explained above, on the record of the 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 VerDate Sep<11>2014 18:38 May 23, 2023 Jkt 259001 portion of the industry expressing support for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, Commerce shall: (i) poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the ‘‘industry.’’ Section 771(4)(A) of the Act defines the ‘‘industry’’ as the producers as a whole of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs Commerce to look to producers and workers who produce the domestic like product. The U.S. 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,10 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.11 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.12 Based on our analysis of the information submitted on the record, we have determined that cylinders, as defined in the scope, 10 See section 771(10) of the Act. USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp. v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff’d 865 F.2d 240 (Fed. Cir. 1989)). 12 See Petition at Volume I (pages 13–17); see also General Issues Supplement at 2 and Exhibits GEN– SUPP–1 and GEN–SUPP–2. 11 See PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 constitute a single domestic like product, and we have analyzed industry support in terms of that domestic like product.13 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 2022.14 The petitioner stated that there are no other known producers of cylinders in the United States; therefore, the Petition is supported by 100 percent of the U.S. industry.15 We relied on data provided by the petitioner for purposes of measuring industry support.16 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. 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).17 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.18 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 13 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 India,’’ dated concurrently with this notice (AD Initiation Checklist), at Attachment II (Analysis of Industry Support for the Antidumping and Countervailing Duty Petitions Covering Certain Non-Refillable Steel Cylinders from India). 14 See Petition at Volume I (pages 3 and Exhibit GEN–2). 15 Id. at 2–3 and Exhibit GEN–1; see also General Issues Supplement at 2 and Exhibit GEN–1. 16 See Petition at Volume I (pages 2–3 and Exhibits GEN–1 and GEN–2); see also General Issues Supplement at 2 and Exhibit GEN–SUPP–1. For further discussion, see the AD Initiation Checklist at Attachment II. 17 See AD Initiation Checklist at Attachment II; see also section 732(c)(4)(D) of the Act. 18 See AD Initiation Checklist at Attachment II. E:\FR\FM\24MYN1.SGM 24MYN1 Federal Register / Vol. 88, No. 100 / Wednesday, May 24, 2023 / Notices production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Petition.19 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.20 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.21 The petitioner contends that the industry’s injured condition is illustrated by the significant and increasing volume of subject imports; declining market share; underselling and price depression and/or suppression; lost sales and revenues; and adverse impact on the domestic industry’s capacity utilization, commercial shipments, employment variables, and financial performance.22 We 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.23 Allegations of Sales at LTFV The following is a description of the allegations of sales at LTFV upon which Commerce based its decision to initiate an AD investigation of imports of cylinders from India. 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. U.S. Price The petitioner based export price (EP) on pricing information for sales of, or sales offers for, cylinders produced in and exported from India. The petitioner made certain adjustments to U.S. price to calculate a net ex-factory U.S. price, where appropriate.24 Normal Value 25 The petitioner based NV on home market pricing information obtained through market research for cylinders produced in and sold, or offered for sale, in India during the period of investigation.26 The petitioner provided information indicating that the prices for cylinders sold or offered for sale in India were below the COP; therefore, the petitioner also calculated NV based on CV.27 For further discussion of CV, see the section ‘‘Normal Value Based on Constructed Value,’’ below. Normal Value Based on Constructed Value As noted above, the petitioner provided information indicating that the prices for cylinders sold or offered for sale in India were below COP. Therefore, the petitioner also based NV on CV. Pursuant to section 773(e) of the Act, the petitioner calculated CV as the sum of the cost of manufacturing, selling, general, and administrative (SG&A) expenses, financial expenses, and profit.28 In calculating the cost of manufacturing, the petitioner relied on the production experience and input consumption rates of a U.S. producer of cylinders, valued using publicly available information applicable to India.29 In calculating SG&A expenses, financial expenses, and profit ratios, the petitioner relied on the financial statements of producers of identical merchandise in India.30 Fair Value Comparisons Based on the data provided by the petitioner, there is reason to believe that imports of cylinders from India are being, or are likely to be, sold in the United States at LTFV. Based on comparisons of EP to NV and CV, in accordance with sections 772 and 773 of the Act, the estimated dumping margins for cylinders from India are 6.24 percent and 61.00 percent ad valorem.31 24 See AD Initiation Checklist. accordance with section 773(b)(2) of the Act, for this investigation, Commerce will request information necessary to calculate the constructed value (CV) and COP to determine whether there are reasonable grounds to believe or suspect that sales of the foreign like product have been made at prices that represent less than the COP of the product. 26 See AD Initiation Checklist. 27 Id. 28 Id. 29 Id. 30 Id. 31 See AD Initiation Checklist for details of the calculations. 25 In 19 Id. ddrumheller on DSK120RN23PROD with NOTICES1 20 Id. 21 See Petition at Volume I (pages 12, 17–19, and Exhibits GEN–1 and GEN–11). 22 Id. at 19–31 and Exhibits GEN–1 and GEN–8 through GEN–15; see also General Issues Supplement at 3 and Exhibits GEN–SUPP–3 and GEN–SUPP–4. 23 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 Certain Non-Refillable Steel Cylinders from India). VerDate Sep<11>2014 18:38 May 23, 2023 Jkt 259001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 33573 Initiation of LTFV Investigation Based upon the examination of the Petition 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 cylinders from India 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 In the Petition, the petitioner identified five companies in India as producers/exporters of cylinders.32 In the event Commerce determines that the number of companies in India is large, and it cannot individually examine each company based upon Commerce’s resources, where appropriate, Commerce intends to select mandatory respondents based on quantity and value (Q&V) questionnaires issued to potential respondents. Following standard practice in AD investigations involving market economy countries, Commerce would normally select respondents based on U.S. Customs and Border Protection (CBP) entry data for imports under the appropriate Harmonized Tariff Schedule of the United States (HTSUS) subheadings listed in the scope of the investigation. However, for this investigation, the main HTSUS subheadings under which the subject merchandise would enter (7311.00.0060 and 7311.00.0090) are basket categories under which nonsubject merchandise may enter. Therefore, we cannot rely on CBP entry data in selecting respondents. We, instead, intend to issue Q&V questionnaires to each potential respondent for which the petitioner has provided a complete address. Exporters/producers of cylinders from India that do not receive Q&V questionnaires by mail may still submit a response to the Q&V questionnaire and can obtain a copy of the Q&V questionnaire from Enforcement and Compliance’s website, at https:// enforcement.trade.gov/questionnaires/ questionnaires-ad.html. Responses to the Q&V questionnaire must be submitted by the relevant exporters/ producers no later than 5:00 p.m. ET on May 31, 2023, which is two weeks from the signature date of this notice. All Q&V responses must be filed electronically via ACCESS. An 32 See E:\FR\FM\24MYN1.SGM Petition at Volume I (Exhibit GEN–8). 24MYN1 33574 Federal Register / Vol. 88, No. 100 / Wednesday, May 24, 2023 / Notices 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. 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 India 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 Petitions, 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 Determination by the ITC The ITC will preliminarily determine, within 45 days after the date on which the Petition is filed, whether there is a reasonable indication that imports of cylinders from India are materially injuring, or threatening material injury to, a U.S. industry.33 A negative ITC determination will result in the investigation being terminated.34 Otherwise, the investigation will proceed according to statutory and regulatory time limits. ddrumheller on DSK120RN23PROD with NOTICES1 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). Section 351.301(b) of Commerce’s regulations requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted 35 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.36 Time limits for the submission of factual information are addressed in 19 CFR 351.301, which 33 See section 733(a) of the Act. 34 Id. 35 See 36 See 19 CFR 351.301(b). 19 CFR 351.301(b)(2). VerDate Sep<11>2014 18:38 May 23, 2023 Jkt 259001 provides specific time limits based on the type of factual information being submitted. Interested parties should review the regulations prior to submitting factual information in this investigation. Particular Market Situation Allegation Section 773(e) of the Act addresses the concept of particular market situation (PMS) for purposes of CV, stating that ‘‘if a particular market situation exists such that the cost of materials and fabrication or other processing of any kind does not accurately reflect the COP in the ordinary course of trade, the administering authority may use another calculation methodology under this subtitle or any other calculation methodology.’’ When an interested party submits a PMS allegation pursuant to section 773(e) of the Act, Commerce will respond to such a submission consistent with 19 CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section 773(e) of the Act, then it will modify its dumping calculations appropriately. Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), set a deadline for the submission of PMS allegations and supporting factual information. However, in order to administer section 773(e) of the Act, Commerce must receive PMS allegations and supporting factual information with enough time to consider the submission. Thus, should an interested party wish to submit a PMS allegation and supporting new factual information pursuant to section 773(e) of the Act, it must do so no later than 20 days after submission of a respondent’s initial response to section D of the AD questionnaire. 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. 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, we 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 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 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, where we determine, based on 19 CFR 351.302, that extraordinary circumstances exist. Parties should review Commerce’s regulations concerning the extension of time limits and the Time Limits Final Rule prior to submitting factual information in this investigation.37 Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.38 Parties must use the certification formats provided in 19 CFR 351.303(g).39 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 in accordance with 19 CFR 351.305. Parties wishing to participate in this investigation should ensure that they meet the requirements of 19 CFR 351.103(d) (e.g., by filing the required letter of appearance).40 Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.41 This notice is issued and published pursuant to sections 732(c)(2) and 777(i) of the Act, and 19 CFR 351.203(c). 37 See 19 CFR 351.302; and Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final Rule), available at https:// www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/201322853.htm. 38 See section 782(b) of the Act. 39 See Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to frequently asked questions regarding the Final Rule are available at https://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. 40 See Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). 41 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). E:\FR\FM\24MYN1.SGM 24MYN1 Federal Register / Vol. 88, No. 100 / Wednesday, May 24, 2023 / Notices Dated: May 17, 2023. Lisa W. Wang, 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 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 100-cubic inch (1.6 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 are 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 7310.29.0030 and 7310.29.0065. Although the HTSUS statistical reporting numbers are provided for convenience and customs purposes, the written description of the merchandise is dispositive. [FR Doc. 2023–11003 Filed 5–23–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–351–859, A–533–915, A–508–814, A–201– 858, A–580–916, A–791–828] Brass Rod From Brazil, India, Israel, Mexico, the Republic of Korea, and South Africa: Initiation of Less-ThanFair-Value Investigations Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable May 17, 2023. FOR FURTHER INFORMATION CONTACT: Claudia Cott (Brazil), Christopher Williams (India), Andrew Hart (Israel), Frank Schmitt (Mexico), Krisha Hill or Drew Jackson (the Republic of Korea (Korea)), and Dmitry Vladimirov (South Africa), AD/CVD Operations, Offices I, II, IV, and VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue ddrumheller on DSK120RN23PROD with NOTICES1 AGENCY: VerDate Sep<11>2014 18:38 May 23, 2023 Jkt 259001 NW, Washington, DC 20230; telephone: (202) 482–4270, (202) 482–5166, (202) 482–1058, (202) 482–4880, (202) 482– 4307 or (202) 482–4406, and (202) 482– 0665, respectively. SUPPLEMENTARY INFORMATION: The Petitions On April 27, 2023, the U.S. Department of Commerce (Commerce) received antidumping duty (AD) petitions concerning imports of brass rod from Brazil, India, Israel, Mexico, Korea, and South Africa, filed in proper form on behalf of the American Brass Rod Fair Trade Coalition and its constituent members, Mueller Brass Co. and Wieland Chase LLC, U.S., producers of brass rod (collectively, the petitioners).1 These AD petitions were accompanied by countervailing duty (CVD) petitions concerning imports of brass rod from India, Israel, and Korea.2 In May 2023, Commerce requested supplemental information pertaining to certain aspects of the Petitions.3 1 See Petitioners’ Letter, ‘‘Brass Rod from Brazil, India, Israel, Mexico, South Africa, and South Korea: Antidumping and Countervailing Duty Petitions,’’ dated April 27, 2023 (Petitions). 2 Id. 3 See Commerce’s Letters, ‘‘Petitions for the Imposition of Antidumping Duties on Imports of Brass Rod from Brazil, India, Israel, Mexico, the Republic of Korea, and South Africa and Countervailing Duties on Imports from India, Israel, and the Republic of Korea: Supplemental Questions,’’ dated May 2, 2023 (General Issues Supplemental Questionnaire); ‘‘Petitions for the Imposition of Antidumping Duties on Imports of Brass Rod from Brazil, India, Israel, the Republic of Korea, Mexico, and South Africa and Countervailing Duties on Imports from India, Israel, and the Republic of Korea: Supplemental Questions,’’ dated May 10, 2023 (Second General Issues Supplemental Questionnaire); ‘‘Petition for the Imposition of Antidumping Duties on Imports of Brass Rod from Brazil: Supplemental Questions,’’ dated May 2, 2023; ‘‘Petition for the Imposition of Antidumping Duties on Imports of Brass Rod from Brazil: 2nd Supplemental Questions,’’ dated May 9, 2023; ‘‘Petition for the Imposition of Antidumping Duties on Imports of Brass Rod from the Republic of Korea: Supplemental Questions,’’ dated May 2, 2023; ‘‘Petition for the Imposition of Antidumping Duties on Imports of Brass Rod from the Republic of Korea: Supplemental Questions,’’ dated May 9, 2023; ‘‘Petition for the Imposition of Antidumping Duties on Imports of Brass Rod from the Republic of Korea: Supplemental Questions,’’ dated May 12, 2023; ‘‘Petition for the Imposition of Antidumping Duties on Imports of Brass Rod from the Republic of Korea: Supplemental Questions,’’ dated May 15, 2023; ‘‘Petition for the Imposition of Antidumping Duties on Imports of Brass Rod from South Africa: Supplemental Questions,’’ dated May 2, 2023; ‘‘Petition for the Imposition of Antidumping Duties on Imports of Brass Rod from South Africa: Second Set of Supplemental Questions,’’ dated May 9, 2023; ‘‘Petition for the Imposition of Antidumping Duties on Imports of Brass Rod from South Africa: Third Set of Supplemental Questions,’’ dated May 15, 2023; ‘‘Petition for the Imposition of Antidumping Duties on Imports of Brass Rod from India: Supplemental Questions,’’ dated May 2, 2023; ‘‘Petition for the Imposition of Antidumping Duties on Imports of Brass Rod from India: PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 33575 Additionally, in May 2023, the petitioners filed timely responses to these requests for additional information.4 In accordance with section 732(b) of the Tariff Act of 1930, as amended (the Act), the petitioners allege that imports of brass rod from Brazil, India, Israel, Mexico, Korea, and South Africa 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 imports of such products are materially injuring, or threatening material injury to, the brass rod industry in the United States. Consistent with section 732(b)(1) of the Act, the Petitions are accompanied by information reasonably available to the petitioners supporting their allegations. Commerce finds that the petitioners filed the Petitions on behalf of the domestic industry, because the petitioners are interested parties, as defined in sections 771(9)(C) and (F) of the Act.5 Commerce also finds that the petitioners demonstrated sufficient industry support for the initiation of the requested AD investigations.6 Periods of Investigation Because the Petitions were filed on April 27, 2023, pursuant to 19 CFR 351.204(b)(1), the periods of investigation (POI) for the Brazil, India, Supplemental Questions,’’ dated May 9, 2023; ‘‘Petition for the Imposition of Antidumping Duties on Imports of Brass Rod from India: Third Set of Supplemental Questions,’’ dated May 15, 2023; Petition for the Imposition of Antidumping Duties on Imports of Brass Rod from Israel: Supplemental Questions,’’ dated May 2, 2023; ‘‘Petition for the Imposition of Antidumping Duties on Imports of Brass Rod from Israel: Second Supplemental Questionnaire,’’ dated May 9, 2023; ‘‘Petition for the Imposition of Antidumping Duties on Imports of Brass Rod from Mexico: Supplemental Questions,’’ dated May 2, 2023; ‘‘Petition for the Imposition of Antidumping Duties on Imports of Brass Rod from Mexico: Second Set of Supplemental Questions,’’ dated May 9, 2023; and ‘‘Petition for the Imposition of Antidumping Duties on Imports of Brass Rod from Mexico: Third Set of Supplemental Questions,’’ dated May 15, 2023. 4 See Petitioners’ Letters, ‘‘Brass Rod from Brazil, India, Israel, Mexico, South Africa, and South Korea: Amendment of Petitions and Response to Commerce’s Supplemental Questions,’’ dated May 8, 2023 (General Issues Supplement), at Volumes I and II; ‘‘Brass Rod from Brazil, India, Israel, Mexico, South Africa, and South Korea: Second Amendment of Petitions and Response to Commerce’s Supplemental Questions’’ dated May 11, 2023 (Scope Supplement), at Volumes I and II; ‘‘Brass Rod from Brazil, India, Israel, Mexico, South Africa, and South Korea: Third Amendment of Petitions and Response to Commerce’s Supplemental Questions,’’ dated May 15, 2023; and ‘‘Brass Rod from Brazil, India, Israel, Mexico, South Africa, and South Korea: Fourth Amendment of Petitions and Response to Commerce’s Supplemental Questions,’’ dated May 16, 2023. 5 See Petitions at Volume I (pages 3–4). 6 See the section on ‘‘Industry Support for the Petitions,’’ infra. E:\FR\FM\24MYN1.SGM 24MYN1

Agencies

[Federal Register Volume 88, Number 100 (Wednesday, May 24, 2023)]
[Notices]
[Pages 33571-33575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11003]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-912]


Certain Non-Refillable Steel Cylinders From India: Initiation of 
Less-Than-Fair-Value Investigation

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

DATES: Applicable May 17, 2023.

FOR FURTHER INFORMATION CONTACT: Benito Ballesteros or Macey Mayes, AD/
CVD Operations, Office IX, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-7425 or (202) 
482-4473, respectively.

SUPPLEMENTARY INFORMATION: 

The Petition

    On April 27, 2023, the U.S. Department of Commerce (Commerce) 
received an antidumping duty (AD) petition concerning imports of 
certain non-refillable steel cylinders (cylinders) from India filed in 
proper form on behalf of Worthington Industries (the petitioner), a 
U.S. producer of cylinders.\1\ The Petition was accompanied by a 
countervailing duty (CVD) petition concerning imports of cylinders from 
India.\2\
---------------------------------------------------------------------------

    \1\ See Petitioner's Letter, ``Certain Non-Refillable Cylinders 
from India--Petition from the Imposition of Antidumping and 
Countervailing Duties,'' dated April 27, 2023 (Petition).
    \2\ Id.
---------------------------------------------------------------------------

    On May 1 and 9, 2023, Commerce requested supplemental information 
pertaining to certain aspects of the Petition.\3\ On May 5 and 10, 
2023, the petitioner filed timely responses to these requests for 
additional information.\4\
---------------------------------------------------------------------------

    \3\ See Commerce's Letters, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties on Imports of Certain Non-
Refillable Steel Cylinders from India: Supplemental Questions,'' 
dated May 1, 2023; ``Petition for the Imposition of Antidumping 
Duties on Imports of Certain Non-Refillable Steel Cylinders from 
India: Supplemental Questions,'' dated May 1, 2023; and ``Petition 
for the Imposition of Antidumping Duties on Imports of Certain Non-
Refillable Steel Cylinders from India: Supplemental Questions,'' 
dated May 9, 2023.
    \4\ See Petitioner's Letters, ``Petitioner's Amendment to Volume 
I Relating to General and Injury Information,'' dated May 3, 2023 
(General Issues Supplement); and ``Petitioner's Amendment to Volume 
II Relating to Antidumping Duties,'' dated May 5, 2023; and 
``Petitioner's 2nd Amendment to Volume II of the Petition Relating 
to Antidumping Duties,'' dated May 10, 2023.
---------------------------------------------------------------------------

    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that imports of cylinders 
from India 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 imports of such cylinders are materially injuring, or 
threatening material injury to, the cylinder industry 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 Petition was filed 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 for the initiation 
of the requested AD investigation.\5\
---------------------------------------------------------------------------

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

Period of Investigation

    Because the Petition was filed on April 27, 2023, pursuant to 19 
CFR 351.204(b)(1), the period of investigation (POI) for the AD 
investigation is April 1, 2022, through March 31, 2023.

Scope of the Investigation

    The products covered by the investigation are cylinders from India. 
For a full description of the scope of the investigation, see the 
appendix to this notice.

Comments on the Scope of the Investigation

    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period of time for interested parties to raise issues 
regarding product coverage (i.e., scope).\6\ 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, all such factual information should be limited to public 
information.\7\ To facilitate preparation of its questionnaires, 
Commerce requests that all interested parties submit such comments by 
5:00 p.m. Eastern Time (ET) on June 6, 2023, 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 June 
16, 2023, which is 10 calendar days from the initial comment deadline.
---------------------------------------------------------------------------

    \6\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997) (Preamble).
    \7\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
---------------------------------------------------------------------------

    Commerce requests that any factual information that parties 
consider relevant to the scope of the investigation be submitted during 
this 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 submissions must be filed 
on the records of the concurrent AD and CVD investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically via 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS), unless an exception 
applies.\8\ An electronically filed document must be received 
successfully in its entirety by the time and date it is due.\9\
---------------------------------------------------------------------------

    \8\ 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 help 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.
    \9\ See 19 CFR 351.303(b)(1).
---------------------------------------------------------------------------

Comments on Product Characteristics

    Commerce is providing interested parties an opportunity to comment 
on

[[Page 33572]]

the appropriate physical characteristics of 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 cost of production (COP) accurately, as 
well as to develop appropriate product-comparison criteria where 
appropriate.
    Subsequent to the publication of this notice, Commerce intends to 
release a proposed list of physical characteristics and product-
comparison criteria, and interested parties may provide any information 
or comments that they feel are relevant to the development of an 
accurate list of physical characteristics. Specifically, they may 
provide comments as to which characteristics are appropriate to use as: 
(1) general product characteristics; and (2) product comparison 
criteria. We note that it is not always appropriate to use all product 
characteristics as product comparison criteria. We base product 
comparison criteria on meaningful commercial differences among 
products. In other words, although there may be some physical product 
characteristics utilized by manufacturers to describe cylinders, it may 
be that only a select few product characteristics take into account 
commercially meaningful physical characteristics. In addition, 
interested parties may comment on the order in which the physical 
characteristics should be used in matching products. Generally, 
Commerce attempts to list the most important physical characteristics 
first and the least important characteristics last.
    In order to consider the suggestions of interested parties in 
developing and issuing the AD questionnaire, Commerce intends to 
establish a deadline for relevant comments and submissions at the time 
it releases the proposed list of physical characteristics and product-
comparison criteria. All comments and submissions to Commerce must be 
filed electronically using ACCESS, as explained above, on the record of 
the 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) 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 U.S. 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,\10\ 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.\11\
---------------------------------------------------------------------------

    \10\ See section 771(10) of the Act.
    \11\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp. 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.\12\ Based on our analysis of the information 
submitted on the record, we have determined that 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.\13\
---------------------------------------------------------------------------

    \12\ See Petition at Volume I (pages 13-17); see also General 
Issues Supplement at 2 and Exhibits GEN-SUPP-1 and GEN-SUPP-2.
    \13\ 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 India,'' dated concurrently with 
this notice (AD Initiation Checklist), at Attachment II (Analysis of 
Industry Support for the Antidumping and Countervailing Duty 
Petitions Covering Certain Non-Refillable Steel Cylinders from 
India).
---------------------------------------------------------------------------

    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 2022.\14\ The petitioner 
stated that there are no other known producers of cylinders in the 
United States; therefore, the Petition is supported by 100 percent of 
the U.S. industry.\15\ We relied on data provided by the petitioner for 
purposes of measuring industry support.\16\
---------------------------------------------------------------------------

    \14\ See Petition at Volume I (pages 3 and Exhibit GEN-2).
    \15\ Id. at 2-3 and Exhibit GEN-1; see also General Issues 
Supplement at 2 and Exhibit GEN-1.
    \16\ See Petition at Volume I (pages 2-3 and Exhibits GEN-1 and 
GEN-2); see also General Issues Supplement at 2 and Exhibit GEN-
SUPP-1. For further discussion, see the AD Initiation Checklist at 
Attachment II.
---------------------------------------------------------------------------

    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. 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).\17\ 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.\18\ 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

[[Page 33573]]

production of the domestic like product produced by that portion of the 
industry expressing support for, or opposition to, the Petition.\19\ 
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.\20\
---------------------------------------------------------------------------

    \17\ See AD Initiation Checklist at Attachment II; see also 
section 732(c)(4)(D) of the Act.
    \18\ See AD Initiation Checklist at Attachment II.
    \19\ Id.
    \20\ 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.\21\
---------------------------------------------------------------------------

    \21\ See Petition at Volume I (pages 12, 17-19, and Exhibits 
GEN-1 and GEN-11).
---------------------------------------------------------------------------

    The petitioner contends that the industry's injured condition is 
illustrated by the significant and increasing volume of subject 
imports; declining market share; underselling and price depression and/
or suppression; lost sales and revenues; and adverse impact on the 
domestic industry's capacity utilization, commercial shipments, 
employment variables, and financial performance.\22\ We 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.\23\
---------------------------------------------------------------------------

    \22\ Id. at 19-31 and Exhibits GEN-1 and GEN-8 through GEN-15; 
see also General Issues Supplement at 3 and Exhibits GEN-SUPP-3 and 
GEN-SUPP-4.
    \23\ 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 Certain Non-
Refillable Steel Cylinders from India).
---------------------------------------------------------------------------

Allegations of Sales at LTFV

    The following is a description of the allegations of sales at LTFV 
upon which Commerce based its decision to initiate an AD investigation 
of imports of cylinders from India. 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.

U.S. Price

    The petitioner based export price (EP) on pricing information for 
sales of, or sales offers for, cylinders produced in and exported from 
India. The petitioner made certain adjustments to U.S. price to 
calculate a net ex-factory U.S. price, where appropriate.\24\
---------------------------------------------------------------------------

    \24\ See AD Initiation Checklist.
---------------------------------------------------------------------------

Normal Value 25
---------------------------------------------------------------------------

    \25\ In accordance with section 773(b)(2) of the Act, for this 
investigation, Commerce will request information necessary to 
calculate the constructed value (CV) and COP to determine whether 
there are reasonable grounds to believe or suspect that sales of the 
foreign like product have been made at prices that represent less 
than the COP of the product.
---------------------------------------------------------------------------

    The petitioner based NV on home market pricing information obtained 
through market research for cylinders produced in and sold, or offered 
for sale, in India during the period of investigation.\26\ The 
petitioner provided information indicating that the prices for 
cylinders sold or offered for sale in India were below the COP; 
therefore, the petitioner also calculated NV based on CV.\27\ For 
further discussion of CV, see the section ``Normal Value Based on 
Constructed Value,'' below.
---------------------------------------------------------------------------

    \26\ See AD Initiation Checklist.
    \27\ Id.
---------------------------------------------------------------------------

Normal Value Based on Constructed Value

    As noted above, the petitioner provided information indicating that 
the prices for cylinders sold or offered for sale in India were below 
COP. Therefore, the petitioner also based NV on CV. Pursuant to section 
773(e) of the Act, the petitioner calculated CV as the sum of the cost 
of manufacturing, selling, general, and administrative (SG&A) expenses, 
financial expenses, and profit.\28\
---------------------------------------------------------------------------

    \28\ Id.
---------------------------------------------------------------------------

    In calculating the cost of manufacturing, the petitioner relied on 
the production experience and input consumption rates of a U.S. 
producer of cylinders, valued using publicly available information 
applicable to India.\29\ In calculating SG&A expenses, financial 
expenses, and profit ratios, the petitioner relied on the financial 
statements of producers of identical merchandise in India.\30\
---------------------------------------------------------------------------

    \29\ Id.
    \30\ Id.
---------------------------------------------------------------------------

Fair Value Comparisons

    Based on the data provided by the petitioner, there is reason to 
believe that imports of cylinders from India are being, or are likely 
to be, sold in the United States at LTFV. Based on comparisons of EP to 
NV and CV, in accordance with sections 772 and 773 of the Act, the 
estimated dumping margins for cylinders from India are 6.24 percent and 
61.00 percent ad valorem.\31\
---------------------------------------------------------------------------

    \31\ See AD Initiation Checklist for details of the 
calculations.
---------------------------------------------------------------------------

Initiation of LTFV Investigation

    Based upon the examination of the Petition 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 cylinders from India 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

    In the Petition, the petitioner identified five companies in India 
as producers/exporters of cylinders.\32\ In the event Commerce 
determines that the number of companies in India is large, and it 
cannot individually examine each company based upon Commerce's 
resources, where appropriate, Commerce intends to select mandatory 
respondents based on quantity and value (Q&V) questionnaires issued to 
potential respondents. Following standard practice in AD investigations 
involving market economy countries, Commerce would normally select 
respondents based on U.S. Customs and Border Protection (CBP) entry 
data for imports under the appropriate Harmonized Tariff Schedule of 
the United States (HTSUS) subheadings listed in the scope of the 
investigation. However, for this investigation, the main HTSUS 
subheadings under which the subject merchandise would enter 
(7311.00.0060 and 7311.00.0090) are basket categories under which non-
subject merchandise may enter. Therefore, we cannot rely on CBP entry 
data in selecting respondents. We, instead, intend to issue Q&V 
questionnaires to each potential respondent for which the petitioner 
has provided a complete address.
---------------------------------------------------------------------------

    \32\ See Petition at Volume I (Exhibit GEN-8).
---------------------------------------------------------------------------

    Exporters/producers of cylinders from India that do not receive Q&V 
questionnaires by mail may still submit a response to the Q&V 
questionnaire and can obtain a copy of the Q&V questionnaire from 
Enforcement and Compliance's website, at https://enforcement.trade.gov/questionnaires/questionnaires-ad.html. Responses to the Q&V 
questionnaire must be submitted by the relevant exporters/producers no 
later than 5:00 p.m. ET on May 31, 2023, which is two weeks from the 
signature date of this notice. All Q&V responses must be filed 
electronically via ACCESS. An

[[Page 33574]]

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.

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 India 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 Petitions, 
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 Determination by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition is filed, whether there is a reasonable 
indication that imports of cylinders from India are materially 
injuring, or threatening material injury to, a U.S. industry.\33\ A 
negative ITC determination will result in the investigation being 
terminated.\34\ Otherwise, the investigation will proceed according to 
statutory and regulatory time limits.
---------------------------------------------------------------------------

    \33\ See section 733(a) of the Act.
    \34\ 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). Section 351.301(b) of Commerce's 
regulations requires any party, when submitting factual information, to 
specify under which subsection of 19 CFR 351.102(b)(21) the information 
is being submitted \35\ 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.\36\ 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. Interested parties 
should review the regulations prior to submitting factual information 
in this investigation.
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    \35\ See 19 CFR 351.301(b).
    \36\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation

    Section 773(e) of the Act addresses the concept of particular 
market situation (PMS) for purposes of CV, stating that ``if a 
particular market situation exists such that the cost of materials and 
fabrication or other processing of any kind does not accurately reflect 
the COP in the ordinary course of trade, the administering authority 
may use another calculation methodology under this subtitle or any 
other calculation methodology.'' When an interested party submits a PMS 
allegation pursuant to section 773(e) of the Act, Commerce will respond 
to such a submission consistent with 19 CFR 351.301(c)(2)(v). If 
Commerce finds that a PMS exists under section 773(e) of the Act, then 
it will modify its dumping calculations appropriately.
    Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), set 
a deadline for the submission of PMS allegations and supporting factual 
information. However, in order to administer section 773(e) of the Act, 
Commerce must receive PMS allegations and supporting factual 
information with enough time to consider the submission. Thus, should 
an interested party wish to submit a PMS allegation and supporting new 
factual information pursuant to section 773(e) of the Act, it must do 
so no later than 20 days after submission of a respondent's initial 
response to section D of the AD questionnaire.

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. 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, we 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, where we determine, based on 19 CFR 351.302, that extraordinary 
circumstances exist. Parties should review Commerce's regulations 
concerning the extension of time limits and the Time Limits Final Rule 
prior to submitting factual information in this investigation.\37\
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    \37\ See 19 CFR 351.302; and Extension of Time Limits; Final 
Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final Rule), 
available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
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Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\38\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\39\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \38\ See section 782(b) of the Act.
    \39\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to 
frequently asked questions regarding the Final Rule are available at 
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
administrative protective order in accordance with 19 CFR 351.305. 
Parties wishing to participate in this investigation should ensure that 
they meet the requirements of 19 CFR 351.103(d) (e.g., by filing the 
required letter of appearance).\40\ Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information, until further notice.\41\
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    \40\ See Antidumping and Countervailing Duty Proceedings: 
Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 
22, 2008).
    \41\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    This notice is issued and published pursuant to sections 732(c)(2) 
and 777(i) of the Act, and 19 CFR 351.203(c).


[[Page 33575]]


    Dated: May 17, 2023.
Lisa W. Wang,
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 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 100-cubic inch (1.6 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 are 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 7310.29.0030 and 7310.29.0065. Although the HTSUS 
statistical reporting numbers are provided for convenience and 
customs purposes, the written description of the merchandise is 
dispositive.

[FR Doc. 2023-11003 Filed 5-23-23; 8:45 am]
BILLING CODE 3510-DS-P
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