Certain Non-Refillable Steel Cylinders From India: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 67231-67233 [2023-21552]
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Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Notices
Dated: September 26, 2023.
Elizabeth Whiteman,
Executive Secretary.
[FR Doc. 2023–21459 Filed 9–28–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–51–2023]
lotter on DSK11XQN23PROD with NOTICES1
Foreign-Trade Zone (FTZ) 29,
Notification of Proposed Production
Activity; Toyota Motor Manufacturing
Kentucky, Inc.; (Dual Fuel Cell
Modules); Georgetown, Kentucky
The Louisville & Jefferson County
Riverport Authority, grantee of FTZ 29,
submitted a notification of proposed
production activity to the FTZ Board
(the Board) on behalf of Toyota Motor
Manufacturing Kentucky, Inc., located
in Georgetown, Kentucky within
Subzone 29E. The notification
conforming to the requirements of the
Board’s regulations (15 CFR 400.22) was
received on September 21, 2023.
Pursuant to 15 CFR 400.14(b), FTZ
production activity would be limited to
the specific foreign-status material(s)/
component(s) and specific finished
product(s) described in the submitted
notification (summarized below) and
subsequently authorized by the Board.
The benefits that may stem from
conducting production activity under
FTZ procedures are explained in the
background section of the Board’s
website—accessible via www.trade.gov/
ftz. The proposed finished product(s)
and material(s)/component(s) would be
added to the production authority that
the Board previously approved for the
operation, as reflected on the Board’s
website.
The proposed finished product is dual
fuel cell modules (duty rate is 2.5%).
The proposed foreign-status materials
and components include: plastic
components (oil fill hose; wiring
harness clamps; piping clamps; clamps;
fuel tube clamps); rubber components
(fuel cell radiator hoses; reserve tank
inlet hoses; fuel cell radiator hose subassemblies; fuel cell inverter cooling
hose sub-assemblies); stainless steel
tubes; steel components (flange bolts
with washers; mounts for air cleaners;
flange bolts; bolts with washers; nuts;
hose clips); various assemblies (fuel cell
cooling water ion exchanger; air cleaner
with filter element; fuel cell generator;
fuel cell exhaust tail pipe); and,
hydrogen detectors (duty rate ranges
from duty-free to 8.5%). The request
indicates that certain materials/
components are subject to duties under
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21:46 Sep 28, 2023
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section 301 of the Trade Act of 1974
(section 301), depending on the country
of origin. The applicable section 301
decisions require subject merchandise
to be admitted to FTZs in privileged
foreign status (19 CFR 146.41).
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary and sent to: ftz@trade.gov. The
closing period for their receipt is
November 8, 2023.
A copy of the notification will be
available for public inspection in the
‘‘Online FTZ Information System’’
section of the Board’s website.
For further information, contact
Juanita Chen at juanita.chen@trade.gov.
Dated: September 25, 2023.
Elizabeth Whiteman,
Executive Secretary.
[FR Doc. 2023–21375 Filed 9–28–23; 8:45 am]
BILLING CODE 3510–DS–P
67231
2023.1 On June 30, 2023, Commerce
postponed the preliminary
determination of this investigation until
September 25, 2023.2
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.3 A list of topics
discussed 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 https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Investigation
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–913]
Certain Non-Refillable Steel Cylinders
From India: Preliminary Affirmative
Countervailing Duty Determination and
Alignment of Final Determination With
Final Antidumping Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of certain nonrefillable steel cylinders (steel cylinders)
from India for the period of
investigation (POI) April 1, 2022,
through March 31, 2023. Interested
parties are invited to comment on this
preliminary determination.
DATES: Applicable September 29, 2023.
FOR FURTHER INFORMATION CONTACT:
Shane Subler, AD/CVD Operations,
Office VIII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–6241.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this countervailing
duty (CVD) investigation on May 24,
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
The products covered by this
investigation are steel cylinders. For a
complete description of the scope of this
investigation, see Appendix I.
Methodology
Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable,
Commerce determines that there is a
subsidy, i.e., a financial contribution by
an ‘‘authority’’ that gives rise to a
benefit to the recipient, and that the
subsidy is specific.4 Commerce notes
that, in making these findings, it relied,
in part, on facts available and, because
it finds that the Government of India did
not act to the best of its ability to
respond to Commerce’s requests for
information, Commerce has drawn an
adverse inference where appropriate in
selecting from among the facts
otherwise available.5 For a full
description of the methodology
underlying our preliminary
1 See Certain Non-Refillable Steel Cylinders from
India: Initiation of Countervailing Duty
Investigation, 88 FR 33580 (May 24, 2023)
(Initiation Notice).
2 See Certain Non-Refillable Steel Cylinders from
India: Postponement of Preliminary Determination
in the Countervailing Duty Investigation, 88 FR
43295 (July 7, 2023).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination in the
Countervailing Duty Investigation of Certain NonRefillable Steel Cylinders from India,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
4 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
5 See sections 776(a) and (b) of the Act.
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67232
Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Notices
determination, see the Preliminary
Decision Memorandum.
Alignment
As noted in the Preliminary Decision
Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), Commerce is aligning the
final CVD determination with the final
determination in the companion
antidumping duty (AD) investigation of
steel cylinders from India based on a
request made by the petitioner.6
Consequently, the final CVD
determination will be issued on the
same date as the final AD
determination, which is currently
scheduled to be issued no later than
February 7, 2024, unless postponed.
lotter on DSK11XQN23PROD with NOTICES1
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of
the Act provide that in the preliminary
determination, Commerce shall
determine an estimated all-others rate
for companies not individually
examined. Pursuant to section
705(c)(5)(A)(i) of the Act, this rate shall
normally be an amount equal to the
weighted average of the estimated
subsidy rates established for those
companies individually examined,
excluding any zero and de minimis rates
and any rates based entirely under
section 776 of the Act. Because we have
calculated an above-de minimis rate for
both mandatory respondents that is not
based entirely on section 776 of the Act,
we have preliminarily assigned an allothers rate based on the weighted
average of the estimated subsidy rates
calculated for the mandatory
respondents.
liquidation of entries 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 the
publication of this notice in the Federal
Register. Further, pursuant to 19 CFR
351.205(d), Commerce will instruct CBP
to require a cash deposit equal to the
rates indicated above.
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this preliminary
determination within five days of its
public announcement, in accordance
with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify the
information relied upon in making its
final determination.
Public Comment
A timeline for the submission of case
briefs and written comments will be
notified 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 for case briefs.8 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
Preliminary Determination
written request to the Assistant
Secretary for Enforcement and
Commerce preliminarily determines
Compliance, U.S. Department of
that the following estimated
Commerce within 30 days after the date
countervailable subsidy rates exist:
of publication of this notice. Requests
Subsidy rate
should contain the party’s name,
Company
(percent ad
address, and telephone number, the
valorem)
number of participants, whether any
participant is a foreign national, and a
Bhiwadi Cylinders Private
Limited 7 ............................
1.91 list of the issues to be discussed. If a
Inox India Ltd. (Inox) ............
1.74 request for a hearing is made, Commerce
All Others ..............................
1.83 intends to hold the hearing at a time and
date to be determined. Parties should
Suspension of Liquidation
confirm the date, time, and location of
the hearing two days before the
In accordance with sections
scheduled date.
703(d)(1)(B) and (d)(2) of the Act,
All submissions should be filed using
Commerce will direct U.S. Customs and
ACCESS and must be served on
Border Protection (CBP) to suspend
interested parties.9 An electronically
filed
document must be received
6 See Worthington Industry’s Letter, ‘‘Petitioner’s
Request to Align Final Determination,’’ dated
September 22, 2023.
7 As discussed in the Preliminary Decision
Memorandum, Commerce preliminarily determines
that Sapphire (India) Private Limited is crossowned with Bhiwadi Cylinders Private Limited.
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21:46 Sep 28, 2023
Jkt 259001
8 See 19 CFR 351.309; 19 CFR 351.303 (for general
filing requirements); and Temporary Rule
Modifying AD/CVD Service Requirements Due to
COVID–19, 85 FR 17006, 17007 (March 26, 2020).
9 See 19 CFR 351.303.
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
successfully in its entirety by ACCESS
by 5 p.m. Eastern Standard Time by the
due date specified above.10 Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.11
U.S. International Trade Commission
Notification
In accordance with section 703(f) of
the Act, Commerce will notify the U.S.
International Trade Commission (ITC) of
its determination. 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 steel
cylinders from India are materially
injuring, or threaten material injury to,
the U.S. industry.12
Notification to Interested Parties
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act, and 19 CFR
351.205(c).
Dated: September 25, 2023.
Lisa W. Wang,
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 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
10 See
19 CFR 351.303(b)(1).
Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
12 See section 705(b)(2) of the Act.
11 See
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Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Notices
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. Scope of the Investigation
IV. Scope Comments
V. Injury Test
VI. Subsidies Valuation Information
VII. Diversification of India’s Economy
VIII. Use of Facts Otherwise Available and
Adverse Inferences
IX. Analysis of Programs
X. Recommendation
[FR Doc. 2023–21552 Filed 9–28–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Advisory Committee on Supply Chain
Competitiveness: Notice of Public
Meeting
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of open meeting.
AGENCY:
This notice sets forth the
schedule and proposed topics of
discussion for the upcoming public
meeting of the Advisory Committee on
Supply Chain Competitiveness
(Committee).
DATES: The meeting will be held on
October 25, 2023, from 10 a.m. to 3:30
p.m., eastern standard time (EST).
ADDRESSES: The meeting will be held at
the U.S. Department of Commerce, 1401
Constitution Avenue NW, Research
Library (Room 1894), Washington, DC
20230. The meeting will also be held via
Zoom.
FOR FURTHER INFORMATION CONTACT:
Richard Boll, Designated Federal
Officer, Office of Supply Chain,
Professional & Business Services,
International Trade Administration at
Email: richard.boll@trade.gov, phone
571–331–0098.
SUPPLEMENTARY INFORMATION:
Background: The Committee was
established under the discretionary
authority of the Secretary of Commerce
and in accordance with the Federal
Advisory Committee Act (5 U.S.C. app.).
It provides advice to the Secretary of
Commerce on the necessary elements of
a comprehensive policy approach to
supply chain competitiveness and on
regulatory policies and programs and
investment priorities that affect the
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SUMMARY:
VerDate Sep<11>2014
21:46 Sep 28, 2023
Jkt 259001
competitiveness of U.S. supply chains.
For more information about the
Committee visit: https://www.trade.gov/
acscc.
Matters To Be Considered: Committee
members are expected to continue
discussing the major competitivenessrelated topics raised at the previous
Committee meetings, including supply
chain resilience and congestion; trade
and competitiveness; freight movement
and policy; trade innovation; regulatory
issues; finance and infrastructure; and
workforce development. The
Committee’s subcommittees will report
on the status of their work regarding
these topics. The agenda may change to
accommodate other Committee
business. The Office of Supply Chain,
Professional, and Business Services will
post the final detailed agenda on its
website, https://www.trade.gov/acscc.
The video with closed captioning of the
meeting will also be posted on the
Committee website.
The meeting is open to the public and
press on a first-come, first-served basis.
Space is limited. Please contact Richard
Boll, Designated Federal Officer, at
richard.boll@trade.gov, for participation
information.
Dated: September 25, 2023.
Heather Sykes,
Director, Office of Supply Chain, Professional,
and Business Services.
[FR Doc. 2023–21411 Filed 9–28–23; 8:45 am]
BILLING CODE 3510–DR–P
67233
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–1398 or (202) 482–2316,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). On May 24, 2023, Commerce
published in the Federal Register the
notice of initiation of this investigation.1
On June 30, 2023, Commerce postponed
the preliminary determination of this
investigation until September 25, 2023.2
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.3 A list of topics
discussed 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 https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Investigation
DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–917]
Brass Rod From the Republic of
Korea: Preliminary Affirmative
Countervailing Duty Determination and
Alignment of Final Determination With
Final Antidumping Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of brass rod
from the Republic of Korea (Korea). The
period of investigation is January 1,
2022, through December 31, 2022.
Interested parties are invited to
comment on this preliminary
determination.
DATES: Applicable September 29, 2023.
FOR FURTHER INFORMATION CONTACT: Toni
Page or Lingjun Wang, AD/CVD
Operations, Office OVII, Enforcement
AGENCY:
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
The product covered by this
investigation is brass rod from Korea.
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 (i.e., scope).5 We received
comments from several interested
parties concerning the scope of the
antidumping duty (AD) and
1 See Brass Rod from India, Israel, and the
Republic of Korea: Initiation of Countervailing Duty
Investigations, 88 FR 33566 (May 24, 2023)
(Initiation Notice).
2 See Brass Rod from India, Israel, and the
Republic of Korea: Postponement of Preliminary
Determinations in the Countervailing Duty
Investigations, 88 FR 42300 (June 30, 2023).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination of the
Countervailing Duty Investigation of Brass Rod from
the Republic of Korea,’’ 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.
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]]>Agencies
[Federal Register Volume 88, Number 188 (Friday, September 29, 2023)]
[Notices]
[Pages 67231-67233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21552]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-913]
Certain Non-Refillable Steel Cylinders From India: Preliminary
Affirmative Countervailing Duty Determination and Alignment of Final
Determination With Final Antidumping Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of certain non-refillable steel cylinders
(steel cylinders) from India for the period of investigation (POI)
April 1, 2022, through March 31, 2023. Interested parties are invited
to comment on this preliminary determination.
DATES: Applicable September 29, 2023.
FOR FURTHER INFORMATION CONTACT: Shane Subler, AD/CVD Operations,
Office VIII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6241.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this countervailing duty (CVD)
investigation on May 24, 2023.\1\ On June 30, 2023, Commerce postponed
the preliminary determination of this investigation until September 25,
2023.\2\
---------------------------------------------------------------------------
\1\ See Certain Non-Refillable Steel Cylinders from India:
Initiation of Countervailing Duty Investigation, 88 FR 33580 (May
24, 2023) (Initiation Notice).
\2\ See Certain Non-Refillable Steel Cylinders from India:
Postponement of Preliminary Determination in the Countervailing Duty
Investigation, 88 FR 43295 (July 7, 2023).
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\3\ A list of topics discussed 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 https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination in the Countervailing Duty Investigation
of Certain Non-Refillable Steel Cylinders from India,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are steel cylinders. For
a complete description of the scope of this investigation, see Appendix
I.
Methodology
Commerce is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found
countervailable, Commerce determines that there is a subsidy, i.e., a
financial contribution by an ``authority'' that gives rise to a benefit
to the recipient, and that the subsidy is specific.\4\ Commerce notes
that, in making these findings, it relied, in part, on facts available
and, because it finds that the Government of India did not act to the
best of its ability to respond to Commerce's requests for information,
Commerce has drawn an adverse inference where appropriate in selecting
from among the facts otherwise available.\5\ For a full description of
the methodology underlying our preliminary
[[Page 67232]]
determination, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\4\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
\5\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
Alignment
As noted in the Preliminary Decision Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is
aligning the final CVD determination with the final determination in
the companion antidumping duty (AD) investigation of steel cylinders
from India based on a request made by the petitioner.\6\ Consequently,
the final CVD determination will be issued on the same date as the
final AD determination, which is currently scheduled to be issued no
later than February 7, 2024, unless postponed.
---------------------------------------------------------------------------
\6\ See Worthington Industry's Letter, ``Petitioner's Request to
Align Final Determination,'' dated September 22, 2023.
---------------------------------------------------------------------------
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that in the
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. Pursuant to
section 705(c)(5)(A)(i) of the Act, this rate shall normally be an
amount equal to the weighted average of the estimated subsidy rates
established for those companies individually examined, excluding any
zero and de minimis rates and any rates based entirely under section
776 of the Act. Because we have calculated an above-de minimis rate for
both mandatory respondents that is not based entirely on section 776 of
the Act, we have preliminarily assigned an all-others rate based on the
weighted average of the estimated subsidy rates calculated for the
mandatory respondents.
Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Bhiwadi Cylinders Private Limited \7\................... 1.91
Inox India Ltd. (Inox).................................. 1.74
All Others.............................................. 1.83
------------------------------------------------------------------------
Suspension of Liquidation
---------------------------------------------------------------------------
\7\ As discussed in the Preliminary Decision Memorandum,
Commerce preliminarily determines that Sapphire (India) Private
Limited is cross-owned with Bhiwadi Cylinders Private Limited.
---------------------------------------------------------------------------
In accordance with sections 703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
suspend liquidation of entries 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 the publication of
this notice in the Federal Register. Further, pursuant to 19 CFR
351.205(d), Commerce will instruct CBP to require a cash deposit equal
to the rates indicated above.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of its public announcement, in accordance with 19 CFR
351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
A timeline for the submission of case briefs and written comments
will be notified 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 for case briefs.\8\ 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.
---------------------------------------------------------------------------
\8\ See 19 CFR 351.309; 19 CFR 351.303 (for general filing
requirements); and Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID-19, 85 FR 17006, 17007 (March 26, 2020).
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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 the date, time, and location of the
hearing two days before the scheduled date.
All submissions should be filed using ACCESS and must be served on
interested parties.\9\ An electronically filed document must be
received successfully in its entirety by ACCESS by 5 p.m. Eastern
Standard Time by the due date specified above.\10\ Note that Commerce
has temporarily modified certain of its requirements for serving
documents containing business proprietary information, until further
notice.\11\
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\9\ See 19 CFR 351.303.
\10\ See 19 CFR 351.303(b)(1).
\11\ 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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U.S. International Trade Commission Notification
In accordance with section 703(f) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its determination. 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 steel
cylinders from India are materially injuring, or threaten material
injury to, the U.S. industry.\12\
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\12\ See section 705(b)(2) of the Act.
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Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act, and 19 CFR 351.205(c).
Dated: September 25, 2023.
Lisa W. Wang,
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 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
[[Page 67233]]
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. Scope of the Investigation
IV. Scope Comments
V. Injury Test
VI. Subsidies Valuation Information
VII. Diversification of India's Economy
VIII. Use of Facts Otherwise Available and Adverse Inferences
IX. Analysis of Programs
X. Recommendation
[FR Doc. 2023-21552 Filed 9-28-23; 8:45 am]
BILLING CODE 3510-DS-P
