Non-Refillable Steel Cylinders From the People's Republic of China: Final Affirmative Determination of Circumvention of the Antidumping and Countervailing Duty Orders, 17814-17815 [2024-05227]

Download as PDF 17814 Federal Register / Vol. 89, No. 49 / Tuesday, March 12, 2024 / Notices Notification to Interested Parties This notice is issued and published in accordance with sections 516A(c) and (e) and 777(i)(1) of the Act. Dated: March 6, 2024. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2024–05170 Filed 3–11–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–126; C–570–127] Non-Refillable Steel Cylinders From the People’s Republic of China: Final Affirmative Determination of Circumvention of the Antidumping and Countervailing Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that non-refillable steel cylinders with water capacities between 100 and 299 cubic inches produced in the People’s Republic of China (China) and exported to the United States, are circumventing the antidumping duty (AD) and countervailing duty (CVD) orders on certain non-refillable steel cylinders (non-refillable cylinders) from China. DATES: Applicable March 12, 2024. FOR FURTHER INFORMATION CONTACT: Alex Cipolla, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4956. SUPPLEMENTARY INFORMATION: AGENCY: khammond on DSKJM1Z7X2PROD with NOTICES Background On May 11, 2021, Commerce published in the Federal Register the AD and CVD orders on non-refillable cylinders from China.1 On June 1, 2023, Commerce published the initiation of this circumvention inquiry.2 On November 21, 2023, Commerce published the affirmative Preliminary 1 See Certain Non-Refillable Steel Cylinders from the People’s Republic of China: Amended Final Antidumping Duty Determination and Antidumping Duty and Countervailing Duty Orders, 86 FR 25839 (May 11, 2021) (Orders). 2 See Non-Refillable Steel Cylinders from the People’s Republic of China: Initiation of Circumvention Inquiry of the Antidumping and Countervailing Duty Orders; Water Capacities Between 100 and 299 Cubic Inches, 88 FR 35839 (June 1, 2023) (Initiation Notice). VerDate Sep<11>2014 19:36 Mar 11, 2024 Jkt 262001 Determination of the circumvention inquiry of the AD and CVD Orders on non-refillable cylinders from China with respect to non-refillable cylinders with water capacities between 100 and 299 cubic inches produced in China and exported to the United States.3 Although we invited parties to comment on the Preliminary Determination of this inquiry, we received no comments. Commerce conducted this circumvention inquiry pursuant to section 781(c) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.226(j). Scope of the Orders The merchandise covered by these Orders is certain seamed (welded or brazed), non-refillable steel cylinders meeting the requirements of, or produced to meet the requirements of, U.S. Department of Transportation (USDOT) Specification 39, TransportCanada Specification 39M, or United Nations pressure receptacle standard ISO 11118 and otherwise meeting the description provided below (non-refillable steel cylinders). The subject non-refillable steel cylinders are portable and range from 300-cubic inch (4.9 liter) water capacity to 1,526-cubic inch (25 liter) water capacity. Subject non-refillable steel cylinders may be imported with or without a valve and/ or pressure release device and unfilled at the time of importation. Nonrefillable steel cylinders filled with pressurized air otherwise meeting the physical description above are covered by these Orders. Specifically excluded are seamless non-refillable steel cylinders. The merchandise subject to these Orders is properly classified under statistical reporting numbers 7311.00.0060 and 7311.00.0090 of the Harmonized Tariff Schedule of the United States (HTSUS). The merchandise may also enter under HTSUS statistical reporting numbers 7310.29.0025 and 7310.29.0050. Although the HTSUS statistical reporting numbers are provided for convenience and customs purposes, the written description of the merchandise is dispositive. Merchandise Subject to the Circumvention Inquiry This circumvention inquiry covers non-refillable cylinders with water 3 See Non-Refillable Steel Cylinders from the People’s Republic of China: Affirmative Preliminary Determination of Circumvention of the Antidumping and Countervailing Duty Orders, 88 FR 81051 (November 21, 2023) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 capacities between 100 and 299 cubic inches produced in China and exported to the United States. Statutory and Regulatory Framework We conducted this circumvention inquiry pursuant to section 781(c) of the Act and 19 CFR 351.226(j). For a complete description of the methodology underlying the Preliminary Determination, see the Preliminary Decision Memorandum. 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. Affirmative Final Determination of Circumvention As detailed in the Preliminary Determination, we determine that nonrefillable cylinders with water capacities between 100 and 299 cubic inches produced in China and exported to the United States constitute merchandise altered in form or appearance in such minor respects that they should be included within the scope of the Orders, pursuant to section 781(c) of the Act and 19 CFR 351.226(j). Commerce continues to apply this affirmative circumvention finding on a country-wide basis. Because we received no comments regarding our Preliminary Determination, our final determination remains unchanged from our Preliminary Determination, and no memorandum accompanies this notice. Therefore, we determine that it is appropriate to include this merchandise within the scope of the Orders and to instruct U.S. Customs and Border Protection (CBP) to continue to suspend any entries of non-refillable cylinders with water capacities between 100 and 299 cubic inches produced in China and exported to the United States. Suspension of Liquidation and Cash Deposit Requirements In accordance with 19 CFR 351.226(l)(3), based on this final determination in this circumvention inquiry, Commerce will direct CBP to begin or continue to suspend liquidation and to require cash deposits of estimated duties equal to the AD and CVD rates in effect for non-refillable cylinders from China with water capacities between 100 and 299 cubic inches produced in China and exported E:\FR\FM\12MRN1.SGM 12MRN1 Federal Register / Vol. 89, No. 49 / Tuesday, March 12, 2024 / Notices to the United States that are entered, or withdrawn from warehouse, for consumption on or after June 1, 2023 (i.e., the date of the initiation of this inquiry).4 The suspension of liquidation and cash deposit requirements will remain in effect until further notice. Administrative Protective Order This notice will serve as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties Commerce is issuing and publishing this affirmative final determination of circumvention in accordance with sections 781(c) of the Act and 19 CFR 351.226(g)(2). Dated: March 6, 2024. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2024–05227 Filed 3–11–24; 8:45 am] BILLING CODE 3510–DS–P DATES: Applicable March 12, 2024. John Conniff or Charles Doss, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1009 or (202) 482–4474, respectively. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Background On September 8, 2023, Commerce published the Preliminary Results for this review in the Federal Register and invited interested parties to comment on those results.1 From January 22 to 29, 2024, interested parties submitted case and rebuttal briefs.2 For a complete summary of events that have occurred since Commerce published the Preliminary Results, as well as a full discussion of the issues raised by parties for these final results, see the Issues and Decision Memorandum.3 Commerce conducted this review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). Scope of the Order 4 The products covered by the Order are LWRPT from Mexico. For a complete description of the scope, see the Issues and Decision Memorandum. Analysis of Comments Received DEPARTMENT OF COMMERCE International Trade Administration [A–201–836] Light-Walled Rectangular Pipe and Tube From Mexico: Final Results of Antidumping Duty Administrative Review; 2021–2022 The U.S. Department of Commerce (Commerce) determines that sales of light-walled rectangular pipe and tube (LWRPT) from Mexico were made at less than normal value during the period of review (POR), August 1, 2021, through July 31, 2022. SUMMARY: 4 See Initiation Notice. See Light-Walled Rectangular Pipe and Tube from Mexico: Preliminary Results and Partial Rescission of the Antidumping Duty Administrative Review; 2021–2022, 88 FR 62056 (September 8, 2023) (Preliminary Results), and accompanying Preliminary Decision Memorandum. 2 See Nucor Tubular Products Inc. (Nucor)’s Letter, ‘‘Case Brief,’’ dated January 22, 2024; see also Maquilacero S.A. de C.V.’s (Maquilacero)’s Letter, ‘‘Case Brief;’’ dated January 22, 2024; Perfiles LM, S.A. de C.V.’s Letter, ‘‘Case Brief;’’ dated January 22, 2024; Productos Laminados de Monterrey S.A. de C.V. and its affiliated U.S. khammond on DSKJM1Z7X2PROD with NOTICES 1 VerDate Sep<11>2014 19:36 Mar 11, 2024 Jkt 262001 All issues raised in the case and rebuttal briefs are addressed in the Issues and Decision Memorandum.5 A list of the issues that parties raised and to which we responded in the Issues and Decision Memorandum is attached in an appendix to this notice. The Issues and 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 Issues and Decision Memorandum can be accessed directly reseller, Prolamsa, Inc (jointly, Prolamsa)’s Letter, ‘‘Rebuttal Brief;’’ Nucor’s Letter, ‘‘Rebuttal Brief,’’ dated January 29, 2024; and Regiomontana de Perfiles y Tubos S. de R.L. de C.V. (Regiopytsa)’s Letter, ‘‘Rebuttal Brief,’’ dated January 29, 2024. 3 See Memorandum, ‘‘Light-Walled Rectangular Pipe and Tube from Mexico: Issues and Decision Memorandum for the Final Results of Antidumping Duty Administrative Review; 2021–2022,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 4 See Light-Walled Rectangular Pipe and Tube from Mexico, the People’s Republic of China, and the Republic of Korea: Antidumping Duty Orders; PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 17815 at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Changes Since the Preliminary Results Based on a review of the record and comments received from interested parties regarding the Preliminary Results, we made certain changes to the preliminary weighted-average dumping margins calculated for Maquilacero/ TEFLU, and Regiopytsa. For a detailed discussion of these changes, see the Issues and Decision Memorandum.6 Rates for Companies Not Selected for Individual Examination The statute and Commerce’s regulations do not address the establishment of a rate to be applied to individual companies not selected for examination when Commerce limits its examination in an administrative review pursuant to section 777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5) of the Act, which provides for calculating the all-others rate in an investigation, for guidance when calculating the rate for companies which Commerce did not examine in an administrative review. Under section 735(c)(5)(A) of the Act, the all-others rate is normally an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding rates that are zero, de minimis (i.e., less than 0.5 percent), or determined entirely on the basis of facts available. For these final results of review, we calculated a weighted-average dumping margin for both respondents, Maquilacero/TEFLU and Regiopytsa that are not zero, de minimis, or based entirely on the basis of facts available. Accordingly, consistent with section 735(c)(5)(A) of the Act, we determined the weighted-average dumping margin for each of the non-selected companies based on the weighted-average dumping margins calculated for the mandatory respondents.7 Final Results of Review Commerce determines that the following weighted-average dumping Light-Walled Rectangular Pipe and Tube from the Republic of Korea: Notice of Amended Final Determination of Sales at Less Than Fair Value, 73 FR 45403 (August 5, 2008) (Order). 5 See Issues and Decision Memorandum. 6 Id. 7 See Memorandum, ‘‘Final Results of the Antidumping Duty Administrative Review of LightWalled Rectangular Pipe and Tube from Mexico: Calculation of the Rate for Non-Selected Respondents,’’ dated concurrently with this notice. E:\FR\FM\12MRN1.SGM 12MRN1

Agencies

[Federal Register Volume 89, Number 49 (Tuesday, March 12, 2024)]
[Notices]
[Pages 17814-17815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05227]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-126; C-570-127]


Non-Refillable Steel Cylinders From the People's Republic of 
China: Final Affirmative Determination of Circumvention of the 
Antidumping and Countervailing Duty Orders

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
non-refillable steel cylinders with water capacities between 100 and 
299 cubic inches produced in the People's Republic of China (China) and 
exported to the United States, are circumventing the antidumping duty 
(AD) and countervailing duty (CVD) orders on certain non-refillable 
steel cylinders (non-refillable cylinders) from China.

DATES: Applicable March 12, 2024.

FOR FURTHER INFORMATION CONTACT: Alex Cipolla, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4956.

SUPPLEMENTARY INFORMATION:

Background

    On May 11, 2021, Commerce published in the Federal Register the AD 
and CVD orders on non-refillable cylinders from China.\1\ On June 1, 
2023, Commerce published the initiation of this circumvention 
inquiry.\2\ On November 21, 2023, Commerce published the affirmative 
Preliminary Determination of the circumvention inquiry of the AD and 
CVD Orders on non-refillable cylinders from China with respect to non-
refillable cylinders with water capacities between 100 and 299 cubic 
inches produced in China and exported to the United States.\3\ Although 
we invited parties to comment on the Preliminary Determination of this 
inquiry, we received no comments. Commerce conducted this circumvention 
inquiry pursuant to section 781(c) of the Tariff Act of 1930, as 
amended (the Act) and 19 CFR 351.226(j).
---------------------------------------------------------------------------

    \1\ See Certain Non-Refillable Steel Cylinders from the People's 
Republic of China: Amended Final Antidumping Duty Determination and 
Antidumping Duty and Countervailing Duty Orders, 86 FR 25839 (May 
11, 2021) (Orders).
    \2\ See Non-Refillable Steel Cylinders from the People's 
Republic of China: Initiation of Circumvention Inquiry of the 
Antidumping and Countervailing Duty Orders; Water Capacities Between 
100 and 299 Cubic Inches, 88 FR 35839 (June 1, 2023) (Initiation 
Notice).
    \3\ See Non-Refillable Steel Cylinders from the People's 
Republic of China: Affirmative Preliminary Determination of 
Circumvention of the Antidumping and Countervailing Duty Orders, 88 
FR 81051 (November 21, 2023) (Preliminary Determination), and 
accompanying Preliminary Decision Memorandum.
---------------------------------------------------------------------------

Scope of the Orders

    The merchandise covered by these Orders is certain seamed (welded 
or brazed), non-refillable steel cylinders meeting the requirements of, 
or produced to meet the requirements of, U.S. Department of 
Transportation (USDOT) Specification 39, TransportCanada Specification 
39M, or United Nations pressure receptacle standard ISO 11118 and 
otherwise meeting the description provided below (non-refillable steel 
cylinders). The subject non-refillable steel cylinders are portable and 
range from 300-cubic inch (4.9 liter) water capacity to 1,526-cubic 
inch (25 liter) water capacity. Subject non-refillable steel cylinders 
may be imported with or without a valve and/or pressure release device 
and unfilled at the time of importation. Non-refillable steel cylinders 
filled with pressurized air otherwise meeting the physical description 
above are covered by these Orders.
    Specifically excluded are seamless non-refillable steel cylinders.
    The merchandise subject to these Orders is properly classified 
under statistical reporting numbers 7311.00.0060 and 7311.00.0090 of 
the Harmonized Tariff Schedule of the United States (HTSUS). The 
merchandise may also enter under HTSUS statistical reporting numbers 
7310.29.0025 and 7310.29.0050. Although the HTSUS statistical reporting 
numbers are provided for convenience and customs purposes, the written 
description of the merchandise is dispositive.

Merchandise Subject to the Circumvention Inquiry

    This circumvention inquiry covers non-refillable cylinders with 
water capacities between 100 and 299 cubic inches produced in China and 
exported to the United States.

Statutory and Regulatory Framework

    We conducted this circumvention inquiry pursuant to section 781(c) 
of the Act and 19 CFR 351.226(j). For a complete description of the 
methodology underlying the Preliminary Determination, see the 
Preliminary Decision Memorandum. 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.

Affirmative Final Determination of Circumvention

    As detailed in the Preliminary Determination, we determine that 
non-refillable cylinders with water capacities between 100 and 299 
cubic inches produced in China and exported to the United States 
constitute merchandise altered in form or appearance in such minor 
respects that they should be included within the scope of the Orders, 
pursuant to section 781(c) of the Act and 19 CFR 351.226(j). Commerce 
continues to apply this affirmative circumvention finding on a country-
wide basis. Because we received no comments regarding our Preliminary 
Determination, our final determination remains unchanged from our 
Preliminary Determination, and no memorandum accompanies this notice. 
Therefore, we determine that it is appropriate to include this 
merchandise within the scope of the Orders and to instruct U.S. Customs 
and Border Protection (CBP) to continue to suspend any entries of non-
refillable cylinders with water capacities between 100 and 299 cubic 
inches produced in China and exported to the United States.

Suspension of Liquidation and Cash Deposit Requirements

    In accordance with 19 CFR 351.226(l)(3), based on this final 
determination in this circumvention inquiry, Commerce will direct CBP 
to begin or continue to suspend liquidation and to require cash 
deposits of estimated duties equal to the AD and CVD rates in effect 
for non-refillable cylinders from China with water capacities between 
100 and 299 cubic inches produced in China and exported

[[Page 17815]]

to the United States that are entered, or withdrawn from warehouse, for 
consumption on or after June 1, 2023 (i.e., the date of the initiation 
of this inquiry).\4\ The suspension of liquidation and cash deposit 
requirements will remain in effect until further notice.
---------------------------------------------------------------------------

    \4\ See Initiation Notice.
---------------------------------------------------------------------------

Administrative Protective Order

    This notice will serve as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return/destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.

Notification to Interested Parties

    Commerce is issuing and publishing this affirmative final 
determination of circumvention in accordance with sections 781(c) of 
the Act and 19 CFR 351.226(g)(2).

    Dated: March 6, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.
[FR Doc. 2024-05227 Filed 3-11-24; 8:45 am]
BILLING CODE 3510-DS-P

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