Final Affirmative Determination in the Less-Than-Fair-Value Investigation of Certain Non-Refillable Steel Cylinders From India, 29294-29296 [2024-08450]
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29294
Federal Register / Vol. 89, No. 78 / Monday, April 22, 2024 / Notices
limited to the following alloys classified
under the Unified Numbering System (UNS)
as C27450, C27451, C27460, C34500, C35000,
C35300, C35330, C36000, C36300, C37000,
C37700, C48500, C67300, C67600, and
C69300, and their international equivalents.
The brass rod subject to this investigation
has an actual cross-section or outside
diameter greater than 0.25 inches but less
than or equal to 12 inches. Brass rod crosssections may be round, hexagonal, square, or
octagonal shapes as well as special profiles
(e.g., angles, shapes), including hollow
profiles.
Standard leaded brass rod covered by the
scope contains, by weight, 57.0–65.0 percent
copper; 0.5–3.0 percent lead; no more than
1.3 percent iron; and at least 15 percent zinc.
No-lead or low-lead brass rod covered by the
scope contains by weight 59.0–76.0 percent
copper; 0–1.5 percent lead; no more than
0.35 percent iron; and at least 15 percent
zinc. Brass rod may also include other
chemical elements (e.g., nickel, phosphorous,
silicon, tin, etc.).
Brass rod may be in straight lengths or
coils. Brass rod covered by this investigation
may be finished or unfinished, and may or
may not be heated, extruded, pickled, or
cold-drawn. Brass rod may be produced in
accordance with ASTM B16, ASTM B124,
ASTM B981, ASTM B371, ASTM B453,
ASTM B21, ASTM B138, and ASTM B927,
but such conformity to an ASTM standard is
not required for the merchandise to be
included within the scope.
Excluded from the scope of this
investigation is brass ingot, which is a casting
of unwrought metal unsuitable for
conversion into brass rod without remelting,
that contains, by weight, at least 57.0 percent
copper and 15.0 percent zinc.
The merchandise covered by this
investigation is currently classifiable under
subheadings 7407.21.9000, 7407.21.7000,
and 7407.21.1500 of the Harmonized Tariff
Schedule of the United States (HTSUS).
Products subject to the scope may also enter
under HTSUS subheadings 7403.21.0000,
7407.21.3000, and 7407.21.5000. The HTSUS
subheadings and UNS alloy designations are
provided for convenience and customs
purposes. The written description of the
scope of the investigation is dispositive.
Appendix II
lotter on DSK11XQN23PROD with NOTICES1
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Changes Since the Preliminary
Determination
VI. Discussion of the Issues
Comment 1: Constructed Export Price
(CEP) Offset
Comment 2: Flood-Related Expenses and
Insurance Reimbursement Offset
VII. Recommendation
[FR Doc. 2024–08459 Filed 4–19–24; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–912]
Final Affirmative Determination in the
Less-Than-Fair-Value Investigation of
Certain Non-Refillable Steel Cylinders
From India
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
certain non-refillable steel cylinders
(cylinders) from the India are being, or
are likely to be, sold in the United States
at less than fair value (LTFV). The
period of investigation (POI) is April 1,
2022, through March 31, 2023.
DATES: Applicable April 22, 2024.
FOR FURTHER INFORMATION CONTACT:
Benito Ballesteros or Samuel Evans, 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) 482–2420,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Commerce selected two companies,
Bhiwadi Cylinders Pvt. Ltd./Sapphire
(India) Pvt. Ltd. (collectively Bhiwadi/
Sapphire) 1 and Inox India Limited
(Inox) as the mandatory respondents, in
this investigation. On December 1, 2023,
Commerce published in the Federal
Register the Preliminary Determination,
in which it also postponed the final
determination until not later than 135
days after the date of publication of the
Preliminary Determination (i.e., April
15, 2024).2 We invited parties to
comment on the Preliminary
Determination.
In March 2024, we received case
briefs from Worthington Industries (the
petitioner) and Bhiwadi/Sapphire,3 and
1 Commerce determined that it was appropriate to
collapse Bhiwadi and Sapphire and treat these
companies as a single entity. See Memorandum,
‘‘Preliminary Determination Affiliation and Single
Entity Memorandum,’’ dated November 24, 2023.
2 See Certain Non-Refillable Steel Cylinders from
India: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional
Measures, 88 FR 83906 (December 1, 2023)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
3 See Petitioner’s Letter, ‘‘Petitioner’s Case Brief
for Inox India, Ltd,’’ dated March 20, 2024;
Petitioner’s Letter, ‘‘Petitioner’s Case Brief for
Bhiwadi Cylinders Private Limited,’’ dated March
20, 2024; and Bhiwadi/Sapphire’s Letter,
‘‘Bhiwadi’s Revised Case Brief,’’ dated March 26,
2024.
PO 00000
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Fmt 4703
Sfmt 4703
rebuttal briefs from the petitioner,
Bhiwadi/Sapphire, and Inox.4 For a
complete description of the events that
occurred since the Preliminary
Determination, see the Issues and
Decision Memorandum.5 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
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Investigation
The merchandise covered by the
scope of this investigation is cylinders
from India. For a complete description
of the scope of this investigation, see
Appendix I.
Scope Comments
No interested party commented on the
scope of the investigation as it appeared
in the Preliminary Determination.
Therefore, no changes were made to the
scope of the investigation.
Verification
Commerce conducted verification of
the information relied upon in making
its final determination in this
investigation, in accordance with
section 782(i) of the Tariff Act of 1930,
as amended (the Act). Specifically, we
conducted on-site verifications of
Bhiwadi/Sapphire and Inox in
December 2023 and January 2024 using
standard verification procedures,
including an examination of relevant
sales and accounting records, and
original source documents provided by
the respondents.6
4 See Petitioner’s Letter, ‘‘Petitioner’s Rebuttal
Brief for Bhiwadi Cylinders Private Limited,’’ dated
March 26, 2024; Bhiwadi/Sapphire’s Letter,
‘‘Bhiwadi’s Rebuttal Case Brief,’’ dated March 26,
2024; and Inox’s Letter, ‘‘Rebuttal Brief,’’ dated
March 26, 2024.
5 See Memorandum, ‘‘Decision Memorandum for
the Final Affirmative Determination in the LessThan-Fair-Value Investigation of Certain NonRefillable Steel Cylinders from India,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
6 See Memorandum, ‘‘Verification of the Cost
Response of Bhiwadi Cylinders Private Limited and
Sapphire (India) Private Limited,’’ dated February
8, 2024; Memorandum, ‘‘Verification of the Cost
Response of Inox India Ltd.,’’ dated February 29,
2024; Memorandum, ‘‘Verification of the Sales
Response of Inox India Limited,’’ dated March 11,
2024; and Memorandum, ‘‘Verification of the Sales
Response of Bhiwadi Cylinders Private Limited and
Sapphire (India) Private Limited,’’ dated March 12,
2024.
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29295
Federal Register / Vol. 89, No. 78 / Monday, April 22, 2024 / Notices
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs are addressed in the
Issues and Decision Memorandum. A
list of the issues that parties raised, and
to which we responded in the Issues
and Decision Memorandum, is attached
to this notice in Appendix II.
Changes Since the Preliminary
Determination
We made certain changes to the
margin calculations for Bhiwadi/
Sapphire and Inox since the Preliminary
Determination. See the Issues and
Decision Memorandum for a discussion
of these changes.
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated weightedaverage dumping margin for all other
producers and exporters not
individually investigated shall be equal
to the weighted average of the estimated
weighted-average dumping margins
established for individually investigated
exporters and producers, excluding
rates that are zero, de minimis, or
determined entirely under section 776
of the Act.
In this investigation, Commerce
calculated a zero rate for Inox.
Therefore, the only rate that is not zero,
de minimis, or based entirely on facts
otherwise available is the rate calculated
for Bhiwadi/Sapphire. Consequently,
the rate calculated for Bhiwadi/
Sapphire is also assigned as the rate for
all other producers and exporters.
Final Determination
The final estimated weighted-average
dumping margins are listed below for
the period October 1, 2021, through
September 30, 2022:
Weighted-average
dumping margin
(percent)
Exporter/producer
Bhiwadi Cylinders Private Limited; Sapphire (India) Private Limited ......................................................
Inox India Limited ....................................................................................................................................
All Others .................................................................................................................................................
Disclosure
Commerce intends to disclose the
calculations performed in connection
with this final determination to
interested parties within five days of
any public announcement or, if there is
no public announcement, within five
days of the date of publication of this
final determination in the Federal
Register, in accordance with 19 CFR
351.224(b).
lotter on DSK11XQN23PROD with NOTICES1
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border
Protection (CBP) to continue to suspend
liquidation of all entries of cylinders
from India, as described in Appendix I
of this notice, which were entered or
withdrawn from warehouse for
consumption on or after December 1,
2023, the date of publication of the
Preliminary Determination of this
investigation in the Federal Register,
with the exception of entries of subject
merchandise that were produced and
exported by Inox. Because the estimated
weighted-average dumping margin for
Inox is zero, entries of shipments of
subject merchandise produced and
exported by Inox will not be subject to
suspension of liquidation or cash
deposit requirements. In such
situations, Commerce applies the
exclusion to the provisional measures to
the producer/exporter combination that
was examined in the investigation.
Accordingly, Commerce is directing
CBP not to suspend liquidation of
entries of merchandise produced and
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exported by Inox. However, entries of
subject merchandise in any other
producer/exporter combination, e.g.,
merchandise produced by a third party
and exported by Inox or produced by
Inox and exported by a third party, are
subject to the cash deposit requirements
at the all-others rate.
Furthermore, other than for entries
produced and exported by Inox,
pursuant to section 735(c)(1)(B)(ii) of
the Act and 19 CFR 351.210(d), upon
the publication of this notice, we will
instruct CBP to require a cash deposit
for estimated antidumping duties for
such entries of merchandise as follows:
(1) the cash deposit rate for the
respondents listed in the table above
will be equal to the company-specific
estimated weighted-average dumping
margin determined in this final
determination; (2) if the exporter is not
a respondent identified above, but the
producer is, then the cash deposit rate
will be equal to the company-specific
estimated weighted-average dumping
margin established for that producer of
the subject merchandise; and (3) the
cash deposit rate for all other producers
and exporters will be equal to the allothers estimated weighted-average
dumping margin listed in the table
above.
Commerce normally adjusts cash
deposits for estimated antidumping
duties by the amount of export subsidies
countervailed in a companion
countervailing duty (CVD) proceeding,
when CVD provisional measures are in
effect. Accordingly, where Commerce
made an affirmative determination for
countervailable export subsidies,
PO 00000
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Fmt 4703
Sfmt 4703
6.27
0.00
6.27
Cash deposit rate
(adjusted for
subsidy offset(s))
(percent)
4.13
0.00
4.13
Commerce has offset the estimated
weighted-average dumping margin by
the appropriate CVD rate. Any such
adjusted cash deposit rate may be found
in the ‘‘Final Determination’’ section
above.
Should provisional measures in the
companion CVD investigation expire
prior to the expiration of provisional
measures in this LTFV investigation,
Commerce will direct CBP to begin
collecting estimated antidumping duty
cash deposits unadjusted for
countervailed export subsidies at the
time that the provisional CVD measures
expire.
These suspension of liquidation
instructions will remain in effect until
further notice.
U.S. International Trade Commission
Notification
In accordance with section 735(d) of
the Act, Commerce will notify the U.S.
International Trade Commission (ITC) of
its final affirmative determination of
sales at LTFV. Because the final
determination in this investigation is
affirmative, in accordance with section
735(b)(2) of the Act, the ITC will make
its final determination as to whether the
domestic industry in the United States
is materially injured or threatened with
material injury by reason of imports of
cylinders from India no later than 45
days after our final determination. If the
ITC determines that such injury does
not exist, this proceeding will be
terminated, all cash deposits posted will
be refunded, and suspension of
liquidation will be lifted. If the ITC
determines that such injury does exist,
Commerce will issue an antidumping
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Federal Register / Vol. 89, No. 78 / Monday, April 22, 2024 / Notices
duty order directing CBP to assess, upon
further instruction by Commerce,
antidumping duties on all imports of the
subject merchandise entered or
withdrawn from warehouse for
consumption on or after the effective
date of the suspension of liquidation, as
discussed in the ‘‘Continuation of
Suspension of Liquidation’’ section.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to an administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials, or
conversion to judicial protective order,
is hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
735(d) and 777(i)(1) of the Act and 19
CFR 351.210(c).
Dated: April 15, 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.
lotter on DSK11XQN23PROD with NOTICES1
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
statistical reporting numbers are provided for
convenience and customs purposes, the
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06:41 Apr 20, 2024
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written description of the merchandise is
dispositive.
of investigation (POI) is April 1, 2022,
through March 31, 2023.
Appendix II—List of Topics Discussed
in the Issues and Decision
Memorandum
DATES:
I. Summary
II. Background
III. Scope of the Investigation
IV. Changes Since the Preliminary
Determination
V. Discussion of the Issues
Comment 1: Whether to Apply Adverse
Facts Available to Bhiwadi/Sapphire
Comment 2: Whether to Adjust Bhiwadi/
Sapphire’s Export Prices for Average
Annual Warranty Expenses
Comment 3: Whether to Adjust Bhiwadi/
Sapphire’s Financial Expense Ratio
Comment 4: Whether Certain of Bhiwadi/
Sapphire’s Cost Reallocations Should be
Reversed
Comment 5: Whether to Include the
Purchase Cost of Semi-Finished
Cylinders in Bhiwadi/Sapphire’s Cost of
Manufacturing (COM)
Comment 6: Whether to Adjust Bhiwadi/
Sapphire’s Reported Costs for Freight
Inward and Loading and Unloading
Expenses
Comment 7: Whether to Make Certain
Revisions to SIPL’s Reported COM
Comment 8: Whether to Remove Raw
Material Offsets Related to Profit Earned
on Sales of Raw Materials Between BCPL
and SIPL
Comment 9: Whether Inox’s Cost
Reconciliation is Misstated for both the
Merchandise Under Consideration
(MUC) and Non-MUC
Comment 10: Whether Inox’s Direct
Material Costs Are Unreconciled and
Unsupported by Record Evidence
Comment 11: Whether Inox Understated its
Reported Direct Material Costs
Comment 12: Whether Commerce Should
Revise Inox’s Scrap Offset
Comment 13: Whether Commerce Should
Revise Inox’s General and
Administrative Expense Ratio
VI. Recommendation
[FR Doc. 2024–08450 Filed 4–19–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–913]
Certain Non-Refillable Steel Cylinders
From India: Final Affirmative
Countervailing Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
countervailable subsidies are being
provided to producers and exporters of
certain non-refillable steel cylinders
(steel cylinders) from India. The period
AGENCY:
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Fmt 4703
Sfmt 4703
Applicable April 22, 2024.
FOR FURTHER INFORMATION CONTACT:
Shane Subler or Rachel Accorsi, 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 or
(202) 482–3149, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 29, 2023, Commerce
published the Preliminary
Determination in the Federal Register.1
Subsequently, on February 8, 2024,
Commerce released its Post-Preliminary
Analysis.2 For a complete description of
the events that followed the Preliminary
Determination, see the Issues and
Decision Memorandum.3 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
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
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.
Scope Comments
No interested party commented on the
scope of the investigation as it appeared
in the Preliminary Determination.
Therefore, no changes were made to the
scope of the investigation.
1 See Certain Non-Refillable Steel Cylinders from
India: Preliminary Affirmative Countervailing Duty
Determination and Alignment of Final
Determination With Final Antidumping Duty
Determination, 88 FR 67231 (September 29, 2023)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Decision Memorandum for
the Post-Preliminary Analysis in the Countervailing
Duty Investigation of Certain Non-Refillable Steel
Cylinders from India,’’ dated February 8, 2024
(Post-Preliminary Analysis).
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination of the Countervailing Duty
Investigation of Certain Non-Refillable Steel
Cylinders from India,’’ dated concurrently with,
and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Agencies
[Federal Register Volume 89, Number 78 (Monday, April 22, 2024)]
[Notices]
[Pages 29294-29296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08450]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-912]
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Certain Non-Refillable Steel Cylinders From India
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain non-refillable steel cylinders (cylinders) from the India are
being, or are likely to be, sold in the United States at less than fair
value (LTFV). The period of investigation (POI) is April 1, 2022,
through March 31, 2023.
DATES: Applicable April 22, 2024.
FOR FURTHER INFORMATION CONTACT: Benito Ballesteros or Samuel Evans,
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)
482-2420, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce selected two companies, Bhiwadi Cylinders Pvt. Ltd./
Sapphire (India) Pvt. Ltd. (collectively Bhiwadi/Sapphire) \1\ and Inox
India Limited (Inox) as the mandatory respondents, in this
investigation. On December 1, 2023, Commerce published in the Federal
Register the Preliminary Determination, in which it also postponed the
final determination until not later than 135 days after the date of
publication of the Preliminary Determination (i.e., April 15, 2024).\2\
We invited parties to comment on the Preliminary Determination.
---------------------------------------------------------------------------
\1\ Commerce determined that it was appropriate to collapse
Bhiwadi and Sapphire and treat these companies as a single entity.
See Memorandum, ``Preliminary Determination Affiliation and Single
Entity Memorandum,'' dated November 24, 2023.
\2\ See Certain Non-Refillable Steel Cylinders from India:
Preliminary Affirmative Determination of Sales at Less Than Fair
Value, Postponement of Final Determination, and Extension of
Provisional Measures, 88 FR 83906 (December 1, 2023) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum
(PDM).
---------------------------------------------------------------------------
In March 2024, we received case briefs from Worthington Industries
(the petitioner) and Bhiwadi/Sapphire,\3\ and rebuttal briefs from the
petitioner, Bhiwadi/Sapphire, and Inox.\4\ For a complete description
of the events that occurred since the Preliminary Determination, see
the Issues and Decision Memorandum.\5\ 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
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\3\ See Petitioner's Letter, ``Petitioner's Case Brief for Inox
India, Ltd,'' dated March 20, 2024; Petitioner's Letter,
``Petitioner's Case Brief for Bhiwadi Cylinders Private Limited,''
dated March 20, 2024; and Bhiwadi/Sapphire's Letter, ``Bhiwadi's
Revised Case Brief,'' dated March 26, 2024.
\4\ See Petitioner's Letter, ``Petitioner's Rebuttal Brief for
Bhiwadi Cylinders Private Limited,'' dated March 26, 2024; Bhiwadi/
Sapphire's Letter, ``Bhiwadi's Rebuttal Case Brief,'' dated March
26, 2024; and Inox's Letter, ``Rebuttal Brief,'' dated March 26,
2024.
\5\ See Memorandum, ``Decision Memorandum for the Final
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Certain Non-Refillable Steel Cylinders from India,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The merchandise covered by the scope of this investigation is
cylinders from India. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
No interested party commented on the scope of the investigation as
it appeared in the Preliminary Determination. Therefore, no changes
were made to the scope of the investigation.
Verification
Commerce conducted verification of the information relied upon in
making its final determination in this investigation, in accordance
with section 782(i) of the Tariff Act of 1930, as amended (the Act).
Specifically, we conducted on-site verifications of Bhiwadi/Sapphire
and Inox in December 2023 and January 2024 using standard verification
procedures, including an examination of relevant sales and accounting
records, and original source documents provided by the respondents.\6\
---------------------------------------------------------------------------
\6\ See Memorandum, ``Verification of the Cost Response of
Bhiwadi Cylinders Private Limited and Sapphire (India) Private
Limited,'' dated February 8, 2024; Memorandum, ``Verification of the
Cost Response of Inox India Ltd.,'' dated February 29, 2024;
Memorandum, ``Verification of the Sales Response of Inox India
Limited,'' dated March 11, 2024; and Memorandum, ``Verification of
the Sales Response of Bhiwadi Cylinders Private Limited and Sapphire
(India) Private Limited,'' dated March 12, 2024.
---------------------------------------------------------------------------
[[Page 29295]]
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum. A list of the issues that parties
raised, and to which we responded in the Issues and Decision
Memorandum, is attached to this notice in Appendix II.
Changes Since the Preliminary Determination
We made certain changes to the margin calculations for Bhiwadi/
Sapphire and Inox since the Preliminary Determination. See the Issues
and Decision Memorandum for a discussion of these changes.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
not individually investigated shall be equal to the weighted average of
the estimated weighted-average dumping margins established for
individually investigated exporters and producers, excluding rates that
are zero, de minimis, or determined entirely under section 776 of the
Act.
In this investigation, Commerce calculated a zero rate for Inox.
Therefore, the only rate that is not zero, de minimis, or based
entirely on facts otherwise available is the rate calculated for
Bhiwadi/Sapphire. Consequently, the rate calculated for Bhiwadi/
Sapphire is also assigned as the rate for all other producers and
exporters.
Final Determination
The final estimated weighted-average dumping margins are listed
below for the period October 1, 2021, through September 30, 2022:
------------------------------------------------------------------------
Cash deposit rate
Weighted-average (adjusted for
Exporter/producer dumping margin subsidy offset(s))
(percent) (percent)
------------------------------------------------------------------------
Bhiwadi Cylinders Private 6.27 4.13
Limited; Sapphire (India)
Private Limited................
Inox India Limited.............. 0.00 0.00
All Others...................... 6.27 4.13
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose the calculations performed in
connection with this final determination to interested parties within
five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this final
determination in the Federal Register, in accordance with 19 CFR
351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all entries of cylinders from India, as
described in Appendix I of this notice, which were entered or withdrawn
from warehouse for consumption on or after December 1, 2023, the date
of publication of the Preliminary Determination of this investigation
in the Federal Register, with the exception of entries of subject
merchandise that were produced and exported by Inox. Because the
estimated weighted-average dumping margin for Inox is zero, entries of
shipments of subject merchandise produced and exported by Inox will not
be subject to suspension of liquidation or cash deposit requirements.
In such situations, Commerce applies the exclusion to the provisional
measures to the producer/exporter combination that was examined in the
investigation. Accordingly, Commerce is directing CBP not to suspend
liquidation of entries of merchandise produced and exported by Inox.
However, entries of subject merchandise in any other producer/exporter
combination, e.g., merchandise produced by a third party and exported
by Inox or produced by Inox and exported by a third party, are subject
to the cash deposit requirements at the all-others rate.
Furthermore, other than for entries produced and exported by Inox,
pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d),
upon the publication of this notice, we will instruct CBP to require a
cash deposit for estimated antidumping duties for such entries of
merchandise as follows: (1) the cash deposit rate for the respondents
listed in the table above will be equal to the company-specific
estimated weighted-average dumping margin determined in this final
determination; (2) if the exporter is not a respondent identified
above, but the producer is, then the cash deposit rate will be equal to
the company-specific estimated weighted-average dumping margin
established for that producer of the subject merchandise; and (3) the
cash deposit rate for all other producers and exporters will be equal
to the all-others estimated weighted-average dumping margin listed in
the table above.
Commerce normally adjusts cash deposits for estimated antidumping
duties by the amount of export subsidies countervailed in a companion
countervailing duty (CVD) proceeding, when CVD provisional measures are
in effect. Accordingly, where Commerce made an affirmative
determination for countervailable export subsidies, Commerce has offset
the estimated weighted-average dumping margin by the appropriate CVD
rate. Any such adjusted cash deposit rate may be found in the ``Final
Determination'' section above.
Should provisional measures in the companion CVD investigation
expire prior to the expiration of provisional measures in this LTFV
investigation, Commerce will direct CBP to begin collecting estimated
antidumping duty cash deposits unadjusted for countervailed export
subsidies at the time that the provisional CVD measures expire.
These suspension of liquidation instructions will remain in effect
until further notice.
U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its final affirmative
determination of sales at LTFV. Because the final determination in this
investigation is affirmative, in accordance with section 735(b)(2) of
the Act, the ITC will make its final determination as to whether the
domestic industry in the United States is materially injured or
threatened with material injury by reason of imports of cylinders from
India no later than 45 days after our final determination. If the ITC
determines that such injury does not exist, this proceeding will be
terminated, all cash deposits posted will be refunded, and suspension
of liquidation will be lifted. If the ITC determines that such injury
does exist, Commerce will issue an antidumping
[[Page 29296]]
duty order directing CBP to assess, upon further instruction by
Commerce, antidumping duties on all imports of the subject merchandise
entered or withdrawn from warehouse for consumption on or after the
effective date of the suspension of liquidation, as discussed in the
``Continuation of Suspension of Liquidation'' section.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely
written notification of the return or destruction of APO materials, or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and terms of an APO is a violation which
is subject to sanction.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c).
Dated: April 15, 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.
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
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 Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Changes Since the Preliminary Determination
V. Discussion of the Issues
Comment 1: Whether to Apply Adverse Facts Available to Bhiwadi/
Sapphire
Comment 2: Whether to Adjust Bhiwadi/Sapphire's Export Prices
for Average Annual Warranty Expenses
Comment 3: Whether to Adjust Bhiwadi/Sapphire's Financial
Expense Ratio
Comment 4: Whether Certain of Bhiwadi/Sapphire's Cost
Reallocations Should be Reversed
Comment 5: Whether to Include the Purchase Cost of Semi-Finished
Cylinders in Bhiwadi/Sapphire's Cost of Manufacturing (COM)
Comment 6: Whether to Adjust Bhiwadi/Sapphire's Reported Costs
for Freight Inward and Loading and Unloading Expenses
Comment 7: Whether to Make Certain Revisions to SIPL's Reported
COM
Comment 8: Whether to Remove Raw Material Offsets Related to
Profit Earned on Sales of Raw Materials Between BCPL and SIPL
Comment 9: Whether Inox's Cost Reconciliation is Misstated for
both the Merchandise Under Consideration (MUC) and Non-MUC
Comment 10: Whether Inox's Direct Material Costs Are
Unreconciled and Unsupported by Record Evidence
Comment 11: Whether Inox Understated its Reported Direct
Material Costs
Comment 12: Whether Commerce Should Revise Inox's Scrap Offset
Comment 13: Whether Commerce Should Revise Inox's General and
Administrative Expense Ratio
VI. Recommendation
[FR Doc. 2024-08450 Filed 4-19-24; 8:45 am]
BILLING CODE 3510-DS-P