Certain Non-Refillable Steel Cylinders From India: Antidumping Duty and Countervailing Duty Orders, 50257-50260 [2024-13040]
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Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Notices
publication of the Initiation Notice 5).
Pursuant to 19 CFR 351.226(l)(3), we
will also instruct CBP to require AD
cash deposit rates in effect for fresh
garlic for each unliquidated entry of
small and large garlic chunks produced
in and exported from China that have
been entered, or withdrawn from
warehouse, for consumption on or after
June 8, 2023 (i.e., the date of the
initiation of this inquiry).6 The
suspension of liquidation instructions
and cash deposit requirements will
remain in effect until further notice.
Opportunity To Request an
Administrative Review
Each year during the anniversary
month of the publication of an AD or
countervailing duty (CVD) order,
finding, or suspended investigation, an
interested party, as defined in section
771(9) of the Act, may request, in
accordance with 19 CFR 351.213, that
Commerce conduct an administrative
review of that AD or CVD order, finding,
or suspended investigation. An
interested party who would like
Commerce to conduct an administrative
review should wait until Commerce
announces via the Federal Register the
next opportunity during the anniversary
month of the publication of the Order to
submit such requests. The anniversary
month for this Order is November.
Administrative Protective Order
This notice will serve as the only
reminder to all parties subject to an
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 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 sanctionable violation.
Notification to Interested Parties
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This determination is issued and
published in accordance with section
781(c) of the Act and 19 CFR
351.226(g)(2).
5 See Fresh Garlic from the People’s Republic of
China: Initiation of Circumvention Inquiry on the
Antidumping Duty Order, 88 FR 37510 (June 8,
2023) (Initiation Notice).
6 See Order.
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Dated: June 7, 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
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Merchandise Subject to the
Circumvention Inquiry
V. Period of the Circumvention Inquiry
VI. Discussion of the Issues
Comment 1: Whether the Inquiry
Merchandise Is Excluded from the Order
Due to Preservation by the Addition of
Other Ingredients
Comment 2: Whether the Inquiry
Merchandise Is Excluded from the Order
by being ‘‘Further Processed’’
Comment 3: Whether the Inquiry
Merchandise Has Undergone Minor
Alteration
VII. Recommendation
[FR Doc. 2024–13044 Filed 6–12–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–912, C–533–913]
Certain Non-Refillable Steel Cylinders
From India: Antidumping Duty and
Countervailing Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the U.S. Department
of Commerce (Commerce) and the U.S.
International Trade Commission (ITC),
Commerce is issuing antidumping duty
(AD) and countervailing duty (CVD)
orders on certain non-refillable steel
cylinders (steel cylinders) from India.
DATES: Applicable June 13, 2024.
FOR FURTHER INFORMATION CONTACT:
Shane Subler (CVD), Rachel Accorsi
(CVD), Benito Ballesteros (AD), or
Samuel Evans (AD), AD/CVD
Operations, Offices VIII and IX,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–6241,
(202) 482–3149, (202) 482–7425, or
(202) 482–2420, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
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Background
In accordance with section 705(d) of
the Tariff Act of 1930, as amended (the
Act), on April 22, 2024, Commerce
published its affirmative final
determination that countervailable
subsidies are being provided to
producers and exporters of steel
cylinders from India.1 Also on April 22,
2024, in accordance with section 735(d)
of the Act, Commerce published its
affirmative final determination in the
less-than-fair-value (LTFV) investigation
of steel cylinders from India.2
On June 6, 2024, pursuant to sections
705(d) and 735(d) of the Act, the ITC
notified Commerce of its final
affirmative determinations that an
industry in the United States is
materially injured by reason of
subsidized imports of steel cylinders
from India within the meaning of
section 705(b)(1)(A)(i) of the Act and
LTFV imports of steel cylinders from
India within the meaning of section
735(b)(1)(A)(i) of the Act.3
Scope of the Orders
The products covered by these orders
are steel cylinders from India. For a
complete description of the scope of the
orders, see the appendix to this notice.
AD Order
On June 6, 2024, in accordance with
section 735(d) of the Act, the ITC
notified Commerce of its final
determination that an industry in the
United States is materially injured
within the meaning of section
735(b)(1)(A)(i) of the Act by reason of
imports of steel cylinders from India
that are sold in the United States at
LTFV.4 Therefore, in accordance with
sections 735(c)(2) and 736 of the Act,
Commerce is issuing this AD order.
Moreover, because the ITC determined
that imports of steel cylinders from
India are materially injuring a U.S.
industry, unliquidated entries of such
merchandise from India entered or
withdrawn from warehouse for
consumption are subject to the
assessment of ADs.
1 See Certain Non-Refillable Steel Cylinders from
India: Final Affirmative Countervailing Duty
Determination, 89 FR 29296 (April 22, 2024) (CVD
Final Determination), and accompanying Issues and
Decision Memorandum (IDM).
2 See Final Affirmative Determination in the LessThan-Fair-Value Investigation of Certain NonRefillable Steel Cylinders from India, 89 FR 29294
(April 22, 2024), and accompanying IDM.
3 See ITC’s Letter, ‘‘Notification of ITC Final
Determinations,’’ dated June 6, 2024 (ITC
Notification Letter).
4 Id.
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Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Notices
Therefore, in accordance with section
736(a)(1) of the Act, Commerce will
direct U.S. Customs and Border
Protection (CBP) to assess, upon further
instruction by Commerce, ADs equal to
the amount by which the normal value
of the merchandise exceeds the export
price (or constructed export price) of the
merchandise on all relevant entries of
steel cylinders from India. ADs will be
assessed on unliquidated entries of steel
cylinders entered, or withdrawn from
warehouse, for consumption on or after
December 1, 2023, the date of
publication of the AD Preliminary
Determination,5 but will not include
entries occurring after the expiration of
the provisional measures period and
before publication of the ITC’s final
injury determination, as further
described below.
Continuation of Suspension of
Liquidation and Cash Deposits—AD
Except as noted in the ‘‘Provisional
Measures—AD’’ section of this notice,
in accordance with section 736 of the
Act, Commerce intends to instruct CBP
to continue to suspend liquidation on
all relevant entries of steel cylinders
from India. These instructions
suspending liquidation will remain in
effect until further notice.
Commerce also intends to instruct
CBP to require cash deposits equal to
the estimated weighted-average
dumping margins indicated in the table
below, adjusted by the relevant subsidy
offsets. Accordingly, effective on the
date of publication in the Federal
Register of the notice of the ITC’s final
affirmative injury determination, CBP
will require, at the same time as
importers would normally deposit
estimated customs duties on subject
merchandise, a cash deposit equal to the
rates listed in the table below. The allothers rate applies to all producers or
exporters not specifically listed, as
appropriate.6 Because the estimated
weighted-average dumping margin is
zero for subject merchandise produced
and exported by Inox, entries of
shipments of subject merchandise from
this producer/exporter combination are
excluded from the AD order on subject
merchandise from India. This exclusion
will not be applicable to merchandise
exported to the United States by this
respondent in any other producer/
exporter combination or by third parties
that sourced subject merchandise from
the excluded producer/exporter
combination.
Estimated Weighted-Average Dumping
Margins
The estimated weighted-average
dumping margins are as follows:
Estimated
weighted-average
dumping margin
(percent)
Exporter/producer
Bhiwadi Cylinders Private Limited; Sapphire (India) Private Limited ......................................................
Inox India Limited 8 ..................................................................................................................................
All Others .................................................................................................................................................
Provisional Measures—AD
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Section 733(d) of the Act states that
suspension of liquidation pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months, except where exporters
representing a significant proportion of
exports of the subject merchandise
request that Commerce extend the fourmonth period to no more than six
months. At the request of exporters that
accounted for a significant proportion of
exports of steel cylinders from India,
Commerce extended the four-month
period to no more than six months.9
Commerce published the AD
Preliminary Determination on December
1, 2023. Therefore, the six-month period
beginning on the date of the publication
of the AD Preliminary Determination
ended on May 28, 2024. Pursuant to
section 737(b) of the Act, the collection
of cash deposits at the rates listed above
will begin on the date of publication of
5 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) (AD
Preliminary Determination).
6 As noted below, merchandise produced and
exported by Inox India Limited (Inox) is excluded
from the AD order. Therefore, the all-others rate
applies to entries of any merchandise produced by
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the ITC’s final injury determination.
Therefore, in accordance with section
736(a)(1) of the Act and our practice,
Commerce will instruct CBP to
terminate the suspension of liquidation
and to liquidate, without regard to ADs,
unliquidated entries of steel cylinders
from India entered, or withdrawn from
warehouse, for consumption on May 29,
2024, the first day provisional measures
were no longer in effect, until and
through the day preceding the date of
publication of the ITC’s final injury
determination in the Federal Register.
Suspension of liquidation and the
collection of cash deposits will resume
on the date of publication of the ITC’s
final determination in the Federal
Register.
CVD Order
As stated above, based on the abovereferenced affirmative final
determination by the ITC that an
industry in the United States is
Inox and exported by any other company or
merchandise produced by any other company and
exported by Inox.
7 In the companion CVD investigation, Commerce
calculated a 2.14 percent export subsidy rate for
Bhiwadi Cylinders Private Limited and Sapphire
(India) Private Limited. See CVD Final
Determination IDM at 7–10.
8 Merchandise produced and exported by Inox is
excluded from the AD order. This exclusion does
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6.27
0.00
6.27
Cash deposit rate
(adjusted for
subsidy offsets)
(percent) 7
4.13
0.00
4.13
materially injured within the meaning
of section 705(b)(1)(A)(i) of the Act by
reason of subsidized imports of steel
cylinders from India,10 in accordance
with section 705(c)(2) of the Act,
Commerce is issuing this CVD order.
Moreover, because the ITC determined
that imports of steel cylinders from
India are materially injuring a U.S.
industry, unliquidated entries of subject
merchandise from India entered, or
withdrawn from warehouse, for
consumption, are subject to the
assessment of CVDs.
Therefore, in accordance with section
706(a) of the Act, Commerce intends to
direct CBP to assess, upon further
instruction by Commerce, CVDs on all
relevant entries of steel cylinders from
India, which are entered, or withdrawn
from warehouse, for consumption on or
after September 29, 2023, the date of
publication of the CVD Preliminary
Determination, but will not include
entries occurring after the expiration of
not apply to merchandise produced by Inox and
exported by any other company or merchandise
produced by any other company and exported by
Inox. Resellers of merchandise produced by Inox
are also not entitled to this exclusion.
9 See AD Preliminary Determination, 88 FR at
83908.
10 See ITC Notification Letter.
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Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Notices
the provisional measures period and
before the publication of the ITC’s final
injury determination under section
705(b) of the Act, as further described in
the ‘‘Provisional Measures—CVD’’
section of this notice.11
Suspension of Liquidation and Cash
Deposits—CVD
In accordance with section 706 of the
Act, Commerce intends to instruct CBP
to reinstitute the suspension of
liquidation of steel cylinders from India,
effective on the date of publication of
the ITC’s final affirmative injury
determination in the Federal Register.
These instructions suspending
liquidation will remain in effect until
further notice.
Commerce also intends, pursuant to
section 706(a)(1) of the Act, to instruct
CBP to require cash deposits equal to
the amounts as indicated below.
Accordingly, effective on the date of
publication of the ITC’s final affirmative
injury determination in the Federal
Register, CBP must require, at the same
time as importers would deposit
estimated normal customs duties on the
subject merchandise, a cash deposit for
each entry of subject merchandise equal
to the subsidy rates listed below. The
all-others rate applies to all producers or
exporters not specifically listed below,
as appropriate.
of the CVD Preliminary Determination
ended on January 26, 2024.
Therefore, in accordance with section
703(d) of the Act, we instructed CBP to
terminate the suspension of liquidation
and to liquidate, without regard to
CVDs, unliquidated entries of steel
cylinders from India entered, or
withdrawn from warehouse, for
consumption, on or after January 27,
2024, the date on which the provisional
measures expired, until and through the
day preceding the date of publication of
the ITC’s final injury determination in
the Federal Register. Suspension of
liquidation and the collection of cash
deposits will resume on the date of
publication of the ITC’s final
determination in the Federal Register.
Establishment of the Annual Inquiry
Service Lists
On September 20, 2021, Commerce
published the Final Rule in the Federal
Register.14 On September 27, 2021,
Commerce also published the
Procedural Guidance in the Federal
Register.15 The Final Rule and
Procedural Guidance provide that
Commerce will maintain an annual
inquiry service list for each order or
suspended investigation, and any
interested party submitting a scope
ruling application or request for
circumvention inquiry shall serve a
copy of the application or request on the
persons on the annual inquiry service
Estimated Countervailable Subsidy
list for that order, as well as any
Rates
companion order covering the same
merchandise from the same country of
Subsidy rate
origin.16
Company
(percent
In accordance with the Procedural
ad valorem)
Guidance, for orders published in the
Bhiwadi Cylinders Private
Federal Register after November 4,
Limited 12 ...........................
2.48 2021, Commerce will create an annual
Inox India Ltd ........................
2.26 inquiry service list segment in
All Others ..............................
2.38 Commerce’s online e-filing and
document management system,
Provisional Measures—CVD
Antidumping and Countervailing Duty
Electronic Service System (ACCESS),
Section 703(d) of the Act states that
available at https://access.trade.gov,
the suspension of liquidation pursuant
within five business days of publication
to an affirmative preliminary
of the notice of the order. Each annual
determination may not remain in effect
inquiry service list will be saved in
for more than four months. Commerce
ACCESS, under each case number, and
published the CVD Preliminary
under a specific segment type called
Determination on September 29, 2023.13
‘‘AISL-Annual Inquiry Service List.’’ 17
As such, the four-month period
beginning on the date of the publication
14 See Regulations to Improve Administration and
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11 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)
(CVD Preliminary Determination).
12 Commerce found the following company to be
cross-owned with Bhiwadi Cylinders Private
Limited: Sapphire (India) Private Limited. See CVD
Final Determination, 89 FR at 29297.
13 See CVD Preliminary Determination.
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Enforcement of Antidumping and Countervailing
Duty Laws, 86 FR 52300 (September 20, 2021)
(Final Rule).
15 See Scope Ruling Application; Annual Inquiry
Service List; and Informational Sessions, 86 FR
53205 (September 27, 2021) (Procedural Guidance).
16 Id.
17 This segment will be combined with the
ACCESS Segment Specific Information (SSI) field
which will display the month in which the notice
of the order or suspended investigation was
published in the Federal Register, also known as
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50259
Interested parties who wish to be
added to the annual inquiry service list
for an order must submit an entry of
appearance to the annual inquiry
service list segment for the order in
ACCESS within 30 days after the date of
publication of the order. For ease of
administration, Commerce requests that
law firms with more than one attorney
representing interested parties in an
order designate a lead attorney to be
included on the annual inquiry service
list. Commerce will finalize the annual
inquiry service list within five business
days thereafter. As mentioned in the
Procedural Guidance,18 the new annual
inquiry service list will be in place until
the following year, when the
Opportunity Notice for the anniversary
month of the order is published.
Commerce may update an annual
inquiry service list at any time as
needed based on interested parties’
amendments to their entries of
appearance to remove or otherwise
modify their list of members and
representatives, or to update contact
information. Any changes or
announcements pertaining to these
procedures will be posted to the
ACCESS website at https://
access.trade.gov.
Special Instructions for Petitioners and
Foreign Governments
In the Final Rule, Commerce stated
that, ‘‘after an initial request and
placement on the annual inquiry service
list, both petitioners and foreign
governments will automatically be
placed on the annual inquiry service list
in the years that follow.’’ 19
Accordingly, as stated above, the
petitioner and the Government of India
should submit their initial entries of
appearance after publication of this
notice in order to appear in the first
annual inquiry service lists for these
orders. Pursuant to 19 CFR
351.225(n)(3), the petitioner and the
Government of India will not need to
resubmit their entries of appearance
each year to continue to be included on
the annual inquiry service list.
However, the petitioner and the
Government of India are responsible for
making amendments to their entries of
appearance during the annual update to
the annual inquiry service list in
the anniversary month. For example, for an order
under case number A–000–000 that was published
in the Federal Register in January, the relevant
segment and SSI combination will appear in
ACCESS as ‘‘AISL-January Anniversary.’’ Note that
there will be only one annual inquiry service list
segment per case number, and the anniversary
month will be pre-populated in ACCESS.
18 See Procedural Guidance, 86 FR at 53206.
19 See Final Rule, 86 FR at 52335.
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Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Notices
accordance with the procedures
described above.
DEPARTMENT OF COMMERCE
International Trade Administration
Notification to Interested Parties
This notice constitutes the AD and
CVD orders with respect to steel
cylinders from India, pursuant to
sections 706(a) and 736(a) of the Act.
Interested parties can find a list of AD
and CVD orders currently in effect at
https://enforcement.trade.gov/stats/
iastats1.html.
These AD and CVD orders are issued
and published in accordance with
sections 706(a) and 736(a) of the Act,
and 19 CFR 351.211(b).
Dated: June 7, 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
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Scope of the Orders
The merchandise covered by these orders
is certain seamed (welded or brazed), nonrefillable 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 these orders.
Specifically excluded are seamless nonrefillable 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 7310.29.0030 and
7310.29.0065. Although the HTSUS
statistical reporting numbers are provided for
convenience and customs purposes, the
written description of the merchandise is
dispositive.
[FR Doc. 2024–13040 Filed 6–12–24; 8:45 am]
BILLING CODE 3510–DS–P
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[A–555–001]
Mattresses From Cambodia: Notice of
Court Decision Not in Harmony With
the Amended Final Determination of
Antidumping Duty Investigation;
Notice of Amended Final
Determination; Notice of Amended
Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
On May 16, 2024, the U.S.
Court of International Trade (CIT)
issued its final judgment in Best
Mattresses International Company
Limited and Rose Lion Furniture
International Company Limited v.
United States, Consol. Court No. 21–
00281, sustaining the U.S. Department
of Commerce’s (Commerce) remand
redetermination pertaining to the lessthan-fair-value (LTFV) investigation of
mattresses from Cambodia covering the
period of investigation January 1, 2019,
through December 31, 2019. Commerce
is notifying the public that the CIT’s
final judgment is not in harmony with
Commerce’s amended final
determination, and Commerce is
amending the amended final
determination with respect to the
dumping margins assigned to Best
Mattresses International Company
Limited (Best Mattresses) and Rose Lion
Furniture International Company
Limited (Rose Lion) (Best Mattresses/
Rose Lion) and all other producers and
exporters of subject merchandise.
DATES: Applicable May 26, 2024.
FOR FURTHER INFORMATION CONTACT:
Preston Cox, AD/CVD Operations,
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5041.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On March 25, 2021, Commerce
published its final determination in the
LTFV investigation of mattresses from
Cambodia.1 After correcting ministerial
errors contained the Final
Determination, on May 14, 2021,
1 See Mattresses from Cambodia: Final
Affirmative Determination of Sales at Less Than
Fair Value and Final Negative Determination of
Critical Circumstances, 86 FR 15894 (March 25,
2021) (Final Determination), and accompanying
Issues and Decision Memorandum (IDM).
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Commerce published the Amended
Final Determination and Order.2
Best Mattresses/Rose Lion 3 filed a
complaint before the CIT seeking
judicial review of Commerce’s
Amended Final Determination and
Order.4 On February 17, 2023, the CIT
sustained in part, and remanded, in
part, Commerce’s Amended Final
Determination and Order.5 Specifically,
the CIT remanded Commerce to further
explain or reconsider the following: (1)
the use of Cambodian Trademap data
under the transactions disregarded rule;
(2) the inclusion of imports from nonmarket economy (NME) and exportsubsidizing countries in the Cambodian
Trademap and six country Global Trade
Atlas (GTA) datasets when calculating
input cost of production and market
price under the transactions disregarded
and major input rules; and (3) the
conclusion that the financial statements
relied on in the Final Determination
were complete and publicly available.6
In its final results of redetermination
pursuant to the Remand Order, issued
on July 17, 2023, Commerce
reconsidered the three determinations
listed above.7 In the Remand
Redetermination, Commerce: (1)
continued to find Cambodia to be the
appropriate ‘‘market under
consideration’’ in this case; 8 (2)
continued to use Cambodian Trademap
and the six country GTA datasets, but
excluded data from NME countries and
countries with export subsidies; 9 and
(3) continued to find that, while the
2 See Mattresses from Cambodia, Indonesia,
Malaysia, Serbia, Thailand, the Republic of Turkey,
and the Socialist Republic of Vietnam:
Antidumping Duty Orders and Amended Final
Affirmative Antidumping Determination for
Cambodia, 86 FR 26460 (May 14, 2021) (Amended
Final Determination and Order); see also
Memorandum, ‘‘Antidumping Duty Investigation of
Mattresses from Cambodia: Allegations of
Ministerial Errors in Final Determination,’’ dated
April 19, 2021.
3 Commerce determined that Best Mattresses and
Rose Lion should be collapsed and treated as a
single entity, Best Mattresses/Rose Lion. See Final
Determination IDM at 1; see also Memorandum,
‘‘Less-Than-Fair-Value Investigation of Mattresses
from Cambodia: Affiliation and Collapsing Analysis
for Best Mattresses International Company Limited
and Rose Lion Furniture International Company
Limited,’’ dated October 27, 2020.
4 See Best Mattresses International Company
Limited v. United States, 622 F. Supp. 3d 1347 (CIT
February 17, 2023) (Remand Order).
5 Id., 622 F. Supp. 3d at 1397.
6 Id.
7 See Final Results of Redetermination Pursuant
to Court Remand, Best Mattresses International
Company Limited and Rose Lion Furniture
International Company Limited v. United States,
Court No. 21–00281, Slip Op. 23–19 (CIT February
17, 2023), dated July 17, 2023 (Remand
Redetermination), available at https://
access.trade.gov/resources/remands/23-19.pdf.
8 Id. at 5–8.
9 Id. at 8–9 and 17–28.
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]]>Agencies
[Federal Register Volume 89, Number 115 (Thursday, June 13, 2024)]
[Notices]
[Pages 50257-50260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13040]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-912, C-533-913]
Certain Non-Refillable Steel Cylinders From India: Antidumping
Duty and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the U.S.
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC), Commerce is issuing antidumping duty (AD) and
countervailing duty (CVD) orders on certain non-refillable steel
cylinders (steel cylinders) from India.
DATES: Applicable June 13, 2024.
FOR FURTHER INFORMATION CONTACT: Shane Subler (CVD), Rachel Accorsi
(CVD), Benito Ballesteros (AD), or Samuel Evans (AD), AD/CVD
Operations, Offices VIII and IX, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
6241, (202) 482-3149, (202) 482-7425, or (202) 482-2420, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with section 705(d) of the Tariff Act of 1930, as
amended (the Act), on April 22, 2024, Commerce published its
affirmative final determination that countervailable subsidies are
being provided to producers and exporters of steel cylinders from
India.\1\ Also on April 22, 2024, in accordance with section 735(d) of
the Act, Commerce published its affirmative final determination in the
less-than-fair-value (LTFV) investigation of steel cylinders from
India.\2\
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\1\ See Certain Non-Refillable Steel Cylinders from India: Final
Affirmative Countervailing Duty Determination, 89 FR 29296 (April
22, 2024) (CVD Final Determination), and accompanying Issues and
Decision Memorandum (IDM).
\2\ See Final Affirmative Determination in the Less-Than-Fair-
Value Investigation of Certain Non-Refillable Steel Cylinders from
India, 89 FR 29294 (April 22, 2024), and accompanying IDM.
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On June 6, 2024, pursuant to sections 705(d) and 735(d) of the Act,
the ITC notified Commerce of its final affirmative determinations that
an industry in the United States is materially injured by reason of
subsidized imports of steel cylinders from India within the meaning of
section 705(b)(1)(A)(i) of the Act and LTFV imports of steel cylinders
from India within the meaning of section 735(b)(1)(A)(i) of the Act.\3\
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\3\ See ITC's Letter, ``Notification of ITC Final
Determinations,'' dated June 6, 2024 (ITC Notification Letter).
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Scope of the Orders
The products covered by these orders are steel cylinders from
India. For a complete description of the scope of the orders, see the
appendix to this notice.
AD Order
On June 6, 2024, in accordance with section 735(d) of the Act, the
ITC notified Commerce of its final determination that an industry in
the United States is materially injured within the meaning of section
735(b)(1)(A)(i) of the Act by reason of imports of steel cylinders from
India that are sold in the United States at LTFV.\4\ Therefore, in
accordance with sections 735(c)(2) and 736 of the Act, Commerce is
issuing this AD order. Moreover, because the ITC determined that
imports of steel cylinders from India are materially injuring a U.S.
industry, unliquidated entries of such merchandise from India entered
or withdrawn from warehouse for consumption are subject to the
assessment of ADs.
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\4\ Id.
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[[Page 50258]]
Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, ADs equal to the amount
by which the normal value of the merchandise exceeds the export price
(or constructed export price) of the merchandise on all relevant
entries of steel cylinders from India. ADs will be assessed on
unliquidated entries of steel cylinders entered, or withdrawn from
warehouse, for consumption on or after December 1, 2023, the date of
publication of the AD Preliminary Determination,\5\ but will not
include entries occurring after the expiration of the provisional
measures period and before publication of the ITC's final injury
determination, as further described below.
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\5\ 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) (AD Preliminary
Determination).
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Continuation of Suspension of Liquidation and Cash Deposits--AD
Except as noted in the ``Provisional Measures--AD'' section of this
notice, in accordance with section 736 of the Act, Commerce intends to
instruct CBP to continue to suspend liquidation on all relevant entries
of steel cylinders from India. These instructions suspending
liquidation will remain in effect until further notice.
Commerce also intends to instruct CBP to require cash deposits
equal to the estimated weighted-average dumping margins indicated in
the table below, adjusted by the relevant subsidy offsets. Accordingly,
effective on the date of publication in the Federal Register of the
notice of the ITC's final affirmative injury determination, CBP will
require, at the same time as importers would normally deposit estimated
customs duties on subject merchandise, a cash deposit equal to the
rates listed in the table below. The all-others rate applies to all
producers or exporters not specifically listed, as appropriate.\6\
Because the estimated weighted-average dumping margin is zero for
subject merchandise produced and exported by Inox, entries of shipments
of subject merchandise from this producer/exporter combination are
excluded from the AD order on subject merchandise from India. This
exclusion will not be applicable to merchandise exported to the United
States by this respondent in any other producer/exporter combination or
by third parties that sourced subject merchandise from the excluded
producer/exporter combination.
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\6\ As noted below, merchandise produced and exported by Inox
India Limited (Inox) is excluded from the AD order. Therefore, the
all-others rate applies to entries of any merchandise produced by
Inox and exported by any other company or merchandise produced by
any other company and exported by Inox.
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Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
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\7\ In the companion CVD investigation, Commerce calculated a
2.14 percent export subsidy rate for Bhiwadi Cylinders Private
Limited and Sapphire (India) Private Limited. See CVD Final
Determination IDM at 7-10.
\8\ Merchandise produced and exported by Inox is excluded from
the AD order. This exclusion does not apply to merchandise produced
by Inox and exported by any other company or merchandise produced by
any other company and exported by Inox. Resellers of merchandise
produced by Inox are also not entitled to this exclusion.
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Cash deposit rate
Estimated weighted- (adjusted for
Exporter/producer average dumping subsidy offsets)
margin (percent) (percent) \7\
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Bhiwadi Cylinders Private 6.27 4.13
Limited; Sapphire (India)
Private Limited................
Inox India Limited \8\.......... 0.00 0.00
All Others...................... 6.27 4.13
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Provisional Measures--AD
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
that Commerce extend the four-month period to no more than six months.
At the request of exporters that accounted for a significant proportion
of exports of steel cylinders from India, Commerce extended the four-
month period to no more than six months.\9\ Commerce published the AD
Preliminary Determination on December 1, 2023. Therefore, the six-month
period beginning on the date of the publication of the AD Preliminary
Determination ended on May 28, 2024. Pursuant to section 737(b) of the
Act, the collection of cash deposits at the rates listed above will
begin on the date of publication of the ITC's final injury
determination. Therefore, in accordance with section 736(a)(1) of the
Act and our practice, Commerce will instruct CBP to terminate the
suspension of liquidation and to liquidate, without regard to ADs,
unliquidated entries of steel cylinders from India entered, or
withdrawn from warehouse, for consumption on May 29, 2024, the first
day provisional measures were no longer in effect, until and through
the day preceding the date of publication of the ITC's final injury
determination in the Federal Register. Suspension of liquidation and
the collection of cash deposits will resume on the date of publication
of the ITC's final determination in the Federal Register.
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\9\ See AD Preliminary Determination, 88 FR at 83908.
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CVD Order
As stated above, based on the above-referenced affirmative final
determination by the ITC that an industry in the United States is
materially injured within the meaning of section 705(b)(1)(A)(i) of the
Act by reason of subsidized imports of steel cylinders from India,\10\
in accordance with section 705(c)(2) of the Act, Commerce is issuing
this CVD order. Moreover, because the ITC determined that imports of
steel cylinders from India are materially injuring a U.S. industry,
unliquidated entries of subject merchandise from India entered, or
withdrawn from warehouse, for consumption, are subject to the
assessment of CVDs.
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\10\ See ITC Notification Letter.
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Therefore, in accordance with section 706(a) of the Act, Commerce
intends to direct CBP to assess, upon further instruction by Commerce,
CVDs on all relevant entries of steel cylinders from India, which are
entered, or withdrawn from warehouse, for consumption on or after
September 29, 2023, the date of publication of the CVD Preliminary
Determination, but will not include entries occurring after the
expiration of
[[Page 50259]]
the provisional measures period and before the publication of the ITC's
final injury determination under section 705(b) of the Act, as further
described in the ``Provisional Measures--CVD'' section of this
notice.\11\
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\11\ 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) (CVD Preliminary
Determination).
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Suspension of Liquidation and Cash Deposits--CVD
In accordance with section 706 of the Act, Commerce intends to
instruct CBP to reinstitute the suspension of liquidation of steel
cylinders from India, effective on the date of publication of the ITC's
final affirmative injury determination in the Federal Register. These
instructions suspending liquidation will remain in effect until further
notice.
Commerce also intends, pursuant to section 706(a)(1) of the Act, to
instruct CBP to require cash deposits equal to the amounts as indicated
below. Accordingly, effective on the date of publication of the ITC's
final affirmative injury determination in the Federal Register, CBP
must require, at the same time as importers would deposit estimated
normal customs duties on the subject merchandise, a cash deposit for
each entry of subject merchandise equal to the subsidy rates listed
below. The all-others rate applies to all producers or exporters not
specifically listed below, as appropriate.
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\12\ Commerce found the following company to be cross-owned with
Bhiwadi Cylinders Private Limited: Sapphire (India) Private Limited.
See CVD Final Determination, 89 FR at 29297.
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Estimated Countervailable Subsidy Rates
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Subsidy rate
Company (percent ad
valorem)
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Bhiwadi Cylinders Private Limited \12\.................. 2.48
Inox India Ltd.......................................... 2.26
All Others.............................................. 2.38
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Provisional Measures--CVD
Section 703(d) of the Act states that the suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months. Commerce published the CVD
Preliminary Determination on September 29, 2023.\13\ As such, the four-
month period beginning on the date of the publication of the CVD
Preliminary Determination ended on January 26, 2024.
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\13\ See CVD Preliminary Determination.
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Therefore, in accordance with section 703(d) of the Act, we
instructed CBP to terminate the suspension of liquidation and to
liquidate, without regard to CVDs, unliquidated entries of steel
cylinders from India entered, or withdrawn from warehouse, for
consumption, on or after January 27, 2024, the date on which the
provisional measures expired, until and through the day preceding the
date of publication of the ITC's final injury determination in the
Federal Register. Suspension of liquidation and the collection of cash
deposits will resume on the date of publication of the ITC's final
determination in the Federal Register.
Establishment of the Annual Inquiry Service Lists
On September 20, 2021, Commerce published the Final Rule in the
Federal Register.\14\ On September 27, 2021, Commerce also published
the Procedural Guidance in the Federal Register.\15\ The Final Rule and
Procedural Guidance provide that Commerce will maintain an annual
inquiry service list for each order or suspended investigation, and any
interested party submitting a scope ruling application or request for
circumvention inquiry shall serve a copy of the application or request
on the persons on the annual inquiry service list for that order, as
well as any companion order covering the same merchandise from the same
country of origin.\16\
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\14\ See Regulations to Improve Administration and Enforcement
of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September
20, 2021) (Final Rule).
\15\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\16\ Id.
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In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the
notice of the order. Each annual inquiry service list will be saved in
ACCESS, under each case number, and under a specific segment type
called ``AISL-Annual Inquiry Service List.'' \17\
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\17\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the Procedural Guidance,\18\ the new annual
inquiry service list will be in place until the following year, when
the Opportunity Notice for the anniversary month of the order is
published.
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\18\ See Procedural Guidance, 86 FR at 53206.
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Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website at https://access.trade.gov.
Special Instructions for Petitioners and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \19\ Accordingly, as stated
above, the petitioner and the Government of India should submit their
initial entries of appearance after publication of this notice in order
to appear in the first annual inquiry service lists for these orders.
Pursuant to 19 CFR 351.225(n)(3), the petitioner and the Government of
India will not need to resubmit their entries of appearance each year
to continue to be included on the annual inquiry service list. However,
the petitioner and the Government of India are responsible for making
amendments to their entries of appearance during the annual update to
the annual inquiry service list in
[[Page 50260]]
accordance with the procedures described above.
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\19\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties
This notice constitutes the AD and CVD orders with respect to steel
cylinders from India, pursuant to sections 706(a) and 736(a) of the
Act. Interested parties can find a list of AD and CVD orders currently
in effect at https://enforcement.trade.gov/stats/iastats1.html.
These AD and CVD orders are issued and published in accordance with
sections 706(a) and 736(a) of the Act, and 19 CFR 351.211(b).
Dated: June 7, 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
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 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 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
7310.29.0030 and 7310.29.0065. Although the HTSUS statistical
reporting numbers are provided for convenience and customs purposes,
the written description of the merchandise is dispositive.
[FR Doc. 2024-13040 Filed 6-12-24; 8:45 am]
BILLING CODE 3510-DS-P
