Non-Refillable Steel Cylinders From the People's Republic of China: Final Results and Partial Rescission of the Antidumping Duty Administrative Review; 2022-2023, 83639-83641 [2024-23987]
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Federal Register / Vol. 89, No. 201 / Thursday, October 17, 2024 / Notices
tires, of rubber, that are not new, including
recycled and retreaded tires; (2) nonpneumatic tires, such as solid rubber tires;
and (3) tires that exhibit each of the following
physical characteristics: (a) the designation
‘‘MH’’ is molded into the tire’s sidewall as
part of the size designation; (b) the tire
incorporates a warning, prominently molded
on the sidewall, that the tire is for ‘‘Mobile
Home Use Only;’’ and (c) the tire is of bias
construction (also known as non-radial
construction) as evidenced by the fact that
the construction code included in the size
designation molded into the tire’s sidewall is
not the letter ‘‘R.’’
The subject merchandise is currently
classifiable under Harmonized Tariff
Schedule of the United States (HTSUS)
subheadings: 4011.20.1015 and
4011.20.5020. Tires meeting the scope
description may also enter under the
following HTSUS subheadings:
4011.90.1010, 4011.90.1050, 4011.90.2010,
4011.90.2050, 4011.90.8010, 4011.90.8050,
8708.70.4530, 8708.70.4546, 8708.70.4548,
8708.70.4560, 8708.70.6030, 8708.70.6045,
8708.70.6060, and 8716.90.5059.
While HTSUS subheadings are provided
for convenience and for customs purposes,
the written description of the subject
merchandise is dispositive.
Appendix II
ddrumheller on DSK120RN23PROD with NOTICES1
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Final Affirmative Determination of
Critical Circumstances, in Part
IV. Changes from the Preliminary
Determination
V. Application of Facts Available and Use of
Adverse Inferences
VI. Discussion of the Issues
Comment 1: Treatment of Certain of
Bridgestone’s Sales Information and
Sales Expenses Based on Commerce’s
Findings at Verification and Whether
Commerce Should Apply Adverse Facts
Available (AFA) to Bridgestone
Comment 2: Whether Commerce Should
Adjust Bridgestone’s Normal Value (NV)
to Include Home Market (HM) Rebates
Comment 3: Whether Commerce Should
Apply Total AFA to Prinx
Comment 4: Whether Commerce Should
Apply Partial AFA to Certain of Prinx’s
Sales Expenses
Comment 5: Whether Commerce Should
Use Bridgestone’s Constructed Export
Price (CEP) Profit to Calculate Prinx’s
CEP Profit Rate
Comment 6: Whether Commerce Should
Rely on Bridgestone’s Reported Data for
Use in Prinx’s Constructed Value (CV)
Profit and Indirect Selling Expenses
Comment 7: Whether Prinx’s U.S.
Warranty Expenses, WARRU, Should Be
Applied to Prinx’s CEP Sales
Comment 8: Whether Commerce Should
Use the Cohen’s d Test
VII. Recommendation
[FR Doc. 2024–23917 Filed 10–16–24; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–126]
Non-Refillable Steel Cylinders From
the People’s Republic of China: Final
Results and Partial Rescission of the
Antidumping Duty Administrative
Review; 2022–2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is conducting an
administrative review of the
antidumping duty order on nonrefillable steel cylinders (non-refillable
cylinders) from the People’s Republic of
China (China). We determine that Wuyi
Xilinde Machinery Manufacture Co.,
Ltd. (Wuyi Xilinde) made sales at less
than normal value (NV) during the
period of review (POR) May 1, 2022,
through April 30, 2023. Additionally,
Commerce is rescinding this
administrative review with respect to
Ningbo Eagle Machinery & Technology
Co., Ltd. (Ningbo Eagle).
DATES: Applicable October 17, 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:
Background
On June 6, 2024, Commerce published
the Preliminary Results of this review in
the Federal Register and invited
interested parties to comment on those
results.1 On July 8, 2024, we received a
case brief from Wuyi Xilinde.2 No other
party to this proceeding submitted a
case or rebuttal brief. On July 22, 2024,
Commerce tolled certain deadlines in
this administrative proceeding by seven
days.3 The deadline for these final
results is now October 11, 2024. For a
complete description of the events that
occurred since the Preliminary Results,
see the Issues and Decision
1 See Non-Refillable Steel Cylinders from the
People’s Republic of China: Preliminary Results,
Partial Rescission, and Intent To Rescind, in Part,
of the Antidumping Duty Administrative Review;
2022–2023, 89 FR 48370 (June 6, 2024) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum.
2 See Wuyi Xilinde’s Case Brief, ‘‘Wuyi Xilinde’s
Case Brief,’’ dated July 8, 2024.
3 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
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83639
Memorandum.4 Commerce conducted
this review in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the Act).
Scope of the Order 5
The products covered by this Order
are non-refillable steel cylinders from
China. For a complete description of the
scope, see the Issues and Decision
Memorandum.
Analysis of Comments Received
The issue raised by Wuyi Xilinde in
its case brief is listed in the appendix to
this notice and addressed in the Issues
and Decision Memorandum. 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 at
https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on our review and analysis of
the comment received from Wuyi
Xilinde, we made one change to the
Preliminary Results margin calculation
for the respondent.6
Rescission of Review, in Part
In the Preliminary Results, Commerce
rescinded the review, in part, with
respect to two firms identified in the
Initiation Notice: 7 Sanjiang Kai Yuan
Co. Ltd. (SKY), in accordance with 19
CFR 351.213(d)(1), and Zhejiang KinShine Technology Co., Ltd. (Kin-Shine),
in accordance with 19 CFR
351.213(d)(3). For a third firm identified
in the Initiation Notice, Ningbo Eagle,
the Preliminary Results notified all
interested parties of Commerce’s
preliminary intent to rescind this
administrative review for this firm due
4 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Administrative Review of Non-Refillable Steel
Cylinders from the People’s Republic of China;
2022–2023,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
5 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) (Order).
6 See Memorandum, ‘‘Analysis for the Final
Results of the Administrative Review of NonRefillable Steel Cylinders from the People’s
Republic of China,’’ dated concurrently with this
notice.
7 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
44262 (July 12, 2023).
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83640
Federal Register / Vol. 89, No. 201 / Thursday, October 17, 2024 / Notices
to the absence of evidence of suspended
entries of subject merchandise from
Ningbo Eagle during the POR and
identified a period for parties to submit
comment. No parties provided comment
on Commerce’s intent to rescind review
on Ningbo Eagle. Accordingly,
Commerce is rescinding this review
with respect to Ningbo Eagle in
accordance with 19 CFR 351.213(d)(3).
As a result, Wuyi Xilinde is the sole
party initiated upon which remains
subject to the final results of review.
China-Wide Entity
Under Commerce’s policy regarding
the conditional review of the Chinawide entity,8 the China-wide entity will
not be under review unless a party
specifically requests, or Commerce selfinitiates, a review of the entity. Because
no party requested a review of the
China-wide entity in this review, the
entity is not under review, and the
entity’s rate (i.e., 112.21 percent) is not
subject to change.9
Final Results of the Review
Commerce determines the following
estimated weighted-average dumping
margins exist for the period May 1,
2022, through April 30, 2023:
Weightedaverage
dumping
margin
(percent)
Exporter
Wuyi Xilinde Machinery Manufacture Co., Ltd .......................
150.37
ddrumheller on DSK120RN23PROD with NOTICES1
Disclosure
Commerce intends to disclose to
parties to the proceeding the
calculations performed for these
preliminary results of review within five
days of the date of publication of this
notice in the Federal Register in
accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b), Commerce
has determined, and CBP shall assess,
antidumping duties on all appropriate
entries of subject merchandise in
accordance with these final results of
review. Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of these final results. If a
timely summons is filed at the U.S.
8 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
9 See Order, 86 FR 25840.
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Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
For Wuyi Xilinde, which has a final
weighted-average dumping margin that
is not zero or de minimis (i.e., less than
0.5 percent), we will calculate importerspecific assessment rates for that
respondent, in accordance with 19 CFR
351.212(b)(1). Pursuant to 19 CFR
351.212(b)(1), where the respondent
reported the entered value of its U.S.
sales, we will calculate importerspecific ad valorem assessment rates
based on the ratio of the total amount of
dumping calculated for the examined
sales to the total entered value of the
sales for which entered value was
reported. Where the respondent did not
report entered value, we will calculate
importer-specific per-unit duty
assessment rates based on the ratio of
the total amount of antidumping duties
calculated for the examined sales to the
total quantity of those sales. To
determine whether an importer-specific
per-unit assessment rate is de minimis
in accordance with 19 CFR
351.106(c)(2), we will also calculate an
importer-specific ad valorem ratio based
on estimated entered values.
Pursuant to a refinement in our nonmarket economy practice, for sales that
were not reported in the U.S. sales data
submitted by companies individually
examined during this review, we will
instruction CBP to liquidate entries
associated with those sales at the rate
for the China-wide entity.
For Ningbo Eagle, for which the
administrative review is rescinded,
antidumping duties shall be assessed at
a rate equal to the cash deposit of
estimated antidumping duties required
at the time of entry, or withdrawal from
warehouse, for consumption, in
accordance with 19 CFR
351.212(c)(1)(i).
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
review for shipments of the subject
merchandise from China entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided by section 751(a)(2)(C)
of the Act: (1) for Wuyi Xilinde, which
has a separate rate, the cash deposit rate
will be the rate established in these final
results of review; (2) for previously
investigated or reviewed Chinese and
non-Chinese exporters not listed above
that received a separate rate in a prior
segment of this proceeding, the cash
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deposit rate will continue to be the
existing exporter-specific rate; (3) for all
Chinese exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be that for the Chinawide entity (i.e., 101.67 percent 10); and
(4) for all non-Chinese exporters of
subject merchandise which have not
received their own rate, the cash deposit
rate will be the rate applicable to the
Chinese exporter that supplied that nonChinese exporter. These deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers Regarding the
Reimbursement of Duties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping and/or countervailing
duties prior to liquidation of the
relevant entries during this POR. Failure
to comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping and/or
countervailing duties has occurred and
the subsequent assessment of double
antidumping duties, and/or increase in
the amount of antidumping duties by
the amount of the countervailing duties.
Administrative Protective Order (APO)
This notice also serves as a reminder
to parties subject to an APO of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. 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
We are issuing and publishing these
final results of administrative review
and notice in accordance with sections
751(a)(1) and 777(i) of the Act, and 19
CFR 351.221(b)(5) and 19 CFR
351.213(h)(2).
10 This cash deposit rate is adjusted for subsidy
offsets. See Order, 86 FR 25840.
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Federal Register / Vol. 89, No. 201 / Thursday, October 17, 2024 / Notices
Dated: October 10, 2024.
Scot Fullerton,
Acting 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. Changes Since the Preliminary Results
V. Discussion of the Issue
Comment: Export Subsidy Adjustment
VI. Recommendation
[FR Doc. 2024–23987 Filed 10–16–24; 8:45 am]
Scope of the Order 5
The merchandise subject to the Order
is certain new pneumatic off-the-road
tires from India. For a full description
of the scope of the Order, see the Issues
and Decision Memorandum.
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–869]
Certain New Pneumatic Off-the-Road
Tires From India: Final Results of
Antidumping Duty Administrative
Review; 2022–2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
certain producers/exporters subject to
this administrative review made sales of
subject merchandise at less than normal
value during the period of review (POR)
March 1, 2022, through February 28,
2023.
DATES: Applicable October 17, 2024.
FOR FURTHER INFORMATION CONTACT: Lilit
Astvatsatrian, 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) 482–6412.
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
Background
On April 5, 2024, Commerce
published the Preliminary Results and
invited comments from interested
parties.1 On May 16, 2024, Titan Tire
Corporation (the petitioner), ATC Tires
Private Limited/ATC AP Tires Private
Limited (collectively, ATC), Asian Tire
Factory Ltd./Lyallpur Rubber Mills
(collectively, ATF), and Balkrishna
Industries Ltd. submitted timely-filed
case briefs. On May 23, 2024, the
petitioner, ATC, and ATF submitted
timely-filed rebuttal briefs. On July 3,
1 See Certain New Pneumatic Off-the-Road Tires
from India: Preliminary Results of Antidumping
Duty Administrative Review; 2022–2023, 89 FR
23973 (April 5, 2024) (Preliminary Results), and
accompanying Preliminary Decision Memorandum
(PDM).
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2024, Commerce extended the deadline
for the final results until October 2,
2024.2 On July 22, 2024, Commerce
tolled certain deadlines in this
administrative proceeding by seven
days.3 The deadline for the final results
is now October 9, 2024. For a complete
description of the events that occurred
since the Preliminary Results, see the
Issues and Decision Memorandum.4
Commerce conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs are listed in the appendix
to this notice and addressed in the
Issues and Decision Memorandum. 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.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, we made certain changes to the
margin calculations for ATC and ATF.6
Rate for Companies Not Selected for
Individual Examination
The Act and Commerce’s regulations
do not address the rate to be applied to
companies not selected for individual
examination when Commerce limits its
2 See Memorandum, ‘‘Extension of Deadline for
Final Results of 2022–2023 Antidumping Duty
Administrative Review,’’ dated July 3, 2024.
3 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
4 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2022–
2023 Administrative Review of the Antidumping
Duty Order on Certain New Pneumatic Off-the-Road
Tires from India,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
5 See Certain Now Pneumatic Off-the-Road Tires
from India: Antidumping Duly Order, 82 FR 12553
(March 6, 2017) (Order).
6 For a full description of these changes, see
Issues and Decision Memorandum.
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83641
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 instructions for calculating the
all-others rate in an investigation, for
guidance for calculating the rate for
companies which were not selected for
individual examination 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 any
zero or de minimis margins, and any
margins determined entirely on the
basis of facts available.
In this review, we calculated
weighted-average dumping margins of
2.62 percent and 2.76 percent for ATC
and ATF, respectively, and we have
assigned to the non-selected companies
a rate of 2.63 percent, which is the
weighted average of ATC and ATF’s
margins, weighted by their publicly
ranged U.S. sales values.7
Final Results of Review
For these final results, we determine
the following estimated weightedaverage dumping margins exist for the
period March 1, 2022, through February
28, 2023:
Producer or exporter
ATC Tires Private Limited; ATC
Tires AP Private Limited .........
Asian Tire Factory Ltd.; Lyallpur
Rubber Mills ............................
Companies Not Selected for Individual Review 8 .....................
Weightedaverage
dumping
margin
(percent)
2.62
2.76
2.63
7 With two respondents under examination,
Commerce normally calculates: (A) a weightedaverage of the dumping margins calculated for the
examined respondents; (B) a simple average of the
dumping margins calculated for the examined
respondents; and (C) a weighted-average of the
dumping margins calculated for the examined
respondents using each company’s publicly ranged
U.S. sale quantities for the merchandise under
consideration. Commerce then compares (B) and (C)
to (A) and selects the rate closest to (A) as the most
appropriate rate for all other producers and
exporters. See, e.g., Ball Bearings and Parts Thereof
from France, Germany, Italy, Japan, and the United
Kingdom: Final Results of Antidumping Duty
Administrative Reviews, Final Results of ChangedCircumstances Review, and Revocation of an Order
in Part, 75 FR 53661, 53663 (September 1, 2010).
See also Memorandum, ‘‘Calculation of the NonSelected Company Rate for the Final Results,’’
dated concurrently with this notice.
8 The exporters or producers not selected for
individual review are listed in Appendix II.
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Agencies
[Federal Register Volume 89, Number 201 (Thursday, October 17, 2024)]
[Notices]
[Pages 83639-83641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23987]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-126]
Non-Refillable Steel Cylinders From the People's Republic of
China: Final Results and Partial Rescission of the Antidumping Duty
Administrative Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty order on non-refillable
steel cylinders (non-refillable cylinders) from the People's Republic
of China (China). We determine that Wuyi Xilinde Machinery Manufacture
Co., Ltd. (Wuyi Xilinde) made sales at less than normal value (NV)
during the period of review (POR) May 1, 2022, through April 30, 2023.
Additionally, Commerce is rescinding this administrative review with
respect to Ningbo Eagle Machinery & Technology Co., Ltd. (Ningbo
Eagle).
DATES: Applicable October 17, 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 June 6, 2024, Commerce published the Preliminary Results of this
review in the Federal Register and invited interested parties to
comment on those results.\1\ On July 8, 2024, we received a case brief
from Wuyi Xilinde.\2\ No other party to this proceeding submitted a
case or rebuttal brief. On July 22, 2024, Commerce tolled certain
deadlines in this administrative proceeding by seven days.\3\ The
deadline for these final results is now October 11, 2024. For a
complete description of the events that occurred since the Preliminary
Results, see the Issues and Decision Memorandum.\4\ Commerce conducted
this review in accordance with section 751(a) of the Tariff Act of
1930, as amended (the Act).
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\1\ See Non-Refillable Steel Cylinders from the People's
Republic of China: Preliminary Results, Partial Rescission, and
Intent To Rescind, in Part, of the Antidumping Duty Administrative
Review; 2022-2023, 89 FR 48370 (June 6, 2024) (Preliminary Results),
and accompanying Preliminary Decision Memorandum.
\2\ See Wuyi Xilinde's Case Brief, ``Wuyi Xilinde's Case
Brief,'' dated July 8, 2024.
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of Non-Refillable Steel
Cylinders from the People's Republic of China; 2022-2023,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Scope of the Order \5\
---------------------------------------------------------------------------
\5\ 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) (Order).
---------------------------------------------------------------------------
The products covered by this Order are non-refillable steel
cylinders from China. For a complete description of the scope, see the
Issues and Decision Memorandum.
Analysis of Comments Received
The issue raised by Wuyi Xilinde in its case brief is listed in the
appendix to this notice and addressed in the Issues and Decision
Memorandum. 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 at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on our review and analysis of the comment received from Wuyi
Xilinde, we made one change to the Preliminary Results margin
calculation for the respondent.\6\
---------------------------------------------------------------------------
\6\ See Memorandum, ``Analysis for the Final Results of the
Administrative Review of Non-Refillable Steel Cylinders from the
People's Republic of China,'' dated concurrently with this notice.
---------------------------------------------------------------------------
Rescission of Review, in Part
In the Preliminary Results, Commerce rescinded the review, in part,
with respect to two firms identified in the Initiation Notice: \7\
Sanjiang Kai Yuan Co. Ltd. (SKY), in accordance with 19 CFR
351.213(d)(1), and Zhejiang Kin-Shine Technology Co., Ltd. (Kin-Shine),
in accordance with 19 CFR 351.213(d)(3). For a third firm identified in
the Initiation Notice, Ningbo Eagle, the Preliminary Results notified
all interested parties of Commerce's preliminary intent to rescind this
administrative review for this firm due
[[Page 83640]]
to the absence of evidence of suspended entries of subject merchandise
from Ningbo Eagle during the POR and identified a period for parties to
submit comment. No parties provided comment on Commerce's intent to
rescind review on Ningbo Eagle. Accordingly, Commerce is rescinding
this review with respect to Ningbo Eagle in accordance with 19 CFR
351.213(d)(3). As a result, Wuyi Xilinde is the sole party initiated
upon which remains subject to the final results of review.
---------------------------------------------------------------------------
\7\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 44262 (July 12, 2023).
---------------------------------------------------------------------------
China-Wide Entity
Under Commerce's policy regarding the conditional review of the
China-wide entity,\8\ the China-wide entity will not be under review
unless a party specifically requests, or Commerce self-initiates, a
review of the entity. Because no party requested a review of the China-
wide entity in this review, the entity is not under review, and the
entity's rate (i.e., 112.21 percent) is not subject to change.\9\
---------------------------------------------------------------------------
\8\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\9\ See Order, 86 FR 25840.
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Final Results of the Review
Commerce determines the following estimated weighted-average
dumping margins exist for the period May 1, 2022, through April 30,
2023:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Wuyi Xilinde Machinery Manufacture Co., Ltd................ 150.37
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose to parties to the proceeding the
calculations performed for these preliminary results of review within
five days of the date of publication of this notice in the Federal
Register in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce has determined, and CBP shall assess, antidumping duties on
all appropriate entries of subject merchandise in accordance with these
final results of review. Commerce intends to issue assessment
instructions to CBP no earlier than 35 days after the date of
publication of these final results. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
For Wuyi Xilinde, which has a final weighted-average dumping margin
that is not zero or de minimis (i.e., less than 0.5 percent), we will
calculate importer-specific assessment rates for that respondent, in
accordance with 19 CFR 351.212(b)(1). Pursuant to 19 CFR 351.212(b)(1),
where the respondent reported the entered value of its U.S. sales, we
will calculate importer-specific ad valorem assessment rates based on
the ratio of the total amount of dumping calculated for the examined
sales to the total entered value of the sales for which entered value
was reported. Where the respondent did not report entered value, we
will calculate importer-specific per-unit duty assessment rates based
on the ratio of the total amount of antidumping duties calculated for
the examined sales to the total quantity of those sales. To determine
whether an importer-specific per-unit assessment rate is de minimis in
accordance with 19 CFR 351.106(c)(2), we will also calculate an
importer-specific ad valorem ratio based on estimated entered values.
Pursuant to a refinement in our non-market economy practice, for
sales that were not reported in the U.S. sales data submitted by
companies individually examined during this review, we will instruction
CBP to liquidate entries associated with those sales at the rate for
the China-wide entity.
For Ningbo Eagle, for which the administrative review is rescinded,
antidumping duties shall be assessed at a rate equal to the cash
deposit of estimated antidumping duties required at the time of entry,
or withdrawal from warehouse, for consumption, in accordance with 19
CFR 351.212(c)(1)(i).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for shipments of the
subject merchandise from China entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
section 751(a)(2)(C) of the Act: (1) for Wuyi Xilinde, which has a
separate rate, the cash deposit rate will be the rate established in
these final results of review; (2) for previously investigated or
reviewed Chinese and non-Chinese exporters not listed above that
received a separate rate in a prior segment of this proceeding, the
cash deposit rate will continue to be the existing exporter-specific
rate; (3) for all Chinese exporters of subject merchandise that have
not been found to be entitled to a separate rate, the cash deposit rate
will be that for the China-wide entity (i.e., 101.67 percent \10\); and
(4) for all non-Chinese exporters of subject merchandise which have not
received their own rate, the cash deposit rate will be the rate
applicable to the Chinese exporter that supplied that non-Chinese
exporter. These deposit requirements, when imposed, shall remain in
effect until further notice.
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\10\ This cash deposit rate is adjusted for subsidy offsets. See
Order, 86 FR 25840.
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Notification to Importers Regarding the Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this POR. Failure
to comply with this requirement could result in Commerce's presumption
that reimbursement of antidumping and/or countervailing duties has
occurred and the subsequent assessment of double antidumping duties,
and/or increase in the amount of antidumping duties by the amount of
the countervailing duties.
Administrative Protective Order (APO)
This notice also serves as a reminder to parties subject to an APO
of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. 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
We are issuing and publishing these final results of administrative
review and notice in accordance with sections 751(a)(1) and 777(i) of
the Act, and 19 CFR 351.221(b)(5) and 19 CFR 351.213(h)(2).
[[Page 83641]]
Dated: October 10, 2024.
Scot Fullerton,
Acting 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. Changes Since the Preliminary Results
V. Discussion of the Issue
Comment: Export Subsidy Adjustment
VI. Recommendation
[FR Doc. 2024-23987 Filed 10-16-24; 8:45 am]
BILLING CODE 3510-DS-P