Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices 28189 

1See Petitioners’ Letter, ‘‘Steel Propane Cylinders 

from the People’s Republic of China, Taiwan, and 

Thailand: Petition for the Imposition of 

Antidumping and Countervailing Duties,’’ dated 

May 22, 2018 (the Petitions). For the purposes of 

the instant notice, all references to ‘the Petition,’ 

herein, refer specifically to the CVD Petition, and 

all references to ‘‘AD Petitions,’’ herein refer 

specifically to the petitioners filed in the 

companion AD proceedings. 

2See Petition at Volume I at 1–2. 

3See Petitioners’ Letter, ‘‘Steel Propane Cylinders 

from the People’s Republic of China, Taiwan, and 

Thailand: Petitioners’ Amendment to Volume I 

Relating to General Issues,’’ dated May 24, 2018 

(Scope Amendment). 

4See Department Letter re: Petition for the 

Imposition of Countervailing Duties on Imports of 

Steel Propane Cylinders from the People’s Republic 

of China: Supplemental Questions, dated May 25, 

2018; and Department Letter re: Petitions for the 

Imposition of Antidumping and Countervailing 

Duties on Imports of Steel Propane Cylinders from 

the People’s Republic of China, Taiwan, and 

Thailand: Supplemental Questions, dated May 25, 

2018 (Petition Supplemental Questions). 

5See Petitioners’ Letter, ‘‘Steel Propane Cylinders 

from the People’s Republic of China, Taiwan, and 

Thailand—Petitioners’ Supplement to Volume I 

Relating to General Issues,’’ dated May 30, 2018 

(General Issues Supplement); see also Petitioners’ 

Letter, ‘‘Steel Propane Cylinders from the People’s 

Republic of China, Taiwan, and Thailand— 

Petitioners’ Amendment to Volume V Relating to 

the People’s Republic of China Countervailing 

Duties,’’ dated May 30, 2018 (China CVD Petition 

Supplement). 

6See General Issues Supplement at 11–12. 

7See ‘‘Determination of Industry Support for the 

Petition’’ section, infra. 

8See 19 CFR 351.204(b)(2). 

9See Petition Supplemental Questions; see also 

General Issues Supplement at 11–12. 

10See Antidumping Duties; Countervailing 

Duties, Final Rule, 62 FR 27296, 27323 (May 19, 

1997) (Preamble); see also General Issues 

Supplement, at 4 and 8–9. On June 11, 2018, the 

petitioners filed proposed revisions to the scope 

language for Commerce’s consideration. See letter 

Continued 

Long-Term ICO Financing to Angel 

Camacho 

Comment 17: Whether Commerce Should 

Adjust the Calculation of European 

Investment Bank (EIB) Financing 

Received by Agro Sevilla 

Comment 18: Whether To Apply AFA to 

the CDTI Program 

Comment 19: Whether the CDTI Program is 

Export Specific 

Comment 20: Whether Commerce Should 

Apply AFA to Angel Camacho’s 

Unreported Grant Presented at 

Verification 

Comment 21: Whether Commerce Should 

Rely on ‘‘Unverified’’ Information 

Comment 22: Whether Commerce Should 

Adjust the Volume of Raw Olives 

Purchased to Account for Waste Loss 

Comment 23: Whether Commerce Should 

Accept Rejected Submission from the 

GOS and the Respondents 

Comment 24: Comments on the 

Verification Reports 

Comment 26: Whether Commerce’s 

Conduct in This Investigation Meets the 

Requirements of the ASCM 

Comment 26: Whether Other Discovered 

Subsidies Should be Included in this 

Investigation and Whether Other 

Assistance Can Form the Basis for 

Applying AFA 

Comment 27: Whether Commerce Should 

Include the Corrections of the Alleged 

Ministerial Errors 

Comment 28: Commerce Must Use 

Corrected and Revised Data in the 

Calculations 

Comment 29: Whether To Clarify the Scope 

of the Investigation to Include Ripe 

Olives Contained in Cocktail Mixes 

Comment 30: The Product to Which the 

Countervailing Duty Applies 

X. Recommendation 

[FR Doc. 2018–12990 Filed 6–15–18; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–087] 

Steel Propane Cylinders From the 

People’s Republic of China: Initiation 

of Countervailing Duty Investigation 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Applicable June 11, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Samuel Brummitt, 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) 482–7851. 

SUPPLEMENTARY INFORMATION: 

The Petition 

On May 22, 2018, the U.S. 

Department of Commerce (Commerce) 

received a countervailing duty (CVD) 

petition concerning imports of steel 

propane cylinders from the People’s 

Republic of China (China), and 

antidumping duty (AD) petitions 

concerning imports of steel propane 

cylinders from China, Taiwan, and 

Thailand filed in proper form on behalf 

of Worthington Industries and 

Manchester Tank & Equipment Co. (the 

petitioners).1 The petitioners are 

domestic producers of steel propane 

cylinders.2

The petitioners amended the scope of 

the petitioners on May 24, 2018.3 On 

May 25, 2018, Commerce requested 

supplemental information pertaining to 

certain areas of the petition.4 The 

petitioners filed responses to these 

requests on May 30, 2018.5 On May 30, 

2018, the petitioners submitted certain 

revisions to the scope.6

In accordance with section 702(b)(1) 

of the Tariff Act of 1930, as amended 

(the Act), the petitioners allege that the 

Government of China (GOC) is 

providing countervailable subsidies, 

within the meaning of sections 701 and 

771(5) of the Act, to producers of steel 

propane cylinders in China and imports 

of such products are materially injuring, 

or threatening material injury to, the 

domestic steel propane cylinders 

industry in the United States. Consistent 

with section 702(b)(1) of the Act and 19 

CFR 351.202(b), for those alleged 

programs on which we are initiating a 

CVD investigation, the petition is 

accompanied by information reasonably 

available to the petitioners supporting 

their allegations. 

Commerce finds that the petitioners 

filed the petition on behalf of the 

domestic industry because the 

petitioners are interested parties as 

defined in section 771(9)(C) of the Act. 

We also find that the petitioners 

demonstrated sufficient industry 

support with respect to the initiation of 

this CVD investigation that the 

petitioners are requesting.7

Period of Investigation 

Because the petition was filed on May 

22, 2018, the period of investigation is 

January 1, 2017, through December 31, 

2017.8

Scope of the Investigation 

The products covered by this 

investigation are steel propane cylinders 

from China. For a full description of the 

scope of the investigation, see the 

Appendix to this notice. 

Comments on Scope of the Investigation 

During our review of the petition, 

Commerce issued questions to, and 

received responses from, the petitioners 

pertaining to the proposed scope to 

ensure that the scope language in the 

petition is an accurate reflection of the 

product for which the domestic industry 

is seeking relief.9 As a result of these 

exchanges, the scope of the petition was 

modified to clarify the description of 

merchandise covered by the petition. 

The description of the merchandise 

covered by this initiation, as described 

in the Appendix to this notice, reflects 

these clarifications. 

As discussed in the Preamble to 

Commerce’s regulations, we are setting 

aside a period for interested parties to 

raise issues regarding product coverage 

(scope), including comments on 

whether it is appropriate to refer to the 

subject merchandise as ‘‘steel propane 

cylinders’’ (emphasis added) or just as 

‘‘steel cylinders,’’ given that the 

petitioners intend to cover all products 

that meet the physical description of the 

scope regardless of whether they 

ultimately contain or transport 

compressed or liquefied propane gas.10


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from the petitioners, ‘‘Steel Propane Cylinders from 

the People’s Republic of China, Taiwan, and 

Thailand—Amended Scope Language,’’ dated June 

11, 2018. 

11See 19 CFR 351.102(b)(21) (defining ‘‘factual 

information’’). 

12Because the 20th day is July 1, 2018, a Sunday, 

the filing deadline is Monday, July 2, 2018. 

13See 19 CFR 351.303(b). 

14See Antidumping and Countervailing Duty 

Proceedings: Electronic Filing Procedures; 

Administrative Protective Order Procedures, 76 FR 

39263 (July 6, 2011). See also Enforcement and 

Compliance: Change of Electronic Filing System 

Name, 79 FR 69046 (November 20, 2014) for details 

of Commerce’s electronic filing requirements, 

effective August 5, 2011. Information on help using 

ACCESS can be found at https://access.trade.gov/ 

help.aspx, and a handbook can be found at https:// 

access.trade.gov/help/Handbook%20on%20

Electronic%20Filling%20Procedures.pdf. 

15See Department Letter re: Countervailing Duty 

Petition on Steel Propane Cylinders from the 

People’s Republic of China: Invitation for 

Consultations to Discuss the Countervailing Duty 

Petition, dated May 23, 2018. 16See Memorandum, ‘‘Invitation to the 

Government of the People’s Republic of China for 

Consultations on the Steel Propane Cylinders 

Countervailing Duty Petition,’’ dated June 7, 2018. 

17See section 771(10) of the Act. 

18See USEC, Inc. v. United States, 132 F. Supp. 

2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. 

v. United States, 688 F. Supp. 639, 644 (CIT 1988), 

aff’d 865 F.2d 240 (Fed. Cir. 1989)). 

19See Petition at Volume I at 10–12; see also 

General Issues Supplement at 13–18. 

20For a discussion of the domestic like product 

analysis as applied to this case and information 

regarding industry support, see Countervailing Duty 

Investigation Initiation Checklist: Steel Propane 

Cylinders from the People’s Republic of China 

(China CVD Initiation Checklist) at Attachment II: 

Analysis of Industry Support for the Antidumping 

and Countervailing Duty Petitions Covering Steel 

Propane Cylinders from the People’s Republic of 

China, Taiwan, and Thailand (Attachment II). This 

checklist is dated concurrently with this notice and 

on file electronically via ACCESS. Access to 

documents filed via ACCESS is also available in the 

Central Records Unit, Room B8024 of the main 

Department of Commerce building. 

21See Petition at Volume I at 3–4 and Exhibit 

GEN–2. 

Commerce will consider all comments 

received from interested parties and, if 

necessary, will consult with interested 

parties prior to the issuance of the 

preliminary determination. If scope 

comments include factual 

information,11 all such factual 

information should be limited to public 

information. To facilitate preparation of 

its questionnaires, Commerce requests 

that all interested parties submit 

comments within 20 calendar days from 

the signature date of this notice. As 

such, scope comments must be filed by 

5:00 p.m. Eastern Time (ET) on July 2, 

2018.12 Any rebuttal comments, which 

may include factual information, must 

be filed by 5:00 p.m. ET on July 12, 

2018, which is 10 calendar days from 

the initial comments deadline.13

Commerce requests that any factual 

information the parties consider 

relevant to the scope of the investigation 

be submitted during this time period. 

However, if a party subsequently finds 

that additional factual information 

pertaining to the scope of the 

investigation may be relevant, the party 

may contact Commerce and request 

permission to submit the additional 

information. All such comments must 

be filed on the records of each of the 

concurrent AD and CVD investigations, 

in accordance with the filing 

requirements, discussed immediately 

below. 

Filing Requirements 

All submissions to Commerce must be 

filed electronically using Enforcement 

and Compliance’s Antidumping Duty 

and Countervailing Duty Centralized 

Electronic Service System (ACCESS).14

An electronically filed document must 

be received successfully in its entirety 

by the time and date it is due. 

Documents exempted from the 

electronic submission requirements 

must be filed manually (i.e., in paper 

form) with Enforcement and 

Compliance’s APO/Dockets Unit, Room 

18022, U.S. Department of Commerce, 

1401 Constitution Avenue NW, 

Washington, DC 20230, and stamped 

with the date and time of receipt by the 

applicable deadlines. 

Consultations 

Pursuant to sections 702(b)(4)(A)(i) 

and (ii) of the Act, Commerce notified 

representatives of the GOC of the receipt 

of the petition, and provided them the 

opportunity for consultations.15 The 

GOC did not request consultations.16

Determination of Industry Support for 

the Petition 

Section 702(b)(1) of the Act requires 

that a petition be filed on behalf of the 

domestic industry. Section 702(c)(4)(A) 

of the Act provides that a petition meets 

this requirement if the domestic 

producers or workers who support the 

petition account for: (i) At least 25 

percent of the total production of the 

domestic like product; and (ii) more 

than 50 percent of the production of the 

domestic like product produced by that 

portion of the industry expressing 

support for, or opposition to, the 

petition. Moreover, section 702(c)(4)(D) 

of the Act provides that, if the petition 

does not establish support of domestic 

producers or workers accounting for 

more than 50 percent of the total 

production of the domestic like product, 

Commerce shall: (i) Poll the industry or 

rely on other information in order to 

determine if there is support for the 

petition, as required by subparagraph 

(A); or (ii) determine industry support 

using a statistically valid sampling 

method to poll the ‘‘industry.’’ 

Section 771(4)(A) of the Act defines 

the ‘‘industry’’ as the producers, as a 

whole, of a domestic like product. Thus, 

to determine whether a petition has the 

requisite industry support, the statute 

directs Commerce to look to producers 

and workers who produce the domestic 

like product. The International Trade 

Commission (ITC), which is responsible 

for determining whether ‘‘the domestic 

industry’’ has been injured, must also 

determine what constitutes a domestic 

like product in order to define the 

industry. While both Commerce and the 

ITC must apply the same statutory 

definition regarding the domestic like 

product,17 they do so for different 

purposes and pursuant to a separate and 

distinct authority. In addition, 

Commerce’s determination is subject to 

limitations of time and information. 

Although this may result in different 

definitions of the like product, such 

differences do not render the decision of 

either agency contrary to law.18

Section 771(10) of the Act defines the 

domestic like product as ‘‘a product 

which is like, or in the absence of like, 

most similar in characteristics and uses 

with, the article subject to an 

investigation under this title.’’ Thus, the 

reference point from which the 

domestic like product analysis begins is 

‘‘the article subject to an investigation’’ 

(i.e., the class or kind of merchandise to 

be investigated, which normally will be 

the scope as defined in the petition). 

With regard to the domestic like 

product, the petitioners do not offer a 

definition of the domestic like product 

distinct from the scope of the 

investigation.19 Based on our analysis of 

the information submitted on the 

record, we have determined that steel 

propane cylinders, as defined in the 

scope, constitute a single domestic like 

product, and we have analyzed industry 

support in terms of that domestic like 

product.20

In determining whether the 

petitioners have standing under section 

702(c)(4)(A) of the Act, we considered 

the industry support data contained in 

the petition with reference to the 

domestic like product as defined in the 

‘‘Scope of the Investigation,’’ in the 

Appendix to this notice. To establish 

industry support, the petitioners 

provided their own production of the 

domestic like product in 2017.21 The 

petitioners state that there are no other 

known producers of steel propane 

cylinders in the United States; therefore, 


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22 Id., at 3–4; Exhibit GEN–1; and Exhibit GEN– 

2. For further discussion, see China CVD Initiation 

Checklist at Attachment II. 

23 Id. 

24 Id.; see also section 702(c)(4)(D) of the Act. 

25See China CVD Initiation Checklist at 

Attachment II. 

26 Id. 

27 Id. 

28See Petition at Volume I at 13–14 and Exhibit 

GEN–1. 

29 Id., at 9–25; Exhibit GEN–1; and Exhibits GEN– 

7 through GEN–15; see also General Issues 

Supplement at 3 and Exhibit GEN–Supp–2. 

30See China CVD Initiation Checklist at 

Attachment III: Analysis of Allegations and 

Evidence of Material Injury and Causation for the 

Antidumping and Countervailing Duty Petitions 

Covering Steel Propane Cylinders from the People’s 

Republic of China, Taiwan, and Thailand 

(Attachment III). 

31See Petition at Volume I at Exhibit GEN–7. 

32See Memorandum, ‘‘U.S. Customs Data for 

Respondent Selection,’’ dated June 6, 2018. 

the petition is supported by 100 percent 

of the U.S. industry.22

Our review of the data provided in the 

petition and other information readily 

available to Commerce indicates that the 

petitioners have established industry 

support for the petition.23 First, the 

petition established support from 

domestic producers (or workers) 

accounting for more than 50 percent of 

the total production of the domestic like 

product and, as such, Commerce is not 

required to take further action in order 

to evaluate industry support (e.g., 

polling).24 Second, the domestic 

producers (or workers) have met the 

statutory criteria for industry support 

under section 702(c)(4)(A)(i) of the Act 

because the domestic producers (or 

workers) who support the petition 

account for at least 25 percent of the 

total production of the domestic like 

product.25 Finally, the domestic 

producers (or workers) have met the 

statutory criteria for industry support 

under section 702(c)(4)(A)(ii) of the Act 

because the domestic producers (or 

workers) who support the petition 

account for more than 50 percent of the 

production of the domestic like product 

produced by that portion of the industry 

expressing support for, or opposition to, 

the petition.26 Accordingly, Commerce 

determines that the petition was filed on 

behalf of the domestic industry within 

the meaning of section 702(b)(1) of the 

Act. 

Commerce finds that the petitioners 

filed the petition on behalf of the 

domestic industry because they are 

interested parties as defined in section 

771(9)(C) of the Act, and they have 

demonstrated sufficient industry 

support with respect to the CVD 

investigation that they are requesting 

that Commerce initiate.27

Injury Test 

Because China is ‘‘Subsidies 

Agreement Country’’ within the 

meaning of section 701(b) of the Act, 

section 701(a)(2) of the Act applies to 

this investigation. Accordingly, the ITC 

must determine whether imports of the 

subject merchandise from China 

materially injure, or threaten material 

injury to, a U.S. industry. 

Allegations and Evidence of Material 

Injury and Causation 

The petitioners allege that imports of 

the subject merchandise are benefitting 

from countervailable subsidies and that 

such imports are causing, or threaten to 

cause, material injury to the U.S. 

industry producing the domestic like 

product. In addition, the petitioners 

allege that subject imports exceed the 

negligibility threshold provided for 

under section 771(24)(A) of the Act.28

The petitioners contend that the 

industry’s injured condition is 

illustrated by a significant and 

increasing volume of imports from the 

subject countries; the domestic 

industry’s reduced market share; 

underselling and price depression or 

suppression; a negative impact on the 

domestic industry’s production, 

shipments, capacity utilization, and 

financial performance; and lost sales 

and revenues.29 We have assessed the 

allegations and supporting evidence 

regarding material injury, threat of 

material injury, and causation, and we 

have determined that these allegations 

are properly supported by adequate 

evidence, and meet the statutory 

requirements for initiation.30

Initiation of CVD Investigation 

Based on our examination of the 

petition, we find that it meets the 

requirements of section 702 of the Act. 

We find that there is sufficient 

information to initiate a CVD 

investigation on all of the subsidy 

programs alleged in the petition. 

Therefore, we are initiating a CVD 

investigation to determine whether 

imports of steel propane cylinders from 

China benefit from countervailable 

subsidies conferred by the GOC. For a 

full discussion of the basis for our 

decision to initiate on each program, see 

the China CVD Initiation Checklist. A 

public version of the initiation checklist 

for this investigation is available on 

ACCESS. 

In accordance with section 703(b)(1) 

of the Act and 19 CFR 351.205(b)(1), 

unless postponed, we will make our 

preliminary determination no later than 

65 days after the date of this initiation. 

Respondent Selection 

The petition named ten companies in 

China as producers/exporters of steel 

propane cylinders.31 Commerce intends 

to follow its standard practice for a CVD 

investigation and calculate companyspecific subsidy rates in this 

investigation. In the event Commerce 

determines that the number of 

companies is large and it cannot 

individually examine each company 

based upon Commerce’s resources, 

where appropriate, Commerce intends 

to select mandatory respondents based 

on U.S. Customs and Border Protection 

(CBP) data for U.S. imports of steel 

propane cylinders from China during 

the POI under the appropriate 

Harmonized Tariff Schedule of the 

United States numbers listed in the 

‘‘Scope of the Investigation,’’ in the 

Appendix. 

On June 6, 2018, Commerce released 

CBP data from China under 

Administrative Protective Order (APO) 

to all parties with access to information 

protected by APO and indicated that 

interested parties wishing to comment 

regarding the CBP data and respondent 

selection must do so within three 

business days of the publication date of 

the notice of initiation of this CVD 

investigation.32 Commerce will not 

accept rebuttal comments regarding the 

CBP data or respondent selection. 

Interested parties must submit 

applications for disclosure under APO 

in accordance with 19 CFR 351.305(b). 

Instructions for filing such applications 

may be found on the Commerce’s 

website at http://enforcement.trade.gov/ 

apo. 

All respondent selection comments 

must be filed electronically using 

ACCESS. An electronically filed 

document must be received 

successfully, in its entirety, by 

Commerce’s electronic records system, 

ACCESS, no later than 5:00 p.m. ET on 

the date noted above. We intend to 

make our decisions regarding 

respondent selection within 20 days of 

publication of this notice. 

Distribution of Copies of the Petition 

In accordance with section 

702(b)(4)(A)(i) of the Act and 19 CFR 

351.202(f), a copy of the public version 

of the petition was provided to the GOC 

via ACCESS. To the extent practicable, 

we will attempt to provide a copy of the 

public version of the petition to each 

named exporter as provided under 19 

CFR 351.203(c)(2). 


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33See section 703(a)(2) of the Act. 

34See section 703(a)(1) of the Act. 

35See 19 CFR 351.301(b). 

36See 19 CFR 351.301(b)(2). 

37See section 782(b) of the Act. 

38See also Certification of Factual Information to 

Import Administration During Antidumping and 

Countervailing Duty Proceedings, 78 FR 42678 (July 

17, 2013) (Final Rule). Answers to frequently asked 

questions regarding the Final Rule are available at 

http://enforcement.trade.gov/tlei/notices/factual_

info_final_rule_FAQ_07172013.pdf. 

ITC Notification 

We will notify the ITC of our 

initiation, as required by section 702(d) 

of the Act. 

Preliminary Determination by the ITC 

The ITC will preliminarily determine, 

within 45 days after the date on which 

the petition was filed, whether there is 

a reasonable indication that imports of 

steel propane cylinders from China is 

materially injuring, or threatening 

material injury to, a U.S. industry.33 A 

negative ITC determination will result 

in the investigation being terminated.34

Otherwise, the investigation will 

proceed according to statutory and 

regulatory time limits. 

Submission of Factual Information 

Factual information is defined in 19 

CFR 351.102(b)(21) as: (i) Evidence 

submitted in response to questionnaires; 

(ii) evidence submitted in support of 

allegations; (iii) publicly available 

information to value factors under 19 

CFR 351.408(c) or to measure the 

adequacy of remuneration under 19 CFR 

351.511(a)(2); (iv) evidence placed on 

the record by Commerce; and (v) 

evidence other than factual information 

described in (i)–(iv). Any party, when 

submitting factual information, must 

specify under which subsection of 19 

CFR 351.102(b)(21) the information is 

being submitted 35 and, if the 

information is submitted to rebut, 

clarify, or correct factual information 

already on the record, to provide an 

explanation identifying the information 

already on the record that the factual 

information seeks to rebut, clarify, or 

correct.36 Time limits for the 

submission of factual information are 

addressed in 19 CFR 351.301, which 

provides specific time limits based on 

the type of factual information being 

submitted. Interested parties should 

review the regulations prior to 

submitting factual information in this 

investigation. 

Extensions of Time Limits 

Parties may request an extension of 

time limits before the expiration of a 

time limit established under 19 CFR 

351.301, or as otherwise specified by the 

Secretary. In general, an extension 

request will be considered untimely if it 

is filed after the expiration of the time 

limit established under 19 CFR 351.301. 

For submissions that are due from 

multiple parties simultaneously, an 

extension request will be considered 

untimely if it is filed after 10:00 a.m. ET 

on the due date. Under certain 

circumstances, we may elect to specify 

a different time limit by which 

extension requests will be considered 

untimely for submissions which are due 

from multiple parties simultaneously. In 

such a case, we will inform parties in 

the letter or memorandum setting forth 

the deadline (including a specified time) 

by which extension requests must be 

filed to be considered timely. An 

extension request must be made in a 

separate, stand-alone submission; under 

limited circumstances we will grant 

untimely-filed requests for the extension 

of time limits. Parties should review 

Extension of Time Limits; Final Rule, 78 

FR 57790 (September 20, 2013), 

available at http://www.gpo.gov/fdsys/ 

pkg/FR-2013-09-20/html/2013- 

22853.htm, prior to submitting factual 

information in this investigation. 

Certification Requirements 

Any party submitting factual 

information in an AD or CVD 

proceeding must certify to the accuracy 

and completeness of that information.37

Parties must use the certification 

formats provided in 19 CFR 

351.303(g).38 Commerce intends to 

reject factual submissions if the 

submitting party does not comply with 

the applicable certification 

requirements. 

Notification to Interested Parties 

Interested parties must submit 

applications for disclosure under APO 

in accordance with 19 CFR 351.305. On 

January 22, 2008, Commerce published 

Antidumping and Countervailing Duty 

Proceedings: Documents Submission 

Procedures; APO Procedures, 73 FR 

3634 (January 22, 2008). Parties wishing 

to participate in this investigation 

should ensure that they meet the 

requirements of these procedures (e.g., 

the filing of letters of appearance as 

discussed at 19 CFR 351.103(d)). 

This notice is issued and published 

pursuant to sections 702 and 777(i) of 

the Act and 19 CFR 351.203(c). 

Dated: June 11, 2018. 

Gary Taverman, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations, 

performing the non-exclusive functions and 

duties of the Assistant Secretary for 

Enforcement and Compliance. 

Appendix—Scope of the Investigation 

The merchandise covered by this 

investigation is steel cylinders for 

compressed or liquefied propane gas (steel 

propane cylinders) meeting the requirements 

of, or produced to meet the requirements of, 

U.S. Department of Transportation (USDOT) 

Specifications 4B, 4BA, or 4BW, or Transport 

Canada Specification 4BM, 4BAM, or 4BWM, 

or United Nations pressure receptacle 

standard ISO 4706. The scope includes steel 

propane cylinders regardless of whether they 

have been certified to these specifications 

before importation. Steel propane cylinders 

range from 2.5 pound nominal gas capacity 

(approximate 6 pound water capacity and 

approximate 4–6 pound tare weight) to 42 

pound nominal gas capacity (approximate 

100 pound water capacity and approximate 

28–32 pound tare weight). Steel propane 

cylinders have two or fewer ports and may 

be imported assembled or unassembled (i.e., 

welded or brazed before or after importation), 

with or without all components (including 

collars, valves, gauges, tanks, foot rings, and 

overfill prevention devices), and coated or 

uncoated. Also included within the scope are 

drawn cylinder halves, unfinished propane 

cylinders, collars, and foot rings for steel 

propane cylinders. 

An ‘‘unfinished’’ or ‘‘unassembled’’ 

propane cylinder includes drawn cylinder 

halves that have not been welded into a 

cylinder, cylinders that have not had flanges 

welded into the port hole(s), cylinders that 

are otherwise complete but have not had 

collars or foot rings welded to them, 

otherwise complete cylinders without a valve 

assembly attached, and cylinders that are 

otherwise complete except for testing, 

certification, and/or marking. 

This investigation also covers steel 

propane cylinders that meet, are produced to 

meet, or are certified as meeting, other U.S. 

or Canadian government, international, or 

industry standards (including, for example, 

American Society of Mechanical Engineers 

(ASME), or American National Standard 

Institute (ANSI)), if they also meet, are 

produced to meet, or are certified as meeting 

USDOT Specification 4B, 4BA, or 4BW, or 

Transport Canada Specification 4BM, 4BAM, 

or 4BWM, or a United Nations pressure 

receptacle standard ISO 4706. 

Subject merchandise also includes steel 

propane cylinders that have been further 

processed in a third country, including but 

not limited to, attachment of collars, foot 

rings, or handles by welding or brazing, heat 

treatment, painting, testing, certification, or 

any other processing that would not 

otherwise remove the merchandise from the 

scope of the investigation if performed in the 

country of manufacture of the in-scope steel 

propane cylinders. 

Specifically excluded are seamless steel 

propane cylinders and propane cylinders 

made from stainless steel (i.e., steel 


amozie on DSK3GDR082PROD with NOTICES1
Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices 28193 

1See Ripe Olives from Spain: Preliminary 

Affirmative Determination of Sales at Less Than 

Fair Value, Postponement of Final Determination, 

and Extension of Provisional Measures, 83 FR 3677 

(January 26, 2018) and accompanying Preliminary 

Decision Memorandum (Preliminary Decision 

Memorandum) (collectively, Preliminary 

Determination). 

2See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Affirmative 

Determination in the Less than Fair Value 

Investigation of Ripe Olives from Spain,’’ dated 

concurrently with, and hereby adopted by, this 

notice (Issues and Decision Memorandum). 

3See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997). 

4See Ripe Olives from Spain: Initiation of LessThan-Fair-Value Investigation, 82 FR 33054 (July 

19, 2017) (Initiation Notice). 

5The Coalition for Fair Trade on Ripe Olives. 

6See Memorandum, ‘‘Ripe Olives from Spain: 

Post-Preliminary Scope Clarification Decision 

Memorandum,’’ dated April 3, 2018. 

7See Issues and Decision Memorandum at 

Comment 1. 

8 In the Preliminary Determination the company 

name was spelled incorrectly as Agro Sevilla 

Aceitunas S.COOP Anndalusia. The correct spelling 

of the company name is Agro Sevilla Aceitunas 

S.COOP Andalusia. 

9See the ‘‘Discussion of the Issues’’ section of the 

Issues and Decision Memorandum and the 

company-specific analysis memoranda dated 

concurrently with, and hereby incorporated by, this 

notice. 

containing at least 10.5 percent chromium by 

weight and less than 1.2 percent carbon by 

weight), aluminum, or composite fiber 

material. Composite fiber material is material 

consisting of the mechanical combination of 

two components: fiber (typically glass, 

carbon, or aramid (synthetic polymer)) and a 

matrix material (typically polymer resin, 

ceramic, or metallic). 

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). 

Although the HTSUS statistical reporting 

numbers are provided for convenience and 

customs purposes, the written description of 

the merchandise is dispositive. 

[FR Doc. 2018–12998 Filed 6–15–18; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–469–817] 

Ripe Olives From Spain: Final 

Affirmative Determination of Sales at 

Less Than Fair Value 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) determines that ripe olives 

from Spain 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, 2016, 

through March 31, 2017. 

DATES: Applicable June 18, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Catherine Cartsos, Bryan Hansen or 

Peter Zukowski, AD/CVD Operations, 

Office I, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–1757, 

(202) 482–3683 or (202) 482–0189, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On January 26, 2018, Commerce 

published the Preliminary 

Determination of this LTFV 

investigation in which Commerce found 

that ripe olives from Spain were sold at 

LTFV.1 For a summary of the events that 

have occurred since Commerce 

published the Preliminary 

Determination, as well as a full 

discussion of the issues raised by parties 

for this final determination, see the 

Issues and Decision Memorandum.2

Scope of the Investigation 

The product covered by this 

investigation is ripe olives from Spain. 

For a complete description of the scope 

of this investigation, see Appendix I. 

Scope Comments 

In accordance with the preamble to 

Commerce’s regulations,3 the Initiation 

Notice set aside a period of time for 

parties to raise issues regarding product 

coverage (i.e., scope). No interested 

party commented on the scope of the 

investigation as it appeared in the 

Initiation Notice during the scope 

comment period.4 In the context of 

supplemental questionnaire responses, 

two of the three mandatory respondents 

in the LTFV investigation reported sales 

of cocktail mixes but stated that they 

believe cocktail mixes are not within the 

scope of the investigation. In response, 

the petitioner 5 commented that the 

respondents cannot unilaterally 

determine whether cocktail mixes are 

outside the scope. For the Preliminary 

Determination, we did not modify the 

scope language as it appeared in the 

Initiation Notice. We included all sales 

of cocktail mixes and their associated 

costs in our margin calculations, and 

solicited further information from 

parties concerning cocktail mixes for 

purposes of the final determination. In 

the April 3, 2018, post-preliminary 

analysis we issued with respect to the 

scope of the investigation, we found 

that: (i) Ripe olives contained in cocktail 

mixes are in the scope, but that the 

remaining ingredients are not in the 

scope, and (ii) we clarified the scope by 

adding language concerning ripe olives 

contained in cocktail mixes.6 As a result 

of our analysis of comments received in 

response to this post-preliminary 

analysis, we have modified the scope of 

this investigation for this final 

determination. For a summary of the 

product coverage comments and 

rebuttal responses submitted to the 

record for this final determination, and 

accompanying discussion and analysis 

of all comments timely received, see the 

Issues and Decision Memorandum.7

Verification 

As provided in section 782(i) of the 

Act, in February and March 2018, we 

conducted verification of the 

information reported by the mandatory 

respondents Aceitunas Guadalquivir 

S.L. (AG), Agro Sevilla Aceitunas 

S.COOP Andalusia (Agro Sevilla),8 and 

Angel Camacho Alimentacion S.L. 

(Camacho) for use in our final 

determination. We used standard 

verification procedures, including an 

examination of relevant accounting and 

production records and original source 

documents provided by the 

respondents. 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs that were submitted by 

parties in this investigation are 

addressed in the Issues and Decision 

Memorandum. A list of these issues is 

attached to this notice as Appendix II. 

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, and to all 

parties in the Central Records Unit, 

room B8024 of the main Department of 

Commerce building. In addition, a 

complete version of the Issues and 

Decision Memorandum can be accessed 

directly at http://enforcement.trade.gov/ 

frn/. 

Changes Since the Preliminary 

Determination and Use of Partial 

Adverse Facts Available 

Based on our analysis of the 

comments received and our findings at 

verification, we made certain changes to 

the margin calculations for AG, Agro 

Sevilla and Camacho.9 In addition, we 

revised the margin calculations for 

Camacho to reflect the application of 

partial facts available with an adverse 

inference pursuant to section 776(b) of 


amozie on DSK3GDR082PROD with NOTICES1