[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Notices]
[Pages 85217-85219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26860]


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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 of Antidumping Duty Administrative Review and 
Final Determination of No Shipments; 2020-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
certain producers and/or exporters made sales of non-refillable steel 
cylinders (non-refillable cylinders) from the People's Republic of 
China (China) at less than normal value, and one company had no 
shipments of subject merchandise during the period of review (POR), 
October 30, 2020, through April 30, 2022.

DATES: Applicable December 7, 2023.

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, 2023, Commerce published the Preliminary Results.\1\ We 
invited interested parties to comment on the Preliminary Results.\2\ 
For events subsequent to the Preliminary Results, see the Issues and 
Decision Memorandum.\3\ On September 22, 2023, in accordance with 
section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), 
Commerce extended the deadline for these final results until December 
1, 2023.\4\
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    \1\ See Non-Refillable Steel Cylinders from the People's 
Republic of China: Preliminary Results and Preliminary Determination 
of No Shipments of the Antidumping Duty Administrative Review; 2020-
2022, 88 FR 37024 (June 6, 2023) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
    \2\ See Preliminary Results, 88 FR at 37025.
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Antidumping Duty Administrative Review of 
Certain Non-Refillable Steel Cylinders from the People's Republic of 
China; 2020-2022,'' dated concurrently with, and hereby adopted by, 
this notice (Issues and Decision Memorandum).
    \4\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review,'' dated September 22, 2023.
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Scope of the Order <SUP>5</SUP>
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    \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).
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    The products covered by this Order are certain seamed (welded or 
brazed), non-refillable steel cylinders meeting the requirements of, or 
produced to meet the requirements of, U.S. Department of Transportation 
(USDOT) Specification 39, TransportCanada Specification 39M, or United 
Nations pressure receptacle standard ISO 11118. A full description of 
the scope of the Order is provided in the Issues and Decision 
Memorandum.

Analysis of Comments Received

    All issues raised by interested parties in briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues addressed in 
the Issues and Decision Memorandum is provided in the appendix to this 
notice. The Issues and Decision Memorandum is a public document and is 
on file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on our analysis of the comments received from interested 
parties regarding our Preliminary Results, we made certain changes to 
the margin calculation for mandatory respondent Wuyi Xilinde Machinery 
Manufacture Co., Ltd. (Wuyi Xilinde), and consequently, the rate 
assigned to the non-examined separate rate respondents.\6\ For detailed 
information, see the Issues and Decision Memorandum.
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    \6\ See Memoranda, ``Final Results Analysis Memorandum for Wuyi 
Xilinde Machinery Manufacture Co., Ltd.,'' dated concurrently with 
this notice; and ``Surrogate Values for the Final Results,'' dated 
concurrently with this notice.
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Final Determination of No Shipments

    In the Preliminary Results, we preliminarily determined that 
Zhejiang Kin-Shine Technology Co., Ltd. (Zhejiang Kin-Shine) had no 
shipments of subject merchandise to the United States during the 
POR.\7\ No party filed comments with respect to this preliminary 
determination, and we received no information to contradict it. 
Therefore, we continue to find that Zhejiang Kin-Shine had no shipments 
of subject merchandise during the POR and will issue appropriate 
liquidation instructions that are consistent with our ``automatic 
assessment'' instructions for these final results.\8\
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    \7\ See Preliminary Results, 88 FR at 37025.
    \8\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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Separate Rate Respondents

    In our Preliminary Results, we determined that Wuyi Xilinde, and 
two other companies demonstrated their eligibility for separate 
rates.\9\ We received no information or arguments since the issuance of 
the Preliminary Results that provide a basis for reconsideration of 
these determinations. Therefore, for these final results, we continue 
to find that the two companies listed in the table in the ``Final 
Results'' section of this notice are each eligible for a separate rate, 
in addition to Wuyi Xilinde.
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    \9\ See Preliminary Results, 88 FR at 37025.

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[[Page 85218]]

Rate for Non-Examined Separate Rate Respondents

    Under section 735(c)(5)(A) of the Act, Commerce's usual practice in 
determining the rate for separate rate respondents not selected for 
individual examination is to average the weighted-average dumping 
margins for the selected companies, excluding rates that are zero, de 
minimis, or based entirely on facts available.\10\ In the Preliminary 
Results,\11\ consistent with Commerce's practice,\12\ we assigned the 
non-examined, separate rate companies the margin calculated for Wuyi 
Xilinde, which was not zero, de minimis, or based entirely on facts 
available. No parties commented on the methodology for calculating this 
separate rate. As such, for these final results, we have assigned the 
87.26 percent weighted-average dumping margin calculated for Wuyi 
Xilinde to the two non-examined respondents which qualify for a 
separate rate in this review, consistent with Commerce's practice and 
section 735(c)(5)(A) of the Act.
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    \10\ See, e.g., Longkou Haimeng Mach. Co. v. United States, 581 
F. Supp. 2d 1344, 1357-60 (CIT 2008) (affirming Commerce's 
determination to assign a 4.22 percent dumping margin to the 
separate rate respondents in a segment where the three mandatory 
respondents received dumping margins of 4.22 percent, 0.03 percent, 
and zero percent, respectively).
    \11\ See Preliminary Results, 88 FR at 37025.
    \12\ See, e.g., Certain Kitchen Appliance Shelving and Racks 
from the People's Republic of China: Final Determination of Sales at 
Less Than Fair Value, 74 FR 36656, 36660 (July 24, 2009).
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Final Results of Review

    We determine that the following weighted-average dumping margins 
exist for the period October 30, 2020, through April 30, 2022:

------------------------------------------------------------------------
                                                       Weighted-average
                      Exporter                          dumping margin
                                                           (percent)
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Wuyi Xilinde Machinery Manufacture Co., Ltd.........               87.26
Ningbo Eagle Machinery & Technology Co., Ltd........               87.26
Sanjiang Kai Yuan Co. Ltd...........................               87.26
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Disclosure

    We intend to disclose to interested parties the calculations and 
analysis performed for these final results within five days of the date 
of the 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 will determine, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries of subject 
merchandise in accordance with the final results of this review. 
Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
review in the Federal Register. 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.
    For the respondents which were not selected for individual 
examination in this administrative review, and which qualified for a 
separate rate, the assessment rate will be equal to the rate assigned 
to them for these final results (i.e., 87.26 percent).
    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. Furthermore, where we found that an exporter 
under review had no shipments of the subject merchandise, any suspended 
entries that entered under that exporter's case number (i.e., at that 
exporter's cash deposit rate) will be liquidated at the rate for the 
China-wide entity.

Cash Deposit Requirements

    The following cash deposit requirements for estimated antidumping 
duties will be effective for all shipments of subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
publication date of the final results of this administrative review, as 
provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate 
for the companies listed above will be equal to each company's 
weighted-average dumping margin established in the final results of 
this administrative review; (2) for previously-investigated or reviewed 
Chinese and non-Chinese exporters not listed above that have separate 
rates, the cash deposit rate will continue to be the exporter-specific 
rate published for the most-recently completed segment of this 
proceeding in which they were reviewed; (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 equal to the weighted-
average dumping margin for the China-wide entity (i.e., 101.67 
percent); and (4) for all non-Chinese exporters of subject merchandise 
which have not received their own separate rate, the cash deposit rate 
will be the rate applicable to the Chinese exporter(s) that supplied 
the non-Chinese exporter. These cash deposit requirements, when 
imposed, shall remain in effect until further notice.

Notification to Importers

    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 review period. 
Failure to comply with this requirement could result in Commerce's 
presumption that reimbursement of antidumping and/or countervailing 
duties occurred and the subsequent assessment of double antidumping 
duties, and/or an increase in the amount of antidumping duties by the 
amount of the countervailing duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition 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

[[Page 85219]]

hereby requested. Failure to comply with the regulations and the terms 
of an APO is a sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing these final results of administrative 
review in accordance with sections 751(a)(1) and 777(i) of the Act, and 
19 CFR 351.221(b)(5).

    Dated: November 30, 2023.
Abdelali Elouaradia,
Deputy 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 Issues
    Comment 1: Selection of Surrogate Financial Statements
    Comment 2: Whether to Include the Surrogate Financial Expense Ratio 
in Wuyi
    Xilinde's Normal Value (NV)
    Comment 3: Valuation of Certain Factors of Production (FOP)
    Comment 4: Treatment of Carton Inputs as Packing Expense or 
Packaging Cost
VI. Recommendation

[FR Doc. 2023-26860 Filed 12-6-23; 8:45 am]
BILLING CODE 3510-DS-P