[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\
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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 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\
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    \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.
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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.
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    \7\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 44262 (July 12, 2023).
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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\
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    \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)
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Wuyi Xilinde Machinery Manufacture Co., Ltd................      150.37
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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