83 FR 31951 - High Pressure Steel Cylinders From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review; 2016
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 132 (July 10, 2018)
International Trade Administration
Federal Register Volume 83, Issue 132 (July 10, 2018)
| Page Range | 31951-31953 | |
| FR Document | 2018-14730 |
[Federal Register Volume 83, Number 132 (Tuesday, July 10, 2018)] [Notices] [Pages 31951-31953] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-14730] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-570-978] High Pressure Steel Cylinders From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review; 2016 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is conducting an administrative review of the countervailing duty (CVD) order on high pressure steel cylinders (steel cylinders) from the People's Republic of China (PRC) for the period of review January 1, 2016, through December 31, 2016. Interested parties are invited to comment on these preliminary results. DATES: Applicable July 10, 2018. FOR FURTHER INFORMATION CONTACT: Toby Vandall or Aimee Phelan, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: [[Page 31952]] (202) 482-1664 or (202) 482-0697, respectively. SUPPLEMENTARY INFORMATION: Background On June 7, 2017, Commerce published a notice of opportunity to request an administrative review of the CVD order on steel cylinders from the PRC for the period January 1, 2016, through December 31, 2016.\1\ On June 13, 2017, and June 30, 2017, we received review requests from Norris Cylinder Company (the petitioner) and Beijing Tianhai Industry Co., Ltd. (BTIC).\2\ We published a notice of initiation for this administrative review on August 1, 2017.\3\ On February 5, 2018, we postponed the deadline for issuing the preliminary results of this administrative review until July 3, 2018.\4\ For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.\5\ A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary 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 http://access.trade.gov, and is available to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. --------------------------------------------------------------------------- \1\ See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 82 FR 26441 (June 7, 2017). \2\ See Letter from the petitioner, ``High Pressure Steel Cylinders from the People's Republic of China Request for Administrative Review and Entry of Appearance'' (June 13, 2017); see also Letter from BTIC, ``Request for the Fifth Administrative Review of the Countervailing Duty Order on High Pressure Steel Cylinders from the People's Republic of China, C-570-978 (POR: 01/01/16-12/31/ 16)'' (June 30, 2017). \3\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 82 FR 35749 (August 1, 2017) (Initiation Notice). \4\ See Memorandum, ``High Pressure Steel Cylinders from the People's Republic of China: Extension of Time Limit for Preliminary Results of the Countervailing Duty Administrative Review; 2016,'' February 5, 2018. \5\ See Memorandum, ``Decision Memorandum for the Preliminary Results of 2016 Countervailing Duty Administrative Review of High Pressure Steel Cylinders from the People's Republic of China,'' dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). --------------------------------------------------------------------------- Scope of the Order The merchandise covered by this order is seamless steel cylinders designed for storage or transport of compressed or liquefied gas (``high pressure steel cylinders''). High pressure steel cylinders are fabricated of chrome alloy steel including, but not limited to, chromium-molybdenum steel or chromium magnesium steel, and have permanently impressed into the steel, either before or after importation, the symbol of a U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration (``DOT'')- approved high pressure steel cylinder manufacturer, as well as an approved DOT type marking of DOT 3A, 3AX, 3AA, 3AAX, 3B, 3E, 3HT, 3T, or DOT-E (followed by a specific exemption number) in accordance with the requirements of sections 178.36 through 178.68 of Title 49 of the Code of Federal Regulations, or any subsequent amendments thereof. High pressure steel cylinders covered by this order have a water capacity up to 450 liters, and a gas capacity ranging from 8 to 702 cubic feet, regardless of corresponding service pressure levels and regardless of physical dimensions, finish or coatings. Excluded from the scope of the order are high pressure steel cylinders manufactured to U-ISO-9809-1 and 2 specifications and permanently impressed with ISO or UN symbols. Also excluded from the order are acetylene cylinders, with or without internal porous mass, and permanently impressed with 8A or 8AL in accordance with DOT regulations. Merchandise covered by the order is classified in the Harmonized Tariff Schedule of the United States (``HTSUS'') under subheading 7311.00.00.30. Subject merchandise may also enter under HTSUS subheadings 7311.00.00.60 or 7311.00.00.90. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise under the order is dispositive. Methodology We are conducting this administrative review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, we preliminarily find that there is a subsidy, i.e., a financial contribution by an ``authority'' that gives rise to a benefit to the recipient, and that the subsidy is specific.\6\ For a full description of the methodology underlying our preliminary conclusions, see the Preliminary Decision Memorandum.\7\ --------------------------------------------------------------------------- \6\ See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. \7\ A list of topics discussed in the Preliminary Decision Memorandum can be found in Appendix I to this notice. --------------------------------------------------------------------------- In making these findings, we relied, in part, on facts available, and because we find that either the GOC or the respondent company did not act to the best of their ability to respond to our requests for information, we drew an adverse inference where appropriate in selecting from among the facts otherwise available.\8\ For further information, see ``Use of Facts Otherwise Available and Adverse Inferences'' in the Preliminary Decision Memorandum. --------------------------------------------------------------------------- \8\ See sections 776(a) and (b) of the Act. \9\ As discussed in the Preliminary Decision Memorandum, we have found the following companies to be cross-owned with BTIC: Tianjin Tianhai High Pressure Container Co., Ltd.; Langfang Tianhai High Pressure Container Co., Ltd.; Beijing Jingcheng Machinery Electric Holding Co., Ltd.; and Beijing Jingcheng Machinery Electric Co., Ltd. --------------------------------------------------------------------------- Preliminary Results of the Review We preliminarily find that the following net countervailable subsidy rate exists for the mandatory respondent, BTIC, for the period January 1, 2016, through December 31, 2016: ------------------------------------------------------------------------ Subsidy Rate Ad Company Valorem (percent) ------------------------------------------------------------------------ Beijing Tianhai Industry Co., Ltd.\9\...................... 37.77 ------------------------------------------------------------------------ Assessment Rates Upon issuance of the final results of this administrative review, Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate entries covered by this review. We intend to issue assessment instructions to CBP 15 days after publication of the final results of this review. Cash Deposit Requirements Pursuant to section 751(a)(2)(C) of the Act, we also intend, upon publication of the final results, to instruct CBP to collect cash deposits of estimated countervailing duties in the amount indicated above for BTIC, on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this [[Page 31953]] administrative review. For all non-reviewed firms, CBP will continue to collect cash deposits of estimated countervailing duties at the most recent company-specific or all-others rate applicable to the company, as appropriate. These cash deposit requirements, when imposed, shall remain in effect until further notice. Disclosure and Public Comment We will disclose to parties in this review the calculations performed in reaching the preliminary results within five days of publication in the Federal Register of these preliminary results.\10\ Unless Commerce instructs otherwise, interested parties may submit written comments (case briefs) on the preliminary results no later than 30 days from the date of publication of this Federal Register notice, and rebuttal comments (rebuttal briefs) within five days after the time limit for filing case briefs.\11\ Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be limited to issues raised in the case briefs. Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit arguments are requested to submit with the argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.\12\ --------------------------------------------------------------------------- \10\ See 19 CFR 351.224(b). \11\ See 19 CFR 351.309(c)(1)(ii); 351.309(d)(1); and 19 CFR 351.303 (for general filing requirements). \12\ See 19 CFR 351.309(c)(2) and (d)(2). --------------------------------------------------------------------------- Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to the issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS by 5 p.m. Eastern Time within 30 days after the date of publication of this notice.\13\ Hearing requests should contain the party's name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a date and time to be determined.\14\ Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. --------------------------------------------------------------------------- \13\ See 19 CFR 351.310(c). \14\ See 19 CFR 351.310(d). --------------------------------------------------------------------------- Unless the deadline is extended pursuant to section 751(a)(3)(A) of the Act, we intend to issue the final results of this administrative review, including the results of our analysis of the issues raised by the parties in their comments, no later than 120 days after the date of publication of this notice. These preliminary results and notice are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4). Dated: July 3, 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 List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Application of the Countervailing Duty Law to Imports From the PRC V. Subsidies Valuation Information VI. Benchmarks and Interest Rates VII. Use of Facts Otherwise Available and Adverse Inferences VIII. Analysis of Programs IX. Disclosure and Public Comment X. Conclusion [FR Doc. 2018-14730 Filed 7-9-18; 8:45 am] BILLING CODE 3510-DS-P
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because Commerce preliminarily determination within 75 days after the The merchandise covered by the scope of
determined that the mandatory date of its preliminary determination. the investigation is currently classified in the
respondents should be considered to be Accordingly, Commerce will make its Harmonized Tariff Schedule of the United
part of the China-wide entity, and final determination no later than 75 States (HTSUS) under subheadings
2918.16.1000, 2918.16.5010, and
assigned the China-wide entity an AFA days after the signature date of this 2932.20.5020. Merchandise covered by the
rate based solely on the petition, there preliminary determination. scope may also enter under HTSUS
are no calculations to disclose. subheadings 2918.16.5050, 3824.99.2890,
International Trade Commission
Verification Notification and 3824.99.9295. Although the HTSUS
subheadings and CAS registry numbers are
Because the mandatory respondents In accordance with section 733(f) of provided for convenience and customs
in this investigation did not provide the Act, Commerce will notify the purposes, the written description of the
information requested by Commerce International Trade Commission (ITC) of merchandise is dispositive.
and Commerce preliminarily determines its preliminary determination of sales at Appendix II
in accordance with section 776(b) of the LTFV. If the final determination is
Act that each of the mandatory List of Topics Discussed in the Preliminary
affirmative, the ITC will determine Decision Memorandum
respondents to have been before the later of 120 days after the date
uncooperative, verification will not be of this preliminary determination or 45 I. Summary
conducted. II. Background
days after the final determination III. Period of Investigation
Public Comment whether imports of the subject IV. Scope Comments
merchandise are materially injuring, or V. Scope of the Investigation
Case briefs or other written comments threaten material injury to, the U.S. VI. Discussion of the Methodology
may be submitted to the Assistant industry. A. Non-Market Economy Country
Secretary for Enforcement and B. Surrogate Country and Surrogate Value
Compliance no later than 30 days after Notification to Interested Parties Comments
the date of publication of the C. Separate Rates
This determination is issued and
preliminary determination, unless the D. China-Wide Entity
published in accordance with sections
Secretary alters the time limit. Rebuttal E. Use of Facts Otherwise Available With
733(f) and 777(i)(1) of the Act and 19 an Adverse Inference
briefs, limited to issues raised in case
CFR 351.205(c). VII. Adjustment Under Section 777(A)(f) of
briefs, may be submitted no later than
five days after the deadline date for case Dated: July 2, 2018. the Act
VIII. Adjustments to Cash Deposit Rates for
briefs.18 Pursuant to 19 CFR Gary Taverman,
Export Subsidies
351.309(c)(2) and (d)(2), parties who Deputy Assistant Secretary for Antidumping IX. Verification
submit case briefs or rebuttal briefs in and Countervailing Duty Operations X. Conclusion
this investigation are encouraged to performing the non-exclusive functions and
duties of the Assistant Secretary for [FR Doc. 2018–14729 Filed 7–9–18; 8:45 am]
submit with each argument: (1) A
statement of the issue; (2) a brief Enforcement and Compliance. BILLING CODE 3510–DS–P
summary of the argument; and (3) a Appendix I
table of authorities. DEPARTMENT OF COMMERCE
Scope of the Investigation
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a The scope of the investigation covers all
International Trade Administration
hearing, limited to issues raised in the grades of sodium gluconate, gluconic acid,
liquid gluconate, and glucono delta lactone [C–570–978]
case and rebuttal briefs, must submit a
(GDL) (collectively GNA Products),
written request to the Assistant regardless of physical form (including, but High Pressure Steel Cylinders From
Secretary for Enforcement and not limited to substrates; solutions; dry the People’s Republic of China:
Compliance, U.S. Department of granular form or powders, regardless of Preliminary Results of Countervailing
Commerce, within 30 days after the date particle size; or as a slurry). The scope also Duty Administrative Review; 2016
of publication of this notice. Requests includes GNA Products that have been
should contain the party’s name, blended or are in solution with other AGENCY: Enforcement and Compliance,
address, and telephone number, the product(s) where the resulting mix contains International Trade Administration,
number of participants, whether any 35 percent or more of sodium gluconate, Department of Commerce.
gluconic acid, liquid gluconate, and/or GDL
participant is a foreign national, and a SUMMARY: The Department of Commerce
by dry weight.
list of the issues to be discussed. If a Sodium gluconate has a molecular formula (Commerce) is conducting an
request for a hearing is made, Commerce of NaC6H11O7. Sodium gluconate has a administrative review of the
intends to hold the hearing at the U.S. Chemical Abstract Service (CAS) registry countervailing duty (CVD) order on high
Department of Commerce, 1401 number of 527–07–1, and can also be called pressure steel cylinders (steel cylinders)
Constitution Avenue NW, Washington, ‘‘sodium salt of gluconic acid’’ and/or from the People’s Republic of China
DC 20230, at a time and date to be sodium 2, 3, 4, 5, 6 pentahydroxyhexanoate. (PRC) for the period of review January
determined. Parties should confirm by Gluconic acid has a molecular formula of
1, 2016, through December 31, 2016.
telephone the date, time, and location of C6H12O7. Gluconic acid has a CAS registry
number of 526–95–4, and can also be called Interested parties are invited to
the hearing two days before the comment on these preliminary results.
2, 3, 4, 5, 6 pentahydroxycaproic acid. Liquid
scheduled date. gluconate is a blend consisting only of DATES: Applicable July 10, 2018.
amozie on DSK3GDR082PROD with NOTICES1
Final Determination gluconic acid and sodium gluconate in an FOR FURTHER INFORMATION CONTACT:
aqueous solution. Liquid gluconate has CAS Toby Vandall or Aimee Phelan, AD/
Section 735(a)(1) of the Act and 19 registry numbers of 527–07–1, 526–95–4, and
CFR 351.210(b)(1) provide that 7732–18–5, and can also be called 2, 3, 4, 5,
CVD Operations, Office I, Enforcement
Commerce will issue the final 6-pentahydroxycaproic acid-hexanoate. GDL and Compliance, International Trade
has a molecular formula of C6H10O6. GDL has Administration, U.S. Department of
18 See 19 CFR 351.309; see also 19 CFR 351.303 a CAS registry number of 90–80–2, and can Commerce, 1401 Constitution Avenue
(for general filing requirements). also be called d-glucono-1,5-lactone. NW, Washington, DC 20230; telephone:
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![Federal Register / Vol. 83, No. 132 / Tuesday, July 10, 2018 / Notices 31953
administrative review. For all non- raised by the parties in their comments, Scope of the Order
reviewed firms, CBP will continue to no later than 120 days after the date of The products covered by the order are
collect cash deposits of estimated publication of this notice. chlorinated isos, which are derivatives
countervailing duties at the most recent These preliminary results and notice of cyanuric acid, described as
company-specific or all-others rate are issued and published in accordance chlorinated s-triazine triones.1
applicable to the company, as with sections 751(a)(1) and 777(i)(1) of Chlorinated isos are currently
appropriate. These cash deposit the Act and 19 CFR 351.221(b)(4). classifiable under subheadings
requirements, when imposed, shall Dated: July 3, 2018. 2933.69.6015, 2933.69.6021,
remain in effect until further notice. Gary Taverman, 2933.69.6050, 3808.40.50, 3808.50.40
Disclosure and Public Comment Deputy Assistant Secretary for Antidumping and 3808.94.5000 of the Harmonized
and Countervailing Duty Operations, Tariff Schedule of the United States
We will disclose to parties in this performing the non-exclusive functions and (HTSUS). The HTSUS subheadings are
review the calculations performed in duties of the Assistant Secretary for provided for convenience and customs
reaching the preliminary results within Enforcement and Compliance. purposes only; the written product
five days of publication in the Federal description of the scope of the order is
Register of these preliminary results.10 Appendix
dispositive.
Unless Commerce instructs otherwise, List of Topics Discussed in the Preliminary
interested parties may submit written Decision Memorandum Methodology
comments (case briefs) on the I. Summary Commerce is conducting this
preliminary results no later than 30 days II. Background administrative review in accordance
from the date of publication of this III. Scope of the Order with section 751(a)(1)(A) of the Tariff
Federal Register notice, and rebuttal IV. Application of the Countervailing Duty Act of 1930, as amended (the Act).
comments (rebuttal briefs) within five Law to Imports From the PRC Export prices have been calculated in
days after the time limit for filing case V. Subsidies Valuation Information accordance with section 772 of the Act.
briefs.11 Pursuant to 19 CFR VI. Benchmarks and Interest Rates
Because China is a non-market economy
VII. Use of Facts Otherwise Available and
351.309(d)(2), rebuttal briefs must be Adverse Inferences within the meaning of section 771(18) of
limited to issues raised in the case VIII. Analysis of Programs the Act, normal value has been
briefs. Pursuant to 19 CFR 351.309(c)(2) IX. Disclosure and Public Comment calculated in accordance with section
and (d)(2), parties who submit X. Conclusion 773(c) of the Act. For a full description
arguments are requested to submit with [FR Doc. 2018–14730 Filed 7–9–18; 8:45 am] of the methodology underlying our
the argument: (1) A statement of the BILLING CODE 3510–DS–P
conclusions, see the Preliminary
issue; (2) a brief summary of the Decision Memorandum, which is hereby
argument; and (3) a table of adopted by this notice. A list of the
authorities.12 DEPARTMENT OF COMMERCE topics included in the Preliminary
Pursuant to 19 CFR 351.310(c), Decision Memorandum is included as
interested parties who wish to request a International Trade Administration an appendix to this notice.
hearing, limited to the issues raised in The Preliminary Decision
the case and rebuttal briefs, must submit [A–570–898] Memorandum is a public document and
a written request to the Assistant is on file electronically via Enforcement
Secretary for Enforcement and Chlorinated Isocyanurates From the and Compliance’s Antidumping and
Compliance, filed electronically via People’s Republic of China: Countervailing Duty Centralized
ACCESS by 5 p.m. Eastern Time within Preliminary Results of Antidumping Electronic Service System (ACCESS).
30 days after the date of publication of Duty Administrative Review; 2016– ACCESS is available to registered users
this notice.13 Hearing requests should 2017 at https://access.trade.gov, and it is
contain the party’s name, address, and available to all parties in the Central
AGENCY: Enforcement and Compliance, Records Unit, Room B8024 of the main
telephone number, the number of
International Trade Administration, Department of Commerce building. In
participants, whether any participant is
Department of Commerce. addition, a complete version of the
a foreign national, and a list of the
issues to be discussed. If a request for SUMMARY: The Department of Commerce Preliminary Decision Memorandum is
a hearing is made, Commerce intends to (Commerce) preliminarily determines available at http://
hold the hearing at the U.S. Department that the exporters of chlorinated enforcement.trade.gov/frn/. The signed
of Commerce, 1401 Constitution Avenue isocyanurates subject to this Preliminary Decision Memorandum and
NW, Washington, DC 20230, at a date administrative review made sales of the electronic version of the Preliminary
and time to be determined.14 Parties subject merchandise at prices below Decision Memorandum are identical in
should confirm by telephone the date, normal value (NV). The period of review content.
time, and location of the hearing two (POR) is June 1, 2016, through May 31,
Preliminary Results of Review
days before the scheduled date. 2017. Interested parties are invited to
comment on these preliminary results of The administrative review covers
Unless the deadline is extended
review. three producers/exporters: (1) Heze
pursuant to section 751(a)(3)(A) of the
DATES: Applicable July 10, 2018. Huayi Chemical Co. Ltd. (Heze Huayi);
Act, we intend to issue the final results
(2) Hebei Jiheng Chemical Co. Ltd.
of this administrative review, including FOR FURTHER INFORMATION CONTACT:
(Jiheng); and (3) Juancheng Kangtai
amozie on DSK3GDR082PROD with NOTICES1
the results of our analysis of the issues Sean Carey, AD/CVD Operations, Office
VII, Enforcement and Compliance, 1 For a complete description of the Scope of the
10 See 19 CFR 351.224(b). International Trade Administration, Order, see Memorandum, ‘‘Decision Memorandum
11 See 19 CFR 351.309(c)(1)(ii); 351.309(d)(1); and U.S. Department of Commerce, 1401 for the Preliminary Results of the 2016–2017
19 CFR 351.303 (for general filing requirements). Antidumping Duty Administrative Review:
12 See 19 CFR 351.309(c)(2) and (d)(2). Constitution Avenue NW, Washington,
Chlorinated Isocyanurates from the People’s
13 See 19 CFR 351.310(c). DC 20230; telephone: (202) 482–3964. Republic of China,’’ dated concurrently with this
14 See 19 CFR 351.310(d). SUPPLEMENTARY INFORMATION: notice (Preliminary Decision Memorandum).
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Document Created: 2018-11-06 10:18:43
Document Modified: 2018-11-06 10:18:43
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable July 10, 2018. | |
| Contact | Toby Vandall or Aimee Phelan, 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) 482-1664 or (202) 482-0697, respectively. | |
| FR Citation | 83 FR 31951 |
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