Steel Propane Cylinders From the People's Republic of China: Countervailing Duty Order
| Published date | 15 August 2019 |
| Citation | 84 FR 41700 |
| Record Number | 2019-17313 |
| Section | Notices |
| Court | Commerce Department,International Trade Administration |
Federal Register, Volume 84 Issue 158 (Thursday, August 15, 2019)
[Federal Register Volume 84, Number 158 (Thursday, August 15, 2019)]
[Notices]
[Pages 41700-41701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17313]
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Notices
Federal Register
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This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
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Federal Register / Vol. 84, No. 158 / Thursday, August 15, 2019 /
Notices
[[Page 41700]]
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-087]
Steel Propane Cylinders From the People's Republic of China:
Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC),
Commerce is issuing a countervailing duty order on steel propane
cylinders from the People's Republic of China (China).
DATES: Applicable August 15, 2019.
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:
Background
In accordance with sections 705(a), 705(d) and 777(i)(1) of the
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(c),
Commerce published its affirmative final determination in the
countervailing duty investigation of steel propane cylinders from China
on June 21, 2019.\1\ On August 5, 2019, the ITC notified Commerce of
its final affirmative determination that an industry in the United
States is materially injured within the meaning of section
705(b)(1)(A)(i) of the Act, by reason of subsidized imports of steel
propane cylinders from China.\2\
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\1\ See Steel Propane Cylinders from the People's Republic of
China: Final Affirmative Countervailing Duty Determination, 84 FR
29159 (June 21, 2019).
\2\ See ITC Letter, dated August 5, 2019 (ITC Letter).
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Scope of the Order
The merchandise covered by this order is steel propane cylinders
from China. For a complete description of the scope of this order, see
the appendix to this notice.
Countervailing Duty Order
On August 5, 2019, in accordance with sections 705(b)(1)(A)(i) and
705(d) of the Act, the ITC notified Commerce of its final determination
that an industry in the United States is materially injured by reason
of imports of steel propane cylinders from China.\3\ Therefore, in
accordance with sections 705(c)(2) and 706 of the Act, we are issuing
this countervailing duty order. Because the ITC determined that imports
of steel propane cylinders from China are materially injuring a U.S.
industry, unliquidated entries of such merchandise from China, entered
or withdrawn from warehouse for consumption, are subject to the
assessment of countervailing duties.
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\3\ See ITC Letter.
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As a result of the ITC's final affirmative determination, in
accordance with section 706(a) of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to assess, upon further instruction
by Commerce, countervailing duties on unliquidated entries of steel
propane cylinders from China entered, or withdrawn from warehouse, for
consumption on or after October 26, 2018, the date of publication of
the Preliminary Determination,\4\ but will not include entries
occurring after the expiration of the provisional measures period and
before publication in the Federal Register of the ITC's final injury
determination, as further described below.
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\4\ See Steel Propane Cylinders from the People's Republic of
China: Preliminary Affirmative Countervailing Duty Determination and
Alignment of Final Determination with Final Antidumping Duty
Determination, 83 FR 54086 (October 26, 2018) (Preliminary
Determination).
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Suspension of Liquidation
In accordance with section 706 of the Act, Commerce will instruct
CBP to reinstitute the suspension of liquidation of subject merchandise
(i.e., steel propane cylinders from China), effective on the date of
publication of the ITC's final determination in the Federal Register,
and to assess, upon further instruction by Commerce pursuant to
706(a)(1) of the Act, countervailing duties for each entry of the
subject merchandise in an amount based on the net countervailable
subsidy rates for the subject merchandise. We intend to instruct CBP to
require, at the same time as importers would normally deposit estimated
duties on this merchandise, cash deposits for each entry of subject
merchandise equal to the rates noted below. These instructions
suspending liquidation will remain in effect until further notice. The
all-others rate applies to all producers or exporters not specifically
listed.
Estimated Subsidy Rates
The estimated subsidy rates for the countervailing duty order are
as follows:
------------------------------------------------------------------------
Subsidy rate
Company (percent)
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Guangzhou Lion Cylinders Co. Ltd........................ 142.37
Hubei Daly LPG Cylinder Manufacturer Co. Ltd............ 142.37
Shandong Huanri Group Co. Ltd........................... 37.91
Taishan Machinery Factory Ltd........................... 142.37
TPA Metals and Machinery (SZ) Co. Ltd................... 142.37
Wuyi Xilinde Machinery Manufacture Co., Ltd............. 142.37
Zhejiang Jucheng Steel Cylinder Co., Ltd................ 142.37
All Others.............................................. 37.91
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Provisional Measures
Section 703(d) of the Act states that the suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months. Commerce published the affirmative
Preliminary Determination on October 26, 2018. Therefore, the four-
month period beginning on the date of the publication of the
Preliminary Determination ended on February 22, 2019.
Therefore, in accordance with section 703(d) of the Act, Commerce
instructed CBP to terminate the suspension of liquidation and to
liquidate, without regard to countervailing duties, unliquidated
entries of steel propane cylinders from China entered, or withdrawn
from warehouse, for consumption on or after February 23, 2019, the date
on which provisional measures expired, through the day preceding the
date of publication of the
[[Page 41701]]
ITC's final affirmative injury determinations in the Federal Register.
Suspension of liquidation will resume on the date of publication of the
ITC's final affirmative injury determinations in the Federal Register.
Notifications to Interested Parties
This notice constitutes the countervailing duty order with respect
to steel propane cylinders from China pursuant to section 706(a) of the
Act. Interested parties can find a list of countervailing duty orders
currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
This order is published in accordance with section 706(a) of the
Act and 19 CFR 351.211(b).
Dated: August 7, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Order
The products subject to this order are steel cylinders for
compressed or liquefied propane or other gases (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 and otherwise meeting the description provided below. 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 order 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 order 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 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 order 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. 2019-17313 Filed 8-14-19; 8:45 am]
BILLING CODE 3510-DS-P
