ITC Investigation 701-TA-689 is a U.S. International Trade Commission antidumping (AD) proceeding on Non-Refillable Steel Cylinders from India; Inv. No. 701-TA-689 and 731-TA-1618 (Final) from India. It's in the final phase and currently in completed status. It links to AD/CVD case A-533-912 — see the linked order for the active deposit rate, scope text, and Federal Register citation.
Phase, parties, documents, and full text from USITC IDS
Non-Refillable Steel Cylinders from India; Inv. No. 701-TA-689 and 731-TA-1618 (Final)
ITC final injury determination completed.
Parties
Documents
Full text (135,871 chars)
=== Determination – CVD – Preliminary - India === 67231Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Notices 1 See Certain Non-Refillable Steel Cylinders from India: Initiation of Countervailing Duty Investigation, 88 FR 33580 (May 24, 2023) (Initiation Notice). 2 See Certain Non-Refillable Steel Cylinders from India: Postponement of Preliminary Determination in the Countervailing Duty Investigation, 88 FR 43295 (July 7, 2023). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination in the Countervailing Duty Investigation of Certain Non- Refillable Steel Cylinders from India,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 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. 5 See sections 776(a) and (b) of the Act. Dated: September 26, 2023. Elizabeth Whiteman, Executive Secretary. [FR Doc. 2023–21459 Filed 9–28–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–51–2023] Foreign-Trade Zone (FTZ) 29, Notification of Proposed Production Activity; Toyota Motor Manufacturing Kentucky, Inc.; (Dual Fuel Cell Modules); Georgetown, Kentucky The Louisville & Jefferson County Riverport Authority, grantee of FTZ 29, submitted a notification of proposed production activity to the FTZ Board (the Board) on behalf of Toyota Motor Manufacturing Kentucky, Inc., located in Georgetown, Kentucky within Subzone 29E. The notification conforming to the requirements of the Board’s regulations (15 CFR 400.22) was received on September 21, 2023. Pursuant to 15 CFR 400.14(b), FTZ production activity would be limited to the specific foreign-status material(s)/ component(s) and specific finished product(s) described in the submitted notification (summarized below) and subsequently authorized by the Board. The benefits that may stem from conducting production activity under FTZ procedures are explained in the background section of the Board’s website—accessible via www.trade.gov/ ftz. The proposed finished product(s) and material(s)/component(s) would be added to the production authority that the Board previously approved for the operation, as reflected on the Board’s website. The proposed finished product is dual fuel cell modules (duty rate is 2.5%). The proposed foreign-status materials and components include: plastic components (oil fill hose; wiring harness clamps; piping clamps; clamps; fuel tube clamps); rubber components (fuel cell radiator hoses; reserve tank inlet hoses; fuel cell radiator hose sub- assemblies; fuel cell inverter cooling hose sub-assemblies); stainless steel tubes; steel components (flange bolts with washers; mounts for air cleaners; flange bolts; bolts with washers; nuts; hose clips); various assemblies (fuel cell cooling water ion exchanger; air cleaner with filter element; fuel cell generator; fuel cell exhaust tail pipe); and, hydrogen detectors (duty rate ranges from duty-free to 8.5%). The request indicates that certain materials/ components are subject to duties under section 301 of the Trade Act of 1974 (section 301), depending on the country of origin. The applicable section 301 decisions require subject merchandise to be admitted to FTZs in privileged foreign status (19 CFR 146.41). Public comment is invited from interested parties. Submissions shall be addressed to the Board’s Executive Secretary and sent to: ftz@trade.gov. The closing period for their receipt is November 8, 2023. A copy of the notification will be available for public inspection in the ‘‘Online FTZ Information System’’ section of the Board’s website. For further information, contact Juanita Chen at juanita.chen@trade.gov. Dated: September 25, 2023. Elizabeth Whiteman, Executive Secretary. [FR Doc. 2023–21375 Filed 9–28–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–533–913] Certain Non-Refillable Steel Cylinders From India: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of certain non- refillable steel cylinders (steel cylinders) from India for the period of investigation (POI) April 1, 2022, through March 31, 2023. Interested parties are invited to comment on this preliminary determination. DATES : Applicable September 29, 2023. FOR FURTHER INFORMATION CONTACT : Shane Subler, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–6241. SUPPLEMENTARY INFORMATION : Background This preliminary determination is made in accordance with section 703(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this countervailing duty (CVD) investigation on May 24, 2023. 1 On June 30, 2023, Commerce postponed the preliminary determination of this investigation until September 25, 2023. 2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum. 3 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 https:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope of the Investigation The products covered by this investigation are steel cylinders. For a complete description of the scope of this investigation, see Appendix I. Methodology Commerce is conducting this investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, Commerce determines 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.4 Commerce notes that, in making these findings, it relied, in part, on facts available and, because it finds that the Government of India did not act to the best of its ability to respond to Commerce’s requests for information, Commerce has drawn an adverse inference where appropriate in selecting from among the facts otherwise available.5 For a full description of the methodology underlying our preliminary VerDate Sep<11>2014 21:46 Sep 28, 2023 Jkt 259001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\29SEN1.SGM 29SEN1 lotter on DSK11XQN23PROD with NOTICES1 67232 Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Notices 6 See Worthington Industry’s Letter, ‘‘Petitioner’s Request to Align Final Determination,’’ dated September 22, 2023. 7 As discussed in the Preliminary Decision Memorandum, Commerce preliminarily determines that Sapphire (India) Private Limited is cross- owned with Bhiwadi Cylinders Private Limited. 8 See 19 CFR 351.309; 19 CFR 351.303 (for general filing requirements); and Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 17006, 17007 (March 26, 2020). 9 See 19 CFR 351.303. 10 See 19 CFR 351.303(b)(1). 11 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 12 See section 705(b)(2) of the Act. determination, see the Preliminary Decision Memorandum. Alignment As noted in the Preliminary Decision Memorandum, in accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is aligning the final CVD determination with the final determination in the companion antidumping duty (AD) investigation of steel cylinders from India based on a request made by the petitioner.6 Consequently, the final CVD determination will be issued on the same date as the final AD determination, which is currently scheduled to be issued no later than February 7, 2024, unless postponed. All-Others Rate Sections 703(d) and 705(c)(5)(A) of the Act provide that in the preliminary determination, Commerce shall determine an estimated all-others rate for companies not individually examined. Pursuant to section 705(c)(5)(A)(i) of the Act, this rate shall normally be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any zero and de minimis rates and any rates based entirely under section 776 of the Act. Because we have calculated an above-de minimis rate for both mandatory respondents that is not based entirely on section 776 of the Act, we have preliminarily assigned an all- others rate based on the weighted average of the estimated subsidy rates calculated for the mandatory respondents. Preliminary Determination Commerce preliminarily determines that the following estimated countervailable subsidy rates exist: Company Subsidy rate (percent ad valorem) Bhiwadi Cylinders Private Limited 7 ............................ 1.91 Inox India Ltd. (Inox) ............ 1.74 All Others .............................. 1.83 Suspension of Liquidation In accordance with sections 703(d)(1)(B) and (d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise as described in the ‘‘Scope of the Investigation’’ section entered, or withdrawn from warehouse, for consumption on or after the date of the publication of this notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the rates indicated above. Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of its public announcement, in accordance with 19 CFR 351.224(b). Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination. Public Comment A timeline for the submission of case briefs and written comments will be notified to interested parties at a later date. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline for case briefs.8 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce within 30 days after the date of publication of this notice. 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 a time and date to be determined. Parties should confirm the date, time, and location of the hearing two days before the scheduled date. All submissions should be filed using ACCESS and must be served on interested parties. 9 An electronically filed document must be received successfully in its entirety by ACCESS by 5 p.m. Eastern Standard Time by the due date specified above. 10 Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.11 U.S. International Trade Commission Notification In accordance with section 703(f) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether imports of steel cylinders from India are materially injuring, or threaten material injury to, the U.S. industry.12 Notification to Interested Parties This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act, and 19 CFR 351.205(c). Dated: September 25, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix I—Scope of the Investigation The merchandise covered by this investigation is 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 specification 39, TransportCanada specification 39M, or United Nations pressure receptacle standard ISO 11118 and otherwise meeting the description provided below (non-refillable steel cylinders). The subject non-refillable steel cylinders are portable and range from 100-cubic inch (1.6 liter) water capacity to 1,526-cubic inch (25 liter) water capacity. Subject non-refillable steel cylinders may be imported with or without a valve and/or pressure release device and are unfilled at the time of importation. Non-refillable steel cylinders filled with pressurized air otherwise meeting the physical description above are covered by this investigation. Specifically excluded are seamless non- refillable steel cylinders. 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). The merchandise may also enter under HTSUS statistical reporting numbers 7310.29.0030 and 7310.29.0065. Although the HTSUS VerDate Sep<11>2014 21:46 Sep 28, 2023 Jkt 259001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\29SEN1.SGM 29SEN1 lotter on DSK11XQN23PROD with NOTICES1 67233Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Notices 1 See Brass Rod from India, Israel, and the Republic of Korea: Initiation of Countervailing Duty Investigations, 88 FR 33566 (May 24, 2023) (Initiation Notice). 2 See Brass Rod from India, Israel, and the Republic of Korea: Postponement of Preliminary Determinations in the Countervailing Duty Investigations, 88 FR 42300 (June 30, 2023). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination of the Countervailing Duty Investigation of Brass Rod from the Republic of Korea,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice. statistical reporting numbers are provided for convenience and customs purposes, the written description of the merchandise is dispositive. Appendix II—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Scope Comments V. Injury Test VI. Subsidies Valuation Information VII. Diversification of India’s Economy VIII. Use of Facts Otherwise Available and Adverse Inferences IX. Analysis of Programs X. Recommendation [FR Doc. 2023–21552 Filed 9–28–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Advisory Committee on Supply Chain Competitiveness: Notice of Public Meeting AGENCY : International Trade Administration, U.S. Department of Commerce. ACTION : Notice of open meeting. SUMMARY : This notice sets forth the schedule and proposed topics of discussion for the upcoming public meeting of the Advisory Committee on Supply Chain Competitiveness (Committee). DATES : The meeting will be held on October 25, 2023, from 10 a.m. to 3:30 p.m., eastern standard time (EST). ADDRESSES : The meeting will be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Research Library (Room 1894), Washington, DC 20230. The meeting will also be held via Zoom. FOR FURTHER INFORMATION CONTACT : Richard Boll, Designated Federal Officer, Office of Supply Chain, Professional & Business Services, International Trade Administration at Email: richard.boll@trade.gov, phone 571–331–0098. SUPPLEMENTARY INFORMATION : Background: The Committee was established under the discretionary authority of the Secretary of Commerce and in accordance with the Federal Advisory Committee Act (5 U.S.C. app.). It provides advice to the Secretary of Commerce on the necessary elements of a comprehensive policy approach to supply chain competitiveness and on regulatory policies and programs and investment priorities that affect the competitiveness of U.S. supply chains. For more information about the Committee visit: https://www.trade.gov/ acscc. Matters To Be Considered: Committee members are expected to continue discussing the major competitiveness- related topics raised at the previous Committee meetings, including supply chain resilience and congestion; trade and competitiveness; freight movement and policy; trade innovation; regulatory issues; finance and infrastructure; and workforce development. The Committee’s subcommittees will report on the status of their work regarding these topics. The agenda may change to accommodate other Committee business. The Office of Supply Chain, Professional, and Business Services will post the final detailed agenda on its website, https://www.trade.gov/acscc. The video with closed captioning of the meeting will also be posted on the Committee website. The meeting is open to the public and press on a first-come, first-served basis. Space is limited. Please contact Richard Boll, Designated Federal Officer, at richard.boll@trade.gov, for participation information. Dated: September 25, 2023. Heather Sykes, Director, Office of Supply Chain, Professional, and Business Services. [FR Doc. 2023–21411 Filed 9–28–23; 8:45 am] BILLING CODE 3510–DR–P DEPARTMENT OF COMMERCE International Trade Administration [C–580–917] Brass Rod From the Republic of Korea: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of brass rod from the Republic of Korea (Korea). The period of investigation is January 1, 2022, through December 31, 2022. Interested parties are invited to comment on this preliminary determination. DATES : Applicable September 29, 2023. FOR FURTHER INFORMATION CONTACT : Toni Page or Lingjun Wang, AD/CVD Operations, Office OVII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1398 or (202) 482–2316, respectively. SUPPLEMENTARY INFORMATION : Background This preliminary determination is made in accordance with section 703(b) of the Tariff Act of 1930, as amended (the Act). On May 24, 2023, Commerce published in the Federal Register the notice of initiation of this investigation. 1 On June 30, 2023, Commerce postponed the preliminary determination of this investigation until September 25, 2023.2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum. 3 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 https:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope of the Investigation The product covered by this investigation is brass rod from Korea. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations, 4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).5 We received comments from several interested parties concerning the scope of the antidumping duty (AD) and VerDate Sep<11>2014 21:46 Sep 28, 2023 Jkt 259001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\29SEN1.SGM 29SEN1 lotter on DSK11XQN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === USITC Scheduling === 86379Federal Register / Vol. 88, No. 238 / Wednesday, December 13, 2023 / Notices announces the availability of the Record of Decision for the Final Programmatic Environmental Impact Statement (PEIS) for Oil and Gas Decommissioning Activities on the Pacific Outer Continental Shelf. The Record of Decision identifies BSEE’s selected alternative for the Final PEIS. ADDRESSES : The Record of Decision and the Final PEIS with appendices are available on the Bureau of Ocean Energy Management’s (BOEM’s) website at www.boem.gov/Pacific-Decomm-PEIS and on BSEE’s website at www.bsee.gov/ stats-facts/ocs-regions/pacific/pacific- region-federal-ocs-decommissioning. FOR FURTHER INFORMATION CONTACT : For further information on the Record of Decision for the Final PEIS, you may contact BOEM or BSEE. The BOEM point of contact (POC) is Mr. Richard Yarde, Regional Supervisor, Bureau of Ocean Energy Management, Pacific OCS Region, 760 Paseo Camarillo, Suite 102, Camarillo, CA 93010–6002. You may also contact Mr. Yarde by telephone at (805) 384–6379 or email at richard.yarde@boem.gov. The BSEE POC is Mr. Bruce Hesson, Regional Director, Bureau of Safety and Environmental Enforcement, Pacific Region, 760 Paseo Camarillo, Suite 102, Camarillo, CA 93010. You may also contact Mr. Hesson by telephone at (805) 384–6373 or email at bruce.hesson@bsee.gov. SUPPLEMENTARY INFORMATION : Preferred Alternative Selected: The Record of Decision identifies the Preferred Alternative, Alternative 1 with sub-alternative 1a (Alternative 1a), as the selected alternative, which is for complete removal with onshore disposal and the option of explosive severance for platform jackets. Other Alternatives Analyzed: The Final PEIS also considered alternatives addressing partial removal of infrastructure, different severance techniques, and the potential for placement of portions of the jacket for development of an artificial reef. This Final PEIS will provide foundational analysis of the primary methods of decommissioning across a range of scenarios to facilitate evaluation of future decommissioning applications, which will undergo further analysis on a site-specific basis. Availability of the ROD: You may download or view the Record of Decision, Final PEIS, appendices, and associated information on the following BOEM website: www.boem.gov/Pacific- Decomm-PEIS, or on the following BSEE website: https://www.bsee.gov/stats- facts/ocs-regions/pacific/pacific-region- federal-ocs-decommissioning. Authority: 42 U.S.C. 4231 et seq.; 40 CFR 1506.6. Kevin M. Sligh, Sr., Director, Bureau of Safety and Environmental Enforcement. [FR Doc. 2023–27352 Filed 12–12–23; 8:45 am] BILLING CODE P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–689 and 731– TA–1618 (Final)] Non-Refillable Steel Cylinders From India; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations AGENCY : United States International Trade Commission. ACTION : Notice. SUMMARY : The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701–TA–689 and 731–TA–1618 (Final) pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of non-refillable steel cylinders from India, provided for in subheading 7311.00.00 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce (‘‘Commerce’’) to be subsidized and sold at less-than- fair-value. DATES : December 1, 2023. FOR FURTHER INFORMATION CONTACT : Peter Stebbins (peter.stebins@usitc.gov), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). The public record for these investigations may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION : Scope.—For purposes of these investigations, Commerce has defined the subject merchandise as ‘‘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 specification 39, TransportCanada specification 39M, or United Nations pressure receptacle standard ISO 11118 and otherwise meeting the description provided below (non-refillable steel cylinders). The subject non-refillable steel cylinders are portable and range from 100-cubic inch (1.6 liter) water capacity to 1,526-cubic inch (25 liter) water capacity. Subject non-refillable steel cylinders may be imported with or without a valve and/ or pressure release device and are unfilled at the time of importation. Non- refillable steel cylinders filled with pressurized air otherwise meeting the physical description above are covered by this investigation. Specifically excluded are seamless nonrefillable steel cylinders. 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). The merchandise may also enter under HTSUS statistical reporting numbers 7310.29.0030 and 7310.29.0065. Although the HTSUS statistical reporting numbers are provided for convenience and customs purposes, the written description of the merchandise is dispositive.’’ Background.—The final phase of these investigations is being scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative preliminary determinations by Commerce that certain benefits which constitute subsidies within the meaning of § 703 of the Act (19 U.S.C. 1671b) are being provided to manufacturers, producers, or exporters in India of non-refillable steel cylinders, and that such products are being sold in the United States at less than fair value within the meaning of § 733 of the Act (19 U.S.C. 1673b). The investigations were requested in petitions filed on April 27, 2023, by Worthington Industries, Columbus, Ohio. For further information concerning the conduct of this phase of the investigations, hearing procedures, and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207). Participation in the investigations and public service list.—Persons, including industrial users of the subject VerDate Sep<11>2014 16:54 Dec 12, 2023 Jkt 262001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\13DEN1.SGM 13DEN1 khammond on DSKJM1Z7X2PROD with NOTICES 86380 Federal Register / Vol. 88, No. 238 / Wednesday, December 13, 2023 / Notices merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the final phase of these investigations as parties must file an entry of appearance with the Secretary to the Commission, as provided in § 201.11 of the Commission’s rules, no later than 21 days prior to the hearing date specified in this notice. A party that filed a notice of appearance during the preliminary phase of the investigations need not file an additional notice of appearance during this final phase. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations. Please note the Secretary’s Office will accept only electronic filings during this time. Filings must be made through the Commission’s Electronic Document Information System (EDIS, https:// edis.usitc.gov.) No in-person paper- based filings or paper copies of any electronic filings will be accepted until further notice. Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list.—Pursuant to § 207.7(a) of the Commission’s rules, the Secretary will make BPI gathered in the final phase of these investigations available to authorized applicants under the APO issued in the investigations, provided that the application is made no later than 21 days prior to the hearing date specified in this notice. Authorized applicants must represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties to the investigations. A party granted access to BPI in the preliminary phase of the investigations need not reapply for such access. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Staff report.—The prehearing staff report in the final phase of these investigations will be placed in the nonpublic record on March 28, 2024, and a public version will be issued thereafter, pursuant to § 207.22 of the Commission’s rules. Hearing.—The Commission will hold a hearing in connection with the final phase of these investigations beginning at 9:30 a.m. on Tuesday, April 16, 2024. Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before Tuesday, April 9, 2024. Any requests to appear as a witness via videoconference must be included with your request to appear. Requests to appear via videoconference must include a statement explaining why the witness cannot appear in person; the Chairman, or other person designated to conduct the investigation, may in their discretion for good cause shown, grant such a request. Requests to appear as remote witness due to illness or a positive COVID–19 test result may be submitted by 3 p.m. the business day prior to the hearing. Further information about participation in the hearing will be posted on the Commission’s website at https://www.usitc.gov/calendarpad/ calendar.html. A nonparty who has testimony that may aid the Commission’s deliberations may request permission to present a short statement at the hearing. All parties and nonparties desiring to appear at the hearing and make oral presentations should attend a prehearing conference, if deemed necessary, to be held at 9:30 a.m. on Thursday, April 11, 2024. Parties shall file and serve written testimony and presentation slides in connection with their presentation at the hearing by no later than 4:00 p.m. on April 15, 2024. Oral testimony and written materials to be submitted at the public hearing are governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission’s rules. Parties must submit any request to present a portion of their hearing testimony in camera no later than 7 business days prior to the date of the hearing. Written submissions.—Each party who is an interested party shall submit a prehearing brief to the Commission. Prehearing briefs must conform with the provisions of § 207.23 of the Commission’s rules; the deadline for filing is April 4, 2024. Parties shall also file written testimony in connection with their presentation at the hearing, and posthearing briefs, which must conform with the provisions of § 207.25 of the Commission’s rules. The deadline for filing posthearing briefs is April 23, 2024. In addition, any person who has not entered an appearance as a party to the investigations may submit a written statement of information pertinent to the subject of the investigations, including statements of support or opposition to the petition, on or before April 23, 2024. On May 10, 2024, the Commission will make available to parties all information on which they have not had an opportunity to comment. Parties may submit final comments on this information on or before May 14, 2024, but such final comments must not contain new factual information and must otherwise comply with § 207.30 of the Commission’s rules. All written submissions must conform with the provisions of § 201.8 of the Commission’s rules; any submissions that contain BPI must also conform with the requirements of §§ 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s Handbook on Filing Procedures, available on the Commission’s website at https:// www.usitc.gov/documents/handbook_ on_filing_procedures.pdf, elaborates upon the Commission’s procedures with respect to filings. Additional written submissions to the Commission, including requests pursuant to § 201.12 of the Commission’s rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff. In accordance with §§ 201.16(c) and 207.3 of the Commission’s rules, each document filed by a party to the investigations must be served on all other parties to the investigations (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to § 207.21 of the Commission’s rules. By order of the Commission. Issued: December 8, 2023. Lisa Barton, Secretary to the Commission. [FR Doc. 2023–27358 Filed 12–12–23; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest AGENCY : U.S. International Trade Commission. ACTION : Notice. SUMMARY : Notice is hereby given that the U.S. International Trade Commission has received a complaint Certain Furniture Products Finished with Decorative Wood Grain Paper and Components Thereof, DN 3711; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant’s filing pursuant to the Commission’s Rules of Practice and Procedure. FOR FURTHER INFORMATION CONTACT : Lisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2000. The VerDate Sep<11>2014 16:54 Dec 12, 2023 Jkt 262001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\13DEN1.SGM 13DEN1 khammond on DSKJM1Z7X2PROD with NOTICES ──────────────────────────────────────────────────────────── === Determination – AD – Final - India === 29294 Federal Register / Vol. 89, No. 78 / Monday, April 22, 2024 / Notices 1 Commerce determined that it was appropriate to collapse Bhiwadi and Sapphire and treat these companies as a single entity. See Memorandum, ‘‘Preliminary Determination Affiliation and Single Entity Memorandum,’’ dated November 24, 2023. 2 See Certain Non-Refillable Steel Cylinders from India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 88 FR 83906 (December 1, 2023) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 3 See Petitioner’s Letter, ‘‘Petitioner’s Case Brief for Inox India, Ltd,’’ dated March 20, 2024; Petitioner’s Letter, ‘‘Petitioner’s Case Brief for Bhiwadi Cylinders Private Limited,’’ dated March 20, 2024; and Bhiwadi/Sapphire’s Letter, ‘‘Bhiwadi’s Revised Case Brief,’’ dated March 26, 2024. 4 See Petitioner’s Letter, ‘‘Petitioner’s Rebuttal Brief for Bhiwadi Cylinders Private Limited,’’ dated March 26, 2024; Bhiwadi/Sapphire’s Letter, ‘‘Bhiwadi’s Rebuttal Case Brief,’’ dated March 26, 2024; and Inox’s Letter, ‘‘Rebuttal Brief,’’ dated March 26, 2024. 5 See Memorandum, ‘‘Decision Memorandum for the Final Affirmative Determination in the Less- Than-Fair-Value Investigation of Certain Non- Refillable Steel Cylinders from India,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 6 See Memorandum, ‘‘Verification of the Cost Response of Bhiwadi Cylinders Private Limited and Sapphire (India) Private Limited,’’ dated February 8, 2024; Memorandum, ‘‘Verification of the Cost Response of Inox India Ltd.,’’ dated February 29, 2024; Memorandum, ‘‘Verification of the Sales Response of Inox India Limited,’’ dated March 11, 2024; and Memorandum, ‘‘Verification of the Sales Response of Bhiwadi Cylinders Private Limited and Sapphire (India) Private Limited,’’ dated March 12, 2024. limited to the following alloys classified under the Unified Numbering System (UNS) as C27450, C27451, C27460, C34500, C35000, C35300, C35330, C36000, C36300, C37000, C37700, C48500, C67300, C67600, and C69300, and their international equivalents. The brass rod subject to this investigation has an actual cross-section or outside diameter greater than 0.25 inches but less than or equal to 12 inches. Brass rod cross- sections may be round, hexagonal, square, or octagonal shapes as well as special profiles (e.g., angles, shapes), including hollow profiles. Standard leaded brass rod covered by the scope contains, by weight, 57.0–65.0 percent copper; 0.5–3.0 percent lead; no more than 1.3 percent iron; and at least 15 percent zinc. No-lead or low-lead brass rod covered by the scope contains by weight 59.0–76.0 percent copper; 0–1.5 percent lead; no more than 0.35 percent iron; and at least 15 percent zinc. Brass rod may also include other chemical elements (e.g., nickel, phosphorous, silicon, tin, etc.). Brass rod may be in straight lengths or coils. Brass rod covered by this investigation may be finished or unfinished, and may or may not be heated, extruded, pickled, or cold-drawn. Brass rod may be produced in accordance with ASTM B16, ASTM B124, ASTM B981, ASTM B371, ASTM B453, ASTM B21, ASTM B138, and ASTM B927, but such conformity to an ASTM standard is not required for the merchandise to be included within the scope. Excluded from the scope of this investigation is brass ingot, which is a casting of unwrought metal unsuitable for conversion into brass rod without remelting, that contains, by weight, at least 57.0 percent copper and 15.0 percent zinc. The merchandise covered by this investigation is currently classifiable under subheadings 7407.21.9000, 7407.21.7000, and 7407.21.1500 of the Harmonized Tariff Schedule of the United States (HTSUS). Products subject to the scope may also enter under HTSUS subheadings 7403.21.0000, 7407.21.3000, and 7407.21.5000. The HTSUS subheadings and UNS alloy designations are provided for convenience and customs purposes. The written description of the scope of the investigation is dispositive. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope of the Investigation V. Changes Since the Preliminary Determination VI. Discussion of the Issues Comment 1: Constructed Export Price (CEP) Offset Comment 2: Flood-Related Expenses and Insurance Reimbursement Offset VII. Recommendation [FR Doc. 2024–08459 Filed 4–19–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–912] Final Affirmative Determination in the Less-Than-Fair-Value Investigation of Certain Non-Refillable Steel Cylinders From India AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that certain non-refillable steel cylinders (cylinders) from the India 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, 2022, through March 31, 2023. DATES : Applicable April 22, 2024. FOR FURTHER INFORMATION CONTACT : Benito Ballesteros or Samuel Evans, AD/ CVD Operations, Office IX, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–7425 or (202) 482–2420, respectively. SUPPLEMENTARY INFORMATION : Background Commerce selected two companies, Bhiwadi Cylinders Pvt. Ltd./Sapphire (India) Pvt. Ltd. (collectively Bhiwadi/ Sapphire) 1 and Inox India Limited (Inox) as the mandatory respondents, in this investigation. On December 1, 2023, Commerce published in the Federal Register the Preliminary Determination, in which it also postponed the final determination until not later than 135 days after the date of publication of the Preliminary Determination (i.e., April 15, 2024).2 We invited parties to comment on the Preliminary Determination. In March 2024, we received case briefs from Worthington Industries (the petitioner) and Bhiwadi/Sapphire, 3 and rebuttal briefs from the petitioner, Bhiwadi/Sapphire, and Inox.4 For a complete description of the events that occurred since the Preliminary Determination, see the Issues and Decision Memorandum.5 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 directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope of the Investigation The merchandise covered by the scope of this investigation is cylinders from India. For a complete description of the scope of this investigation, see Appendix I. Scope Comments No interested party commented on the scope of the investigation as it appeared in the Preliminary Determination. Therefore, no changes were made to the scope of the investigation. Verification Commerce conducted verification of the information relied upon in making its final determination in this investigation, in accordance with section 782(i) of the Tariff Act of 1930, as amended (the Act). Specifically, we conducted on-site verifications of Bhiwadi/Sapphire and Inox in December 2023 and January 2024 using standard verification procedures, including an examination of relevant sales and accounting records, and original source documents provided by the respondents. 6 VerDate Sep<11>2014 06:41 Apr 20, 2024 Jkt 262001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\22APN1.SGM 22APN1 lotter on DSK11XQN23PROD with NOTICES1 29295Federal Register / Vol. 89, No. 78 / Monday, April 22, 2024 / Notices Analysis of Comments Received All issues raised in the case and rebuttal briefs are addressed in the Issues and Decision Memorandum. A list of the issues that parties raised, and to which we responded in the Issues and Decision Memorandum, is attached to this notice in Appendix II. Changes Since the Preliminary Determination We made certain changes to the margin calculations for Bhiwadi/ Sapphire and Inox since the Preliminary Determination. See the Issues and Decision Memorandum for a discussion of these changes. All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated weighted- average dumping margin for all other producers and exporters not individually investigated shall be equal to the weighted average of the estimated weighted-average dumping margins established for individually investigated exporters and producers, excluding rates that are zero, de minimis, or determined entirely under section 776 of the Act. In this investigation, Commerce calculated a zero rate for Inox. Therefore, the only rate that is not zero, de minimis, or based entirely on facts otherwise available is the rate calculated for Bhiwadi/Sapphire. Consequently, the rate calculated for Bhiwadi/ Sapphire is also assigned as the rate for all other producers and exporters. Final Determination The final estimated weighted-average dumping margins are listed below for the period October 1, 2021, through September 30, 2022: Exporter/producer Weighted-average dumping margin (percent) Cash deposit rate (adjusted for subsidy offset(s)) (percent) Bhiwadi Cylinders Private Limited; Sapphire (India) Private Limited ...................................................... 6.27 4.13 Inox India Limited .................................................................................................................................... 0.00 0.00 All Others ................................................................................................................................................. 6.27 4.13 Disclosure Commerce intends to disclose the calculations performed in connection with this final determination to interested parties within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this final determination in the Federal Register, in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, Commerce will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all entries of cylinders from India, as described in Appendix I of this notice, which were entered or withdrawn from warehouse for consumption on or after December 1, 2023, the date of publication of the Preliminary Determination of this investigation in the Federal Register, with the exception of entries of subject merchandise that were produced and exported by Inox. Because the estimated weighted-average dumping margin for Inox is zero, entries of shipments of subject merchandise produced and exported by Inox will not be subject to suspension of liquidation or cash deposit requirements. In such situations, Commerce applies the exclusion to the provisional measures to the producer/exporter combination that was examined in the investigation. Accordingly, Commerce is directing CBP not to suspend liquidation of entries of merchandise produced and exported by Inox. However, entries of subject merchandise in any other producer/exporter combination, e.g., merchandise produced by a third party and exported by Inox or produced by Inox and exported by a third party, are subject to the cash deposit requirements at the all-others rate. Furthermore, other than for entries produced and exported by Inox, pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), upon the publication of this notice, we will instruct CBP to require a cash deposit for estimated antidumping duties for such entries of merchandise as follows: (1) the cash deposit rate for the respondents listed in the table above will be equal to the company-specific estimated weighted-average dumping margin determined in this final determination; (2) if the exporter is not a respondent identified above, but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted-average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all- others estimated weighted-average dumping margin listed in the table above. Commerce normally adjusts cash deposits for estimated antidumping duties by the amount of export subsidies countervailed in a companion countervailing duty (CVD) proceeding, when CVD provisional measures are in effect. Accordingly, where Commerce made an affirmative determination for countervailable export subsidies, Commerce has offset the estimated weighted-average dumping margin by the appropriate CVD rate. Any such adjusted cash deposit rate may be found in the ‘‘Final Determination’’ section above. Should provisional measures in the companion CVD investigation expire prior to the expiration of provisional measures in this LTFV investigation, Commerce will direct CBP to begin collecting estimated antidumping duty cash deposits unadjusted for countervailed export subsidies at the time that the provisional CVD measures expire. These suspension of liquidation instructions will remain in effect until further notice. U.S. International Trade Commission Notification In accordance with section 735(d) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its final affirmative determination of sales at LTFV. Because the final determination in this investigation is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured or threatened with material injury by reason of imports of cylinders from India no later than 45 days after our final determination. If the ITC determines that such injury does not exist, this proceeding will be terminated, all cash deposits posted will be refunded, and suspension of liquidation will be lifted. If the ITC determines that such injury does exist, Commerce will issue an antidumping VerDate Sep<11>2014 06:41 Apr 20, 2024 Jkt 262001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\22APN1.SGM 22APN1 lotter on DSK11XQN23PROD with NOTICES1 29296 Federal Register / Vol. 89, No. 78 / Monday, April 22, 2024 / Notices 1 See Certain Non-Refillable Steel Cylinders from India: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 88 FR 67231 (September 29, 2023) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Decision Memorandum for the Post-Preliminary Analysis in the Countervailing Duty Investigation of Certain Non-Refillable Steel Cylinders from India,’’ dated February 8, 2024 (Post-Preliminary Analysis). 3 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination of the Countervailing Duty Investigation of Certain Non-Refillable Steel Cylinders from India,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise entered or withdrawn from warehouse for consumption on or after the effective date of the suspension of liquidation, as discussed in the ‘‘Continuation of Suspension of Liquidation’’ section. Administrative Protective Order This notice also serves as a reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the return or destruction 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 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 This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c). Dated: April 15, 2024. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix I—Scope of the Investigation The merchandise covered by this investigation is 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 specification 39, TransportCanada specification 39M, or United Nations pressure receptacle standard ISO 11118 and otherwise meeting the description provided below (non-refillable steel cylinders). The subject non-refillable steel cylinders are portable and range from 100-cubic inch (1.6 liter) water capacity to 1,526-cubic inch (25 liter) water capacity. Subject non-refillable steel cylinders may be imported with or without a valve and/or pressure release device and are unfilled at the time of importation. Non-refillable steel cylinders filled with pressurized air otherwise meeting the physical description above are covered by this investigation. Specifically excluded are seamless non- refillable steel cylinders. 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). The merchandise may also enter under HTSUS statistical reporting numbers 7310.29.0030 and 7310.29.0065. Although the HTSUS statistical reporting numbers are provided for convenience and customs purposes, the written description of the merchandise is dispositive. Appendix II—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Changes Since the Preliminary Determination V. Discussion of the Issues Comment 1: Whether to Apply Adverse Facts Available to Bhiwadi/Sapphire Comment 2: Whether to Adjust Bhiwadi/ Sapphire’s Export Prices for Average Annual Warranty Expenses Comment 3: Whether to Adjust Bhiwadi/ Sapphire’s Financial Expense Ratio Comment 4: Whether Certain of Bhiwadi/ Sapphire’s Cost Reallocations Should be Reversed Comment 5: Whether to Include the Purchase Cost of Semi-Finished Cylinders in Bhiwadi/Sapphire’s Cost of Manufacturing (COM) Comment 6: Whether to Adjust Bhiwadi/ Sapphire’s Reported Costs for Freight Inward and Loading and Unloading Expenses Comment 7: Whether to Make Certain Revisions to SIPL’s Reported COM Comment 8: Whether to Remove Raw Material Offsets Related to Profit Earned on Sales of Raw Materials Between BCPL and SIPL Comment 9: Whether Inox’s Cost Reconciliation is Misstated for both the Merchandise Under Consideration (MUC) and Non-MUC Comment 10: Whether Inox’s Direct Material Costs Are Unreconciled and Unsupported by Record Evidence Comment 11: Whether Inox Understated its Reported Direct Material Costs Comment 12: Whether Commerce Should Revise Inox’s Scrap Offset Comment 13: Whether Commerce Should Revise Inox’s General and Administrative Expense Ratio VI. Recommendation [FR Doc. 2024–08450 Filed 4–19–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–533–913] Certain Non-Refillable Steel Cylinders From India: Final Affirmative Countervailing Duty Determination AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of certain non-refillable steel cylinders (steel cylinders) from India. The period of investigation (POI) is April 1, 2022, through March 31, 2023. DATES : Applicable April 22, 2024. FOR FURTHER INFORMATION CONTACT : Shane Subler or Rachel Accorsi, AD/ CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–6241 or (202) 482–3149, respectively. SUPPLEMENTARY INFORMATION : Background On September 29, 2023, Commerce published the Preliminary Determination in the Federal Register.1 Subsequently, on February 8, 2024, Commerce released its Post-Preliminary Analysis. 2 For a complete description of the events that followed the Preliminary Determination, see the Issues and Decision Memorandum. 3 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 directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope of the Investigation The products covered by this investigation are steel cylinders. For a complete description of the scope of this investigation, see Appendix I. Scope Comments No interested party commented on the scope of the investigation as it appeared in the Preliminary Determination. Therefore, no changes were made to the scope of the investigation. VerDate Sep<11>2014 06:41 Apr 20, 2024 Jkt 262001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\22APN1.SGM 22APN1 lotter on DSK11XQN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – AD – Preliminary - India === 83906 Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Notices 1 See Certain Non-Refillable Steel Cylinders from India: Initiation of Less-Than-Fair-Value Investigation, 88 FR 33571 (May 24, 2023) (Initiation Notice). 2 See Certain Non-Refillable Steel Cylinders from India: Postponement of in the Less-Than-Fair-Value Investigation, 88 FR 62771 (September 13, 2023). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination in the Less-Than-Fair-Value Investigation of Certain Non- Refillable Steel Cylinders from India’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice, 88 FR at 33571. Standard leaded brass rod covered by the scope contains, by weight, 57.0–65.0 percent copper; 0.5–3.0 percent lead; no more than 1.3 percent iron; and at least 15 percent zinc. No-lead or low-lead brass rod covered by the scope contains by weight 59.0–76.0 percent copper; 0–1.5 percent lead; no more than 0.35 percent iron; and at least 15 percent zinc. Brass rod may also include other chemical elements (e.g., nickel, phosphorous, silicon, tin, etc.). Brass rod may be in straight lengths or coils. Brass rod covered by this investigation may be finished or unfinished, and may or may not be heated, extruded, pickled, or cold-drawn. Brass rod may be produced in accordance with ASTM B16, ASTM B124, ASTM B981, ASTM B371, ASTM B453, ASTM B21, ASTM B138, and ASTM B927, but such conformity to an ASTM standard is not required for the merchandise to be included within the scope. Excluded from the scope of this investigation is brass ingot, which is a casting of unwrought metal unsuitable for conversion into brass rod without remelting, that contains, by weight, at least 57.0 percent copper and 15.0 percent zinc. The merchandise covered by this investigation is currently classifiable under subheadings 7407.21.9000, 7407.21.7000, and 7407.21.1500 of the Harmonized Tariff Schedule of the United States (HTSUS). Products subject to the scope may also enter under HTSUS subheadings 7403.21.0000, 7407.21.3000, and 7407.21.5000. The HTSUS subheadings and UNS alloy designations are provided for convenience and customs purposes. The written description of the scope of the investigations is dispositive. Appendix II List of Sections in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope of Investigation V. Discussion of the Methodology VI. Currency Conversion VII. Recommendation [FR Doc. 2023–26417 Filed 11–30–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–912] Certain Non-Refillable Steel Cylinders From India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) preliminarily determines that certain non-refillable steel cylinders (cylinders) from India 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, 2022, through March 31, 2023. Interested parties are invited to comment on this preliminary determination. DATES : Applicable December 1, 2023. FOR FURTHER INFORMATION CONTACT : Benito Ballesteros, AD/CVD Operations, Office IX, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–7425. SUPPLEMENTARY INFORMATION : Background This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on May 24, 2023. 1 On September 13, 2023, Commerce postponed the preliminary determination of this investigation until November 24, 2023. 2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum. 3 A list of topics included 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 https:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope of the Investigation The products covered by this investigation are cylinders from India. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations, 4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).5 No interested party commented on the scope of the investigation as it appeared in the Initiation Notice. Therefore, Commerce is not preliminarily modifying the scope language as it appeared in the Initiation Notice. See the scope in Appendix I to this notice. Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated export price in accordance with section 772(a) of the Act. Normal value (NV) is calculated in accordance with section 773 of the Act. In addition, Commerce has relied on facts available with an adverse inference in determining a weighted-average dumping margin for Bhiwadi Cylinders Private Limited/Sapphire (India) Private Limited (collectively, Bhiwadi/ Sapphire) under sections 776(a) and (b) of the Act. For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. All-Others Rate Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in the preliminary determination Commerce shall determine an estimated all-others rate for all exporters and producers not individually examined. This rate shall be an amount equal to the weighted average of the estimated weighted- average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act. Pursuant to section 735(c)(5)(B) of the Act, if the estimated weighted-average dumping margins established for all exporters and producers individually examined are zero, de minimis, or determined based entirely on facts otherwise available, Commerce may use ‘‘any reasonable method to establish the estimated all-others rate for exporters and producers not individually investigated, including averaging the estimated weighted-average dumping margins determined for the exporters and producers individually investigated.’’ Commerce has preliminarily determined the estimated VerDate Sep<11>2014 18:47 Nov 30, 2023 Jkt 262001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\01DEN1.SGM 01DEN1 lotter on DSK11XQN23PROD with NOTICES1 83907Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Notices 6 See Petitioner’s Letter, ‘‘Certain Non-Refillable Cylinders from India—Petition from the Imposition of Antidumping and Countervailing Duties,’’ dated April 27, 2023 (Petition). 7 Commerce has preliminarily determined to collapse Bhiwadi and Sapphire and treat these companies as a single entity. See Preliminary Decision Memorandum. 8 See the ‘‘All Others Rate’’ section, supra; see also Initiation Notice, 88 FR at 33573. The margins alleged in the Petition were 6.24 percent and 61.00 percent. 9 See 19 CFR 351.309(d); see also Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 2023) (APO and Service Final Rule). weighted-average dumping margin for Bhiwadi/Sapphire under section 776 of the Act and has preliminarily determined that the estimated weighted- average dumping margin for Inox India Limited (Inox) is zero percent. Consequently, pursuant to section 735(c)(5)(B) of the Act, we calculated the all-others rate as a simple average of the alleged dumping margin(s) from the Petition.6 Preliminary Determination Commerce preliminarily determines that the following estimated weighted- average dumping margins exist for the period, April 1, 2022, through March 31, 2023: Exporter/producer Estimated weighted-average dumping margin (percent) Cash deposit rate (adjusted for subsidy offset(s)) (percent) Bhiwadi Cylinders Private Limited; Sapphire (India) Private Limited 7 ...................................................... 61.00 59.36 Inox India Limited ...................................................................................................................................... 0.00 0.00 All Others ................................................................................................................................................... 8 33.62 31.93 Consistent with section 733(b)(3) of the Act, Commerce disregards zero or de minimis rates and preliminarily determines that the individually examined respondent with a zero or de minimis rate has not made sales of subject merchandise at LTFV. Suspension of Liquidation In accordance with section 733(d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise, as described in Appendix I, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register, as discussed below. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the estimated weighted-average dumping margin or the estimated all-others rate, as follows: (1) the cash deposit rate for the respondents listed above will be equal to the company-specific estimated weighted-average dumping margins determined in this preliminary determination; (2) if the exporter is not a respondent identified above, but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted-average dumping margin established for that producer of the subject merchandise except as explained below; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin. Because the estimated weighted- average dumping margin for Inox is zero, entries of shipments of subject merchandise from this company will not be subject to suspension of liquidation or cash deposit requirements. In such situations, Commerce applies the exclusion to the provisional measures to the producer/ exporter combination that was examined in the investigation. Accordingly, Commerce is directing CBP not to suspend liquidation of entries of subject merchandise produced and exported by Inox. Entries of shipments of subject merchandise from Inox in any other producer/exporter combination, or by third parties that sourced subject merchandise from the excluded producer/exporter combination, are subject to the provisional measures at the all-others rate. Should the final estimated weighted- average dumping margin be zero or de minimis for the producer/exporter combination identified above, entries of shipments of subject merchandise from this producer/exporter combination will be excluded from the potential antidumping duty order. Such exclusions are not applicable to merchandise exported to the United States by this respondent in any other producer/exporter combination or by third parties that sourced subject merchandise from the excluded producer/exporter combination. Commerce normally adjusts cash deposits for estimated antidumping duties by the amount of export subsidies countervailed in a companion countervailing duty (CVD) proceeding, when CVD provisional measures are in effect. Accordingly, where Commerce preliminarily made an affirmative determination for countervailable export subsidies, Commerce has offset the estimated weighted-average dumping margin by the appropriate CVD rate. Any such adjusted cash deposit rate may be found in the ‘‘Preliminary Determination’’ section above. Should provisional measures in the companion CVD investigation expire prior to the expiration of provisional measures in this LTFV investigation, Commerce will direct CBP to begin collecting estimated antidumping duty cash deposits unadjusted for countervailed export subsidies at the time that the provisional CVD measures expire. These suspension of liquidation instructions will remain in effect until further notice. Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination. Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last verification report is issued in this investigation. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.9 Interested parties who submit case briefs or rebuttal briefs in this proceeding must submit: (1) a table of contents listing VerDate Sep<11>2014 18:47 Nov 30, 2023 Jkt 262001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\01DEN1.SGM 01DEN1 lotter on DSK11XQN23PROD with NOTICES1 83908 Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Notices 10 See 19 351.309(c)(2) and (d)(2) 11 We use the term ‘‘issue’’ here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. 12 See APO and Service Final Rule. 13 See Bhiwadi/Sapphire’s Letter, ‘‘Bhiwadi’s Request for Extension of Final Determination,’’ dated October 31, 2023. each issue; and (2) a table of authorities. 10 As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior proceedings we have encouraged interested parties to provide an executive summary of their briefs that should be limited to five pages total, including footnotes. In this investigation, we instead request that interested parties provide at the beginning of their briefs a public, executive summary for each issue raised in their briefs.11 Further, we request that interested parties limit their executive summary of each issue to no more than 450 words, not including citations. We intend to use the executive summaries as the basis of the comment summaries included in the Issues and Decision Memorandum that will accompany the final determination in this investigation. We request that interested parties include footnotes for relevant citations in the executive summary of each issue. Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f). 12 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party’s name, address, and telephone number, the number of participants, and a list of the issues to be discussed. If a request for a hearing is made, Commerce will inform parties of the time and date for the hearing. Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. Section 351.210(e)(2) of Commerce’s regulations requires that a request by exporters for postponement of the final determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. On October 31, 2023, pursuant to 19 CFR 351.210(e), Bhiwadi/Sapphire requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed six months.13 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) the preliminary determination is affirmative; (2) the requesting exporter account for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, Commerce is postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, Commerce will make its final determination no later than 135 days after the date of publication of this preliminary determination. U.S. International Trade Commission Notification In accordance with section 733(f) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its preliminary determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether these imports are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Dated: November 24, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The merchandise covered by this investigation is 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 specification 39, TransportCanada specification 39M, or United Nations pressure receptacle standard ISO 11118 and otherwise meeting the description provided below (non-refillable steel cylinders). The subject non-refillable steel cylinders are portable and range from 100-cubic inch (1.6 liter) water capacity to 1,526-cubic inch (25 liter) water capacity. Subject non-refillable steel cylinders may be imported with or without a valve and/or pressure release device and are unfilled at the time of importation. Non-refillable steel cylinders filled with pressurized air otherwise meeting the physical description above are covered by this investigation. Specifically excluded are seamless non- refillable steel cylinders. 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). The merchandise may also enter under HTSUS statistical reporting numbers 7310.29.0030 and 7310.29.0065. Although the HTSUS statistical reporting numbers are provided for convenience and customs purposes, the written description of the merchandise is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope of the Investigation V. Affiliation and Single Entity Treatment VI. Application of Facts Available and Use of Adverse Inference VII. Discussion of the Methodology VIII. Currency Conversion IX. Adjustments to Cash Deposit Rates for Export Subsidies in Companion Countervailing Duty Investigation X. Recommendation [FR Doc. 2023–26409 Filed 11–30–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–823–817] Prestressed Concrete Steel Wire Strand From Ukraine: Rescission of 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 rescinding the administrative review of the antidumping duty (AD) order on prestressed concrete steel wire strand (PC strand) from Ukraine for the period of review (POR) June 1, 2022, through May 31, 2023. DATES : Applicable December 1, 2023. VerDate Sep<11>2014 18:47 Nov 30, 2023 Jkt 262001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\01DEN1.SGM 01DEN1 lotter on DSK11XQN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Determination – CVD – Final - India === 29296 Federal Register / Vol. 89, No. 78 / Monday, April 22, 2024 / Notices 1 See Certain Non-Refillable Steel Cylinders from India: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 88 FR 67231 (September 29, 2023) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Decision Memorandum for the Post-Preliminary Analysis in the Countervailing Duty Investigation of Certain Non-Refillable Steel Cylinders from India,’’ dated February 8, 2024 (Post-Preliminary Analysis). 3 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination of the Countervailing Duty Investigation of Certain Non-Refillable Steel Cylinders from India,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise entered or withdrawn from warehouse for consumption on or after the effective date of the suspension of liquidation, as discussed in the ‘‘Continuation of Suspension of Liquidation’’ section. Administrative Protective Order This notice also serves as a reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the return or destruction 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 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 This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c). Dated: April 15, 2024. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix I—Scope of the Investigation The merchandise covered by this investigation is 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 specification 39, TransportCanada specification 39M, or United Nations pressure receptacle standard ISO 11118 and otherwise meeting the description provided below (non-refillable steel cylinders). The subject non-refillable steel cylinders are portable and range from 100-cubic inch (1.6 liter) water capacity to 1,526-cubic inch (25 liter) water capacity. Subject non-refillable steel cylinders may be imported with or without a valve and/or pressure release device and are unfilled at the time of importation. Non-refillable steel cylinders filled with pressurized air otherwise meeting the physical description above are covered by this investigation. Specifically excluded are seamless non- refillable steel cylinders. 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). The merchandise may also enter under HTSUS statistical reporting numbers 7310.29.0030 and 7310.29.0065. Although the HTSUS statistical reporting numbers are provided for convenience and customs purposes, the written description of the merchandise is dispositive. Appendix II—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Changes Since the Preliminary Determination V. Discussion of the Issues Comment 1: Whether to Apply Adverse Facts Available to Bhiwadi/Sapphire Comment 2: Whether to Adjust Bhiwadi/ Sapphire’s Export Prices for Average Annual Warranty Expenses Comment 3: Whether to Adjust Bhiwadi/ Sapphire’s Financial Expense Ratio Comment 4: Whether Certain of Bhiwadi/ Sapphire’s Cost Reallocations Should be Reversed Comment 5: Whether to Include the Purchase Cost of Semi-Finished Cylinders in Bhiwadi/Sapphire’s Cost of Manufacturing (COM) Comment 6: Whether to Adjust Bhiwadi/ Sapphire’s Reported Costs for Freight Inward and Loading and Unloading Expenses Comment 7: Whether to Make Certain Revisions to SIPL’s Reported COM Comment 8: Whether to Remove Raw Material Offsets Related to Profit Earned on Sales of Raw Materials Between BCPL and SIPL Comment 9: Whether Inox’s Cost Reconciliation is Misstated for both the Merchandise Under Consideration (MUC) and Non-MUC Comment 10: Whether Inox’s Direct Material Costs Are Unreconciled and Unsupported by Record Evidence Comment 11: Whether Inox Understated its Reported Direct Material Costs Comment 12: Whether Commerce Should Revise Inox’s Scrap Offset Comment 13: Whether Commerce Should Revise Inox’s General and Administrative Expense Ratio VI. Recommendation [FR Doc. 2024–08450 Filed 4–19–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–533–913] Certain Non-Refillable Steel Cylinders From India: Final Affirmative Countervailing Duty Determination AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of certain non-refillable steel cylinders (steel cylinders) from India. The period of investigation (POI) is April 1, 2022, through March 31, 2023. DATES : Applicable April 22, 2024. FOR FURTHER INFORMATION CONTACT : Shane Subler or Rachel Accorsi, AD/ CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–6241 or (202) 482–3149, respectively. SUPPLEMENTARY INFORMATION : Background On September 29, 2023, Commerce published the Preliminary Determination in the Federal Register.1 Subsequently, on February 8, 2024, Commerce released its Post-Preliminary Analysis. 2 For a complete description of the events that followed the Preliminary Determination, see the Issues and Decision Memorandum. 3 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 directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope of the Investigation The products covered by this investigation are steel cylinders. For a complete description of the scope of this investigation, see Appendix I. Scope Comments No interested party commented on the scope of the investigation as it appeared in the Preliminary Determination. Therefore, no changes were made to the scope of the investigation. VerDate Sep<11>2014 06:41 Apr 20, 2024 Jkt 262001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\22APN1.SGM 22APN1 lotter on DSK11XQN23PROD with NOTICES1 29297Federal Register / Vol. 89, No. 78 / Monday, April 22, 2024 / Notices 4 See Memoranda, ‘‘Verification of the Questionnaire Responses of INOX India Ltd.,’’ dated March 1, 2024; ‘‘Verification of the Questionnaire Responses of the Government of India,’’ dated March 1, 2024; and ‘‘Verification of the Questionnaire Responses of Bhiwadi Cylinders Private Limited,’’ dated March 7, 2024. 5 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. 6 Commerce finds the following company to be cross-owned with Bhiwadi Cylinders Private Limited: Sapphire (India) Private Limited. Verification Commerce conducted verification of the information relied upon in making its final determination in this investigation, in accordance with section 782(i) of the Tariff Act of 1930, as amended (the Act). Specifically, we conducted on-site verifications of the Government of India, Inox India Ltd. (Inox), and Bhiwadi Cylinders Private Limited (Bhiwadi) in February 2024 using standard verification procedures, including an examination of relevant sales and accounting records, and original source documents provided by the respondents. 4 Analysis of Comments Received The subsidy programs under investigation, and the issues raised in the case and rebuttal briefs by parties in this investigation, are discussed in the Issues and Decision Memorandum. For a list of the issues raised by parties, and to which we responded in the Issues and Decision Memorandum, see Appendix II. Methodology Commerce conducted this investigation in accordance with section 701 of the Act. For each of the subsidy programs found to be countervailable, Commerce determines 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.5 For a full description of the methodology underlying our final determination, see the Issues and Decision Memorandum. In making this final determination, Commerce relied, in part, on facts available and, because it finds that the Government of India did not act to the best of its ability to respond to Commerce’s requests for information, Commerce has drawn an adverse inference where appropriate in selecting from among the facts otherwise available. For a full discussion of our application of adverse facts available, see the ‘‘Use of Facts Otherwise Available and Application of Adverse Inferences’’ section in the Issues and Decision Memorandum. Changes Since the Preliminary Determination and Post-Preliminary Analysis Based on our findings at verification and our review and analysis of the comments received from parties, for this final determination, we made certain changes to the countervailable subsidy rate calculations for Inox, Bhiwadi, and for all other producers/exporters. For a discussion of these changes, see the Issues and Decision Memorandum. All-Others Rate Pursuant to section 705(c)(5)(A)(i) of the Act, Commerce will determine an all-others rate equal to the weighted- average countervailable subsidy rates established for exporters and/or producers individually investigated, excluding any zero and de minimis countervailable subsidy rates, and any rates based entirely under section 776 of the Act. We continue to calculate individual estimated countervailable subsidy rates for Bhiwadi and Inox that are not zero, de minimis, or based entirely on facts otherwise available. We, therefore, continue to calculate the all-others rate using a weighted average of the individual estimated subsidy rates calculated for Bhiwadi and Inox, the individually examined exporters/ producers in this investigation, pursuant to section 705(c)(5)(A)(i) of the Act. Final Determination Commerce determines that the following estimated countervailable subsidy rates exist for the period April 1, 2022, through March 31, 2023: Company Subsidy rate ad valorem (percent) Bhiwadi Cylinders Private Lim- ited 6 ........................................ 2.48 Inox India Ltd .............................. 2.26 All Others .................................... 2.38 Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this final determination within five days of any public announcement, or if there is no public announcement, within five days of the date of the publication of this notice in the Federal Register, in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation As a result of our Preliminary Determination, and pursuant to sections 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S. Customs and Border Protection (CBP) to collect cash deposits and suspend liquidation of entries of subject merchandise as described in the scope of the investigation section entered, or withdrawn from warehouse, for consumption on or after September 29, 2023, the date of publication of the Preliminary Determination in the Federal Register. In accordance with section 703(d) of the Act, on January 29, 2024, we instructed CBP to discontinue the suspension of liquidation of all entries of subject merchandise entered or withdrawn from warehouse on or after January 27, 2024, but to continue the suspension of liquidation of all entries of subject merchandise on or after September 29, 2023, to on or before January 26, 2024. If the U.S. International Trade Commission (ITC) issues a final affirmative injury determination, we will issue a countervailing duty order, reinstate the suspension of liquidation under section 706(a) of the Act, and require a cash deposit of estimated countervailing duties for such entries of subject merchandise in the amounts indicated above, in accordance with section 706(a) of the Act. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated, and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled. ITC Notification In accordance with section 705(d) of the Act, Commerce will notify the ITC of its final affirmative determination that countervailable subsidies are being provided to producers and exporters of steel cylinders from India. As Commerce’s final determination is affirmative, in accordance with section 705(b) of the Act, the ITC will determine, within 45 days, whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of steel cylinders from India. In addition, we are making available to the ITC all non-privileged and non-proprietary information related to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or VerDate Sep<11>2014 06:41 Apr 20, 2024 Jkt 262001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\22APN1.SGM 22APN1 lotter on DSK11XQN23PROD with NOTICES1 29298 Federal Register / Vol. 89, No. 78 / Monday, April 22, 2024 / Notices 1 See Brass Rod from the Republic of Korea: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 88 FR 83915 (December 1, 2023) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM) (Postponing the final determination to 135 days after the publication of the Preliminary Determination would place the deadline on Sunday April 14, 2024. Pursuant to the ‘‘Next Business Day’’ rule, where a deadline falls on a weekend or federal holiday, the appropriate deadline is the next business day. See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005)). 2 See Memorandum, ‘‘Decision Memorandum for the Final Affirmative Determination of Sales at Less-Than-Fair-Value in the Investigation of Brass Rod from the Republic of Korea,’’ dated under an administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance. Administrative Protective Order In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to an APO of their responsibility concerning the destruction of proprietary information disclosed under APO, in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/ 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 This determination is issued and published pursuant to sections 705(d) and 777(i) of the Act, and 19 CFR 351.210(c). Dated: April 15, 2024. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The merchandise covered by this investigation is 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 specification 39, TransportCanada specification 39M, or United Nations pressure receptacle standard ISO 11118 and otherwise meeting the description provided below (non-refillable steel cylinders). The subject non-refillable steel cylinders are portable and range from 100-cubic inch (1.6 liter) water capacity to 1,526-cubic inch (25 liter) water capacity. Subject non-refillable steel cylinders may be imported with or without a valve and/or pressure release device and are unfilled at the time of importation. Non-refillable steel cylinders filled with pressurized air otherwise meeting the physical description above are covered by this investigation. Specifically excluded are seamless non- refillable steel cylinders. 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). The merchandise may also enter under HTSUS statistical reporting numbers 7310.29.0030 and 7310.29.0065. Although the HTSUS statistical reporting numbers are provided for convenience and customs purposes, the written description of the merchandise is dispositive. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Subsidies Valuation Information V. Use of Facts Otherwise Available and Application of Adverse Inferences VI. Analysis of Programs VII. Discussion of the Issues Comment 1: Whether Commerce Incorrectly Found the Duty Drawback (DDB) Program to Be Countervailable Comment 2: Whether Commerce Incorrectly Determined that the Mandatory Respondents Benefited from the Merchandise Export from India Scheme (MEIS) and Target Plus Scheme (TPS) After the Programs Were Discontinued Comment 3a: Whether Commerce Should Revise the Calculation of the Export Promotion of Capital Goods Scheme (EPCGS) Benefit for Inox Comment 3b: Whether Commerce Incorrectly Found the EPCGS to Be Countervailable Comment 4a: Whether Commerce Incorrectly Found the Remission of Duties and Taxes on Export Products (RODTEP) Scheme to Be Countervailable Comment 4b: Whether Commerce Should Amend Its Benefit Calculation Methodology for the RODTEP Program Comment 5a: Whether Commerce Erred by Applying Adverse Facts Available (AFA) in Its Specificity Determinations for the Provision of Cold-Rolled (CR) Steel by the Steel Authority of India Limited (SAIL) for Less Than Adequate Remuneration (LTAR) and the Provision of Hot-Rolled (HR) Steel by SAIL for LTAR Programs Comment 5b: Whether SAIL Is a Government ‘‘Authority’’ Comment 5c: Whether Commerce Should Find the Indian CR Steel and HR Steel Markets to Be Distorted by the Government of India’s (GOI) Involvement Comment 5d: Whether Commerce Properly Countervailed Bhiwadi’s HR Coil Purchases Comment 6: Whether Commerce Should Correct Its Status Holders Incentive Scheme (SHIS) Benefit Calculation Methodology Comment 7: Whether Inox Received a Stamp Duty Exemption Within the Kandla Special Economic Zone (SEZ) to Produce Subject Merchandise Comment 8: Whether the Mukhyamantri Apprentice Training Scheme (MATS) Confers a Countervailable Subsidy VIII. Recommendation [FR Doc. 2024–08451 Filed 4–19–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–916] Brass Rod From the Republic of Korea: Final Affirmative Determination of Sales at Less Than Fair Value AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : The U.S. Department of Commerce (Commerce) determines that brass rod from the Republic of Korea (Korea) is being, or is likely to be, sold in the United States at less than fair value (LTFV) for the period of investigation (POI) April 1, 2022, through March 31, 2023. DATES : Applicable April 22, 2024. FOR FURTHER INFORMATION CONTACT : Krisha Hill or Drew Jackson, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4037 or (202) 482–4406, respectively. SUPPLEMENTARY INFORMATION : Background On December 1, 2023, Commerce published in the Federal Register its preliminary affirmative determination in the LTFV investigation of brass rod from Korea, in which it also postponed the final determination until April 15, 2023. 1 We invited interested parties to comment on the Preliminary Determination. A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination may be found in the Issues and Decision Memorandum. 2 The Issues and Decision VerDate Sep<11>2014 06:41 Apr 20, 2024 Jkt 262001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\22APN1.SGM 22APN1 lotter on DSK11XQN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === USITC Determination - Final === 49903Federal Register / Vol. 89, No. 114 / Wednesday, June 12, 2024 / Notices 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 2 89 FR 29294 (April 22, 2024) and 89 FR 29296 (April 22, 2024). investigations, including statements of support or opposition to the petition, on or before August 21, 2024. On September 6, 2024, the Commission will make available to parties all information on which they have not had an opportunity to comment. Parties may submit final comments on this information on or before September 10, 2024, but such final comments must not contain new factual information and must otherwise comply with § 207.30 of the Commission’s rules. All written submissions must conform with the provisions of § 201.8 of the Commission’s rules; any submissions that contain BPI must also conform with the requirements of §§ 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s Handbook on Filing Procedures, available on the Commission’s website at https:// www.usitc.gov/documents/handbook_ on_filing_procedures.pdf, elaborates upon the Commission’s procedures with respect to filings. Additional written submissions to the Commission, including requests pursuant to § 201.12 of the Commission’s rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff. In accordance with §§ 201.16(c) and 207.3 of the Commission’s rules, each document filed by a party to the investigations must be served on all other parties to the investigations (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to § 207.21 of the Commission’s rules. By order of the Commission. Issued: June 6, 2024. Lisa Barton, Secretary to the Commission. [FR Doc. 2024–12814 Filed 6–11–24; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–689 and 731– TA–1618 (Final)] Non-Refillable Steel Cylinders From India; Determinations On the basis of the record 1 developed in the subject investigations, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that an industry in the United States is materially injured by reason of imports of non-refillable steel cylinders (‘‘NRSC’’) from India, provided for in subheading 7311.00.00 of the Harmonized Tariff Schedule of the United States, that have been found by the U.S. Department of Commerce (‘‘Commerce’’) to be sold in the United States at less than fair value (‘‘LTFV’’), and imports of the subject merchandise from India that have been found to be subsidized by the government of India. 2 Background The Commission instituted these investigations effective April 27, 2023, following receipt of petitions filed with the Commission and Commerce by Worthington Industries, Columbus, Ohio. The final phase of the investigations was scheduled by the Commission following notification of preliminary determinations by Commerce that imports of NRSC from India were subsidized within the meaning of section 703(b) of the Act (19 U.S.C. 1671b(b)) and sold at LTFV within the meaning of 733(b) of the Act (19 U.S.C. 1673b(b)). Notice of the scheduling of the final phase of the Commission’s investigations and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register on December 13, 2023 (88 FR 86379). The Commission conducted its hearing on April 16, 2024. The Commission made these determinations pursuant to §§ 705(b) and 735(b) of the Act (19 U.S.C. 1671d(b) and 19 U.S.C. 1673d(b)). It completed and filed its determinations in these investigations on June 6, 2024. The views of the Commission are contained in USITC Publication 5509 (May 2024), entitled Non-Refillable Steel Cylinders from India: Investigation Nos. 701–TA–689 and 731–TA–1618 (Final). By order of the Commission. Issued: June 5, 2024. Lisa Barton, Secretary to the Commission. [FR Doc. 2024–12797 Filed 6–11–24; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–1658 (Final)] Truck and Bus Tires From Thailand; Scheduling of the Final Phase of an Antidumping Duty Investigation AGENCY : United States International Trade Commission. ACTION : Notice. SUMMARY : The Commission hereby gives notice of the scheduling of the final phase of antidumping investigation No. 731–TA–1658 (Final) pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of truck and bus tires from Thailand, provided for in subheadings 4011.20.10 and 4011.20.50 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce (‘‘Commerce’’) to be sold at less-than-fair-value. DATES : May 20, 2024. FOR FURTHER INFORMATION CONTACT : Peter Stebbins ((202) 205–2039), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing- impaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION : Scope.—For purposes of this investigation, Commerce has defined the subject merchandise as ‘‘new pneumatic tires, of rubber, with a truck or bus size designation. Truck and bus tires covered by the scope may be tube- VerDate Sep<11>2014 17:43 Jun 11, 2024 Jkt 262001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 ddrumheller on DSK120RN23PROD with NOTICES1 ──────────────────────────────────────────────────────────── === Orders - AD/CVD - India === 50257Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Notices 5 See Fresh Garlic from the People’s Republic of China: Initiation of Circumvention Inquiry on the Antidumping Duty Order, 88 FR 37510 (June 8, 2023) (Initiation Notice). 6 See Order. 1 See Certain Non-Refillable Steel Cylinders from India: Final Affirmative Countervailing Duty Determination, 89 FR 29296 (April 22, 2024) (CVD Final Determination), and accompanying Issues and Decision Memorandum (IDM). 2 See Final Affirmative Determination in the Less- Than-Fair-Value Investigation of Certain Non- Refillable Steel Cylinders from India, 89 FR 29294 (April 22, 2024), and accompanying IDM. 3 See ITC’s Letter, ‘‘Notification of ITC Final Determinations,’’ dated June 6, 2024 (ITC Notification Letter). 4 Id. publication of the Initiation Notice 5). Pursuant to 19 CFR 351.226(l)(3), we will also instruct CBP to require AD cash deposit rates in effect for fresh garlic for each unliquidated entry of small and large garlic chunks produced in and exported from China that have been entered, or withdrawn from warehouse, for consumption on or after June 8, 2023 (i.e., the date of the initiation of this inquiry). 6 The suspension of liquidation instructions and cash deposit requirements will remain in effect until further notice. Opportunity To Request an Administrative Review Each year during the anniversary month of the publication of an AD or countervailing duty (CVD) order, finding, or suspended investigation, an interested party, as defined in section 771(9) of the Act, may request, in accordance with 19 CFR 351.213, that Commerce conduct an administrative review of that AD or CVD order, finding, or suspended investigation. An interested party who would like Commerce to conduct an administrative review should wait until Commerce announces via the Federal Register the next opportunity during the anniversary month of the publication of the Order to submit such requests. The anniversary month for this Order is November. Administrative Protective Order This notice will serve as the only reminder to all parties subject to an administrative protective order (APO) of their responsibility concerning the destruction 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 hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. Notification to Interested Parties This determination is issued and published in accordance with section 781(c) of the Act and 19 CFR 351.226(g)(2). Dated: June 7, 2024. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the 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. Merchandise Subject to the Circumvention Inquiry V. Period of the Circumvention Inquiry VI. Discussion of the Issues Comment 1: Whether the Inquiry Merchandise Is Excluded from the Order Due to Preservation by the Addition of Other Ingredients Comment 2: Whether the Inquiry Merchandise Is Excluded from the Order by being ‘‘Further Processed’’ Comment 3: Whether the Inquiry Merchandise Has Undergone Minor Alteration VII. Recommendation [FR Doc. 2024–13044 Filed 6–12–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–912, C–533–913] Certain Non-Refillable Steel Cylinders From India: Antidumping Duty and Countervailing Duty Orders AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : Based on affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing antidumping duty (AD) and countervailing duty (CVD) orders on certain non-refillable steel cylinders (steel cylinders) from India. DATES : Applicable June 13, 2024. FOR FURTHER INFORMATION CONTACT : Shane Subler (CVD), Rachel Accorsi (CVD), Benito Ballesteros (AD), or Samuel Evans (AD), AD/CVD Operations, Offices VIII and IX, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–6241, (202) 482–3149, (202) 482–7425, or (202) 482–2420, respectively. SUPPLEMENTARY INFORMATION : Background In accordance with section 705(d) of the Tariff Act of 1930, as amended (the Act), on April 22, 2024, Commerce published its affirmative final determination that countervailable subsidies are being provided to producers and exporters of steel cylinders from India. 1 Also on April 22, 2024, in accordance with section 735(d) of the Act, Commerce published its affirmative final determination in the less-than-fair-value (LTFV) investigation of steel cylinders from India.2 On June 6, 2024, pursuant to sections 705(d) and 735(d) of the Act, the ITC notified Commerce of its final affirmative determinations that an industry in the United States is materially injured by reason of subsidized imports of steel cylinders from India within the meaning of section 705(b)(1)(A)(i) of the Act and LTFV imports of steel cylinders from India within the meaning of section 735(b)(1)(A)(i) of the Act. 3 Scope of the Orders The products covered by these orders are steel cylinders from India. For a complete description of the scope of the orders, see the appendix to this notice. AD Order On June 6, 2024, in accordance with section 735(d) of the Act, the ITC notified Commerce of its final determination that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act by reason of imports of steel cylinders from India that are sold in the United States at LTFV.4 Therefore, in accordance with sections 735(c)(2) and 736 of the Act, Commerce is issuing this AD order. Moreover, because the ITC determined that imports of steel cylinders from India are materially injuring a U.S. industry, unliquidated entries of such merchandise from India entered or withdrawn from warehouse for consumption are subject to the assessment of ADs. VerDate Sep<11>2014 19:28 Jun 12, 2024 Jkt 262001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\13JNN1.SGM 13JNN1 lotter on DSK11XQN23PROD with NOTICES1 50258 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Notices 5 See Certain Non-Refillable Steel Cylinders From India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 88 FR 83906 (December 1, 2023) (AD Preliminary Determination). 6 As noted below, merchandise produced and exported by Inox India Limited (Inox) is excluded from the AD order. Therefore, the all-others rate applies to entries of any merchandise produced by Inox and exported by any other company or merchandise produced by any other company and exported by Inox. 7 In the companion CVD investigation, Commerce calculated a 2.14 percent export subsidy rate for Bhiwadi Cylinders Private Limited and Sapphire (India) Private Limited. See CVD Final Determination IDM at 7–10. 8 Merchandise produced and exported by Inox is excluded from the AD order. This exclusion does not apply to merchandise produced by Inox and exported by any other company or merchandise produced by any other company and exported by Inox. Resellers of merchandise produced by Inox are also not entitled to this exclusion. 9 See AD Preliminary Determination, 88 FR at 83908. 10 See ITC Notification Letter. Therefore, in accordance with section 736(a)(1) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by Commerce, ADs equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise on all relevant entries of steel cylinders from India. ADs will be assessed on unliquidated entries of steel cylinders entered, or withdrawn from warehouse, for consumption on or after December 1, 2023, the date of publication of the AD Preliminary Determination,5 but will not include entries occurring after the expiration of the provisional measures period and before publication of the ITC’s final injury determination, as further described below. Continuation of Suspension of Liquidation and Cash Deposits—AD Except as noted in the ‘‘Provisional Measures—AD’’ section of this notice, in accordance with section 736 of the Act, Commerce intends to instruct CBP to continue to suspend liquidation on all relevant entries of steel cylinders from India. These instructions suspending liquidation will remain in effect until further notice. Commerce also intends to instruct CBP to require cash deposits equal to the estimated weighted-average dumping margins indicated in the table below, adjusted by the relevant subsidy offsets. Accordingly, effective on the date of publication in the Federal Register of the notice of the ITC’s final affirmative injury determination, CBP will require, at the same time as importers would normally deposit estimated customs duties on subject merchandise, a cash deposit equal to the rates listed in the table below. The all- others rate applies to all producers or exporters not specifically listed, as appropriate.6 Because the estimated weighted-average dumping margin is zero for subject merchandise produced and exported by Inox, entries of shipments of subject merchandise from this producer/exporter combination are excluded from the AD order on subject merchandise from India. This exclusion will not be applicable to merchandise exported to the United States by this respondent in any other producer/ exporter combination or by third parties that sourced subject merchandise from the excluded producer/exporter combination. Estimated Weighted-Average Dumping Margins The estimated weighted-average dumping margins are as follows: Exporter/producer Estimated weighted-average dumping margin (percent) Cash deposit rate (adjusted for subsidy offsets) (percent) 7 Bhiwadi Cylinders Private Limited; Sapphire (India) Private Limited ...................................................... 6.27 4.13 Inox India Limited 8 .................................................................................................................................. 0.00 0.00 All Others ................................................................................................................................................. 6.27 4.13 Provisional Measures—AD Section 733(d) of the Act states that suspension of liquidation pursuant to an affirmative preliminary determination may not remain in effect for more than four months, except where exporters representing a significant proportion of exports of the subject merchandise request that Commerce extend the four- month period to no more than six months. At the request of exporters that accounted for a significant proportion of exports of steel cylinders from India, Commerce extended the four-month period to no more than six months.9 Commerce published the AD Preliminary Determination on December 1, 2023. Therefore, the six-month period beginning on the date of the publication of the AD Preliminary Determination ended on May 28, 2024. Pursuant to section 737(b) of the Act, the collection of cash deposits at the rates listed above will begin on the date of publication of the ITC’s final injury determination. Therefore, in accordance with section 736(a)(1) of the Act and our practice, Commerce will instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to ADs, unliquidated entries of steel cylinders from India entered, or withdrawn from warehouse, for consumption on May 29, 2024, the first day provisional measures were no longer in effect, until and through the day preceding the date of publication of the ITC’s final injury determination in the Federal Register. Suspension of liquidation and the collection of cash deposits will resume on the date of publication of the ITC’s final determination in the Federal Register. CVD Order As stated above, based on the above- referenced affirmative final determination by the ITC 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 cylinders from India,10 in accordance with section 705(c)(2) of the Act, Commerce is issuing this CVD order. Moreover, because the ITC determined that imports of steel cylinders from India are materially injuring a U.S. industry, unliquidated entries of subject merchandise from India entered, or withdrawn from warehouse, for consumption, are subject to the assessment of CVDs. Therefore, in accordance with section 706(a) of the Act, Commerce intends to direct CBP to assess, upon further instruction by Commerce, CVDs on all relevant entries of steel cylinders from India, which are entered, or withdrawn from warehouse, for consumption on or after September 29, 2023, the date of publication of the CVD Preliminary Determination, but will not include entries occurring after the expiration of VerDate Sep<11>2014 19:28 Jun 12, 2024 Jkt 262001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\13JNN1.SGM 13JNN1 lotter on DSK11XQN23PROD with NOTICES1 50259Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Notices 11 See Certain Non-Refillable Steel Cylinders from India: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 88 FR 67231 (September 29, 2023) (CVD Preliminary Determination). 12 Commerce found the following company to be cross-owned with Bhiwadi Cylinders Private Limited: Sapphire (India) Private Limited. See CVD Final Determination, 89 FR at 29297. 13 See CVD Preliminary Determination. 14 See Regulations to Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20, 2021) (Final Rule). 15 See Scope Ruling Application; Annual Inquiry Service List; and Informational Sessions, 86 FR 53205 (September 27, 2021) (Procedural Guidance). 16 Id. 17 This segment will be combined with the ACCESS Segment Specific Information (SSI) field which will display the month in which the notice of the order or suspended investigation was published in the Federal Register, also known as the anniversary month. For example, for an order under case number A–000–000 that was published in the Federal Register in January, the relevant segment and SSI combination will appear in ACCESS as ‘‘AISL-January Anniversary.’’ Note that there will be only one annual inquiry service list segment per case number, and the anniversary month will be pre-populated in ACCESS. 18 See Procedural Guidance, 86 FR at 53206. 19 See Final Rule, 86 FR at 52335. the provisional measures period and before the publication of the ITC’s final injury determination under section 705(b) of the Act, as further described in the ‘‘Provisional Measures—CVD’’ section of this notice.11 Suspension of Liquidation and Cash Deposits—CVD In accordance with section 706 of the Act, Commerce intends to instruct CBP to reinstitute the suspension of liquidation of steel cylinders from India, effective on the date of publication of the ITC’s final affirmative injury determination in the Federal Register. These instructions suspending liquidation will remain in effect until further notice. Commerce also intends, pursuant to section 706(a)(1) of the Act, to instruct CBP to require cash deposits equal to the amounts as indicated below. Accordingly, effective on the date of publication of the ITC’s final affirmative injury determination in the Federal Register, CBP must require, at the same time as importers would deposit estimated normal customs duties on the subject merchandise, a cash deposit for each entry of subject merchandise equal to the subsidy rates listed below. The all-others rate applies to all producers or exporters not specifically listed below, as appropriate. Estimated Countervailable Subsidy Rates Company Subsidy rate (percent ad valorem) Bhiwadi Cylinders Private Limited 12 ........................... 2.48 Inox India Ltd ........................ 2.26 All Others .............................. 2.38 Provisional Measures—CVD 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 CVD Preliminary Determination on September 29, 2023.13 As such, the four-month period beginning on the date of the publication of the CVD Preliminary Determination ended on January 26, 2024. Therefore, in accordance with section 703(d) of the Act, we instructed CBP to terminate the suspension of liquidation and to liquidate, without regard to CVDs, unliquidated entries of steel cylinders from India entered, or withdrawn from warehouse, for consumption, on or after January 27, 2024, the date on which the provisional measures expired, until and through the day preceding the date of publication of the ITC’s final injury determination in the Federal Register. Suspension of liquidation and the collection of cash deposits will resume on the date of publication of the ITC’s final determination in the Federal Register. Establishment of the Annual Inquiry Service Lists On September 20, 2021, Commerce published the Final Rule in the Federal Register. 14 On September 27, 2021, Commerce also published the Procedural Guidance in the Federal Register.15 The Final Rule and Procedural Guidance provide that Commerce will maintain an annual inquiry service list for each order or suspended investigation, and any interested party submitting a scope ruling application or request for circumvention inquiry shall serve a copy of the application or request on the persons on the annual inquiry service list for that order, as well as any companion order covering the same merchandise from the same country of origin.16 In accordance with the Procedural Guidance, for orders published in the Federal Register after November 4, 2021, Commerce will create an annual inquiry service list segment in Commerce’s online e-filing and document management system, Antidumping and Countervailing Duty Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the notice of the order. Each annual inquiry service list will be saved in ACCESS, under each case number, and under a specific segment type called ‘‘AISL-Annual Inquiry Service List.’’ 17 Interested parties who wish to be added to the annual inquiry service list for an order must submit an entry of appearance to the annual inquiry service list segment for the order in ACCESS within 30 days after the date of publication of the order. For ease of administration, Commerce requests that law firms with more than one attorney representing interested parties in an order designate a lead attorney to be included on the annual inquiry service list. Commerce will finalize the annual inquiry service list within five business days thereafter. As mentioned in the Procedural Guidance,18 the new annual inquiry service list will be in place until the following year, when the Opportunity Notice for the anniversary month of the order is published. Commerce may update an annual inquiry service list at any time as needed based on interested parties’ amendments to their entries of appearance to remove or otherwise modify their list of members and representatives, or to update contact information. Any changes or announcements pertaining to these procedures will be posted to the ACCESS website at https:// access.trade.gov. Special Instructions for Petitioners and Foreign Governments In the Final Rule, Commerce stated that, ‘‘after an initial request and placement on the annual inquiry service list, both petitioners and foreign governments will automatically be placed on the annual inquiry service list in the years that follow.’’ 19 Accordingly, as stated above, the petitioner and the Government of India should submit their initial entries of appearance after publication of this notice in order to appear in the first annual inquiry service lists for these orders. Pursuant to 19 CFR 351.225(n)(3), the petitioner and the Government of India will not need to resubmit their entries of appearance each year to continue to be included on the annual inquiry service list. However, the petitioner and the Government of India are responsible for making amendments to their entries of appearance during the annual update to the annual inquiry service list in VerDate Sep<11>2014 19:28 Jun 12, 2024 Jkt 262001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\13JNN1.SGM 13JNN1 lotter on DSK11XQN23PROD with NOTICES1 50260 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Notices 1 See Mattresses from Cambodia: Final Affirmative Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances, 86 FR 15894 (March 25, 2021) (Final Determination), and accompanying Issues and Decision Memorandum (IDM). 2 See Mattresses from Cambodia, Indonesia, Malaysia, Serbia, Thailand, the Republic of Turkey, and the Socialist Republic of Vietnam: Antidumping Duty Orders and Amended Final Affirmative Antidumping Determination for Cambodia, 86 FR 26460 (May 14, 2021) (Amended Final Determination and Order); see also Memorandum, ‘‘Antidumping Duty Investigation of Mattresses from Cambodia: Allegations of Ministerial Errors in Final Determination,’’ dated April 19, 2021. 3 Commerce determined that Best Mattresses and Rose Lion should be collapsed and treated as a single entity, Best Mattresses/Rose Lion. See Final Determination IDM at 1; see also Memorandum, ‘‘Less-Than-Fair-Value Investigation of Mattresses from Cambodia: Affiliation and Collapsing Analysis for Best Mattresses International Company Limited and Rose Lion Furniture International Company Limited,’’ dated October 27, 2020. 4 See Best Mattresses International Company Limited v. United States, 622 F. Supp. 3d 1347 (CIT February 17, 2023) (Remand Order). 5 Id., 622 F. Supp. 3d at 1397. 6 Id. 7 See Final Results of Redetermination Pursuant to Court Remand, Best Mattresses International Company Limited and Rose Lion Furniture International Company Limited v. United States, Court No. 21–00281, Slip Op. 23–19 (CIT February 17, 2023), dated July 17, 2023 (Remand Redetermination), available at https:// access.trade.gov/resources/remands/23-19.pdf. 8 Id. at 5–8. 9 Id. at 8–9 and 17–28. accordance with the procedures described above. Notification to Interested Parties This notice constitutes the AD and CVD orders with respect to steel cylinders from India, pursuant to sections 706(a) and 736(a) of the Act. Interested parties can find a list of AD and CVD orders currently in effect at https://enforcement.trade.gov/stats/ iastats1.html. These AD and CVD orders are issued and published in accordance with sections 706(a) and 736(a) of the Act, and 19 CFR 351.211(b). Dated: June 7, 2024. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix Scope of the Orders The merchandise covered by these orders is 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 specification 39, TransportCanada specification 39M, or United Nations pressure receptacle standard ISO 11118 and otherwise meeting the description provided below (non-refillable steel cylinders). The subject non-refillable steel cylinders are portable and range from 100-cubic inch (1.6 liter) water capacity to 1,526-cubic inch (25 liter) water capacity. Subject non-refillable steel cylinders may be imported with or without a valve and/or pressure release device and are unfilled at the time of importation. Non-refillable steel cylinders filled with pressurized air otherwise meeting the physical description above are covered by these orders. Specifically excluded are seamless non- refillable steel cylinders. The merchandise subject to these orders is properly classified under statistical reporting numbers 7311.00.0060 and 7311.00.0090 of the Harmonized Tariff Schedule of the United States (HTSUS). The merchandise may also enter under HTSUS statistical reporting numbers 7310.29.0030 and 7310.29.0065. Although the HTSUS statistical reporting numbers are provided for convenience and customs purposes, the written description of the merchandise is dispositive. [FR Doc. 2024–13040 Filed 6–12–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–555–001] Mattresses From Cambodia: Notice of Court Decision Not in Harmony With the Amended Final Determination of Antidumping Duty Investigation; Notice of Amended Final Determination; Notice of Amended Antidumping Duty Order AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY : On May 16, 2024, the U.S. Court of International Trade (CIT) issued its final judgment in Best Mattresses International Company Limited and Rose Lion Furniture International Company Limited v. United States, Consol. Court No. 21– 00281, sustaining the U.S. Department of Commerce’s (Commerce) remand redetermination pertaining to the less- than-fair-value (LTFV) investigation of mattresses from Cambodia covering the period of investigation January 1, 2019, through December 31, 2019. Commerce is notifying the public that the CIT’s final judgment is not in harmony with Commerce’s amended final determination, and Commerce is amending the amended final determination with respect to the dumping margins assigned to Best Mattresses International Company Limited (Best Mattresses) and Rose Lion Furniture International Company Limited (Rose Lion) (Best Mattresses/ Rose Lion) and all other producers and exporters of subject merchandise. DATES : Applicable May 26, 2024. FOR FURTHER INFORMATION CONTACT : Preston Cox, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5041. SUPPLEMENTARY INFORMATION : Background On March 25, 2021, Commerce published its final determination in the LTFV investigation of mattresses from Cambodia. 1 After correcting ministerial errors contained the Final Determination, on May 14, 2021, Commerce published the Amended Final Determination and Order.2 Best Mattresses/Rose Lion 3 filed a complaint before the CIT seeking judicial review of Commerce’s Amended Final Determination and Order.4 On February 17, 2023, the CIT sustained in part, and remanded, in part, Commerce’s Amended Final Determination and Order.5 Specifically, the CIT remanded Commerce to further explain or reconsider the following: (1) the use of Cambodian Trademap data under the transactions disregarded rule; (2) the inclusion of imports from non- market economy (NME) and export- subsidizing countries in the Cambodian Trademap and six country Global Trade Atlas (GTA) datasets when calculating input cost of production and market price under the transactions disregarded and major input rules; and (3) the conclusion that the financial statements relied on in the Final Determination were complete and publicly available.6 In its final results of redetermination pursuant to the Remand Order, issued on July 17, 2023, Commerce reconsidered the three determinations listed above. 7 In the Remand Redetermination, Commerce: (1) continued to find Cambodia to be the appropriate ‘‘market under consideration’’ in this case; 8 (2) continued to use Cambodian Trademap and the six country GTA datasets, but excluded data from NME countries and countries with export subsidies; 9 and (3) continued to find that, while the VerDate Sep<11>2014 19:28 Jun 12, 2024 Jkt 262001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\13JNN1.SGM 13JNN1 lotter on DSK11XQN23PROD with NOTICES1
Active order issued from this investigation
Investigation 701-TA-689 is a U.S. International Trade Commission antidumping (AD) proceeding on Non-Refillable Steel Cylinders from India; Inv. No. 701-TA-689 and 731-TA-1618 (Final) from India. The ITC determines whether U.S. industry is materially injured (or threatened) by imports under investigation; Commerce determines whether dumping or subsidization is occurring. Both findings are required for an AD/CVD order to be issued.
701-TA-689 is in the final phase, with status completed. Final phase — the ITC's final determination on injury, after Commerce issues its final dumping/subsidy determination. An affirmative final determination from both agencies triggers issuance of an AD/CVD order.
Yes — investigation 701-TA-689 resulted in AD/CVD case A-533-912. The linked order page on this catalog has the active deposit rate, scope text, and Federal Register citation.
The USITC publishes investigation determinations and milestones on its Investigations Data Service (IDS) at ids.usitc.gov. Tandom's catalog re-syncs from IDS daily; new phases, votes, and determinations appear here within 24 hours of USITC publication.
Tandom guides relevant to AD/CVD investigations
Where trade compliance APIs fit in a broker's filing pipeline: HTS classification, duty calculation, AD/CVD scope match, and post-summary corrections.
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Cash deposit cascade, separate rates, all-others, and PRC-wide rates. Worked example on case A-570-910 (galvanized welded steel pipe from China) with three exporter-specific rates.
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Scope text is authoritative; the HTS list is illustrative. Read scope, find past rulings, and file a 19 CFR 351.225 inquiry. Worked example on case A-570-106 (wooden cabinets from China).
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Drop the Tandom Duty Calculator API into a TMS, broker software, or in-house ERP. Code samples, the response shape, and ACE reporting order, in 2026.
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