# Non-Refillable Steel Cylinders From the People's Republic of China: Preliminary Results and Preliminary Determination of No Shipments of the Antidumping Duty Administrative Review; 2020-2022
**AGENCY:**
Enforcement and Compliance, International Trade Administration, Department of Commerce.
**SUMMARY:**
The U.S. Department of Commerce (Commerce) preliminarily determines that certain producers and or/exporters made sales of non-refillable steel cylinders (NRSCs) from the People's Republic of China (China) at less than normal value, and one company had no shipments of subject merchandise during the period of review (POR) October 30, 2020, through April 30, 2022. Interested parties are invited to comment on the preliminary results of this review.
**DATES:**
Applicable June 6, 2023.
**FOR FURTHER INFORMATION CONTACT:**
Alex Cipolla, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4956.
**SUPPLEMENTARY INFORMATION:**
**Background**
On May 11, 2021, Commerce published in the *Federal Register* the antidumping duty order on NRSCs from China. [^1] On May 2, 2022, Commerce published a notice of opportunity to request an administrative review of the *Order,* covering the POR, pursuant to section 751(a)(1) of the Tariff Act of 1930, as amended (the Act). [^2] On July 14, 2022, based on timely requests for review, Commerce initiated an administrative review of the *Order* covering the POR. [^3] The administrative review covers four companies, including the mandatory respondent, Wuyi Xilinde Machinery Manufacture Co., Ltd. (Wuyi Xilinde). [^4] On January 18, 2023, in accordance with section 751(a)(3)(A) of the Act, Commerce extended the deadline for the preliminary results of this review until May 31, 2023. [^5]
[^1]*See Certain Non-Refillable Steel Cylinders from the People's Republic of China: Amended Final Antidumping Duty Determination and Antidumping Duty and Countervailing Duty Orders,* 86 FR 25839 (May 11, 2021) ( *Order* ).
[^2]*See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review and Join Annual Inquiry Service List,* 87 FR 25619 (May 2, 2022).
[^3]*See Initiation of Antidumping and Countervailing Duty Administrative Reviews,* 87 FR 42144 (July 14, 2022) ( *Initiation Notice* ).
[^4]*See* Memorandum, “Respondent Selection,” dated September 20, 2022.
[^5]*See* Memorandum, “Extension of Time Limits for the Preliminary Results of the Antidumping Duty Administrative Review; 2020-2022,” dated January 18, 2023.
For a detailed description of the events that followed the initiation of this review, *see* the Preliminary Decision Memorandum. [^6] A list of topics discussed in the Preliminary Decision Memorandum is attached as the appendix to this notice. The Preliminary Decision Memorandum is a public document and is available 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.*
[^6]*See* Memorandum, “Decision Memorandum for the Preliminary Results of the Antidumping Duty Administrative Review: Non-Refillable Steel Cylinders from the People's Republic of China; 2020-2022,” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).
**Scope of the Order**
The products covered by this *Order* are certain seamed (welded or brazed), non-refillable steel cylinders meeting the requirements of, or produced to meet the requirements of, U.S. Department of Transportation (USDOT) Specification 39, TransportCanada Specification 39M, or United Nations pressure receptacle standard ISO 11118. A full description of the scope of the *Order* is provided in the Preliminary Decision Memorandum.
**Preliminary Determination of No Shipments**
Based on information on the record, we preliminarily determine that Zhejiang Kin-Shine Technology Co., Ltd. (Zhejiang Kin-Shine) had no shipments of subject merchandise during the POR. Consistent with our practice in non-market economy cases, we are not rescinding this review with respect to this company but, rather, intend to complete the review and issue appropriate instructions to U.S. Customs and Border Protection (CBP) based on the final results of the review. [^7] For additional information regarding this preliminary determination, *see* the Preliminary Decision Memorandum.
[^7]*See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties,* 76 FR 65694, 65694-95 October 24, 2011) ( *NME AD Assessment* ); *see also* the “Assessment Rates” section, *infra.*
**Separate Rates**
Commerce preliminarily determines that two companies, Ningbo Eagle Machinery & Technology Co., Ltd. (Ningbo Eagle) and Sanjiang Kai Yuan Co. Ltd. (SKY), which were not selected for individual examination, are eligible for separate rates in this administrative review. [^8] The Act and Commerce's regulations do not address the establishment of a separate rate to be applied to companies not selected for individual examination when Commerce limits its examination in an administrative review pursuant to section 777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5) of the Act, which provides instructions for calculating the all-others rate in an investigation, for guidance when calculating the rate for separate rate respondents which Commerce did not examine individually in an administrative review. Section 735(c)(5)(A) of the Act states that the all-others rate should be calculated by averaging the weighted-average dumping margins calculated for individually-examined respondents, excluding dumping margins that are zero, *de minimis,* or based entirely on facts available. For the preliminary results of this review, Commerce determined the estimated dumping margin for Wuyi Xilinde to be 72.76 percent. For the reasons explained in the Preliminary Decision Memorandum, we are assigning the 72.76 percent weighted-average dumping margin calculated for Wuyi Xilinde to the two non-examined respondents which qualify for a separate rate in this review, consistent with Commerce's practice and section 735(c)(5)(A) of the Act.
[^8]*See* Preliminary Decision Memorandum at the “Separate Rate Determination” section for more details.
**China-Wide Entity**
Under Commerce's policy regarding the conditional review of the China-wide entity, [^9] the China-wide entity will not be under review unless a party specifically requests, or Commerce self-initiates, a review of the entity. Because no party requested a review of the China-wide entity in this review, the entity is not under review, and the entity's rate ( *i.e.,* 101.67 percent) is not subject to change. [^10]
[^9]*See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings,* 78 FR 65963 (November 4, 2013).
[^10]*See Order.*
**Methodology**
Commerce is conducting this review in accordance with section 751(a)(1)(B) of the Act. For a full description of the methodology underlying our conclusions, *see* the Preliminary Decision Memorandum.
**Preliminary Results of Review**
Commerce preliminarily determines that the following weighted-average dumping margins exist for the period October 30, 2020, through April 30, 2022:
| Exporter | Weighted- |
| --- | --- |
| Wuyi Xilinde Machinery Manufacture Co., Ltd | 72.76 |
| Ningbo Eagle Machinery & Technology Co., Ltd | 72.76 |
| Sanjiang Kai Yuan Co. Ltd | 72.76 |
**Disclosure**
Commerce intends to disclose to parties to the proceeding the calculations performed for these preliminary results of review within five days of the date of publication of this notice in the *Federal Register* in accordance with 19 CFR 351.224(b).
**Public Comment**
Interested parties will be provided an opportunity to submit written comments (case briefs) at a date to be determined by Commerce. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than seven days after the date for filing case briefs. [^11] Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be limited to issues raised in the case briefs. [^12] Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice. [^13] Parties who submit case briefs or rebuttal briefs in this proceeding 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. [^14]
[^11]*See* 19 CFR 351.309(d); * see also Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-19, * 85 FR 17006, 17007 (March 26, 2020) (“To provide adequate time for release of case briefs via ACCESS, E&C intends to schedule the due date for all rebuttal briefs to be 7 days after case briefs are filed (while these modifications remain in effect).”).
[^12]*See* 19 CFR 351.309; *see also* 19 CFR 351.303 (for general filing requirements).
[^13]*See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-19; Extension of Effective Period,* 85 FR 41363 (July 10, 2020).
[^14]*See* 19 CFR 351.309(c)(2) and (d)(2); *see also* 19 CFR 351.303 (for general filing requirements).
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 publication of this notice. Requests should contain the party's name, address, 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 by telephone the date, time, and location of the hearing two days before the scheduled date.
Unless the deadline is extended, Commerce intends to issue the final results of this review, including the results of its analysis of the issues raised in any written briefs, no later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
**Assessment Rates**
Upon issuing the final results, Commerce will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review. [^15] If Wuyi Xilinde's *ad valorem* weighted-average dumping margin is not zero or *de minimis* ( *i.e.,* less than 0.50 percent) in the final results of this review, Commerce will calculate importer-specific assessment rates for that respondent, in accordance with 19 CFR 351.212(b)(1). [^16] Pursuant to 19 CFR 351.212(b)(1), where the respondent reported the entered value of its U.S. sales, we will calculate importer-specific *ad valorem* duty assessment rates based on the ratio of the total amount of dumping calculated for the examined sales to the total entered value of the sales for which entered value was reported. Where the respondent did not report entered value, we will calculate importer-specific per-unit duty assessment rates based on the ratio of the total amount of antidumping duties calculated for the examined sales to the total quantity of those sales. To determine whether an importer-specific, per-unit assessment rate is *de minimis,* in accordance with 19 CFR 351.106(c)(2), we also will calculate an importer-specific *ad valorem* ratio based on estimated entered values. If, in the final results, Wuyi Xilinde's weighted-average dumping margin is zero or *de minimis* ( *i.e.,* less than 0.5 percent), Commerce will instruct CBP to liquidate the appropriate entries for that respondent without regard to antidumping duties. [^17]
[^15]*See* 19 CFR 351.212(b)(1).
[^16] In these preliminary results, Commerce applied the assessment rate calculation method adopted in *Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification,* 77 FR 8101 (February 14, 2012).
[^17]*See* 19 CFR 351.106(c)(2).
For entries that were not reported in the U.S. sales database submitted by Wuyi Xilinde during this review, Commerce will instruct CBP to liquidate such entries at the China-wide rate ( *i.e.,* 101.67 percent). In addition, if we continue to find no shipments of subject merchandise for Zhejiang Kin-Shine, for which we preliminarily find no such shipments during the POR, any suspended entries of subject merchandise associated with this company will be liquidated at the China-wide rate. [^18] For Ningbo Eagle and SKY, the respondents that were not selected for individual examination in this administrative review that qualified for a separate rate, the assessment rate will be the separate rate established in the final results of this administrative review for Wuyi Xilinde.
[^18]*See NME AD Assessment.*
Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the *Federal Register* . If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired ( *i.e.,* within 90 days of publication).
**Cash Deposit Requirements**
The following cash deposit requirements will be effective upon publication of the final results of this review for shipments of the subject merchandise from China entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) for the subject merchandise exported by the companies listed above that have a separate rate, the cash deposit rate will be equal to the weighted-average dumping margin established in the final results of this administrative review (except, if the rate is zero or *de minimis,* then zero cash deposit will be required); (2) for previously investigated or reviewed Chinese and non-Chinese exporters not listed above that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporter-specific rate; (3) for all Chinese exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be that for the China-wide entity; and (4) for all non-Chinese exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the Chinese exporter that supplied that non-Chinese exporter. These cash deposit requirements, when imposed, shall remain in effect until further notice.
**Notification to Importers**
This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping and/or countervailing duties prior to liquidation of the relevant entries during these PORs. Failure to comply with this requirement could result in Commerce's presumption that reimbursement of antidumping and/or countervailing duties occurred and the subsequent assessment of double antidumping duties, and/or an increase in the amount of antidumping duties by the amount of the countervailing duties.
**Notification to Interested Parties**
Commerce is issuing and publishing the preliminary results of this review in accordance with sections 751(a)(1)(B), 751(a)(3) and 777(i) of the Act, and 19 CFR 351.213(d)(4) and 351.221(b)(4).
Dated: May 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
**Appendix**
**List of Topics Discussed in the Preliminary Decision Memorandum**
I. Summary
II. Background
III. Scope of the *Order*
IV. Discussion of the Methodology
V. Currency Conversion
VI. Adjustment Under Section 777A(f) of the Act
VII. Recommendation