[Federal Register Volume 76, Number 110 (Wednesday, June 8, 2011)]
[Notices]
[Pages 33213-33218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14029]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-977)]
High Pressure Steel Cylinders from the People's Republic of
China: Initiation of Antidumping Duty Investigation
DATES: Effective Date: June 8, 2011.
FOR FURTHER INFORMATION CONTACT: Timothy Lord, Emeka Chukwudebe, or
Matthew Renkey, AD/CVD Operations, Office 9, (202) 482-7425, (202) 482-
0219, or (202) 482-2312, respectively; Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION: On May 11, 2011, the Department of Commerce
(``Department'') received a petition concerning imports of high
pressure steel cylinders (``steel cylinders'') from the People's
Republic of China (``PRC'') filed in proper form by Norris Cylinder
Company \1\ (``Petitioner''). See Petitions for the Imposition of
Antidumping and Countervailing Duties: High Pressure Steel Cylinders
from the People's Republic of China dated May 11, 2011, (``Petition'').
On May 13, 2011, the Department issued a supplemental questionnaire
requesting information and clarification of certain areas of the
Petition. Petitioner timely filed additional information on May 20,
2011.\2\
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\1\ Norris Cylinder Company (``Norris'') identifies itself as
the sole producer of the domestic like product based on its
knowledge of the industry. See Volume II of the Petition, at Exhibit
II-1.
\2\ See Petitions for the Imposition of Antidumping Duties and
Countervailing Duties on Imports of High Pressure Steel Cylinders
from the People's Republic of China (the PRC): Supplemental
Questions, dated May 20, 2011 (``Supplement to the AD/CVD
Petition'').
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Period of Investigation
The period of investigation (``POI'') is October 2010 through March
2011. See 19 CFR 351.204(b)(1).
In accordance with section 732(b) of Tariff Act of 1930, as amended
(``the Act''), Petitioner alleges that imports of steel cylinders from
the PRC are being, or are likely to be, sold in the United States at
less than fair value, within the meaning of section 731 of the Act, and
that such imports are materially injuring, or threatening material
injury to, an industry in the United States. Also, consistent with
section 732(b)(1) of the Act, the Petition is accompanied by
information reasonably available to Petitioner supporting its
allegations.
The Department finds that Petitioner filed the Petition on behalf
of the domestic industry because Petitioner is an interested party, as
defined in section 771(9)(C) of the Act, and has demonstrated
sufficient industry support with respect to the antidumping duty
investigation that Petitioner is requesting the Department to initiate
(see ``Determination of Industry Support for the Petition'' section
below).
Scope of Investigation
The products covered by the scope of this investigation are steel
cylinders from the PRC. For a full description of the scope of the
investigation, see ``Scope of Investigation,'' in Appendix I of this
notice.
Comments on Scope of Investigation
During our review of the Petition, we discussed the scope with
Petitioner to ensure that it is an accurate reflection of the products
for which the domestic industry is seeking relief. As a result, the
``Scope of Investigation'' language has been modified from the language
in the Petition to reflect these clarifications. See Memo to the File
from Meredith A.W. Rutherford regarding Petitions for the Imposition of
Antidumping Duties and Countervailing Duties on High Pressure Steel
Cylinders
[[Page 33214]]
from the People's Republic of China; Conference Call with Petitioner,
May 24, 2011.
Moreover, as discussed in the preamble to the regulations (see
Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 27296,
27323 (May 19, 1997)), we are setting aside a period for interested
parties to raise issues regarding product coverage. The Department
encourages interested parties to submit such comments by Monday, June
20, 2011, which is twenty calendar days from the signature date of this
notice. All comments must be filed on the records of both the PRC
antidumping duty investigation as well as the PRC countervailing duty
investigation. Comments should be addressed to Import Administration's
APO/Dockets Unit, Room 1870, U.S. Department of Commerce, 14th Street
and Constitution Avenue, NW., Washington, DC 20230. The period of scope
consultations is intended to provide the Department with ample
opportunity to consider all comments and to consult with parties prior
to the issuance of the preliminary determination.
Comments on Product Characteristics for Antidumping Duty Questionnaires
We are requesting comments from interested parties regarding the
appropriate physical characteristics of steel cylinders to be reported
in response to the Department's antidumping questionnaires. This
information will be used to identify the key physical characteristics
of the merchandise under consideration in order to more accurately
report the relevant factors and costs of production, as well as to
develop appropriate product comparison criteria.
Interested parties may provide information or comments that they
believe are relevant to the development of an accurate listing of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) General product
characteristics; and (2) the product comparison criteria. We note that
it is not always appropriate to use all product characteristics as
product comparison criteria. We base product comparison criteria on
meaningful commercial differences among products. In other words, while
there may be some physical product characteristics utilized by
manufacturers to describe steel cylinders, it may be that only a select
few product characteristics take into account commercially meaningful
physical characteristics. In addition, interested parties may comment
on the order in which the physical characteristics should be used in
product matching. Generally, the Department attempts to list the most
important physical characteristics first and the least important
characteristics last.
In order to consider the suggestions of interested parties in
developing and issuing the antidumping duty questionnaires, we must
receive comments at the above-referenced address by June 20, 2011.
Additionally, rebuttal comments must be received by June 27, 2011.
Determination of Industry Support for the Petition
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, the Department
shall: (i) Poll the industry or rely on other information in order to
determine if there is support for the petition, as required by
subparagraph (A); or (ii) determine industry support using a
statistically valid sampling method to poll the industry.
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs the Department to look to producers and workers who produce the
domestic like product. The International Trade Commission (``ITC''),
which is responsible for determining whether ``the domestic industry''
has been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both the Department and
the ITC must apply the same statutory definition regarding the domestic
like product (see section 771(10) of the Act), they do so for different
purposes and pursuant to a separate and distinct authority. In
addition, the Department's determination is subject to limitations of
time and information. Although this may result in different definitions
of the like product, such differences do not render the decision of
either agency contrary to law. See USEC, Inc. v. United States, 132 F.
Supp. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. v. United
States, 688 F. Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir.
1989), cert. denied 492 U.S. 919 (1989)).
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this subtitle.'' Thus, the reference point from which the
domestic like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, Petitioner does not offer
a definition of domestic like product distinct from the scope of the
investigation. Based on our analysis of the information submitted on
the record, we have determined that steel cylinders constitute a single
domestic like product and we have analyzed industry support in terms of
that domestic like product. For a discussion of the domestic like
product analysis in this case, see Antidumping Duty Investigation
Initiation Checklist: High Pressure Steel Cylinders from the People's
Republic of China (``Initiation Checklist''), at Attachment II,
Analysis of Industry Support for the Petition Covering High Pressure
Steel Cylinders from the People's Republic of China, on file in the
Central Records Unit (``CRU''), Room 7046 of the main Department of
Commerce building.
In determining whether Petitioner has standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of Investigation'' section above. To
establish industry support, Petitioner provided its production of the
domestic like product in 2010. See Supplement to the AD/CVD Petitions,
dated May 20, 2011(``Supplement to the AD/CVD Petitions''), at 4.
Petitioner maintains that it was the sole remaining producer of the
domestic like product in 2010, and, therefore, alleges that it
represents the total production of the domestic like product in 2010.
See Volume I of the Petitions, at 3, and Supplement to the AD/CVD
Petitions, at 4. To demonstrate that it was the sole producer,
Petitioner provided an affidavit from the President of Norris Cylinder
Company, who has many years of professional experience in the steel
cylinders industry. See Volume II of the AD Petitions, at Exhibit
[[Page 33215]]
II-1, and Supplement to the AD/CVD Petitions, at 4. We have relied upon
data Petitioner provided for purposes of measuring industry support.
For further discussion, see Initiation Checklist at Attachment II.
Our review of the data provided in the Petition, supplemental
submissions, and other information readily available to the Department
indicates that Petitioner has established industry support. First, the
Petition established support from domestic producers (or workers)
accounting for more than 50 percent of the total production of the
domestic like product and, as such, we find that the Department is not
required to take further action in order to evaluate industry support
(e.g., polling). See Section 732(c)(4)(D) of the Act, and Initiation
Checklist at Attachment II. Second, we find that the domestic producers
(or workers) have met the statutory criteria for industry support under
section 732(c)(4)(A)(i) of the Act because the domestic producers (or
workers) who support the Petition account for at least 25 percent of
the total production of the domestic like product. See Initiation
Checklist at Attachment II. Finally, we find that the domestic
producers (or workers) have met the statutory criteria for industry
support under section 732(c)(4)(A)(ii) of the Act because the domestic
producers (or workers) who support the Petition account for more than
50 percent of the production of the domestic like product produced by
that portion of the industry expressing support for, or opposition to,
the Petition. Accordingly, the Department determines that the Petition
was filed on behalf of the domestic industry within the meaning of
section 732(b)(1) of the Act. Id.
The Department finds that Petitioner filed the Petition on behalf
of the domestic industry because it is an interested party as defined
in section 771(9)(C) of the Act and it has demonstrated sufficient
industry support with respect to the antidumping duty investigation
that it is requesting the Department initiate. Id.
Allegations and Evidence of Material Injury and Causation
Petitioner alleges that the U.S. industry producing the domestic
like product is being materially injured, or is threatened with
material injury, by reason of the imports of the subject merchandise
sold at less than normal value (``NV''). In addition, Petitioner
alleges that subject imports exceed the negligibility threshold
provided for under section 771(24)(A) of the Act.
Petitioner contends that the industry's injured condition is
illustrated by reduced market share, reduced shipments, reduced
capacity, underselling and price depression or suppression, reduced
employment, a decline in financial performance, lost sales and revenue,
and an increase in import penetration. See Volume I of the Petition, at
11-22. We have assessed the allegations and supporting evidence
regarding material injury, threat of material injury, and causation,
and we have determined that these allegations are properly supported by
adequate evidence and meet the statutory requirements for initiation.
See Initiation Checklist at Attachment III, Injury.
Allegations of Sales at Less Than Fair Value
The following is a description of the allegations of sales at less
than fair value upon which the Department based its decision to
initiate this investigation of imports steel cylinders from the PRC.
The sources of data for the deductions and adjustments relating to the
U.S. price and the factors of production are also discussed in the
Initiation Checklist. See Initiation Checklist, at 5-10.
U.S. Price
Petitioner calculated export price (``EP'') based on the average
unit customs value of U.S. imports of subject merchandise from China
classified under the Harmonized Tariff Schedule of the United States
(``HTSUS'') subheading 7311.00.00.30, as compiled by the U.S. Census
Bureau and obtained from the ITC's Dataweb. Petitioner utilized two
methodologies to calculate EP, with one methodology adjusting average
unit value to account for differences in steel cylinders model
prices.\3\ Petitioner also made adjustments for domestic brokerage and
handling and domestic inland freight. See Initiation Checklist; see
also Volume II of the Petition, at 18-21 and Exhibit II-23.
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\3\ The EP margins listed infra are based on this methodology.
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Petitioner calculated constructed export price (``CEP'') based on a
proprietary source's pricing to unaffiliated U.S. end-users during the
POI. Petitioner made adjustments for rebates, freight, value-added
inputs, U.S. customs and duty fees, credit expense, domestic brokerage
and handling, inland freight, and distributor markup. See Initiation
Checklist; see also Volume II of the Petition, at 21-24 and Exhibits
II-25 through II-28.
Normal Value
Petitioner claims the PRC is a non-market economy (``NME'') country
and that no determination to the contrary has been made by the
Department. See Volume II of the Petition, at 1. The presumption of NME
status for the PRC has not been revoked by the Department and,
therefore, in accordance with section 771(18)(C)(i) of the Act, remains
in effect for purposes of the initiation of this investigation.
Accordingly, the NV of the product for the PRC investigation is
appropriately based on factors of production valued in a surrogate
market-economy country in accordance with section 773(c) of the Act. In
the course of this investigation, all parties, including the public,
will have the opportunity to provide relevant information related to
the issues of the PRC's NME status and the granting of separate rates
to individual exporters.
Petitioner contends that India is the appropriate surrogate country
for the PRC because: (1) it is at a level of economic development
comparable to that of the PRC and (2) it is a significant producer of
comparable merchandise. See Volume II of the Petition, at 1-2. Based on
the information provided by Petitioner, we believe that it is
appropriate to use India as a surrogate country for initiation
purposes. After initiation of the investigation, interested parties
will have the opportunity to submit comments regarding surrogate
country selection and, pursuant to 19 CFR 351.301(c)(3)(i), will be
provided an opportunity to submit publicly available information to
value factors of production within 40 days after the date of
publication of the preliminary determination.
Petitioner calculated NV and the dumping margins using the
Department's NME methodology as required by 19 CFR 351.202(b)(7)(i)(C)
and 19 CFR 351.408. In calculating NV, Petitioner based the quantity of
each of the inputs used to manufacture the domestic like product on its
own consumption rates, modified where applicable. Petitioner states
that it is not aware of publicly available information regarding the
actual usage rates of Chinese producers to produce steel cylinders.
However, Petitioner further notes that because Norris is one of a few
producers worldwide, and there are only a few basic production methods
used to produce steel cylinders, it is very familiar with the
production process in the PRC. See Volume II of the Petition, at 4-18
and Exhibit II-7.
As noted above, Petitioner determined the consumption quantities of
all raw materials based on its own production
[[Page 33216]]
experience. Petitioner valued most of the factors of production based
on reasonably available, public surrogate country data, specifically,
Indian import data from the Global Trade Atlas (``GTA''). See
Initiation Checklist; see also Volume II of the Petition, at 6-12 and
Exhibit II-9. Where required, Petitioner inflated surrogate values to
the POI by means of the Wholesale Price Index (``WPI'') for India.
Because WPI data were not yet available for February and March 2011,
the final two months of the POI, Petitioner assumed these figures were
the same as that for January 2011 and calculated an average WPI for the
POI accordingly. See Initiation Checklist; see also Volume II of the
Petition, at Exhibit II-10. In addition, Petitioner made currency
conversions, where necessary, based on the POI-average rupees/U.S.
dollar exchange rate, as reported on the Department's Web site. See
Initiation Checklist; see also Volume II of the Petition, at Exhibit
II-9. Petitioner determined labor costs using the labor consumption, in
hours, derived from Petitioner's own experience. See Initiation
Checklist; see also Volume II of the Petition, at 12 and Exhibit II-17.
For purposes of initiation, the Department determines that the
surrogate values used by Petitioner are reasonably available and, thus,
acceptable for purposes of initiation.
Petitioner determined energy and utility costs using Petitioner's
own usage rates. To account for manufacturing differences between the
U.S. and the PRC, Petitioner made adjustments to electricity and
natural gas. See Initiation Checklist; see also Volume II of the
Petition, at 13-14 and Exhibit II-1.
Petitioner determined labor costs using the usage rates derived
from Petitioner's own experience and valued labor using data from Nails
AR1.\4\ See Initiation Checklist; see also Volume II of the Petition,
at 12 and Exhibit II-17.
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\4\ See Certain Steel Nails From the People's Republic of China:
Final Results of the First Antidumping Duty Administrative Review,
76 FR 16379 (March 23, 2011) (``Nails AR1'').
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Petitioner determined packing costs using consumption rates derived
from Petitioner's own experience, and valued the relevant factors using
data from GTA. See Initiation Checklist; see also Volume II of the
Petition, at 17-18 and Exhibits II-9 and II-15.
Petitioner calculated factory overhead, selling, general and
administrative expenses, and profit by averaging data from the 2009-
2010 financial statements of four Indian producers of steel cylinders:
(1) Everest Kanto (``Everest''); (2) Rama Cylinders Private Limited
(``Rama''); (3) Maruti Koastsu Cylinders Pvt. Limited (``Maruti''); and
4) Nitin Cylinders Limited (``NCL''). See Initiation Checklist; see
also Volume II of the Petition, at 14-17 and Exhibit II-22.
Fair Value Comparisons
Based on the data provided by Petitioner, there is reason to
believe that imports of steel cylinders from the PRC are being, or are
likely to be, sold in the United States at less than fair value. Based
on a comparison of U.S. prices and NV calculated in accordance with
section 773(c) of the Act, as described above, the estimated EP dumping
margins (adjusted according to model size), for steel cylinders from
the PRC range from 85.10 percent to 176.25 percent, and the estimated
CEP dumping margins range from 17.04 percent to 151.90 percent. See
Initiation Checklist; see also Volume II of the Petition, at 24 and
Exhibit II-7.
Initiation of Antidumping Investigation
Based upon the examination of the Petition on steel cylinders from
the PRC, the Department finds the Petition meets the requirements of
section 732 of the Act. Therefore, we are initiating an antidumping
duty investigation to determine whether imports of steel cylinders from
the PRC are being, or are likely to be, sold in the United States at
less than fair value. In accordance with section 733(b)(1)(A) of the
Act and 19 CFR 351.205(b)(1), unless postponed, we will make our
preliminary determination no later than 140 days after the date of this
initiation.
Targeted Dumping Allegations
On December 10, 2008, the Department issued an interim final rule
for the purpose of withdrawing 19 CFR 351.414(f) and (g), the
regulatory provisions governing the targeted dumping analysis in
antidumping duty investigations, and the corresponding regulation
governing the deadline for targeted dumping allegations, 19 CFR
351.301(d)(5). See Withdrawal of the Regulatory Provisions Governing
Targeted Dumping in Antidumping Duty Investigations, 73 FR 74930
(December 10, 2008). The Department stated that ``{w{time} ithdrawal
will allow the Department to exercise the discretion intended by the
statute and, thereby, develop a practice that will allow interested
parties to pursue all statutory avenues of relief in this area.'' Id.
at 74931.
In order to accomplish this objective, if any interested party
wishes to make a targeted dumping allegation in this investigation
pursuant to section 777A(d)(1)(B) of the Act, such allegation is due no
later than 45 days before the scheduled date of the preliminary
determination.
Respondent Selection
For this investigation, the Department will request quantity and
value information from known exporters and producers identified with
complete contact information in the Petition. The quantity and value
data received from NME exporters/producers will be used as the basis to
select the mandatory respondents.
The Department requires that the respondents submit a response to
both the quantity and value questionnaire and the separate-rate
application by the respective deadlines in order to receive
consideration for separate-rate status. See Circular Welded Austenitic
Stainless Pressure Pipe from the People's Republic of China: Initiation
of Antidumping Duty Investigation, 73 FR 10221, 10225 (February 26,
2008); Initiation of Antidumping Duty Investigation: Certain Artist
Canvas From the People's Republic of China, 70 FR 21996, 21999 (April
28, 2005). On the date of the publication of this initiation notice in
the Federal Register, the Department will post the quantity and value
questionnaire along with the filing instructions on the Import
Administration Web site at http://ia.ita.doc.gov/ia-highlights-and-news.html, and a response to the quantity and value questionnaire is
due no later than June 21, 2011. Also, the Department will send the
quantity and value questionnaire to those PRC companies identified in
Volume I of the Petition, at Exhibit I-1.
Interested parties must submit applications for disclosure under
administrative protective order (``APO'') in accordance with 19 CFR
351.305. Instructions for filing such applications may be found on the
Department's Web site at http://ia.ita.doc.gov/apo.
Separate-Rate Application
In order to obtain separate-rate status in NME investigations,
exporters and producers must submit a separate-rate status application.
See Policy Bulletin 05.1: Separate-Rates Practice and Application of
Combination Rates in Antidumping Investigations involving Non-Market
Economy Countries, dated April 5, 2005 (``Policy Bulletin''), available
on the Department's web site at http://ia.ita.doc.gov/policy/bull05-1.pdf. Based on our experience in processing the separate-rate
applications in previous antidumping duty investigations, we have
modified the application for this investigation to
[[Page 33217]]
make it more administrable and easier for applicants to complete. See,
e.g., Initiation of Antidumping Duty Investigation: Certain New
Pneumatic Off-the-Road Tires From the People's Republic of China, 72 FR
43591, 43594-95 (August 6, 2007). The specific requirements for
submitting the separate-rate application in this investigation are
outlined in detail in the application itself, which will be available
on the Department's Web site at http://ia.ita.doc.gov/ia-highlights-and-news.html on the date of publication of this initiation notice in
the Federal Register. The separate-rate application will be due 60 days
after publication of this initiation notice. For exporters and
producers who submit a separate-rate status application and
subsequently are selected as mandatory respondents, these exporters and
producers will no longer be eligible for consideration for separate
rate status unless they respond to all parts of the questionnaire as
mandatory respondents. As noted in the ``Respondent Selection'' section
above, the Department requires that respondents submit a response to
both the quantity and value questionnaire and the separate rate
application by the respective deadlines in order to receive
consideration for separate-rate status. The quantity and value
questionnaire will be available on the Department's Web site at http://ia.ita.doc.gov/ia-highlights-and-news.html on the date of the
publication of this initiation notice in the Federal Register.
Use of Combination Rates in an NME Investigation
The Department will calculate combination rates for certain
respondents that are eligible for a separate rate in this
investigation. The Policy Bulletin states:
While continuing the practice of assigning separate rates only
to exporters, all separate rates that the Department will now assign
in its NME investigations will be specific to those producers that
supplied the exporter during the period of investigation. Note,
however, that one rate is calculated for the exporter and all of the
producers which supplied subject merchandise to it during the period
of investigation. This practice applies both to mandatory
respondents receiving an individually calculated separate rate as
well as the pool of non-investigated firms receiving the weighted-
average of the individually calculated rates. This practice is
referred to as the application of ``combination rates'' because such
rates apply to specific combinations of exporters and one or more
producers. The cash-deposit rate assigned to an exporter will apply
only to merchandise both exported by the firm in question and
produced by a firm that supplied the exporter during the period of
investigation.
See Policy Bulletin at 6 (emphasis added).
Distribution of Copies of the Petition
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public versions of the Petition have been
provided to the representatives of the Government of the PRC. Because
of the large number of producers/exporters identified in the Petition,
the Department considers the service of the public version of the
Petition to the foreign producers/exporters satisfied by the delivery
of the public version to the Government of the PRC, consistent with 19
CFR 351.203(c)(2).
ITC Notification
We have notified the ITC of our initiation, as required by section
732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, no later than June 27, 2011,
whether there is a reasonable indication that imports of steel
cylinders from the PRC are materially injuring, or threatening material
injury to a U.S. industry. A negative ITC determination will result in
the investigation being terminated; otherwise, this investigation will
proceed according to statutory and regulatory time limits.
Notification to Interested Parties
Interested parties must submit applications for disclosure under
administrative protective orders in accordance with 19 CFR 351.305. On
January 22, 2008, the Department published Antidumping and
Countervailing Duty Proceedings: Documents Submission Procedures; APO
Procedures, 73 FR 3634. Parties wishing to participate in this
investigation should ensure that they meet the requirements of these
procedures (e.g., the filing of letters of appearance as discussed at
19 CFR 351.103(d)).
Any party submitting factual information in an antidumping duty or
countervailing duty proceeding must certify to the accuracy and
completeness of that information.\5\ Parties are hereby reminded that
revised certification requirements are in effect for company/government
officials as well as their representatives in all segments of any
antidumping duty or countervailing duty proceedings initiated on or
after March 14, 2011.\6\ The formats for the revised certifications are
provided at the end of the Interim Final Rule. The Department intends
to reject factual submissions in any proceeding segments initiated on
or after March 14, 2011, if the submitting party does not comply with
the revised certification requirements.
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\5\ See section 782(b) of the Act.
\6\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings: Interim Final Rule, 76 FR 7491 (February 10,
2011)(``Interim Final Rule'') amending 19 CFR 351.303(g)(1) and (2).
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This notice is issued and published pursuant to section 777(i) of
the Act.
Dated: May 31, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix I
Scope of the Investigation
The merchandise covered by the scope of the investigation is
seamless steel cylinders designed for storage or transport of
compressed or liquefied gas (``high pressure steel cylinders''). High
pressure steel cylinders are fabricated of chrome alloy steel
including, but not limited to, chromium-molybdenum steel or chromium
magnesium steel, and have permanently impressed into the steel, either
before or after importation, the symbol of a U.S. Department of
Transportation, Pipeline and Hazardous Materials Safety Administration
(``DOT'')-approved high pressure steel cylinder manufacturer, as well
as an approved DOT type marking of DOT 3A, 3AX, 3AA, 3AAX, 3B, 3E, 3HT,
3T, or DOT-E (followed by a specific exemption number) in accordance
with the requirements of sections 178.36 through 178.68 of Title 49 of
the Code of Federal Regulations, or any subsequent amendments thereof.
High pressure steel cylinders covered by the investigation have a water
capacity up to 450 liters, and a gas capacity ranging from 8 to 702
cubic feet, regardless of corresponding service pressure levels and
regardless of physical dimensions, finish or coatings.
Excluded from the scope of the investigation are high pressure
steel cylinders manufactured to UN-ISO-9809-1 and 2 specifications and
permanently impressed with ISO or UN symbols. Also excluded from the
investigation are acetylene cylinders, with or without internal porous
mass, and permanently impressed with 8A or 8AL in accordance with DOT
regulations.
Merchandise covered by the investigation is classified in the
Harmonized Tariff Schedule of the United States (``HTSUS'') under
subheading 7311.00.00.30. Subject merchandise may also enter under
[[Page 33218]]
HTSUS subheadings 7311.00.00.60 or 7311.00.00.90. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the merchandise under the investigation is
dispositive.
[FR Doc. 2011-14029 Filed 6-7-11; 8:45 am]
BILLING CODE 3510-DS-P