BILLING CODE: 3510-DS-P
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-126]
Non-Refillable Steel Cylinders from the People’s Republic of China: Preliminary Results,
Partial Rescission, and Intent to Rescind, in Part, of the Antidumping Duty Administrative
Review; 2022-2023
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 (non-refillable
cylinders) at less than normal value (NV) during the period of review (POR) May 1, 2022,
through April 30, 2023. Additionally, Commerce is rescinding this administrative review with
respect to certain companies, and Commerce intends to rescind the review, in part, with respect
to one company. Interested parties are invited to comment on the preliminary results of this
review.
DATES: Applicable [Insert date of publication in the Federal Register].
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) 4824956.
SUPPLEMENTARY INFORMATION:
Background
On July 12, 2023, in response to review requests from multiple parties, Commerce
published the notice of initiation of an administrative review of the antidumping duty order on

non-refillable cylinders from China,1 covering four companies.2 On September 22, 2023, we
selected Wuyi Xilinde Machinery Manufacture Co., Ltd. (Wuyi Xilinde) and Sanjiang Kai Yuan
Co. Ltd. (SKY) as mandatory respondents.3 On September 26, 2023, Worthing Industries (the
petitioner) timely withdrew the sole review request for SKY.4 On January 10, 2024, we
extended the deadline for these preliminary results of review until May 30, 2024.5
For a summary of the events that occurred since the initiation of this review and the
analysis for these preliminary results, see the Preliminary Decision Memorandum.6 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. A list of topics discussed
in the Preliminary Decision Memorandum is included as an appendix to this notice.
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.7
Methodology

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 Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 44262 (July 12, 2023)
(Initiation Notice).
3 See Memorandum, “Respondent Selection,” dated September 22, 2023.
4 See Petitioner’s Letter, “Withdrawal of Request for 2022-2023 Antidumping Administrative Review,” dated
September 26, 2023 (Petitioner’s Withdrawal of Review Request).
5 See Memorandum, “Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review,”
dated January 10, 2024.
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; 2022-2023,” dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision Memorandum).
7 Id.
Commerce is conducting this administrative review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). We calculated export prices for
Wuyi Xilinde Machinery Manufacture Co., Ltd. (Wuyi Xilinde) in accordance with section
772(a) of the Act. Because China is a non-market economy (NME) country within the meaning
of section 771(18) of the Act, we calculated NV in accordance with section 773(c) of the Act.
For a full description of the methodology underlying our conclusions, see the Preliminary
Decision Memorandum.
Rescission of Review, in Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in
whole or in part, if the party that requested a review withdraws its request within 90 days of the
date of publication of the notice of initiation. The sole request for an administrative review of
SKY was timely withdrawn within 90 days of the publication of the Initiation Notice.8 As a
result, Commerce is rescinding this review with respect to SKY in accordance with 19 CFR
351.213(d)(1).
Additionally, pursuant to section 751(a)(2)(C) of the Act, there must be a suspended POR
entry on which duties may be assessed. On July 25, 2023, Commerce placed U.S. Customs and
Border Protection (CBP) entry data during the POR on the record for respondent selection
purposes.9 On May 11, 2024, Commerce notified interested parties of its intent to rescind this
review with respect to Zhejiang Kin-Shine Technology Co., Ltd. (Kin-Shine), as it did not have
suspended entries during the POR.10 No parties commented on our intent to rescind. As such,
Commerce is rescinding this review with respect to Kin-Shine in accordance with 19 CFR
351.213(d)(3).
Intent to Rescind, In Part

See Petitioner’s Withdrawal of Review Request.
See Memorandum, “Release of U.S. Customs and Border Protection Data,” dated July 25, 2023 (CBP Data
Memorandum).
10 See Memorandum, “Notice of Intent to Rescind Review, In Part,” dated May 13, 2024.
8
As noted above, pursuant to 19 CFR 351.213(d)(3), it is Commerce’s practice to rescind
an administrative review of an antidumping duty order where it determines that there were no
suspended entries of subject merchandise during the POR.11 Normally, upon completion of an
administrative review, the suspended entries are liquidated at the antidumping duty assessment
rate for the review period.12 Therefore, for an administrative review to be conducted, there must
be a suspended entry that Commerce can instruct CBP to liquidate at the calculated antidumping
duty assessment rate for the review period.13
As discussed in greater detail in the Preliminary Decision Memorandum, the POR entry
totals reflected in the data query provided at Attachment 1 of the CBP Data Memorandum
reflected no POR entries of subject merchandise from Ningbo Eagle Machinery & Technology
Co., Ltd. (Ningbo Eagle). In the absence of any suspended entries of subject merchandise from
Ningbo Eagle during the POR, Commerce hereby notifies all interested parties of its intent to
rescind this administrative review with respect to this company. Commerce is providing
interested parties with an opportunity to submit comments on this preliminary decision,
including factual information. Comments, including factual information, from interested parties
are due to Commerce no later than 5:00 p.m. Eastern Time (ET) on June 7, 2024. Rebuttal
comments, including rebuttal factual information, are due seven days thereafter, by 5:00 p.m. ET
on June 14, 2024. All submissions must be filed electronically at https://access.trade.gov in
accordance with 19 CFR 351.303.
China-Wide Entity

11 See,

e.g., Certain Carbon and Alloy Steel Cut-to Length Plate from the Federal Republic of Germany: Recission
of Antidumping Administrative Review; 2020–2021, 88 FR 4157 (January 24, 2023).
12 See 19 CFR 351.212(b)(1).
13 See, e.g., Shanghai Sunbeauty Trading Co. v. United States, 380 F. Supp. 3d 1328, 1335-36 (CIT 2019), at 12
(referring to section 751(a) of the Act, the U.S. Court of International Trade held that: “While the statute does not
explicitly require that an entry be suspended as a prerequisite for establishing entitlement to a review, it does
explicitly state the determined rate will be used as the liquidation rate for the reviewed entries. This result can only
obtain if the liquidation of entries has been suspended…;” see also Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Final Results of Antidumping Duty Administrative Review and Final Determination of No
Shipments; 2018-2019, 86 FR 36102, and accompanying Issues and Decision Memorandum at Comment 4; and
Solid Fertilizer Grade Ammonium Nitrate from the Russian Federation: Notice of Rescission of Antidumping Duty
Administrative Review, 77 FR 65532 (October 29, 2012) (noting that “for an administrative review to be conducted,
there must be a reviewable, suspended entry to be liquidated at the newly calculated assessment rate”).

Under Commerce’s policy regarding the conditional review of the China-wide entity,14
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., 112.21 percent) is
not subject to change.15
Preliminary Results of Review
Commerce preliminarily determines that the following estimated weighted-average
dumping margin exists for the period May 1, 2022, through April 30, 2023:
Exporter
Wuyi Xilinde Machinery Manufacture Co., Ltd.
Disclosure

Weighted-Average Dumping Margin
(percent)
178.51

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
Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs or other written
comments to the Assistant Secretary for Enforcement and Compliance no later than 30 days after
the date of publication of this notice. 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.16 Pursuant to 19 CFR
351.309(d)(2), rebuttal briefs must be limited to issues raised in the case briefs.17 Parties who
submit case briefs or rebuttal briefs in this proceeding must submit: (1) a table of contents listing
each issue; and (2) a table of authorities.18

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).
15 See Order.
16 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).
17 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements).
18 See 19 CFR 351.309(c)(2) and (d)(2); see also 19 CFR 351.303 (for general filing requirements).
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 brief that should be
limited to five pages total, including footnotes. In this administrative review, we instead request
that interested parties provide, at the beginning of their briefs, a public executive summary for
each issue raised in their briefs.19 Further, we request that interested parties limit their public
executive summary of each issue to no more than 450 words, not including citations. We intend
to use the public executive summaries as the basis of the comment summaries included in the
issues and decision memorandum that will accompany the final results of this administrative
review. We request that interested parties include footnotes for relevant citations in the public
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).20
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.
All submissions, including case and rebuttal briefs, as well as hearing requests, should be
filed via ACCESS.21 An electronically filed document must be received successfully in its
entirety by ACCESS by 5:00 p.m. Eastern Time on the established deadline.
Final Results of Review

We use the term “issue” here to describe an argument that Commerce would normally address in a comment of
the Issues and Decision Memorandum.
20 See APO and Service Final Rule.
21 See 19 CFR 351.303.
Unless 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.22 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).
We will calculate importer/customer-specific assessment rates equal to the ratio of the
total amount of dumping calculated for examined sales to a particular importer/customer to the
total entered value of those sales, in accordance with 19 CFR 351.212(b)(1).23 Where the
respondent reported reliable entered values, Commerce intends to calculate importer/customerspecific ad valorem assessment rates by dividing the total amount of dumping calculated for all
reviewed U.S. sales to the importer/customer by the total entered value of the merchandise sold
to the importer/customer.24 Where the respondent did not report entered values, Commerce will
calculate importer/customer-specific assessment rates by dividing the total amount of dumping
calculated for all reviewed U.S. sales to the importer/customer by the total quantity of those
sales. Commerce will calculate an estimated ad valorem importer/customer-specific assessment
rate to determine whether the per-unit assessment rate is de minimis; however, Commerce will

See 19 CFR 351.212(b)(1).
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).
24 See 19 CFR 351.212(b)(1).
22
use the per-unit assessment rate where entered values were not reported.25 Where an
importer/customer-specific ad valorem assessment rate is not zero or de minimis, Commerce will
instruct CBP to collect the appropriate duties at the time of liquidation. Where either the
respondent’s ad valorem weighted-average dumping margin is zero or de minimis, or an
importer/customer-specific ad valorem assessment rate is zero or de minimis,26 Commerce will
instruct CBP to liquidate the appropriate entries without regard to antidumping duties.
Pursuant to Commerce’s refinement to its practice, for sales that were not reported in the
U.S. sales database submitted by a respondent individually examined during this review,
Commerce will instruct CBP to liquidate the entry of such merchandise at the dumping margin
assigned to the China-wide entity.27
In accordance with section 751(a)(2)(C) of the Act, the final results of this review shall
be the basis for the assessment of antidumping duties on entries of merchandise covered by the
final results of this review and for future deposits of estimated antidumping duties, where
applicable.
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 company listed above
that has 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

Id.
See 19 CFR 351.106(c)(2).
27 For a full discussion of this practice, see Non-Market Economy Antidumping Proceedings: Assessment of
Antidumping Duties, 76 FR 65694 (October 24, 2011).
25
segment of this proceeding, the cash deposit rate will continue to be the existing exporterspecific 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 nonChinese exporter. These 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 30, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary
for Enforcement and Compliance.

Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I.
II.
III.
IV.
V.
VI.
VII.
VIII.

Summary
Background
Scope of the Order
Rescission of the Review, in Part
Intent to Rescind Review, in Part
Discussion of the Methodology
Currency Conversion
Recommendation

[FR Doc. 2024-12347 Filed: 6/5/2024 8:45 am; Publication Date: 6/6/2024]