Petition Summary: Non-refillable steel cylinders from India

Husch Blackwell LLP
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On April 27, 2023, on behalf of Worthington Industries (“Worthington”) (“Petitioner”) filed a petition for the imposition of antidumping and countervailing duties on imports of certain non-refillable steel cylinders from India.

SCOPE OF THE INVESTIGATION

The scope of the imported merchandise that Petitioner intends to cover in these investigations is as follows:

The merchandise covered by these petitions 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, Transport Canada 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.

The requested scope of these investigations differs from the prior investigations into nonrefillable steel cylinders from China in a minor respect with regard to capacity. In particular, the requested scope covers non-refillable steel cylinders that “range from 100-cubic inch (1.6 liter) water capacity to 1,526-cubic inch (25 liter) water capacity,” which is a modification of the prior scope covering non-refillable steel cylinders with a lower-end water capacity of 300 cubic inches (4.9 liters). This modification is in response to suspected circumvention by Chinese producers and exporters of non-refillable steel cylinders, which the Petitioner has requested the Department investigate.

PETITIONERS

Worthington Industries

200 West Old Wilson Bridge Road

Columbus, OH 43085

Phone: 614-840-3355

Contact: Patrick Kennedy, Vice President — General Counsel and Secretary

Email: Patrick.Kennedy@worthingtonindustries.com

Website: https://worthingtonindustries.com

COUNSEL FOR PETITIONERS

KELLEY DRYE & WARREN LLP

3050 K Street, N.W., Suite 400

Washington, D.C. 20007

(202) 342-8400

NAMED PRODUCERS/EXPORTERS

For a list of foreign producers/exporters alleged by Petitioner, please see Attachment I.

NAMED IMPORTERS

For a list of importers alleged by the Petitioner, please see Attachment II.

ESTIMATED SCHEDULE

Event Earliest Date
Petition Filed April 27, 2023
DOC Initiation May 17, 2023
   
ITC Preliminary Investigation:  
Questionnaires Due May 11, 2023
Request to appear at hearing May 16, 2023
Hearing May 18, 2023
Briefs May 23, 2023
ITC Vote June 11, 2023
   
DOC Investigation Schedule:  
DOC Preliminary Antidumping Determination October 4, 2023
DOC Final Antidumping Determination December 18, 2023
DOC Preliminary Countervailing Determination July 21, 2023
DOC Final Countervailing Determination October 4, 2023
   
ITC Final Investigation:  
ITC Final AD Determination February 1, 2024
ITC Final CVD Determination November 18, 2023

IMPORTS OF SUBJECT MERCHANDISE

  2020 2021 2022
India      
Quantity(no.) 279,419 2,506,728 3,457,712
Value ($) 7,840,981 33,664,589 61,244,908
AUV ($/no.) 28.06 13.43 17.71
China      
Quantity(no.) 4,807,318 1,777,859 2,423,604
Value ($) 82,687,686 51,680,227 89,123,078
AUV ($/no.) 17.20 29.07 17.71
All Others      
Quantity(no,) 4,454,960 6,539,039 6,767,054
Value ($) 208,669,582 335,516,331 441,089,921
AUV ($/no,) 46.84 51.31 65.18

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