New Antidumping and Countervailing Duty Petition on Non-Refillable Steel Cylinders from India

On April 27, 2023, Worthington Industries filed antidumping duty (AD) and countervailing duty (CVD) petitions on non-refillable steel cylinders from India.

Worthington alleges that in scope non-refillable steel cylinders are sold in the United States for less than “normal value” and requests the imposition of AD duties between 11.20% to 56.52% ad valorem. Worthington further alleges that in scope imports of non-refillable steel cylinders are being subsidized by the Government of India and requests the imposition of CVD duties.

Additional AD/CVD duties will be imposed if the US Department of Commerce (DOC) determines that such alleged dumping and/or subsidization is occurring and if the US International Trade Commission (ITC) determines that there is “material injury” (or the threat thereof) by reason of the dumped or subsidized imports.

Importers of in scope non-refillable steel cylinders from India will be liable for any potential AD/CVD duties imposed. These investigations may also impact purchasers via increased prices or decreased supplies of non-refillable steel cylinders. 

This is Worthington’s second trade remedy petition. In 2019, Worthington filed petitions on imports of similar products, which resulted in the imposition of AD duties of 67.33% to 101.67% and CVD duties of 18.37% to 186.18%. 

The requested scope of these investigations differs from the prior investigations into non-refillable steel cylinders from China in a minor respect with regard to capacity. This modification is in response to purported circumvention by Chinese producers and exporters of non-refillable steel cylinders, which the petitioner has requested the Department investigate.

Scope of Investigation

Per the petition, 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, US 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). These are basket categories that contain non-subject merchandise as well. 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. 

As noted above, requested scope of these investigations differs from the prior investigations into non-refillable steel cylinders from China 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). 

Worthington alleges the following dumping margins exist:

Estimated Margins

AD Margins



Worthington further alleges that Indian producers and exporters of non-refillable steel cylinders likely benefit from “substantial” countervailable subsidies provided by the Government of India, including 16 federal programs and five state programs.

The following is an estimated schedule of the initial deadlines in the DOC and the ITC investigations:

Estimated Key Dates of Interest

Initial Deadlines:
ITC Preliminary Injury Phase

approx. May 11, 2023 – questionnaire responses will be due.
May 18, 2023 – ITC Preliminary Staff Conference
June 12, 2023 - ITC Preliminary injury determination
DOC Initiation Date May 17, 2023

DOC Preliminary
AD Determinations

October 4, 2023 - AD preliminary determination
The preliminary results deadline can be extended.

Commerce Preliminary CVD Determinations

July 21, 2023 - CVD preliminary determination
DOC Preliminary Determination (if ALLIGNED with AD): October 4, 2023
The preliminary results deadline can be extended.

Earliest Suspension of Liquidation (theoretical) July 6, 2023 – Subject to both affirmative critical circumstances finding by ITC and DOC.

© 2024 ArentFox Schiff LLP
National Law Review, Volumess XIII, Number 118