SynopsisThe U.S. Department of Commerce has issued a preliminary determination that certain non-refillable steel cylinders from India have received countervailable subsidies during the period of investigation from April 1, 2022, to March 31, 2023. Interested parties can comment on this preliminary finding. This decision aligns with the Tariff Act of 1930 and follows an investigation initiated in May 2023. The final countervailing duty determination will be synchronized with the final antidumping duty determination, scheduled for release no later than February 7, 2024.ArticleIn a recent development, the U.S. Department of Commerce has taken a preliminary stance on certain non-refillable steel cylinders originating from India. The department's determination suggests that countervailable subsidies have been provided to producers and exporters of these steel cylinders during the period of investigation, which spans from April 1, 2022, to March 31, 2023.This preliminary determination aligns with the provisions of the Tariff Act of 1930, as amended. The investigation into these countervailing duties was initiated on May 24, 2023, in accordance with the regulations set forth by the Act. However, the release of the preliminary determination was postponed until September 25, 2023, following developments in the investigation.The scope of this investigation specifically covers steel cylinders, and for a detailed description of the products included, reference should be made to Appendix I of the investigation documentation.In its methodology, Commerce is conducting the investigation in line with section 701 of the Act. For each identified subsidy program, Commerce determines the presence of a subsidy, characterized by a financial contribution from an "authority" that confers a benefit upon the recipient. It's important to note that Commerce's findings have, in part, relied on available facts. Additionally, due to the Government of India's response to Commerce's information requests, an adverse inference has been applied where appropriate.For a comprehensive understanding of the methodology behind this preliminary determination, the Preliminary Decision Memorandum provides further insights.An interesting aspect of this decision is the alignment of the final countervailing duty determination with the final determination in the associated antidumping duty (AD) investigation. This alignment is based on a request made by the petitioner and adheres to section 705(a)(1) of the Act. Consequently, the final countervailing duty determination will be issued on the same date as the final AD determination, with the current schedule targeting no later than February 7, 2024, unless further postponements occur.Furthermore, as per the provisions of the Act, the preliminary determination entails the determination of an estimated all-others rate for companies not individually examined. This rate typically represents the weighted average of estimated subsidy rates for individually examined companies, excluding zero and de minimis rates and those solely based on section 776 of the Act. Given that an above-de minimis rate has been calculated for the mandatory respondents, an all-others rate has been preliminarily assigned based on the weighted average of estimated subsidy rates for these respondents.ConclusionThe U.S. Department of Commerce's preliminary determination regarding countervailing duties on certain non-refillable steel cylinders from India underscores its commitment to maintaining fair trade practices and preventing undue harm to domestic industries.