Refillable Stainless Steel Kegs From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 13634-13637 [2019-06703]
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13634
Federal Register / Vol. 84, No. 66 / Friday, April 5, 2019 / Notices
these requests, on November 11, 2018,
in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act),
Commerce published in the Federal
Register a notice of initiation of an
administrative review covering the
period September 1, 2017, through
August 31, 2018.3 On December 17,
2018, Xiongying submitted a timely
request to withdraw its request for
administrative review.4 On February 4,
2019, Triangle submitted a timely
request to withdraw its request for
administrative review.5 On March 19,
2019, Jinhaoyang submitted a timely
request to withdraw its request for
administrative review.6
Additionally, Commerce exercised its
discretion to toll all deadlines affected
by the partial federal government
closure from December 22, 2018,
through the resumption of operations on
January 29, 2019.7 If the new deadline
falls on a non-business day, in
accordance with Commerce’s practice,
the deadline will become the next
business day. In this case, the original
deadline for parties to withdraw
requests for administrative review was
February 13, 2019. Therefore, the
revised deadline to withdraw a review
request was March 25, 2019. The
revised deadline for the preliminary
results in this review is now Friday, July
12, 2019.
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Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), the
Secretary will rescind an administrative
review, in part, if a party who requested
the review withdraws the request within
90 days of the date of publication of the
Zhongwei’s letter, ‘‘Certain New Pneumatic Off-theRoad Tires from the People’s Republic of China:
Request for Administrative Review,’’ dated October
1, 2018; and Super Grip’s letter, ‘‘Certain New
Pneumatic Off-The-Road Tires People’s Republic of
China Request for Administrative Review,’’ dated
October 1, 2018 (Super Grip, a U.S. importer,
requested a review of Zhongwei).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
45888 (November 11, 2018).
4 See Xiongying’s letter, ‘‘Certain New Pneumatic
Off-the-Road Tires from the People’s Republic of
China: Withdrawal of Request for Review,’’ dated
December 17, 2018.
5 See Triangle Tyre’s letter, ‘‘New Pneumatic OffThe-Road Tires from the People’s Republic of China
–Withdrawal of Triangle Tyre Request for
Administrative Review,’’ dated February 4, 2019.
6 See Jinhoayang’s letter, ‘‘Jinhaoyang’s
Withdrawal of Request for AD Administrative
Review Certain New Pneumatic Off-the-Road Tires
from China (A–570–912),’’ dated March 19, 2019.
7 See memorandum to the Record from Gary
Taverman, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
performing the non-exclusive functions and duties
of the Assistant Secretary for Enforcement and
Compliance, ‘‘Deadlines Affected by the Partial
Shutdown of the Federal Government,’’ dated
January 28, 2019. All deadlines in this segment of
the proceeding have been extended by 40 days.
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18:46 Apr 04, 2019
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notice of initiation of the requested
review. Xiongying, Triangle, and
Jinhaoyang timely withdrew their
requests for an administrative review,
and no other party requested a review
of these companies. Accordingly, we are
rescinding this review, in part, with
respect to these companies, pursuant to
19 CFR 351.213(d)(1). The review will
continue with respect to Honghua Tyre,
Zhongwei, and Super Grip.
Assessment
Notification to Importers
This notice serves as a final 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 this review
period. Failure to comply with this
requirement could result in Commerce’s
presumption that reimbursement of the
antidumping and/or countervailing
duties occurred and the subsequent
assessment of doubled antidumping
duties.
Notification Regarding Administrative
Protective Order
This notice serves as a final reminder
to parties subject to an administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under an APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return/destruction of APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act, and 19 CFR
351.213(d)(4).
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[FR Doc. 2019–06702 Filed 4–4–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Commerce will instruct U.S. Customs
and Border Protection (CBP) to assess
antidumping duties on all appropriate
entries of OTR tires at rates equal to the
cash deposit of estimated antidumping
duties required at the time of entry, or
withdrawal from warehouse, for
consumption, in accordance with 19
CFR 351.212(c)(1)(i). Commerce intends
to issue appropriate assessment
instructions to CBP 15 days after the
publication of this notice in the Federal
Register, if appropriate.
PO 00000
Dated: April 2, 2019.
James Maeder,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations performing the duties of Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations.
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[C–570–094]
Refillable Stainless Steel Kegs From
the People’s Republic of China:
Preliminary Affirmative Countervailing
Duty Determination and Alignment of
Final Determination With Final
Antidumping Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers and exporters of
refillable stainless steel kegs (kegs) from
the People’s Republic of China (China)
for the period of investigation (POI)
January 1, 2017 through December 31,
2017. Interested parties are invited to
comment on this preliminary
determination.
AGENCY:
DATES:
Applicable April 5, 2019.
FOR FURTHER INFORMATION CONTACT:
Nicholas Czajkowski or Robert Brown at
(202) 482–1395 or (202) 482–3702,
respectively, AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on October 16, 2018.1 On December 4,
2018, Commerce postponed the
preliminary determination in this
investigation to February 19, 2019.2
1 See Refillable Stainless Steel Kegs from the
People’s Republic of China: Initiation of
Countervailing Duty Investigation, 83 FR 52192
(October 16, 2018) (Initiation Notice).
2 See Refillable Stainless Steel Kegs from the
People’s Republic of China: Postponement of
Preliminary Determination in the Countervailing
Duty Investigation, 83 FR 62560 (December 4,
2018). In accordance with Commerce’s practice,
where a deadline falls on a weekend or federal
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Commerce exercised its discretion to
toll all deadlines affected by the partial
federal government closure from
December 22, 2018, through the
resumption of operations on January 29,
2019.3 Accordingly, the revised
deadline for the preliminary
determination is March 29, 2019.
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.4 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. 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 and is available to all
parties in the Central Records Unit,
room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The products covered by this
investigation are kegs from China. For a
full description of the scope of this
investigation, see Appendix I to this
notice.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,5 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).6 Certain interested
parties commented on the scope of the
investigation as it appeared in the
Initiation Notice. For a summary of the
product coverage comments and
rebuttal responses submitted to the
record for this preliminary
determination and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Scope Decision Memorandum.7
Commerce is preliminarily modifying
the scope language as it appeared in the
initiation notice.8 See the revised scope
in Appendix I to this notice.
Methodology
Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable,
Commerce preliminarily determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.9 In
making these findings, Commerce
relied, in part, on facts available, and
because one or more respondents did
not act to the best of their ability to
respond to Commerce’s requests for
information, Commerce drew an adverse
inference where appropriate in selecting
from among the facts otherwise
available.10 For further information, see
‘‘Use of Facts Otherwise Available and
Adverse Inferences’’ in the Preliminary
Decision Memorandum.
Alignment
In accordance with section 705(a)(1)
of the Act and 19 CFR 351.210(b)(4),
and based on the petitioner’s request,11
Commerce is aligning the final
countervailing duty determination in
this investigation with the final
determination in the companion
antidumping duty investigation of
refillable stainless steel kegs from
China.
All-Others Rate
Sections 703(d)(1)(A)(i) and
705(c)(5)(A) of the Act provide that in
the preliminary determination,
Commerce shall determine an estimated
all-others rate for companies not
individually examined. This rate shall
be an amount equal to the weighted
average of the estimated subsidy rates
established for those companies
individually examined, excluding any
zero and de minimis rates and any rates
based entirely under section 776 of the
Act.
In this investigation, Commerce
preliminarily assigned rates based
entirely on facts available for Penglai
Jinfu Stainless Steel Products (Penglai
Jinfu) and 18 companies that failed to
respond to our quantity and value
(Q&V) questionnaire.12 Commerce
calculated an individual estimated
countervailable subsidy rate for Ningbo
Master International Trade Co., Ltd.
(Ningbo Master) and its cross-owned
affiliates Tomorrow Industrial Limited
(Tomorrow Industrial), Ningbo Major
Draft Beer Equipment Co., Ltd. (Ningbo
Major), and Zhejiang Major Technology
Co., Ltd. (Major Technology). Because
the only individually calculated rate is
not zero, de minimis, or based entirely
on facts otherwise available, the rate
calculated for Ningbo Master is also
assigned to all-other producers and
exporters.
Preliminary Determination
Net subsidy
rate
(percent)
Company
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Equipmentines (Dalian) E-Commerce Co., Ltd ...................................................................................................................................
holiday, the appropriate deadline is the next
business day. See Notice of Clarification:
Application of ‘‘Next Business Day’’ Rule for
Administrative Determination Deadlines Pursuant
to the Tariff Act of 2930, As Amended,’’ 70 FR
24533 (May 10, 2005).
3 See Memorandum from Gary Taverman, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, performing the
non-exclusive functions and duties of the Assistant
Secretary for Enforcement and Compliance
‘‘Deadlines Affected by the Partial Shutdown of the
Federal Government’’, dated January 28, 2019. All
deadlines in this segment of the proceeding have
been extended by 40 days.
4 See ‘‘Decision Memorandum for the Preliminary
Affirmative Determination: Countervailing Duty
Investigation of Refillable Stainless Steel Kegs from
the People’s Republic of China,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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5 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
6 See Initiation Notice.
7 See Memorandum, Refillable Stainless Steel
Kegs from the People’s Republic of China, Germany,
and Mexico: Scope Comments Decision
Memorandum for the Preliminary Determinations
(March 29, 2019) (Preliminary Scope Decision
Memorandum).
8 Id. at 3–4.
9 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
10 See sections 776(a) and (b) of the Act.
11 See Letter, ‘‘Refillable Stainless Steel Kegs from
the People’s Republic of China: Request for
Alignment of the Countervailing Duty Final
Determination with the Companion Antidumping
Duty Final Determination,’’ dated March 19, 2019.
PO 00000
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12 Commerce issued Q&V questionnaires to 20
companies. The 18 companies that did not respond
to our Q&V questionnaire are: Equipmentines
(Dalian) E-Commerce Co., Ltd.; Jinan HaoLu
Machinery Equipment Co., Ltd.; NDL Keg Qingdao
Inc.; Ningbo Direct Import & Export Co., Ltd.;
Ningbo Hefeng Container Manufacture Co., Ltd.;
Ningbo Hefeng Kitchen Utensils Manufacture Co.,
Ltd.; Ningbo HGM Food Machinery Co., Ltd.;
Ningbo Jiangbei Bei Fu Industry and Trade Co.,
Ltd.; Ningbo Sanfino Import & Export Co., Ltd.;
Ningbo Shimaotong International Co., Ltd.; Ningbo
Sunburst International Trading Co., Ltd.; Orient
Equipment (Taizhou) Co., Ltd.; Qingdao Henka
Precision Technology Co., Ltd.; Shandong Tiantai
Beer Equipment; Sino Dragon Trading International;
Wenzhou Deli Machinery Equipment Co.; Wuxi
Taihu Lamps and Lanterns Co., Ltd.; and Yantai
Trano New Material Co., Ltd.
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Federal Register / Vol. 84, No. 66 / Friday, April 5, 2019 / Notices
Net subsidy
rate
(percent)
Company
Jinan HaoLu Machinery Equipment Co., Ltd ......................................................................................................................................
NDL Keg Qingdao Inc .........................................................................................................................................................................
Ningbo Direct Import & Export Co., Ltd ..............................................................................................................................................
Ningbo Hefeng Container Manufacture Co., Ltd .................................................................................................................................
Ningbo Hefeng Kitchen Utensils Manufacture Co., Ltd ......................................................................................................................
Ningbo HGM Food Machinery Co., Ltd ...............................................................................................................................................
Ningbo Jiangbei Bei Fu Industry and Trade Co., Ltd .........................................................................................................................
Ningbo Master International Trade Co., Ltd 13 ....................................................................................................................................
Ningbo Sanfino Import & Export Co., Ltd ............................................................................................................................................
Ningbo Shimaotong International Co., Ltd ..........................................................................................................................................
Ningbo Sunburst International Trading Co., Ltd ..................................................................................................................................
Orient Equipment (Taizhou) Co., Ltd ..................................................................................................................................................
Penglai Jinfu Stainless Steel Products ................................................................................................................................................
Qingdao Henka Precision Technology Co., Ltd ..................................................................................................................................
Shandong Tiantai Beer Equipment .....................................................................................................................................................
Sino Dragon Trading International ......................................................................................................................................................
Wenzhou Deli Machinery Equipment Co. ...........................................................................................................................................
Wuxi Taihu Lamps and Lanterns Co., Ltd ..........................................................................................................................................
Yantai Trano New Material Co., Ltd ....................................................................................................................................................
All Others .............................................................................................................................................................................................
Commerce preliminarily determines
that the following estimated
countervailable subsidy rates exist:
Suspension of Liquidation
In accordance with section
703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and
Border Protection (CBP) to suspend
liquidation of entries of subject
merchandise as described in the scope
of the investigation section entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of this notice in the Federal
Register. Further, pursuant to 19 CFR
351.205(d), Commerce will instruct CBP
to require a cash deposit equal to the
rates indicated above.
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this preliminary
determination within five days of its
public announcement, or if there is no
public announcement, within five days
of the date of this notice in accordance
with 19 CFR 351.224(b).
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Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify the
information relied upon in making its
final determination.
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
13 As discussed in the Preliminary Decision
Memorandum, Commerce has found Ningbo Major
Draft Beer Equipment Co., Ltd., Tomorrow
Industrial Limited and Zhejiang Major Technology
Co., Ltd. to be cross-owned with Ningbo Master
International Trade Co., Ltd.
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18:46 Apr 04, 2019
Jkt 247001
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the last
verification report is issued in this
investigation. Rebuttal briefs, limited to
issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.14
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
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 date
of publication of this notice. Requests
should contain the party’s name,
address, and 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 the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, 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.
14 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
PO 00000
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15.78
International Trade Commission
Notification
In accordance with section 703(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its determination. If the final
determination is affirmative, the ITC
will determine before the later of 120
days after the date of this preliminary
determination or 45 days after the final
determination.
Notification to Interested Parties
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act and 19 CFR
351.205(c).
Dated: March 29, 2019.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this
investigation are kegs, vessels, or containers
with bodies that are approximately
cylindrical in shape, made from stainless
steel (i.e., steel containing at least 10.5
percent chromium by weight and less than
1.2 percent carbon by weight, with or
without other elements), and that are
compatible with a ‘‘D Sankey’’ extractor
(refillable stainless steel kegs) with a nominal
liquid volume capacity of 10 liters or more,
regardless of the type of finish, gauge,
thickness, or grade of stainless steel, and
whether or not covered by or encased in
other materials. Refillable stainless steel kegs
may be imported assembled or unassembled,
with or without all components (including
spears, couplers or taps, necks, collars, and
valves), and be filled or unfilled.
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‘‘Unassembled’’ or ‘‘unfinished’’ refillable
stainless steel kegs include drawn stainless
steel cylinders that have been welded to form
the body of the keg and attached to an upper
(top) chime and/or lower (bottom) chime.
Unassembled refillable stainless steel kegs
may or may not be welded to a neck, may
or may not have a valve assembly attached,
and may be otherwise complete except for
testing, certification, and/or marking.
Subject merchandise also includes
refillable stainless steel kegs that have been
further processed in a third country,
including but not limited to, attachment of
necks, collars, spears or valves, heat
treatment, pickling, passivation, painting,
testing, certification or any other processing
that would not otherwise remove the
merchandise from the scope of the
investigations if performed in the country of
manufacture of the in-scope refillable
stainless steel keg.
Specifically excluded are the following:
(1) Vessels or containers that are not
approximately cylindrical in nature (e.g.,
box, ‘‘hopper’’ or ‘‘cone’’ shaped vessels);
(2) stainless steel kegs, vessels, or
containers that have either a ‘‘ball lock’’
valve system or a ‘‘pin lock’’ valve system
(commonly known as ‘‘Cornelius,’’ ‘‘corny’’
or ‘‘ball lock’’ kegs);
(3) necks, spears, couplers or taps, collars,
and valves that are not imported with the
subject merchandise; and
(4) stainless steel kegs that are filled with
beer, wine, or other liquid and that are
designated by the Commissioner of Customs
as Instruments of International Traffic within
the meaning of section 332(a) of the Tariff
Act of 1930, as amended.
The merchandise covered by this
investigation is currently classified in the
Harmonized Tariff Schedule of the United
States (HTSUS) under subheadings
7310.10.0010, 7310.00.0050, 7310.29.0025,
and 7310.29.0050.
These HTSUS subheadings are provided
for convenience and customs purposes; the
written description of the scope of this
investigation is dispositive.
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Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
Summary
Background
A. Initiation and Case History
B. Postponement of Preliminary
Determination
C. Period of Investigation
Scope Comments
A. Scope of the Investigation
B. Alignment
C. Injury Test
Application of the CVD Law to Imports From
China
Diversification of China’s Economy
Subsidies Valuation
A. Allocation Period
B. Attribution of Subsidies
C. Denominators
Benchmarks and Interest Rates
A. Short-Term and Long-Term Renminbi
(RMB)-Denominated Loans
B. Long-Term RMB-Dominated Loans
C. Discount Rates
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18:46 Apr 04, 2019
Jkt 247001
D. Input Benchmarks
Use of Facts Otherwise Available and
Adverse Inferences
A. Legal Standard
B. Application of AFA: Non-Responsive
Q&V Questionnaire Recipients
C. Application of AFA: Penglai Jinfu
D. Application of AFA: Provision of
Electricity for LTAR
E. Application of AFA: Provision of
Stainless Steel Coil for LTAR
F. Application of AFA: Export Assistance
Grants and Special Funds for
International Market Expansion
Analysis of Programs
A. Programs Preliminarily Determined to
be Countervailable
B. Programs Preliminarily Determined Not
to Confer a Measurable Benefit
C. Programs Preliminarily Determined to
Be Not Used by Ningbo Master
Calculation of the All-Others Rate
ITC Notification
Disclosure and Public Comment
Verification
Recommendation
Appendix
[FR Doc. 2019–06703 Filed 4–4–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Proposed Information Collection;
Comment Request; Malcolm Baldrige
National Quality Award Application
(MBNQA)
National Institute of Standards
and Technology, Commerce.
ACTION: Notice.
AGENCY:
The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before June 4, 2019.
ADDRESSES: Direct all written comments
to Jennifer Jessup, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6616,
1401 Constitution Avenue NW,
Washington, DC 20230 (or via the
internet at docpra@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Dawn Bailey, Baldrige
Performance Excellence Program, 100
Bureau Drive, Stop 1020, Gaithersburg,
MD 20899, 301–975–3074,
dawn.bailey@nist.gov.
SUMMARY:
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13637
SUPPLEMENTARY INFORMATION:
I. Abstract
The Department of Commerce is
responsible for the Baldrige
Performance Excellence Program (BPEP)
and the Malcolm Baldrige National
Quality Award (MBNQA), the nation’s
highest award for organizational
performance excellence. Directly
associated with this award is the Board
of Examiners, an integral volunteer
workforce for BPEP. NIST manages
BPEP. An applicant organization for the
MBNQA is required to perform two
steps: (1) The applicant organization
self-certifies that it meets eligibility
requirements with an eligibility form;
and (2) the applicant organization
prepares and completes an application
package. BPEP will assist with or offer
advice on any questions or issues that
the applicant may have concerning the
eligibility or application processes; this
includes BPEP staff manning a hotline
during the week and on weekends for
organizations to call or email. With the
help of the Board of Examiners, BPEP
will use the eligibility forms and
application package to assess and
provide feedback on the applicant’s
performance excellence practices. These
practices could lead to a MBNQA
awarded by the President of the United
States or his delegate.
Per Public Law 100–107 (Malcolm
Baldrige National Quality Improvement
Act of 1987), the MBNQA helps to
stimulate American companies to
improve quality and productivity for the
pride of recognition while obtaining a
competitive edge through increased
profits; recognizes the achievements of
those companies that improve the
quality of their goods and services and
provide an example to others;
establishes guidelines and criteria that
can be used by business, industrial,
governmental, and other organizations
in evaluating their own quality
improvement efforts; and provides
specific guidance for other American
organizations that wish to learn how to
manage for high quality by making
available detailed information on how
winning organizations were able to
change their cultures and achieve
eminence.
The application to be a member of the
Board of Examiners is a one-step,
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E:\FR\FM\05APN1.SGM
05APN1
Agencies
[Federal Register Volume 84, Number 66 (Friday, April 5, 2019)]
[Notices]
[Pages 13634-13637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06703]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-094]
Refillable Stainless Steel Kegs From the People's Republic of
China: Preliminary Affirmative Countervailing Duty Determination and
Alignment of Final Determination With Final Antidumping Duty
Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that countervailable subsidies are being provided to producers and
exporters of refillable stainless steel kegs (kegs) from the People's
Republic of China (China) for the period of investigation (POI) January
1, 2017 through December 31, 2017. Interested parties are invited to
comment on this preliminary determination.
DATES: Applicable April 5, 2019.
FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski or Robert Brown at
(202) 482-1395 or (202) 482-3702, respectively, AD/CVD Operations,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on October 16,
2018.\1\ On December 4, 2018, Commerce postponed the preliminary
determination in this investigation to February 19, 2019.\2\
[[Page 13635]]
Commerce exercised its discretion to toll all deadlines affected by the
partial federal government closure from December 22, 2018, through the
resumption of operations on January 29, 2019.\3\ Accordingly, the
revised deadline for the preliminary determination is March 29, 2019.
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\1\ See Refillable Stainless Steel Kegs from the People's
Republic of China: Initiation of Countervailing Duty Investigation,
83 FR 52192 (October 16, 2018) (Initiation Notice).
\2\ See Refillable Stainless Steel Kegs from the People's
Republic of China: Postponement of Preliminary Determination in the
Countervailing Duty Investigation, 83 FR 62560 (December 4, 2018).
In accordance with Commerce's practice, where a deadline falls on a
weekend or federal holiday, the appropriate deadline is the next
business day. See Notice of Clarification: Application of ``Next
Business Day'' Rule for Administrative Determination Deadlines
Pursuant to the Tariff Act of 2930, As Amended,'' 70 FR 24533 (May
10, 2005).
\3\ See Memorandum from Gary Taverman, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
performing the non-exclusive functions and duties of the Assistant
Secretary for Enforcement and Compliance ``Deadlines Affected by the
Partial Shutdown of the Federal Government'', dated January 28,
2019. All deadlines in this segment of the proceeding have been
extended by 40 days.
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For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\4\ A list of topics discussed in the Preliminary Decision
Memorandum is included as Appendix II to this notice. 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 and is available to all
parties in the Central Records Unit, room B8024 of the main Department
of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and electronic versions of the
Preliminary Decision Memorandum are identical in content.
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\4\ See ``Decision Memorandum for the Preliminary Affirmative
Determination: Countervailing Duty Investigation of Refillable
Stainless Steel Kegs from the People's Republic of China,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are kegs from China. For
a full description of the scope of this investigation, see Appendix I
to this notice.
Scope Comments
In accordance with the preamble to Commerce's regulations,\5\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\6\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice. For a summary of the product coverage comments
and rebuttal responses submitted to the record for this preliminary
determination and accompanying discussion and analysis of all comments
timely received, see the Preliminary Scope Decision Memorandum.\7\
Commerce is preliminarily modifying the scope language as it appeared
in the initiation notice.\8\ See the revised scope in Appendix I to
this notice.
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\5\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\6\ See Initiation Notice.
\7\ See Memorandum, Refillable Stainless Steel Kegs from the
People's Republic of China, Germany, and Mexico: Scope Comments
Decision Memorandum for the Preliminary Determinations (March 29,
2019) (Preliminary Scope Decision Memorandum).
\8\ Id. at 3-4.
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Methodology
Commerce is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found
countervailable, Commerce preliminarily determines that there is a
subsidy, i.e., a financial contribution by an ``authority'' that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\9\ In making these findings, Commerce relied, in part, on
facts available, and because one or more respondents did not act to the
best of their ability to respond to Commerce's requests for
information, Commerce drew an adverse inference where appropriate in
selecting from among the facts otherwise available.\10\ For further
information, see ``Use of Facts Otherwise Available and Adverse
Inferences'' in the Preliminary Decision Memorandum.
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\9\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
\10\ See sections 776(a) and (b) of the Act.
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Alignment
In accordance with section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), and based on the petitioner's request,\11\ Commerce is
aligning the final countervailing duty determination in this
investigation with the final determination in the companion antidumping
duty investigation of refillable stainless steel kegs from China.
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\11\ See Letter, ``Refillable Stainless Steel Kegs from the
People's Republic of China: Request for Alignment of the
Countervailing Duty Final Determination with the Companion
Antidumping Duty Final Determination,'' dated March 19, 2019.
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All-Others Rate
Sections 703(d)(1)(A)(i) and 705(c)(5)(A) of the Act provide that
in the preliminary determination, Commerce shall determine an estimated
all-others rate for companies not individually examined. This rate
shall be an amount equal to the weighted average of the estimated
subsidy rates established for those companies individually examined,
excluding any zero and de minimis rates and any rates based entirely
under section 776 of the Act.
In this investigation, Commerce preliminarily assigned rates based
entirely on facts available for Penglai Jinfu Stainless Steel Products
(Penglai Jinfu) and 18 companies that failed to respond to our quantity
and value (Q&V) questionnaire.\12\ Commerce calculated an individual
estimated countervailable subsidy rate for Ningbo Master International
Trade Co., Ltd. (Ningbo Master) and its cross-owned affiliates Tomorrow
Industrial Limited (Tomorrow Industrial), Ningbo Major Draft Beer
Equipment Co., Ltd. (Ningbo Major), and Zhejiang Major Technology Co.,
Ltd. (Major Technology). Because the only individually calculated rate
is not zero, de minimis, or based entirely on facts otherwise
available, the rate calculated for Ningbo Master is also assigned to
all-other producers and exporters.
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\12\ Commerce issued Q&V questionnaires to 20 companies. The 18
companies that did not respond to our Q&V questionnaire are:
Equipmentines (Dalian) E[hyphen]Commerce Co., Ltd.; Jinan HaoLu
Machinery Equipment Co., Ltd.; NDL Keg Qingdao Inc.; Ningbo Direct
Import & Export Co., Ltd.; Ningbo Hefeng Container Manufacture Co.,
Ltd.; Ningbo Hefeng Kitchen Utensils Manufacture Co., Ltd.; Ningbo
HGM Food Machinery Co., Ltd.; Ningbo Jiangbei Bei Fu Industry and
Trade Co., Ltd.; Ningbo Sanfino Import & Export Co., Ltd.; Ningbo
Shimaotong International Co., Ltd.; Ningbo Sunburst International
Trading Co., Ltd.; Orient Equipment (Taizhou) Co., Ltd.; Qingdao
Henka Precision Technology Co., Ltd.; Shandong Tiantai Beer
Equipment; Sino Dragon Trading International; Wenzhou Deli Machinery
Equipment Co.; Wuxi Taihu Lamps and Lanterns Co., Ltd.; and Yantai
Trano New Material Co., Ltd.
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Preliminary Determination
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Net subsidy
Company rate (percent)
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Equipmentines (Dalian) E[hyphen]Commerce Co., Ltd....... 144.30
[[Page 13636]]
Jinan HaoLu Machinery Equipment Co., Ltd................ 144.30
NDL Keg Qingdao Inc..................................... 144.30
Ningbo Direct Import & Export Co., Ltd.................. 144.30
Ningbo Hefeng Container Manufacture Co., Ltd............ 144.30
Ningbo Hefeng Kitchen Utensils Manufacture Co., Ltd..... 144.30
Ningbo HGM Food Machinery Co., Ltd...................... 144.30
Ningbo Jiangbei Bei Fu Industry and Trade Co., Ltd...... 144.30
Ningbo Master International Trade Co., Ltd \13\......... 15.78
Ningbo Sanfino Import & Export Co., Ltd................. 144.30
Ningbo Shimaotong International Co., Ltd................ 144.30
Ningbo Sunburst International Trading Co., Ltd.......... 144.30
Orient Equipment (Taizhou) Co., Ltd..................... 144.30
Penglai Jinfu Stainless Steel Products.................. 144.30
Qingdao Henka Precision Technology Co., Ltd............. 144.30
Shandong Tiantai Beer Equipment......................... 144.30
Sino Dragon Trading International....................... 144.30
Wenzhou Deli Machinery Equipment Co..................... 144.30
Wuxi Taihu Lamps and Lanterns Co., Ltd.................. 144.30
Yantai Trano New Material Co., Ltd...................... 144.30
All Others.............................................. 15.78
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Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
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\13\ As discussed in the Preliminary Decision Memorandum,
Commerce has found Ningbo Major Draft Beer Equipment Co., Ltd.,
Tomorrow Industrial Limited and Zhejiang Major Technology Co., Ltd.
to be cross-owned with Ningbo Master International Trade Co., Ltd.
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Suspension of Liquidation
In accordance with section 703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d),
Commerce will instruct CBP to require a cash deposit equal to the rates
indicated above.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of its public announcement, or if there is no public
announcement, within five days of the date of this notice in accordance
with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation. Rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than five days after the deadline
date for case briefs.\14\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or rebuttal briefs in this investigation
are encouraged to submit with each argument: (1) A statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities.
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\14\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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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 date of publication of this notice. Requests should contain
the party's name, address, and 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 the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, 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.
International Trade Commission Notification
In accordance with section 703(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its determination. If the
final determination is affirmative, the ITC will determine before the
later of 120 days after the date of this preliminary determination or
45 days after the final determination.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: March 29, 2019.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this investigation are kegs, vessels,
or containers with bodies that are approximately cylindrical in
shape, made from stainless steel (i.e., steel containing at least
10.5 percent chromium by weight and less than 1.2 percent carbon by
weight, with or without other elements), and that are compatible
with a ``D Sankey'' extractor (refillable stainless steel kegs) with
a nominal liquid volume capacity of 10 liters or more, regardless of
the type of finish, gauge, thickness, or grade of stainless steel,
and whether or not covered by or encased in other materials.
Refillable stainless steel kegs may be imported assembled or
unassembled, with or without all components (including spears,
couplers or taps, necks, collars, and valves), and be filled or
unfilled.
[[Page 13637]]
``Unassembled'' or ``unfinished'' refillable stainless steel
kegs include drawn stainless steel cylinders that have been welded
to form the body of the keg and attached to an upper (top) chime
and/or lower (bottom) chime. Unassembled refillable stainless steel
kegs may or may not be welded to a neck, may or may not have a valve
assembly attached, and may be otherwise complete except for testing,
certification, and/or marking.
Subject merchandise also includes refillable stainless steel
kegs that have been further processed in a third country, including
but not limited to, attachment of necks, collars, spears or valves,
heat treatment, pickling, passivation, painting, testing,
certification or any other processing that would not otherwise
remove the merchandise from the scope of the investigations if
performed in the country of manufacture of the in-scope refillable
stainless steel keg.
Specifically excluded are the following:
(1) Vessels or containers that are not approximately cylindrical
in nature (e.g., box, ``hopper'' or ``cone'' shaped vessels);
(2) stainless steel kegs, vessels, or containers that have
either a ``ball lock'' valve system or a ``pin lock'' valve system
(commonly known as ``Cornelius,'' ``corny'' or ``ball lock'' kegs);
(3) necks, spears, couplers or taps, collars, and valves that
are not imported with the subject merchandise; and
(4) stainless steel kegs that are filled with beer, wine, or
other liquid and that are designated by the Commissioner of Customs
as Instruments of International Traffic within the meaning of
section 332(a) of the Tariff Act of 1930, as amended.
The merchandise covered by this investigation is currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) under subheadings 7310.10.0010, 7310.00.0050, 7310.29.0025,
and 7310.29.0050.
These HTSUS subheadings are provided for convenience and customs
purposes; the written description of the scope of this investigation
is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
Summary
Background
A. Initiation and Case History
B. Postponement of Preliminary Determination
C. Period of Investigation
Scope Comments
A. Scope of the Investigation
B. Alignment
C. Injury Test
Application of the CVD Law to Imports From China
Diversification of China's Economy
Subsidies Valuation
A. Allocation Period
B. Attribution of Subsidies
C. Denominators
Benchmarks and Interest Rates
A. Short-Term and Long-Term Renminbi (RMB)-Denominated Loans
B. Long-Term RMB-Dominated Loans
C. Discount Rates
D. Input Benchmarks
Use of Facts Otherwise Available and Adverse Inferences
A. Legal Standard
B. Application of AFA: Non-Responsive Q&V Questionnaire
Recipients
C. Application of AFA: Penglai Jinfu
D. Application of AFA: Provision of Electricity for LTAR
E. Application of AFA: Provision of Stainless Steel Coil for
LTAR
F. Application of AFA: Export Assistance Grants and Special
Funds for International Market Expansion
Analysis of Programs
A. Programs Preliminarily Determined to be Countervailable
B. Programs Preliminarily Determined Not to Confer a Measurable
Benefit
C. Programs Preliminarily Determined to Be Not Used by Ningbo
Master
Calculation of the All-Others Rate
ITC Notification
Disclosure and Public Comment
Verification
Recommendation
Appendix
[FR Doc. 2019-06703 Filed 4-4-19; 8:45 am]
BILLING CODE 3510-DS-P