Refillable Stainless Steel Kegs From the Federal Republic of Germany: Preliminary Affirmative Determination of Sales at Less Than Fair Value, and Postponement of Final Determination, 25736-25738 [2019-11587]

Download as PDF khammond on DSKBBV9HB2PROD with NOTICES 25736 Federal Register / Vol. 84, No. 107 / Tuesday, June 4, 2019 / Notices independently, as part of furniture or furniture mechanisms (e.g., convertible sofa bed mattresses, sofa bed mattresses imported with sofa bed mechanisms, corner group mattresses, day-bed mattresses, roll-away bed mattresses, high risers, trundle bed mattresses, crib mattresses), or as part of a set in combination with a ‘‘mattress foundation.’’ ‘‘Mattress foundations’’ are any base or support for a mattress. Mattress foundations are commonly referred to as ‘‘foundations,’’ ‘‘boxsprings,’’ ‘‘platforms,’’ and/or ‘‘bases.’’ Bases can be static, foldable, or adjustable. Only the mattress is covered by the scope if imported as part of furniture, with furniture mechanisms, or as part of a set in combination with a mattress foundation. Excluded from the scope of this investigation are ‘‘futon’’ mattresses. A ‘‘futon’’ is a bi-fold frame made of wood, metal, or plastic material, or any combination thereof, that functions as both seating furniture (such as a couch, love seat, or sofa) and a bed. A ‘‘futon mattress’’ is a tufted mattress, where the top covering is secured to the bottom with thread that goes completely through the mattress from the top through to the bottom, and it does not contain innersprings or foam. A futon mattress is both the bed and seating surface for the futon. Also excluded from the scope are airbeds (including inflatable mattresses) and waterbeds, which consist of air- or liquidfilled bladders as the core or main support system of the mattress. Further, also excluded from the scope of this investigation are any products covered by the existing antidumping duty order on uncovered innerspring units. See Uncovered Innerspring Units from the People’s Republic of China: Notice of Antidumping Duty Order, 74 FR 7661 (February 19, 2009). Additionally, also excluded from the scope of this investigation are ‘‘mattress toppers.’’ A ‘‘mattress topper’’ is a removable bedding accessory that supplements a mattress by providing an additional layer that is placed on top of a mattress. Excluded mattress toppers have a height of four inches or less. The products subject to this investigation are currently properly classifiable under Harmonized Tariff Schedule for the United States (HTSUS) subheadings: 9404.21.0010, 9404.21.0013, 9404.29.1005, 9404.29.1013, 9404.29.9085, and 9404.29.9087. Products subject to this investigation may also enter under HTSUS subheadings: 9404.21.0095, 9404.29.1095, 9404.29.9095, 9401.40.0000, and 9401.90.5081. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise subject to this investigation is dispositive. VIII. Selection of Respondents IX. Discussion of the Methodology A. Non-Market Economy Country B. Surrogate Country and Surrogate Value Comments C. Separate Rates D. Dumping Margin for the Separate Rate Companies Not Individually Examined E. Combination Rates F. The China-Wide Entity G. Application of Facts Available and Adverse Inferences H. Date of Sale I. Fair Value Comparisons J. U.S. Price K. Normal Value L. Factor Valuation Methodology X. Currency Conversion XI. Verification XII. Conclusion Appendix II Background Commerce published the notice of initiation of this investigation on October 16, 2018.1 This preliminary determination is made in accordance List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Critical Circumstances V. Postponement of Final Determination and Extension of Provisional Measures VI. Scope Comments VII. Scope of the Investigation VerDate Sep<11>2014 17:16 Jun 03, 2019 Jkt 247001 [FR Doc. 2019–11577 Filed 6–3–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–428–846] Refillable Stainless Steel Kegs From the Federal Republic of Germany: Preliminary Affirmative Determination of Sales at Less Than Fair Value, and Postponement of Final Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that refillable stainless steel kegs (kegs) from the Federal Republic of Germany (Germany) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is July 1, 2017, through June 30, 2018. Interested parties are invited to comment on this preliminary determination. DATES: Applicable June 4, 2019. FOR FURTHER INFORMATION CONTACT: Michael A. Romani, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Ave. NW, Washington, DC 20230; telephone: (202) 482–0198. SUPPLEMENTARY INFORMATION: AGENCY: 1 See Refillable Stainless Steel Kegs from the People’s Republic of China, the Federal Republic of Germany, and Mexico: Initiation Of Less-Than-FairValue Investigations, 83 FR 52195 (October 16, 2018) (Initiation Notice). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 with section 733(b) of the Tariff Act of 1930, as amended (the Act). 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, 2019.2 On March 19, 2019, at the request of the petitioner, Commerce postponed the deadline for the preliminary determination until May 28, 2019.3 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.4 A list of topics included 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 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 http://enforcement.trade.gov/frn/. Scope of the Investigation The products covered by this investigation are refillable stainless steel kegs from Germany. For a complete description of the scope of this investigation, see Appendix I. 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 this 2 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 affected by the partial federal government closure have been extended by 40 days. 3 See Refillable Stainless Steel Kegs from the Federal Republic of Germany, Mexico and the People’s Republic of China: Postponement of Preliminary Determinations in the Less-Than-FairValue Investigations, 84 FR 10033 (March 19, 2019). 4 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Less-ThanFair-Value Investigation of Refillable Stainless Steel Kegs from the Federal Republic of Germany,’’ dated concurrently with, and hereby adopted by this notice (Preliminary Decision Memorandum). 5 See Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 6 See Initiation Notice, 83 FR at 52196. E:\FR\FM\04JNN1.SGM 04JNN1 Federal Register / Vol. 84, No. 107 / Tuesday, June 4, 2019 / Notices investigation as it appeared in the Initiation Notice. For a summary of the product coverage comments and rebuttal responses submitted to the record of this investigation, and a discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum.7 The scope case briefs were due on May 6, 2019, 30 days after the publication of Kegs from China Preliminary CVD Determination.8 There will be no further opportunity for comments on scoperelated issues. Commerce is preliminarily modifying the scope language as it appeared in the initiation notice.9 See the revised scope in Appendix I to this notice. Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce calculated export prices in accordance with section 772(a) of the Act. Constructed export prices have been calculated in accordance with section 772(b) of the Act. Normal value (NV) is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. khammond on DSKBBV9HB2PROD with NOTICES All-Others Rate Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide that in the preliminary determination, Commerce shall determine an estimated all-others rate for all exporters and producers not individually examined. This rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any 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,’’ dated March 29, 2019 (Preliminary Scope Decision Memorandum) at 4–15. 8 The scope case briefs were due 30 days after the publication of 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, 84 FR 13634 (April 5, 2019) (Kegs from China Preliminary CVD Determination). See the Preliminary Scope Decision Memorandum at 5. Because the deadline fell on Sunday, May 5, 2019, the actual deadline for the scope case briefs was Monday, May 6, 2019. See 19 CFR 351.303(b)(1) (‘‘For both electronically filed and manually filed documents, if the applicable due date falls on a non-business day, the Secretary will accept documents that are filed on the next business day.’’). The deadline for scope rebuttal briefs was Monday, May 13, 2019. 9 See Preliminary Decision Memorandum at 4–5; see also Preliminary Scope Decision Memorandum at 15. VerDate Sep<11>2014 17:16 Jun 03, 2019 Jkt 247001 margins determined entirely under section 776 of the Act. Here, the ‘‘all others’’ rate is based on the estimated weighted-average dumping margin calculated for Blefa GmbH (Blefa), the only entity for which Commerce calculated a rate.10 25737 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 Preliminary Determination after the date on which the last final verification report is issued in this Commerce preliminarily determines investigation.11 Rebuttal briefs, limited that the following estimated weightedaverage dumping margins exist: to issues raised in case briefs, may be submitted no later than five days after Weighted- the deadline date for case briefs.12 average Pursuant to 19 CFR 351.309(c)(2) and Producer/exporter dumping (d)(2), parties who submit case briefs or margin rebuttal briefs in this investigation are (percent) encouraged to submit with each Blefa GmbH ................................ 8.61 argument: (1) A statement of the issue; All Others .................................... 8.61 (2) a brief summary of the argument; and (3) a table of authorities. Suspension of Liquidation Pursuant to 19 CFR 351.310(c), interested parties who wish to request a In accordance with section 733(d)(2) hearing, limited to issues raised in the of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to case and rebuttal briefs, must submit a suspend liquidation of entries of subject written request to the Assistant merchandise, as described in Appendix Secretary for Enforcement and Compliance, U.S. Department of I, entered, or withdrawn from Commerce, within 30 days after the date warehouse, for consumption on or after of publication of this notice. Requests the date of publication of this notice in should contain the party’s name, the Federal Register. Further, pursuant to section 733(d)(1)(B) of the Act and 19 address, and telephone number, the CFR 351.205(d), Commerce will instruct number of participants, whether any participant is a foreign national, and a CBP to require a cash deposit equal to list of the issues to be discussed. If a the estimated weighted-average request for a hearing is made, Commerce dumping margin or the estimated allintends to hold the hearing at the U.S. others rate, as follows: (1) The cash deposit rate for Blefa will be equal to the Department of Commerce, 1401 Constitution Avenue NW, Washington, company-specific estimated weightedaverage dumping margins determined in DC 20230, at a time and date to be this preliminary determination; (2) if the determined. Parties should confirm by telephone the date, time, and location of exporter is not a respondent identified the hearing two days before the above, but the producer is Blefa, then the cash deposit rate will be equal to the scheduled date. company-specific estimated weightedPostponement of Final Determination average dumping margin established for and Extension of Provisional Measures Blefa; and (3) the cash deposit rate for Section 735(a)(2) of the Act provides all other producers and exporters will that a final determination may be be equal to the all-others estimated postponed until not later than 135 days weighted-average dumping margin. after the date of the publication of the These suspension of liquidation preliminary determination if, in the instructions will remain in effect until event of an affirmative preliminary further notice. determination, a request for such postponement is made by exporters who Disclosure account for a significant proportion of Commerce intends to disclose its exports of the subject merchandise, or in calculations and analysis performed to the event of a negative preliminary interested parties in this preliminary determination, a request for such determination within five days of any postponement is made by the petitioner. public announcement or, if there is no Section 351.210(e)(2) of Commerce’s public announcement, within five days regulations requires that a request by of the date of publication of this notice exporters for postponement of the final in accordance with 19 CFR 351.224(b). determination be accompanied by a Verification 11 Case briefs, other written comments, and As provided in section 782(i)(1) of the rebuttal briefs should not include scope-related Act, Commerce intends to verify the issues. See ‘‘Scope Comments’’ section, supra. 10 See PO 00000 section 735(c)(5)(A) of the Act. Frm 00008 Fmt 4703 Sfmt 4703 12 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). E:\FR\FM\04JNN1.SGM 04JNN1 25738 Federal Register / Vol. 84, No. 107 / Tuesday, June 4, 2019 / Notices request for extension of provisional measures from a four-month period to a period not more than six months in duration. On April 28, 2019, pursuant to 19 CFR 351.210(e), Blefa requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed six months.13 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) The preliminary determination is affirmative; (2) the requesting exporter accounts for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, Commerce is postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, Commerce will make its final determination no later than 135 days after the date of publication of this preliminary determination. International Trade Commission Notification In accordance with section 733(f) of the Act, Commerce will notify the International Trade Commission (ITC) of its preliminary 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 whether these imports are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Dated: May 28, 2019. Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance. khammond on DSKBBV9HB2PROD with NOTICES 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, 13 See Blefa’s Letter, ‘‘Refillable Stainless Steel Kegs from the Federal Republic of Germany: Blefa Requests for Extension of Final Determination and Provisional Measures,’’ dated April 28, 2019. VerDate Sep<11>2014 17:16 Jun 03, 2019 Jkt 247001 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. ‘‘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 investigation 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 are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 7310.10.0010, 7310.10.0050, 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 I. Summary II. Background III. Period of Investigation IV. Scope of the Investigation V. Scope Comments VI. Product Characteristics VII. Methodology A. Fair Value Comparisons 1. Determination of Comparison Method 2. Results of the Differential Pricing Analysis VIII. Date of Sale IX. Product Comparisons PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 X. Export Price and Constructed Export Price XI. Normal Value A. Comparison Market Viability B. Level of Trade C. Cost of Production Analysis 1. Calculation of Cost of Production 2. Test of Home Market Sale Prices 3. Results of the Sales-Below-Cost Test D. Calculation of NV Based on Comparison Market Prices XII. Currency Conversion XIII. Verification XIV. Recommendation [FR Doc. 2019–11587 Filed 6–3–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–201–849] Refillable Stainless Steel Kegs From Mexico: Preliminary Affirmative Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that refillable stainless steel kegs (kegs) from Mexico are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is July 1, 2017, through June 30, 2018. Interested parties are invited to comment on this preliminary determination. DATES: Applicable June 4, 2019. FOR FURTHER INFORMATION CONTACT: Allison Hollander at (202) 482–2805 or Minoo Hatten at (202) 482–1690, AD/ CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: Background Commerce published the notice of initiation of this investigation on October 16, 2018.1 This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). 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, 2019.2 On 1 See Refillable Stainless Steel Kegs from the People’s Republic of China, the Federal Republic of Germany, and Mexico: Initiation of Less-Than-FairValue Investigations, 83 FR 52195 (October 16, 2016) (Initiation Notice). 2 See Memorandum to the Record from Gary Taverman, Deputy Assistant Secretary for E:\FR\FM\04JNN1.SGM 04JNN1

Agencies

[Federal Register Volume 84, Number 107 (Tuesday, June 4, 2019)]
[Notices]
[Pages 25736-25738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11587]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-846]


Refillable Stainless Steel Kegs From the Federal Republic of 
Germany: Preliminary Affirmative Determination of Sales at Less Than 
Fair Value, and Postponement of Final Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that refillable stainless steel kegs (kegs) from the Federal Republic 
of Germany (Germany) are being, or are likely to be, sold in the United 
States at less than fair value (LTFV). The period of investigation 
(POI) is July 1, 2017, through June 30, 2018. Interested parties are 
invited to comment on this preliminary determination.

DATES: Applicable June 4, 2019.

FOR FURTHER INFORMATION CONTACT: Michael A. Romani, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Ave. NW, 
Washington, DC 20230; telephone: (202) 482-0198.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the notice of initiation of this investigation 
on October 16, 2018.\1\ This preliminary determination is made in 
accordance with section 733(b) of the Tariff Act of 1930, as amended 
(the Act). 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.\2\ On 
March 19, 2019, at the request of the petitioner, Commerce postponed 
the deadline for the preliminary determination until May 28, 2019.\3\ 
For a complete description of the events that followed the initiation 
of this investigation, see the Preliminary Decision Memorandum.\4\ A 
list of topics included 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 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 http://enforcement.trade.gov/frn/.
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    \1\ See Refillable Stainless Steel Kegs from the People's 
Republic of China, the Federal Republic of Germany, and Mexico: 
Initiation Of Less-Than-Fair-Value Investigations, 83 FR 52195 
(October 16, 2018) (Initiation Notice).
    \2\ 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 
affected by the partial federal government closure have been 
extended by 40 days.
    \3\ See Refillable Stainless Steel Kegs from the Federal 
Republic of Germany, Mexico and the People's Republic of China: 
Postponement of Preliminary Determinations in the Less-Than-Fair-
Value Investigations, 84 FR 10033 (March 19, 2019).
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of 
Refillable Stainless Steel Kegs from the Federal Republic of 
Germany,'' 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 refillable stainless 
steel kegs from Germany. For a complete description of the scope of 
this investigation, see Appendix I.

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 this

[[Page 25737]]

investigation as it appeared in the Initiation Notice. For a summary of 
the product coverage comments and rebuttal responses submitted to the 
record of this investigation, and a discussion and analysis of all 
comments timely received, see the Preliminary Scope Decision 
Memorandum.\7\ The scope case briefs were due on May 6, 2019, 30 days 
after the publication of Kegs from China Preliminary CVD 
Determination.\8\ There will be no further opportunity for comments on 
scope-related issues. Commerce is preliminarily modifying the scope 
language as it appeared in the initiation notice.\9\ See the revised 
scope in Appendix I to this notice.
---------------------------------------------------------------------------

    \5\ See Antidumping Duties; Countervailing Duties; Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \6\ See Initiation Notice, 83 FR at 52196.
    \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,'' dated 
March 29, 2019 (Preliminary Scope Decision Memorandum) at 4-15.
    \8\ The scope case briefs were due 30 days after the publication 
of 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, 84 FR 13634 (April 5, 2019) (Kegs from China 
Preliminary CVD Determination). See the Preliminary Scope Decision 
Memorandum at 5. Because the deadline fell on Sunday, May 5, 2019, 
the actual deadline for the scope case briefs was Monday, May 6, 
2019. See 19 CFR 351.303(b)(1) (``For both electronically filed and 
manually filed documents, if the applicable due date falls on a non-
business day, the Secretary will accept documents that are filed on 
the next business day.''). The deadline for scope rebuttal briefs 
was Monday, May 13, 2019.
    \9\ See Preliminary Decision Memorandum at 4-5; see also 
Preliminary Scope Decision Memorandum at 15.
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Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce calculated export prices in accordance 
with section 772(a) of the Act. Constructed export prices have been 
calculated in accordance with section 772(b) of the Act. Normal value 
(NV) is calculated in accordance with section 773 of the Act. For a 
full description of the methodology underlying the preliminary 
determination, see the Preliminary Decision Memorandum.

All-Others Rate

    Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide that 
in the preliminary determination, Commerce shall determine an estimated 
all-others rate for all exporters and producers not individually 
examined. This rate shall be an amount equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated, excluding any zero 
and de minimis margins, and any margins determined entirely under 
section 776 of the Act. Here, the ``all others'' rate is based on the 
estimated weighted-average dumping margin calculated for Blefa GmbH 
(Blefa), the only entity for which Commerce calculated a rate.\10\
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    \10\ See section 735(c)(5)(A) of the Act.
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Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Blefa GmbH..................................................        8.61
All Others..................................................        8.61
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(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 Appendix I, entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register. Further, pursuant 
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will 
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows: 
(1) The cash deposit rate for Blefa will be equal to the company-
specific estimated weighted-average dumping margins determined in this 
preliminary determination; (2) if the exporter is not a respondent 
identified above, but the producer is Blefa, then the cash deposit rate 
will be equal to the company-specific estimated weighted-average 
dumping margin established for Blefa; and (3) the cash deposit rate for 
all other producers and exporters will be equal to the all-others 
estimated weighted-average dumping margin. These suspension of 
liquidation instructions will remain in effect until further notice.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication 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 final verification report is 
issued in this investigation.\11\ Rebuttal briefs, limited to issues 
raised in case briefs, may be submitted no later than five days after 
the deadline date for case briefs.\12\ 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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    \11\ Case briefs, other written comments, and rebuttal briefs 
should not include scope-related issues. See ``Scope Comments'' 
section, supra.
    \12\ 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.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioner. Section 351.210(e)(2) of Commerce's regulations 
requires that a request by exporters for postponement of the final 
determination be accompanied by a

[[Page 25738]]

request for extension of provisional measures from a four-month period 
to a period not more than six months in duration.
    On April 28, 2019, pursuant to 19 CFR 351.210(e), Blefa requested 
that Commerce postpone the final determination and that provisional 
measures be extended to a period not to exceed six months.\13\ In 
accordance with section 735(a)(2)(A) of the Act and 19 CFR 
351.210(b)(2)(ii), because: (1) The preliminary determination is 
affirmative; (2) the requesting exporter accounts for a significant 
proportion of exports of the subject merchandise; and (3) no compelling 
reasons for denial exist, Commerce is postponing the final 
determination and extending the provisional measures from a four-month 
period to a period not greater than six months. Accordingly, Commerce 
will make its final determination no later than 135 days after the date 
of publication of this preliminary determination.
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    \13\ See Blefa's Letter, ``Refillable Stainless Steel Kegs from 
the Federal Republic of Germany: Blefa Requests for Extension of 
Final Determination and Provisional Measures,'' dated April 28, 
2019.
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International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its preliminary 
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 
whether these imports are materially injuring, or threaten material 
injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: May 28, 2019.
Christian Marsh,
Deputy 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.
    ``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 investigation 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 are currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) under subheadings 7310.10.0010, 7310.10.0050, 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

I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Scope Comments
VI. Product Characteristics
VII. Methodology
    A. Fair Value Comparisons
    1. Determination of Comparison Method
    2. Results of the Differential Pricing Analysis
VIII. Date of Sale
IX. Product Comparisons
X. Export Price and Constructed Export Price
XI. Normal Value
    A. Comparison Market Viability
    B. Level of Trade
    C. Cost of Production Analysis
    1. Calculation of Cost of Production
    2. Test of Home Market Sale Prices
    3. Results of the Sales-Below-Cost Test
    D. Calculation of NV Based on Comparison Market Prices
XII. Currency Conversion
XIII. Verification
XIV. Recommendation

[FR Doc. 2019-11587 Filed 6-3-19; 8:45 am]
BILLING CODE 3510-DS-P