Refillable Stainless Steel Kegs From the People's Republic of China: Preliminary Affirmative Determination, in Part, of Critical Circumstances in the Countervailing Duty Investigation, 25748-25750 [2019-11589]
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25748
DATES:
Federal Register / Vol. 84, No. 107 / Tuesday, June 4, 2019 / Notices
Applicable June 4, 2019.
The Department of Commerce
(Commerce) is rescinding the
administrative review of the
antidumping duty order on steel wire
garment hangers from Taiwan for the
period of review (POR), December 1,
2017, through November 30, 2018.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Annathea Cook, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone (202) 482–0250.
SUPPLEMENTARY INFORMATION:
Background
khammond on DSKBBV9HB2PROD with NOTICES
On December 3, 2018, Commerce
published in the Federal Register a
notice of opportunity to request an
administrative review of the
antidumping duty order on steel wire
garment hangers from Taiwan for the
period of December 1, 2017, through
November 30, 2018.1 On December 14,
2018, in accordance with section 751(a)
of the Tariff Act of 1930, as amended,
(the Act) and 19 CFR 351.213(b),
Commerce received a timely request
from the petitioner 2 to conduct an
administrative review of the
antidumping duty order on steel wire
garment hangers from Taiwan
manufactured and/or exported by
Charles Enterprise Co., Ltd.; Gee Ten
Enterprise Co., Ltd.; Inmall Enterprises
Co., Ltd.; Mindful Life and Coaching
Co., Ltd.; Ocean Concept Corporation;
Su-Chia International Ltd.; Taiwan
Hanger Manufacturing Co., Ltd.; and
Young Max Enterprises Co. Ltd.3
On March 14, 2019, Commerce
published in the Federal Register a
notice of initiation of an administrative
review of the antidumping duty order
for the period December 1, 2017,
through November 30, 2018.4 On May
13, 2019, the petitioners timely
withdrew their request for an
administrative review for all companies
under review.5
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 83 FR 62293
(December 3, 2018).
2 M&B Metal Products Company, Inc.
3 See the petitioner’s letter, ‘‘Steel Wire Garment
Hangers from Taiwan: Request for Sixth
Administrative Review,’’ (December 14, 2018).
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
9297 (March 14, 2019).
5 See the petitioner’s letter, ‘‘Sixth Administrative
Review of Steel Wire Garment Hangers from
Taiwan—Petitioner’s Withdrawal of Review
Request,’’ (May 13, 2019).
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Rescission of Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, ‘‘in whole or in
part, if the party that requested a review
withdraws the request within 90 days of
the date of publication of notice of
initiation of the requested review.’’ The
petitioner withdrew its request for
review within the 90-day deadline. No
other party requested an administrative
review of the antidumping duty order.
Therefore, in response to the timely
withdrawal request and in accordance
with 19 CFR 351.213(d)(1), Commerce is
rescinding the administrative review of
the antidumping duty order on steel
wire garment hangers from Taiwan in its
entirety.
Assessment
Commerce intends to instruct U.S.
Customs and Border Protection (CBP) to
assess antidumping duties on all
appropriate entries of steel wire garment
hangers from Taiwan during the POR.
Antidumping duties shall be assessed at
rates equal to the cash deposit rate 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.
Notification to Importers
This notice serves as the only
reminder to importers, whose entries
will be liquidated as a result of this
rescission, of their responsibility under
19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement may result in the
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of doubled
antidumping duties.
Notification Regarding Administrative
Protective Order
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). 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 sanctionable violation.
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This notice is published in
accordance with sections 751(a) and
777(i)(1) of the Act and 19 CFR
351.213(d)(4).
Dated: May 28, 2019.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2019–11576 Filed 6–3–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–094]
Refillable Stainless Steel Kegs From
the People’s Republic of China:
Preliminary Affirmative Determination,
in Part, of Critical Circumstances in the
Countervailing Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable June 4, 2019.
FOR FURTHER INFORMATION CONTACT:
Nicholas Czajkowski, AD/CVD
Operations, Office I, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone
(202) 482–1395.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On April 5, 2019, the Department of
Commerce (Commerce) published the
preliminary determination in the
countervailing duty (CVD) investigation
of imports of refillable stainless steel
kegs (kegs) from the People’s Republic
of China.1 On May 2, 2019, the
American Keg Company LLC
(petitioner) alleged that critical
circumstances exist with respect to
imports of kegs from China, pursuant to
sections 703(e) of the Tariff Act of 1930,
as amended (the Act), and 19 CFR
351.206.2
In accordance with 19 CFR
351.206(c)(2)(ii), if the petitioner
submits an allegation of critical
circumstances later than 20 days before
the scheduled date of the preliminary
determination, Commerce must issue a
1 See 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)
(Preliminary Determination) and accompanying
Preliminary Decision Memorandum (PDM).
2 See Letter from the petitioner, ‘‘Refillable
Stainless Steel Kegs from the People’s Republic of
China: Petitioner’s Critical Circumstances
Allegation,’’ dated May 2, 2019.
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Federal Register / Vol. 84, No. 107 / Tuesday, June 4, 2019 / Notices
preliminary finding whether there is a
reasonable basis to believe or suspect
that critical circumstances exist within
30 days of the petitioner’s allegation.
Section 703(e)(1) of the Act provides
that Commerce, upon receipt of a timely
allegation of critical circumstances, will
preliminarily determine that critical
circumstances exist in CVD
investigations if there is a reasonable
basis to believe or suspect that: (A) ‘‘the
alleged countervailable subsidy’’ is
inconsistent with the Subsidies and
Countervailing Measures (SCM)
Agreement of the World Trade
Organization; and (B) there have been
massive imports of the subject
merchandise over a relatively short
period. Sections 351.206(h)(2) and (i) of
Commerce’s regulations provide that
imports must increase by at least 15
percent during the ‘‘relatively short
period’’ to be considered ‘‘massive’’ and
defines a ‘‘relatively short period’’ as
normally being the period beginning on
the date the proceeding begins (i.e., the
date the petition is filed) and ending at
least three months later.
khammond on DSKBBV9HB2PROD with NOTICES
Critical Circumstances Analysis
To determine whether an alleged
countervailable subsidy is inconsistent
with the SCM Agreement, in accordance
with section 703(e)(1)(A) of the Act,
Commerce considered the evidence on
the record of this CVD investigation.
Specifically, as reflected in the
Preliminary Determination, Commerce
found that Ningbo Master International
Trade Co., Ltd. (Ningbo Master), the one
participating mandatory respondent in
this investigation, benefitted from the
following export-contingent subsidies:
International Market Expansion Fund
and Export Assistance Grants.3
In determining whether there are
‘‘massive imports’’ over a ‘‘relatively
short period,’’ pursuant to section
703(e)(1)(B) of the Act, Commerce
normally compares the import volumes
of the subject merchandise for at least
three months immediately preceding the
filing of the petition (i.e., the ‘‘base
period’’) to a comparable period of at
least three months following the filing
of the petition (i.e., the ‘‘comparison
period’’).4 Imports will normally be
3 See e.g., Memorandum to the File,
‘‘Countervailing Duty Investigation of Refillable
Stainless Steel Kegs from the People’s Republic of
China: Preliminary Determination Calculations for
Ningbo Master International Trade Co., Ltd.,’’ dated
March 29, 2019.
4 See Antidumping and Countervailing Duty
Investigations of Certain Softwood Lumber Products
from Canada: Preliminary Determinations of
Critical Circumstances, 82 FR 19219 (April 27,
2017) at 19220, unchanged in Certain Softwood
Lumber Products from Canada: Final Affirmative
Determination of Sales at Less Than Fair Value and
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17:16 Jun 03, 2019
Jkt 247001
considered massive when imports
during the comparison period have
increased by 15 percent or more
compared to imports during the base
period.5
Accordingly, to determine
preliminarily whether there has been a
massive surge in imports for Ningbo
Master International Trade Co., Ltd.
(Ningbo Master), the mandatory
respondent in this investigation, which
provided shipment data, Commerce
compared the total volume of shipments
from October 2018 through April 2019,
the comparison period (i.e., all months
for which shipment data was available),
with the preceding seven-month period
of March 2018 through September 2018,
the base period. After analyzing the data
submitted, we preliminarily determine
imports from Ningbo Master were not
massive (i.e., did not increase by more
than 15 percent between the base and
comparison periods) over a relatively
short period of time within the context
of 19 CFR 351.206(h).6
As detailed in the Preliminary
Determination, Commerce applied an
Adverse Facts Available (AFA) rate for
certain companies that did not act to the
best of their ability to respond to
Commerce’s requests for information.7
Therefore, we preliminarily determine,
on the basis of AFA,8 that there has been
a massive surge in imports for these 19
companies that chose not to participate
in this investigation. Further, in the
Preliminary Determination, we
preliminarily determined that all 19
companies benefited from exportcontingent countervailable subsidies,
including the ‘‘International Market
Affirmative Final Determination of Critical
Circumstances, 82 FR 51806 (November 8, 2017) at
51807–08.
5 Id.
6 See Memorandum to the File, ‘‘Countervailing
Duty Investigation of Refillable Stainless Steel Kegs
from the People’s Republic of China: Preliminary
Determination of Critical Circumstances’’ dated
concurrently with this notice.
7 See PDM at pages 14–17. Specifically, one
mandatory respondent, Penglai Jinfu Stainless Steel
Products Co., Ltd., failed to respond to Commerce’s
questionnaire, and the following 18 companies
failed to respond to Commerce’s Quantity and
Value Questionnaire: 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.
8 See section 776 of the Act.
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25749
Expansion Fund’’ and ‘‘Export
Assistance Grants’’ programs.9
Therefore, we preliminarily find that
these companies received
countervailable subsidies that are
inconsistent with the SCM Agreement,
in accordance with section 703(e)(1)(A)
of the Act. As such, we preliminarily
determine that critical circumstances
exist with respect to these AFA
companies only.
To determine whether imports were
massive for all other producers/
exporters, Commerce’s normal practice
is to subtract shipments reported by the
cooperating mandatory respondents
from shipment data of subject
merchandise compiled by the ITC.10
However, as discussed in the Initiation
Notice 11 for this investigation, the
Harmonized Tariff Schedule of the
United States (HTSUS) numbers under
which the subject merchandise would
enter are basket categories containing a
wide variety of manufactured steel
products unrelated to kegs. Therefore,
consistent with prior practice, we have
preliminarily relied upon the
participating respondent company’s
data as ‘‘facts available’’ in accordance
with section 776(a)(1) of the Act to
determine whether imports from all
other producers/exporters were
massive.12 Based on the import data
submitted by Ningbo Master, we have
preliminarily determined that imports
from all other producers/exporters
likewise were not massive.
Final Critical Circumstances
Determination
We will issue our final determinations
concerning critical circumstances when
we issue our final CVD determination.
All interested parties will have the
opportunity to address this
determination. Case briefs, addressing
critical circumstances only, may be
submitted to the Assistant Secretary for
Enforcement and Compliance no later
than seven days after the publication
date of this notice. Rebuttal briefs,
limited to issues raised in these critical
circumstances-only case briefs, may be
9 See
PDM at pages 15–17 and Appendix.
e.g., Antidumping Duty Investigation on
Refillable Stainless Steel Kegs from Mexico:
Preliminary Affirmative Determination of Critical
Circumstances, 84 FR 18796 (May 2, 2019) at 18798
(Kegs from Mexico Preliminary Critical
Circumstances Determination).
11 See Memorandum to the File, ‘‘Countervailing
Duty Investigation Initiation Checklist: Refillable
Stainless Steel Kegs from the People’s Republic of
China,’’ dated October 10, 2018 (Initiation
Checklist); see also Refillable Stainless Steel Kegs
from the Peoples Republic of China: Initiation of
Countervailing Duty Investigation, 83 FR 52192
(October 16, 2018) (Initiation Notice).
12 See, e.g., Kegs from Mexico Preliminary Critical
Circumstances Determination, 84 FR at 18798.
10 See,
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04JNN1
25750
Federal Register / Vol. 84, No. 107 / Tuesday, June 4, 2019 / Notices
submitted no later than five days after
the deadline date for case briefs.13
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs for this critical
circumstances finding 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.
ITC Notification
In accordance with section 703(f) of
the Act, we will notify the ITC of this
preliminary determination of critical
circumstances.
Suspension of Liquidation
In accordance with section
703(e)(2)(A) of the Act, for the 19
companies that chose not to participate
in this investigation, we will direct U.S.
Customs and Border Protection (CBP) to
suspend liquidation of any unliquidated
entries of subject merchandise from
China entered, or withdrawn from
warehouse for consumption, on or after
January 5, 2019, which is 90 days prior
to the date of publication of the
Preliminary Determination in the
Federal Register. For such entries, CBP
shall require a cash deposit equal to the
estimated preliminary subsidy rates
established for these companies in the
Preliminary Determination. This
suspension of liquidation will remain in
effect until further notice.
This determination is issued and
published pursuant to section 777(i) of
the Act.
Dated: May 28, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2019–11589 Filed 6–3–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Meeting of the Civil Nuclear Trade
Advisory Committee
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of Federal Advisory
Committee meeting.
khammond on DSKBBV9HB2PROD with NOTICES
AGENCY:
This notice sets forth the
schedule and proposed agenda for a
SUMMARY:
13 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
VerDate Sep<11>2014
17:16 Jun 03, 2019
Jkt 247001
meeting of the Civil Nuclear Trade
Advisory Committee (CINTAC).
The meeting is scheduled for
Monday, June 24, 2019, from 2:00 p.m.
to 4:00 p.m. Eastern Daylight Time
(EDT). The deadline for members of the
public to register to participate,
including requests to make comments
during the meeting and for auxiliary
aids, or to submit written comments for
dissemination prior to the meeting, is
5:00 p.m. Eastern Daylight Time (EDT)
on Thursday, June 20, 2019.
DATES:
The meeting will be held
via conference call. The call-in number
and passcode will be provided by email
to registrants. Requests to register to
participate (including to speak or for
auxiliary aids) and any written
comments should be submitted to: Mr.
Devin Horne, Office of Energy &
Environmental Industries, International
Trade Administration, Room 28018,
1401 Constitution Ave. NW,
Washington, DC 20230. (Fax: 202–482–
5665; email: devin.horne@trade.gov).
Members of the public are encouraged
to submit registration requests and
written comments via email to ensure
timely receipt.
ADDRESSES:
Mr.
Devin Horne, Office of Energy &
Environmental Industries, International
Trade Administration, Room 28018,
1401 Constitution Ave. NW,
Washington, DC 20230. (Phone: 202–
482–0775; Fax: 202–482–5665; email:
devin.horne@trade.gov).
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
The CINTAC was established under
the discretionary authority of the
Secretary of Commerce and in
accordance with the Federal Advisory
Committee Act (5 U.S.C. App.), in
response to an identified need for
consensus advice from U.S. industry to
the U.S. Government regarding the
development and administration of
programs to expand United States
exports of civil nuclear goods and
services in accordance with applicable
U.S. laws and regulations, including
advice on how U.S. civil nuclear goods
and services export policies, programs,
and activities will affect the U.S. civil
nuclear industry’s competitiveness and
ability to participate in the international
market.
The Department of Commerce
renewed the CINTAC charter on August
10, 2018. This meeting is being
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Fmt 4703
Sfmt 4703
convened under the sixth charter of the
CINTAC.
Topics to be considered: The agenda
for the Monday, June 24, 2019, CINTAC
meeting is as follows: Discussion of
activities related to the U.S. Department
of Commerce’s Civil Nuclear Trade
Initiative.
Members of the public wishing to
attend the meeting must notify Mr.
Devin Horne at the contact information
above by 5:00 p.m. EDT on Thursday,
June 20, 2019 in order to pre-register to
participate. Please specify any requests
for reasonable accommodation at least
five business days in advance of the
meeting. Last minute requests will be
accepted but may not be possible to fill.
A limited amount of time will be
available for brief oral comments from
members of the public attending the
meeting. To accommodate as many
speakers as possible, the time for public
comments will be limited to two (2)
minutes per person, with a total public
comment period of 20 minutes.
Individuals wishing to reserve speaking
time during the meeting must contact
Mr. Horne and submit a brief statement
of the general nature of the comments
and the name and address of the
proposed participant by 5:00 p.m. EDT
on Thursday, June 20, 2019. If the
number of registrants requesting to
make statements is greater than can be
reasonably accommodated during the
meeting, ITA may conduct a lottery to
determine the speakers.
Any member of the public may
submit written comments concerning
the CINTAC’s affairs at any time before
and after the meeting. Comments may
be submitted to the Civil Nuclear Trade
Advisory Committee, Office of Energy &
Environmental Industries, Room 28018,
1401 Constitution Ave. NW,
Washington, DC 20230. For
consideration during the meeting, and
to ensure transmission to the Committee
prior to the meeting, comments must be
received no later than 5:00 p.m. EDT on
Thursday, June 20, 2019. Comments
received after that date will be
distributed to the members but may not
be considered at the meeting.
Copies of CINTAC meeting minutes
will be available within 90 days of the
meeting.
Dated: May 29, 2019.
Devin Horne,
Designated Federal Officer, Office of Energy
and Environmental Industries.
[FR Doc. 2019–11515 Filed 6–3–19; 8:45 am]
BILLING CODE 3510–DR–P
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]]>Agencies
[Federal Register Volume 84, Number 107 (Tuesday, June 4, 2019)]
[Notices]
[Pages 25748-25750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11589]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-094]
Refillable Stainless Steel Kegs From the People's Republic of
China: Preliminary Affirmative Determination, in Part, of Critical
Circumstances in the Countervailing Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable June 4, 2019.
FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski, AD/CVD
Operations, Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone (202) 482-1395.
SUPPLEMENTARY INFORMATION:
Background
On April 5, 2019, the Department of Commerce (Commerce) published
the preliminary determination in the countervailing duty (CVD)
investigation of imports of refillable stainless steel kegs (kegs) from
the People's Republic of China.\1\ On May 2, 2019, the American Keg
Company LLC (petitioner) alleged that critical circumstances exist with
respect to imports of kegs from China, pursuant to sections 703(e) of
the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.206.\2\
---------------------------------------------------------------------------
\1\ See 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)
(Preliminary Determination) and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Letter from the petitioner, ``Refillable Stainless Steel
Kegs from the People's Republic of China: Petitioner's Critical
Circumstances Allegation,'' dated May 2, 2019.
---------------------------------------------------------------------------
In accordance with 19 CFR 351.206(c)(2)(ii), if the petitioner
submits an allegation of critical circumstances later than 20 days
before the scheduled date of the preliminary determination, Commerce
must issue a
[[Page 25749]]
preliminary finding whether there is a reasonable basis to believe or
suspect that critical circumstances exist within 30 days of the
petitioner's allegation.
Section 703(e)(1) of the Act provides that Commerce, upon receipt
of a timely allegation of critical circumstances, will preliminarily
determine that critical circumstances exist in CVD investigations if
there is a reasonable basis to believe or suspect that: (A) ``the
alleged countervailable subsidy'' is inconsistent with the Subsidies
and Countervailing Measures (SCM) Agreement of the World Trade
Organization; and (B) there have been massive imports of the subject
merchandise over a relatively short period. Sections 351.206(h)(2) and
(i) of Commerce's regulations provide that imports must increase by at
least 15 percent during the ``relatively short period'' to be
considered ``massive'' and defines a ``relatively short period'' as
normally being the period beginning on the date the proceeding begins
(i.e., the date the petition is filed) and ending at least three months
later.
Critical Circumstances Analysis
To determine whether an alleged countervailable subsidy is
inconsistent with the SCM Agreement, in accordance with section
703(e)(1)(A) of the Act, Commerce considered the evidence on the record
of this CVD investigation. Specifically, as reflected in the
Preliminary Determination, Commerce found that Ningbo Master
International Trade Co., Ltd. (Ningbo Master), the one participating
mandatory respondent in this investigation, benefitted from the
following export-contingent subsidies: International Market Expansion
Fund and Export Assistance Grants.\3\
---------------------------------------------------------------------------
\3\ See e.g., Memorandum to the File, ``Countervailing Duty
Investigation of Refillable Stainless Steel Kegs from the People's
Republic of China: Preliminary Determination Calculations for Ningbo
Master International Trade Co., Ltd.,'' dated March 29, 2019.
---------------------------------------------------------------------------
In determining whether there are ``massive imports'' over a
``relatively short period,'' pursuant to section 703(e)(1)(B) of the
Act, Commerce normally compares the import volumes of the subject
merchandise for at least three months immediately preceding the filing
of the petition (i.e., the ``base period'') to a comparable period of
at least three months following the filing of the petition (i.e., the
``comparison period'').\4\ Imports will normally be considered massive
when imports during the comparison period have increased by 15 percent
or more compared to imports during the base period.\5\
---------------------------------------------------------------------------
\4\ See Antidumping and Countervailing Duty Investigations of
Certain Softwood Lumber Products from Canada: Preliminary
Determinations of Critical Circumstances, 82 FR 19219 (April 27,
2017) at 19220, unchanged in Certain Softwood Lumber Products from
Canada: Final Affirmative Determination of Sales at Less Than Fair
Value and Affirmative Final Determination of Critical Circumstances,
82 FR 51806 (November 8, 2017) at 51807-08.
\5\ Id.
---------------------------------------------------------------------------
Accordingly, to determine preliminarily whether there has been a
massive surge in imports for Ningbo Master International Trade Co.,
Ltd. (Ningbo Master), the mandatory respondent in this investigation,
which provided shipment data, Commerce compared the total volume of
shipments from October 2018 through April 2019, the comparison period
(i.e., all months for which shipment data was available), with the
preceding seven-month period of March 2018 through September 2018, the
base period. After analyzing the data submitted, we preliminarily
determine imports from Ningbo Master were not massive (i.e., did not
increase by more than 15 percent between the base and comparison
periods) over a relatively short period of time within the context of
19 CFR 351.206(h).\6\
---------------------------------------------------------------------------
\6\ See Memorandum to the File, ``Countervailing Duty
Investigation of Refillable Stainless Steel Kegs from the People's
Republic of China: Preliminary Determination of Critical
Circumstances'' dated concurrently with this notice.
---------------------------------------------------------------------------
As detailed in the Preliminary Determination, Commerce applied an
Adverse Facts Available (AFA) rate for certain companies that did not
act to the best of their ability to respond to Commerce's requests for
information.\7\ Therefore, we preliminarily determine, on the basis of
AFA,\8\ that there has been a massive surge in imports for these 19
companies that chose not to participate in this investigation. Further,
in the Preliminary Determination, we preliminarily determined that all
19 companies benefited from export-contingent countervailable
subsidies, including the ``International Market Expansion Fund'' and
``Export Assistance Grants'' programs.\9\ Therefore, we preliminarily
find that these companies received countervailable subsidies that are
inconsistent with the SCM Agreement, in accordance with section
703(e)(1)(A) of the Act. As such, we preliminarily determine that
critical circumstances exist with respect to these AFA companies only.
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\7\ See PDM at pages 14-17. Specifically, one mandatory
respondent, Penglai Jinfu Stainless Steel Products Co., Ltd., failed
to respond to Commerce's questionnaire, and the following 18
companies failed to respond to Commerce's Quantity and Value
Questionnaire: 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.
\8\ See section 776 of the Act.
\9\ See PDM at pages 15-17 and Appendix.
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To determine whether imports were massive for all other producers/
exporters, Commerce's normal practice is to subtract shipments reported
by the cooperating mandatory respondents from shipment data of subject
merchandise compiled by the ITC.\10\ However, as discussed in the
Initiation Notice \11\ for this investigation, the Harmonized Tariff
Schedule of the United States (HTSUS) numbers under which the subject
merchandise would enter are basket categories containing a wide variety
of manufactured steel products unrelated to kegs. Therefore, consistent
with prior practice, we have preliminarily relied upon the
participating respondent company's data as ``facts available'' in
accordance with section 776(a)(1) of the Act to determine whether
imports from all other producers/exporters were massive.\12\ Based on
the import data submitted by Ningbo Master, we have preliminarily
determined that imports from all other producers/exporters likewise
were not massive.
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\10\ See, e.g., Antidumping Duty Investigation on Refillable
Stainless Steel Kegs from Mexico: Preliminary Affirmative
Determination of Critical Circumstances, 84 FR 18796 (May 2, 2019)
at 18798 (Kegs from Mexico Preliminary Critical Circumstances
Determination).
\11\ See Memorandum to the File, ``Countervailing Duty
Investigation Initiation Checklist: Refillable Stainless Steel Kegs
from the People's Republic of China,'' dated October 10, 2018
(Initiation Checklist); see also Refillable Stainless Steel Kegs
from the Peoples Republic of China: Initiation of Countervailing
Duty Investigation, 83 FR 52192 (October 16, 2018) (Initiation
Notice).
\12\ See, e.g., Kegs from Mexico Preliminary Critical
Circumstances Determination, 84 FR at 18798.
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Final Critical Circumstances Determination
We will issue our final determinations concerning critical
circumstances when we issue our final CVD determination. All interested
parties will have the opportunity to address this determination. Case
briefs, addressing critical circumstances only, may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the publication date of this notice. Rebuttal briefs,
limited to issues raised in these critical circumstances-only case
briefs, may be
[[Page 25750]]
submitted no later than five days after the deadline date for case
briefs.\13\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs for this critical circumstances
finding 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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\13\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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ITC Notification
In accordance with section 703(f) of the Act, we will notify the
ITC of this preliminary determination of critical circumstances.
Suspension of Liquidation
In accordance with section 703(e)(2)(A) of the Act, for the 19
companies that chose not to participate in this investigation, we will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of any unliquidated entries of subject merchandise from China entered,
or withdrawn from warehouse for consumption, on or after January 5,
2019, which is 90 days prior to the date of publication of the
Preliminary Determination in the Federal Register. For such entries,
CBP shall require a cash deposit equal to the estimated preliminary
subsidy rates established for these companies in the Preliminary
Determination. This suspension of liquidation will remain in effect
until further notice.
This determination is issued and published pursuant to section
777(i) of the Act.
Dated: May 28, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-11589 Filed 6-3-19; 8:45 am]
BILLING CODE 3510-DS-P
