Refillable Stainless Steel Kegs From Mexico: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, 42894-42896 [2019-17767]

Download as PDF 42894 Federal Register / Vol. 84, No. 160 / Monday, August 19, 2019 / Notices after January 1, 2017 through December 31, 2017, without regard to countervailing duties because a de minimis subsidy rate was calculated for each company. Cash Deposit Instructions The following cash deposit requirements will be effective upon publication of the notice of final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for the companies listed in these final results will be zero percent; and (2) for all non-reviewed firms, we will instruct CBP to continue to collect cash deposits at the most recent company-specific or all-others rate applicable to the company, as appropriate. These cash deposit requirements, when imposed, shall remain in effect until further notice. Administrative Protective Order (APO) This notice also serves as a reminder to parties subject to APO of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties These final results are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5). Dated: August 12, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. jspears on DSK3GMQ082PROD with NOTICES Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Period of Review V. Subsidies Valuation Information VI. Analysis of Programs VII. Analysis of Comments Comment 1: Whether Commerce Should Adjust Hyundai Steel Company’s (Hyundai Steel) Tax Benefit Calculations to Account for Special Rural Development Taxes (SRDTs) VerDate Sep<11>2014 16:29 Aug 16, 2019 Jkt 247001 Comment 2: Whether Hyundai Green Power is Cross-Owned with Hyundai Steel Comment 3: Whether Hyundai Green Power Supplied Inputs to Hyundai Steel that Were Primarily Dedicated to the Production of the Downstream Product VIII. Recommendation [FR Doc. 2019–17769 Filed 8–16–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–201–849] Refillable Stainless Steel Kegs From Mexico: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) 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. The final estimated dumping margins of sales at LTFV are shown in the ‘‘Final Determination’’ section of this notice. DATES: Applicable August 19, 2019. FOR FURTHER INFORMATION CONTACT: Allison Hollander or Minoo Hatten, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2805 or (202) 482–1690, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On June 4, 2019, Commerce published the Preliminary Determination of this LTFV investigation in which Commerce found that kegs from Mexico were sold at LTFV.1 On May 2, 2019, Commerce published the Preliminary Critical Circumstances Determination in which Commerce found that critical circumstances exist for imports of kegs from Mexico.2 We invited interested 1 See Refillable Stainless Steel Kegs From Mexico: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 84 FR 25738 (June 4, 2019) (Preliminary Determination). 2 See Antidumping Duty Investigation on Refillable Stainless Steel Kegs From Mexico: Preliminary Affirmative Determination of Critical Circumstances, 84 FR 18796 (May 2, 2019) (Preliminary Critical Circumstances Determination). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 parties to comment on both determinations in the Preliminary Determination. We received no comments from interested parties. Scope of the Investigation The products covered by this investigation are refillable stainless steel kegs from Mexico. For a complete description of the scope of this investigation, see the appendix to this notice. Scope Comments On March 29, 2019, we issued a Preliminary Scope Decision Memorandum.3 The scope case briefs were due on May 6, 2019.4 We did not receive scope case briefs from interested parties. Therefore, Commerce has made no changes to the scope of this investigation since the Preliminary Determination. Verification Because the mandatory respondent in this investigation did not provide the information requested, Commerce did not conduct verification.5 Analysis of Comments Received As stated above, we did not receive comments in response to the Preliminary Determination. For the final determination, Commerce has made no changes to the Preliminary Determination. Use of Adverse Facts Available We continue to find, as stated in the Preliminary Determination, that THIELMANN Mexico S.A. de C.V. (THIELMANN), Portinox Mexico S.A. de C.V. (Portinox), and Geodis Wilson Mexico S.A. de C.V. (Geodis Wilson) withheld requested information, failed to provide information by the specified deadlines, and significantly impeded the proceeding, pursuant to section 3 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). 4 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). See 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. 5 See Preliminary Determination, 84 FR at 25740. E:\FR\FM\19AUN1.SGM 19AUN1 Federal Register / Vol. 84, No. 160 / Monday, August 19, 2019 / Notices 776(a) of the Tariff Act of 1930, as amended (the Act).6 Further, we continue to find that THIELMANN, Portinox, and Geodis Wilson failed to cooperate to the best of their abilities to comply with our requests for information, and, accordingly, we continue to apply an adverse inference when selecting from among the facts otherwise available to determine the relevant dumping margins, in accordance with section 776(b) of the Act.7 We further continue to select the only dumping margin alleged in the Petition 8 as the rate applicable to THIELMANN, Portinox, and Geodis Wilson.9 Final Affirmative Determination of Critical Circumstances In accordance with section 733(e) of the Act and 19 CFR 351.206, we preliminarily determined that critical circumstances exist with respect to the mandatory respondent, THIELMANN, and all other companies.10 As stated above, Commerce did not receive any comments in response to the preliminary determination. Thus, for this final determination, we find that, in accordance with section 735(a)(3) of the Act and 19 CFR 351.206, critical circumstances exist for imports of kegs from Mexico exported by THIELMANN and imports of kegs from Mexico produced and/or exported by all other companies. All-Others Rate jspears on DSK3GMQ082PROD with NOTICES As discussed in the Preliminary Determination, we continue to assign the dumping margin alleged in the Petition11 and selected as the dumping margin for the sole mandatory respondent, THIELMANN, as the allothers rate applicable to all exporters 6 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Less-ThanFair-Value Investigation of Refillable Stainless Steel Kegs from Mexico,’’ dated May 28, 2019 (Preliminary Decision Memorandum) at 5–7. 7 Id. 8 See Petitioner’s Letter, ‘‘Petitions for the Imposition of Antidumping Duties on Imports of Refillable Stainless Steel Kegs from Germany, Mexico, and the People’s Republic of China and Countervailing Duties on Imports of Refillable Stainless Steel Kegs from the People’s Republic of China,’’ dated September 20, 2018 (Petition), at 11; see also Petitioner’s Letter, ‘‘Supplement to the Petition for the Imposition of Antidumping Duties on Imports of Refillable Stainless Steel Kegs from Mexico: Response to the Department’s Supplemental Questions,’’ dated October 2, 2018 (Third Supplement to the Petition), at 6. 9 See Preliminary Decision Memorandum at 7. 10 For a full description of the methodology and results of Commerce’s critical circumstances analysis, see Preliminary Critical Circumstances Determination. 11 See Petition at 11; see also Third Supplement to the Petition at 6. VerDate Sep<11>2014 16:29 Aug 16, 2019 Jkt 247001 and/or producers not individually examined.12 Final Determination Commerce determines that the following estimated weighted-average dumping margins exist: Producer/exporter Weightedaverage dumping margin (percent) THIELMANN Mexico S.A. de C.V .......................................... Portinox Mexico S.A. de C.V ...... Geodis Wilson Mexico S.A. de C.V .......................................... All Others .................................... 18.48 18.48 18.48 18.48 Continuation of Suspension of Liquidation For entries made by THIELMANN and all other companies, in accordance with section 735(c)(4)(A) of the Act, because we continue to find that critical circumstances exist with respect to THIELMANN and all other producers and/or exporters, we will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of any unliquidated entries of shipments of subject merchandise which were entered, or withdrawn from warehouse, for consumption on or after March 6, 2019, which is 90 days prior to the publication of the Preliminary Determination. Pursuant to section 735(c)(l) of the Act and 19 CFR 351.210(d), Commerce will instruct CBP to require cash deposits equal to the weighted-average dumping margins indicated in the table above as follows: (1) The cash deposit rate for the respondents listed above will be equal to the company-specific estimated weighted-average dumping margins determined in this final determination; (2) if the exporter is not a respondent identified above, but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted-average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be 18.48 percent, the all-others estimated weighted-average dumping margin. These suspension of liquidation and cash deposit instructions will remain in effect until further notice. Disclosure Normally, Commerce discloses to interested parties the calculations 12 For a full description of the methodology underlying Commerce’s analysis, see Preliminary Decision Memorandum. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 42895 performed in connection with a final determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of the notice of final determination in the Federal Register, in accordance with 19 CFR 351.224(b). However, because Commerce applied adverse facts available (AFA) to the individually examined company THIELMANN, as well as to Portinox and Geodis Wilson, in this investigation, in accordance with section 776 of the Act, and the applied AFA rate is based solely on the Petition, there are no calculations to disclose. International Trade Commission (ITC) Notification In accordance with section 735(d) of the Act, Commerce will notify the ITC of its final affirmative determination of sales at LTFV. Because the final determination in this proceeding is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of kegs from Mexico no later than 45 days after our final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all cash deposits will be refunded. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Administrative Protective Orders (APOs) This notice serves as a reminder to parties subject to 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 or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a violation subject to sanction. Notification to Interested Parties This determination and this notice are issued and published pursuant to sections 735(d) and 777(i)(1) of the Act and 19 CFR 352.210(c). E:\FR\FM\19AUN1.SGM 19AUN1 42896 Federal Register / Vol. 84, No. 160 / Monday, August 19, 2019 / Notices written description of the scope of this investigation is dispositive. Dated: August 12, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2019–17767 Filed 8–16–19; 8:45 am] BILLING CODE 3510–DS–P Appendix DEPARTMENT OF COMMERCE jspears on DSK3GMQ082PROD with NOTICES 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 VerDate Sep<11>2014 16:29 Aug 16, 2019 Jkt 247001 International Trade Administration [C–570–113] Certain Collated Steel Staples From the People’s Republic of China: Postponement of Preliminary Determination in the Countervailing Duty Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable August 19, 2019. FOR FURTHER INFORMATION CONTACT: Bob Palmer or Joshua Simonidis, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–9068 or (202) 482–0608, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Background On June 26, 2019, the Department of Commerce (Commerce) initiated a countervailing duty (CVD) investigation of imports of certain collated steel staples (collated staples) from China.1 Currently, the preliminary determination is due no later than August 30, 2019. Postponement of Preliminary Determination Notification to Interested Parties Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), requires Commerce to issue the preliminary determination in a CVD investigation within 65 days after the date on which Commerce initiated the investigation. However, section 703(c)(1) of the Act permits Commerce to postpone the preliminary determination until no later than 130 days after the date on which Commerce initiated the investigation if: (A) The petitioner 2 makes a timely request for a postponement; or (B) Commerce concludes that the parties concerned are cooperating, that the investigation is extraordinarily complicated, and that additional time is necessary to make a preliminary 1 See Certain Collated Steel Staples from the People’s Republic of China: Initiation of Countervailing Duty Investigation, 84 FR 31840 (July 3, 2019). 2 The petitioner is Kyocera Senco Industrial Tools, Inc. PO 00000 Frm 00009 Fmt 4703 Sfmt 9990 determination. Under 19 CFR 351.205(e), the petitioner must submit a request for postponement 25 days or more before the scheduled date of the preliminary determination and must state the reasons for the request. Commerce will grant the request unless it finds compelling reasons to deny the request. On August 5, 2019, the petitioner submitted a timely request that Commerce postpone the preliminary CVD determination.3 The petitioner stated that it requests postponement ‘‘{d}ue to the number and nature of subsidy programs under investigation and the fact that the full initial questionnaire responses are not due until September 4, five days after the current preliminary determination deadline.’’ 4 In accordance with 19 CFR 351.205(e), the petitioner has stated the reasons for requesting a postponement of the preliminary determination, and Commerce finds no compelling reason to deny the request. Therefore, in accordance with section 703(c)(1)(A) of the Act, Commerce is postponing the deadline for the preliminary determination to no later than 130 days after the date on which this investigation was initiated, i.e., November 4, 2019.5 Pursuant to section 705(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determination of this investigation will continue to be 75 days after the date of the preliminary determination. This notice is issued and published pursuant to section 703(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: August 9, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2019–17537 Filed 8–16–19; 8:45 am] BILLING CODE 3510–DS–P 3 See Petitioner’s Letter, ‘‘Petitioner’s Request to Postpone the Deadline for the Preliminary Determination,’’ dated August 5, 2019. 4 Id. 5 Postponing the preliminary determination to 130 days after initiation would place the deadline on Sunday, November 3, 2019. Commerce’s practice dictates that 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 1930, As Amended, 70 FR 24533 (May 10, 2005). E:\FR\FM\19AUN1.SGM 19AUN1

Agencies

[Federal Register Volume 84, Number 160 (Monday, August 19, 2019)]
[Notices]
[Pages 42894-42896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17767]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-849]


Refillable Stainless Steel Kegs From Mexico: Final Affirmative 
Determination of Sales at Less Than Fair Value and Final Affirmative 
Determination of Critical Circumstances

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

SUMMARY: The Department of Commerce (Commerce) 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. The final estimated dumping margins of sales at LTFV are shown in 
the ``Final Determination'' section of this notice.

DATES: Applicable August 19, 2019.

FOR FURTHER INFORMATION CONTACT: Allison Hollander or Minoo Hatten, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-2805 or (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 4, 2019, Commerce published the Preliminary Determination 
of this LTFV investigation in which Commerce found that kegs from 
Mexico were sold at LTFV.\1\ On May 2, 2019, Commerce published the 
Preliminary Critical Circumstances Determination in which Commerce 
found that critical circumstances exist for imports of kegs from 
Mexico.\2\ We invited interested parties to comment on both 
determinations in the Preliminary Determination. We received no 
comments from interested parties.
---------------------------------------------------------------------------

    \1\ See Refillable Stainless Steel Kegs From Mexico: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 84 FR 
25738 (June 4, 2019) (Preliminary Determination).
    \2\ See Antidumping Duty Investigation on Refillable Stainless 
Steel Kegs From Mexico: Preliminary Affirmative Determination of 
Critical Circumstances, 84 FR 18796 (May 2, 2019) (Preliminary 
Critical Circumstances Determination).
---------------------------------------------------------------------------

Scope of the Investigation

    The products covered by this investigation are refillable stainless 
steel kegs from Mexico. For a complete description of the scope of this 
investigation, see the appendix to this notice.

Scope Comments

    On March 29, 2019, we issued a Preliminary Scope Decision 
Memorandum.\3\ The scope case briefs were due on May 6, 2019.\4\ We did 
not receive scope case briefs from interested parties. Therefore, 
Commerce has made no changes to the scope of this investigation since 
the Preliminary Determination.
---------------------------------------------------------------------------

    \3\ 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).
    \4\ 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). See 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.
---------------------------------------------------------------------------

Verification

    Because the mandatory respondent in this investigation did not 
provide the information requested, Commerce did not conduct 
verification.\5\
---------------------------------------------------------------------------

    \5\ See Preliminary Determination, 84 FR at 25740.
---------------------------------------------------------------------------

Analysis of Comments Received

    As stated above, we did not receive comments in response to the 
Preliminary Determination. For the final determination, Commerce has 
made no changes to the Preliminary Determination.

Use of Adverse Facts Available

    We continue to find, as stated in the Preliminary Determination, 
that THIELMANN Mexico S.A. de C.V. (THIELMANN), Portinox Mexico S.A. de 
C.V. (Portinox), and Geodis Wilson Mexico S.A. de C.V. (Geodis Wilson) 
withheld requested information, failed to provide information by the 
specified deadlines, and significantly impeded the proceeding, pursuant 
to section

[[Page 42895]]

776(a) of the Tariff Act of 1930, as amended (the Act).\6\ Further, we 
continue to find that THIELMANN, Portinox, and Geodis Wilson failed to 
cooperate to the best of their abilities to comply with our requests 
for information, and, accordingly, we continue to apply an adverse 
inference when selecting from among the facts otherwise available to 
determine the relevant dumping margins, in accordance with section 
776(b) of the Act.\7\ We further continue to select the only dumping 
margin alleged in the Petition \8\ as the rate applicable to THIELMANN, 
Portinox, and Geodis Wilson.\9\
---------------------------------------------------------------------------

    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of 
Refillable Stainless Steel Kegs from Mexico,'' dated May 28, 2019 
(Preliminary Decision Memorandum) at 5-7.
    \7\ Id.
    \8\ See Petitioner's Letter, ``Petitions for the Imposition of 
Antidumping Duties on Imports of Refillable Stainless Steel Kegs 
from Germany, Mexico, and the People's Republic of China and 
Countervailing Duties on Imports of Refillable Stainless Steel Kegs 
from the People's Republic of China,'' dated September 20, 2018 
(Petition), at 11; see also Petitioner's Letter, ``Supplement to the 
Petition for the Imposition of Antidumping Duties on Imports of 
Refillable Stainless Steel Kegs from Mexico: Response to the 
Department's Supplemental Questions,'' dated October 2, 2018 (Third 
Supplement to the Petition), at 6.
    \9\ See Preliminary Decision Memorandum at 7.
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Final Affirmative Determination of Critical Circumstances

    In accordance with section 733(e) of the Act and 19 CFR 351.206, we 
preliminarily determined that critical circumstances exist with respect 
to the mandatory respondent, THIELMANN, and all other companies.\10\ As 
stated above, Commerce did not receive any comments in response to the 
preliminary determination. Thus, for this final determination, we find 
that, in accordance with section 735(a)(3) of the Act and 19 CFR 
351.206, critical circumstances exist for imports of kegs from Mexico 
exported by THIELMANN and imports of kegs from Mexico produced and/or 
exported by all other companies.
---------------------------------------------------------------------------

    \10\ For a full description of the methodology and results of 
Commerce's critical circumstances analysis, see Preliminary Critical 
Circumstances Determination.
---------------------------------------------------------------------------

All-Others Rate

    As discussed in the Preliminary Determination, we continue to 
assign the dumping margin alleged in the Petition\11\ and selected as 
the dumping margin for the sole mandatory respondent, THIELMANN, as the 
all-others rate applicable to all exporters and/or producers not 
individually examined.\12\
---------------------------------------------------------------------------

    \11\ See Petition at 11; see also Third Supplement to the 
Petition at 6.
    \12\ For a full description of the methodology underlying 
Commerce's analysis, see Preliminary Decision Memorandum.
---------------------------------------------------------------------------

Final Determination

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

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
THIELMANN Mexico S.A. de C.V................................       18.48
Portinox Mexico S.A. de C.V.................................       18.48
Geodis Wilson Mexico S.A. de C.V............................       18.48
All Others..................................................       18.48
------------------------------------------------------------------------

Continuation of Suspension of Liquidation

    For entries made by THIELMANN and all other companies, in 
accordance with section 735(c)(4)(A) of the Act, because we continue to 
find that critical circumstances exist with respect to THIELMANN and 
all other producers and/or exporters, we will instruct U.S. Customs and 
Border Protection (CBP) to continue to suspend liquidation of any 
unliquidated entries of shipments of subject merchandise which were 
entered, or withdrawn from warehouse, for consumption on or after March 
6, 2019, which is 90 days prior to the publication of the Preliminary 
Determination.
    Pursuant to section 735(c)(l) of the Act and 19 CFR 351.210(d), 
Commerce will instruct CBP to require cash deposits equal to the 
weighted-average dumping margins indicated in the table above as 
follows: (1) The cash deposit rate for the respondents listed above 
will be equal to the company-specific estimated weighted-average 
dumping margins determined in this final determination; (2) if the 
exporter is not a respondent identified above, but the producer is, 
then the cash deposit rate will be equal to the company-specific 
estimated weighted-average dumping margin established for that producer 
of the subject merchandise; and (3) the cash deposit rate for all other 
producers and exporters will be 18.48 percent, the all-others estimated 
weighted-average dumping margin. These suspension of liquidation and 
cash deposit instructions will remain in effect until further notice.

Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with a final determination within five days of 
any public announcement or, if there is no public announcement, within 
five days of the date of publication of the notice of final 
determination in the Federal Register, in accordance with 19 CFR 
351.224(b). However, because Commerce applied adverse facts available 
(AFA) to the individually examined company THIELMANN, as well as to 
Portinox and Geodis Wilson, in this investigation, in accordance with 
section 776 of the Act, and the applied AFA rate is based solely on the 
Petition, there are no calculations to disclose.

International Trade Commission (ITC) Notification

    In accordance with section 735(d) of the Act, Commerce will notify 
the ITC of its final affirmative determination of sales at LTFV. 
Because the final determination in this proceeding is affirmative, in 
accordance with section 735(b)(2) of the Act, the ITC will make its 
final determination as to whether the domestic industry in the United 
States is materially injured, or threatened with material injury, by 
reason of imports of kegs from Mexico no later than 45 days after our 
final determination. If the ITC determines that material injury or 
threat of material injury does not exist, the proceeding will be 
terminated and all cash deposits will be refunded. If the ITC 
determines that such injury does exist, Commerce will issue an 
antidumping duty order directing CBP to assess, upon further 
instruction by Commerce, antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation.

Administrative Protective Orders (APOs)

    This notice serves as a reminder to parties subject to 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 or destruction of APO materials, or 
conversion to judicial protective order, is hereby requested. Failure 
to comply with the regulations and the terms of an APO is a violation 
subject to sanction.

Notification to Interested Parties

    This determination and this notice are issued and published 
pursuant to sections 735(d) and 777(i)(1) of the Act and 19 CFR 
352.210(c).


[[Page 42896]]


    Dated: August 12, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

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.

[FR Doc. 2019-17767 Filed 8-16-19; 8:45 am]
 BILLING CODE 3510-DS-P