Refillable Stainless Steel Kegs From the People's Republic of China: Final Affirmative Countervailing Duty Determination and Final Affirmative Determination of Critical Circumstances, in Part, 57005-57008 [2019-23214]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 84, No. 206 / Thursday, October 24, 2019 / Notices and the Farm Service Agency (FSA) are requesting comments from all interested individuals and organizations on a revision and an extension of a currently approved information collection. CCC and FSA use the information to determine whether representatives or survivors of a producer are entitled to receive payments earned by a producer who dies, disappears, or is declared incompetent before receiving payments or other disbursements. DATES: We will consider comments that we receive by December 23, 2019. ADDRESSES: We invite you to submit comments on this notice. In your comments, include date, volume, and page number of this issue of the Federal Register. You may submit comments by any of the following methods: • Federal eRulemaking Portal: Go to http://regulations.gov. Go to http:// www.regulations.gov and search for Docket ID FSA–2019–0013. Follow the online instructions for submitting comments. • Mail: Joe Lewis Jr., Agricultural Program Specialist, USDA, FSA STOP 0572, 1400 Independence Avenue SW, Washington, DC 20250–0572. You may also send comments to the Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20503. Copies of the information collection may be requested by contacting Joe Lewis Jr. at the above address. FOR FURTHER INFORMATION CONTACT: Joe Lewis Jr, (202) 720–0795. SUPPLEMENTARY INFORMATION: Description of Information Collection Title: Application for Payment of Amounts Due Persons Who Have Died, Disappeared, or Have Been Declared Incompetent. OMB Number: 0560–0226. OMB Expiration Date of Approval: 02/ 29/2020. Type of Request: Extension. Abstract: Persons desiring to claim payments earned, but not yet paid to a person who has died, disappeared, or has been declared incompetent must complete form FSA–325, Application for Payment of Amounts Due Persons Who Have Died, Disappeared, or Have Been Declared Incompetent. This information required by form FSA–325 is used by FSA county office employees to document the relationship of heirs, beneficiaries, or others who claim that a payment was earned, but not yet paid to the person who died, disappeared, or who has been declared incompetent, and to determine the share and order of precedence for disbursing payments to such persons. VerDate Sep<11>2014 17:34 Oct 23, 2019 Jkt 250001 Information is obtained only when a person claims that they are due a payment that was earned, but not paid to a producer that has died, disappeared, or has been declared incompetent, and documentation is needed to determine if any individuals are entitled to receive such payments or disbursements. The burden hours decreased by 2,000 hours since the last OMB approval. The reason for the decrease is due to the removal of travel times from the request. The respondents may submit applications by mail and many respondents go to the county offices to do regular and customary business with FSA for other FSA programs and can complete and submit the form FSA–325 during this time; this means no travel time is required specifically for the information collection and therefore, it is no longer included in the burden hour reporting. For the following estimated total annual burden on respondents, the formula used to calculate the total burden hour is the estimated average time per responses multiplied by the estimated total annual responses. Estimate of Annual Burden: Public reporting burden for this collection of information is estimated to average 0.50 hours per response. Type of Respondents: Producers. Estimated Number of Respondents: 2,000. Estimated Annual Number of Responses per Respondent: 1. Estimated Total Annual of Responses: 2,000. Estimated Average Time per Responses: 0.50 hours. Estimated Total Annual Burden on Respondents: 1,000. We are requesting comments on all aspects of this information collection to help us to: (1) Evaluate whether the collection of information is necessary for the proper performance of the functions of FSA, including whether the information will have practical utility; (2) Evaluate the accuracy of FSA’s estimate of burden including the validity of the methodology and assumptions used; (3) Enhance the quality, utility, and clarity of the information to be collected; (4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. All responses to this notice, including names and addresses when provided, PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 57005 will be summarized and included in the request for OMB approval. All comments will also become a matter of public record. Robert Stephenson. Executive Vice President, Commodity Credit Corporation. Richard Fordyce, Administrator, Farm Service Agency. [FR Doc. 2019–23144 Filed 10–23–19; 8:45 am] BILLING CODE 3410–05–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–094] Refillable Stainless Steel Kegs From the People’s Republic of China: Final Affirmative Countervailing Duty Determination and Final Affirmative Determination of Critical Circumstances, in Part Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) determines that countervailable subsidies are being provided to producers and exporters of refillable stainless steel kegs (kegs) from the People’s Republic of China (China). For information on the estimated subsidy rates, see the ‘‘Final Determination’’ section of this notice. DATES: Applicable October 24, 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. AGENCY: Background Commerce published the Preliminary Determination on April 5, 2019.1 A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum.2 The Issues and Decision 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 Memorandum, ‘‘Issues and Decision Memorandum for the Final Determination in the Countervailing Duty Investigation of Refillable E:\FR\FM\24OCN1.SGM Continued 24OCN1 57006 Federal Register / Vol. 84, No. 206 / Thursday, October 24, 2019 / Notices 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 http://access.trade.gov, and is available to all parties in the Central Records Unit, Room B8024 of the main Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/ frn/. The signed Issues and Decision Memorandum and the electronic version are identical in content. Period of Investigation The period of investigation is January 1, 2017 through December 31, 2017. Scope of the Investigation The products covered by this investigation are kegs from China. For a full description of the scope of the investigation, see Appendix I. Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation and the issues raised in the case and rebuttal briefs by parties in this investigation are discussed in the Issues and Decision Memorandum. A list of the issues raised by parties, and to which we responded in the Issues and Decision Memorandum, is attached to this notice at Appendix II. Verification As provided in section 782(i) of the Tariff Act of 1930, as amended (the Act), in April 2019, Commerce verified the subsidy information reported by Ningbo Master International Trade Co., Ltd. (Ningbo Master). We used standard verification procedures, including an examination of relevant accounting and production records, and original source documents provided by Ningbo Master. Use of Adverse Facts Available In making this final determination, Commerce relied, in part, on facts available and, because the Government of China (GOC) and a respondent company did not act to the best of their abilities in responding to Commerce’s requests for information, we drew an adverse inference where appropriate in selecting from among the facts otherwise available, pursuant to section 776(a) and (b) of the Act. For further information, see the section ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ in the accompanying Issues and Decision Memorandum. Changes Since the Preliminary Determination Based on our analysis of our findings at verification and the comments received, we have made certain changes to the subsidy rate calculations. For a discussion of these changes, see the Issues and Decision Memorandum. Final Affirmative Determination of Critical Circumstances, in Part Commerce preliminarily determined that critical circumstances existed with respect to imports of kegs from China for the 19 companies to which we are applying Adverse Facts Available (AFA) because they did not act to the best of their ability to respond to Commerce’s requests for information, but that critical circumstances did not exist for Ningbo Master or from all other producers/ exporters of subject merchandise.3 We invited parties to provide comments on this determination. However, no parties submitted comments regarding our preliminary critical circumstances finding. Therefore, for this final determination, we continue to find that critical circumstances exist with respect to subject merchandise produced or exported by the 19 AFA companies but not with respect to Ningbo Master or to all other producers/exporters. All-Others Rate In accordance with section 705(c)(5)(A)(i) of the Act, for companies not individually examined, we apply an all-others rate, which is normally calculated by weighting the subsidy rates of the mandatory respondents by those companies’ exports of the subject merchandise to the United States. Under section 705(c)(5)(A)(i) of the Act, the allothers rate should exclude zero and de minimis rates or any rates based entirely on facts otherwise available pursuant to section 776 of the Act. In this investigation, Commerce is assigning rates based entirely on AFA for the second mandatory respondent Penglai Jinfu Stainless Steel Products (Penglai Jinfu) and 18 companies that failed to respond to our quantity and value (Q&V) questionnaire.4 Commerce calculated an individual estimated countervailable subsidy rate for Ningbo Master International Trade Co., Ltd. (Ningbo Master) and its cross-owned affiliates Tomorrow Industrial Limited (Tomorrow Industrial), Ningbo Major Draft Beer Equipment Co., Ltd. (Ningbo Major), and Zhejiang Major Technology Co., Ltd. (Major Technology). Because the only individually calculated rate is not zero, de minimis, or based entirely on facts otherwise available, we are assigning the rate calculated for Ningbo Master to all other producers and exporters. Final Determination We determine the countervailable subsidy rates to be: Net subsidy rate (percent) Company khammond on DSKJM1Z7X2PROD with NOTICES 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 ......................................................................................................................... Stainless Steel Kegs from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 See Refillable Stainless Steel Kegs From the People’s Republic of China: Preliminary Affirmative Determination, in Part, of Critical Circumstances in the Countervailing Duty Investigation, 84 FR 25748 (June 4, 2019) (Critical Circumstances Preliminary Determination). VerDate Sep<11>2014 17:34 Oct 23, 2019 Jkt 250001 4 Commerce issued Q&V questionnaires to 20 companies. The 18 companies that did not respond to our Q&V questionnaire are: Equipmentines (Dalian) E-Commerce Co., Ltd.; Jinan HaoLu Machinery Equipment Co., Ltd.; NDL Keg Qingdao Inc.; Ningbo Direct Import & Export Co., Ltd.; Ningbo Hefeng Container Manufacture Co., Ltd.; Ningbo Hefeng Kitchen Utensils Manufacture Co., Ltd.; Ningbo HGM Food Machinery Co., Ltd.; Ningbo Jiangbei Bei Fu Industry and Trade Co., PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 145.23 145.23 145.23 145.23 145.23 145.23 145.23 145.23 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. E:\FR\FM\24OCN1.SGM 24OCN1 57007 Federal Register / Vol. 84, No. 206 / Thursday, October 24, 2019 / Notices Net subsidy rate (percent) Company Ningbo Master International 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 .................................................................................................................................................. Penglai Jinfu Stainless Steel Products ................................................................................................................................................ Qingdao Henka Precision Technology Co., Ltd .................................................................................................................................. Shandong Tiantai Beer Equipment ..................................................................................................................................................... Sino Dragon Trading International ...................................................................................................................................................... Wenzhou Deli Machinery Equipment Co ............................................................................................................................................ Wuxi Taihu Lamps and Lanterns Co., Ltd .......................................................................................................................................... Yantai Trano New Material Co., Ltd .................................................................................................................................................... All Others ............................................................................................................................................................................................. Disclosure We intend to disclose the calculations performed to parties in this proceeding within five days after public announcement of the final determination 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). khammond on DSKJM1Z7X2PROD with NOTICES Suspension of Liquidation As a result of our Preliminary Determination and pursuant to section 703(d) of the Act, we instructed U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of kegs from China, that were entered, or withdrawn from warehouse, for consumption on or after April 5, 2019, the date of the publication of the Preliminary Determination in the Federal Register. Further, as a result of our Critical Circumstances Preliminary Determination, we instructed CBP to suspend liquidation of all entries of kegs from China, that were entered, or withdrawn from warehouse, for consumption on or after January 5, 2019 through April 4, 2019 (90 days prior to the date of the publication of the Preliminary Determination in the Federal Register through the day prior to the date of the publication of the Preliminary Determination) from the 19 AFA companies. In accordance with section 703(d) of the Act, we instructed CBP to discontinue the suspension of liquidation for CVD purposes for subject merchandise entered, or withdrawn from warehouse, on or after August 3, 2019. If the U.S. International Trade Commission (ITC) issues a final affirmative injury determination, we will issue a CVD order and will reinstate the suspension of liquidation under section 706(a) of the Act and will require a cash deposit of estimated CVDs for such entries of subject merchandise in the amounts indicated VerDate Sep<11>2014 17:34 Oct 23, 2019 Jkt 250001 above. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated, and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the ITC of our final affirmative CVD determination. 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 subject merchandise from China no later than 45 days after our final determination. If the ITC determines that such injury does not exist, this proceeding will be terminated, and all securities posted will be refunded or canceled. If the ITC determines that such injury does exist, Commerce will issue a countervailing duty order directing CBP to assess, upon further instruction by Commerce, countervailing 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. Notification Regarding Administrative Protective Order This notice will serve as a reminder to the 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 return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 16.21 145.23 145.23 145.23 145.23 145.23 145.23 145.23 145.23 145.23 145.23 145.23 16.21 with the regulations and terms of an APO is a sanctionable violation. Notification to Interested Parties This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c). Dated: October 17, 2019. Jeffrey I. Kessler, 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 E:\FR\FM\24OCN1.SGM 24OCN1 57008 Federal Register / Vol. 84, No. 206 / Thursday, October 24, 2019 / Notices 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. khammond on DSKJM1Z7X2PROD with NOTICES Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope Comments IV. Final Determination of Critical Circumstances V. Scope of the Investigation VI. Use of Facts Otherwise Available and Adverse Inferences VII. Subsidies Valuation VIII. Analysis of Programs IX. Analysis of Comments Comment 1: Whether to Apply AFA to Find Producers of Stainless Steel Coil to be ‘‘Authorities’’ Comment 2: Whether to Apply AFA to Find the Provision of Stainless Steel Coil to be Specific Comment 3: Whether to Apply AFA to Find the Chinese Stainless Steel Coil Market Distorted Comment 4: Whether to Use Data from the American Metal Market for Calculating Stainless Steel Coil Benchmarks Comment 5: Whether to Include Import Duties in Calculating the Stainless Steel Coil Benchmark Comment 6: Whether Commerce Should Use Coaster Freight Rates from Metal Expert Comment 7: Whether to Apply AFA to the Provision of Electricity for LTAR Comment 8: Whether Commerce Should Include Electricity Purchase from a Private Enterprise in the Benefit Calculation for the Provision of Electricity for LTAR Program Comment 9: Whether Commerce Errored in the Benefit Calculation for the Provision of Electricity for LTAR Program Comment 10: Whether Commerce Properly Determined that the Provision of Policy Loans is Specific VerDate Sep<11>2014 17:34 Oct 23, 2019 Jkt 250001 X. Recommendation [FR Doc. 2019–23214 Filed 10–23–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–428–846] Refillable Stainless Steel Kegs From Germany: Final Affirmative Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) 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. The final estimated dumping margins of sales at LTFV are shown in the ‘‘Final Determination’’ section of this notice. DATES: Applicable October 24, 2019. FOR FURTHER INFORMATION CONTACT: Micahel Romani, 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) 482–0198. SUPPLEMENTARY INFORMATION: AGENCY: Background On June 4, 2019, Commerce published the Preliminary Determination of this LTFV investigation in which Commerce found that kegs from Germany were sold at LTFV.1 A complete summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum.2 The Issues and Decision Memorandum is a public document and is available electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty 1 See Refillable Stainless Steel Kegs from Germany: Preliminary Affirmative Determination of Sales at Less Than Fair Value, and Postponement of Final Determination, 84 FR 25736 (June 4, 2019) (Preliminary Determination). 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final 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 (Issues and Decision Memorandum). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov, and is available to all parties in the Central Records Unit, Room B–8024 of the main Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed at http:// enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version are identical in content. 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 On March 29, 2019, we issued a Preliminary Scope Decision Memorandum.3 The scope case briefs were due on May 6, 2019, 30 days after the publication of Kegs from China Preliminary CVD Determination.4 We did not receive scope briefs from interested parties. Therefore, Commerce has made no changes to the scope of this investigation since the Preliminary Determination. Verification As provided in section 782(i) of the Tariff Act of 1930, as amended (the Act), Commerce verified the sales and cost data reported by Blefa GmbH (Blefa) for use in our final determination. We used standard verification procedures, including an examination of relevant accounting and production records, and original source documents provided by the respondent. Analysis of Comments Received All issues raised in the case briefs and rebuttal briefs submitted by interested 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) (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. E:\FR\FM\24OCN1.SGM 24OCN1

Agencies

[Federal Register Volume 84, Number 206 (Thursday, October 24, 2019)]
[Notices]
[Pages 57005-57008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23214]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-094]


Refillable Stainless Steel Kegs From the People's Republic of 
China: Final Affirmative Countervailing Duty Determination and Final 
Affirmative Determination of Critical Circumstances, in Part

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

SUMMARY: The Department of Commerce (the Department) determines that 
countervailable subsidies are being provided to producers and exporters 
of refillable stainless steel kegs (kegs) from the People's Republic of 
China (China). For information on the estimated subsidy rates, see the 
``Final Determination'' section of this notice.

DATES: Applicable October 24, 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.

Background

    Commerce published the Preliminary Determination on April 5, 
2019.\1\ A summary of the events that occurred since Commerce published 
the Preliminary Determination, as well as a full discussion of the 
issues raised by parties for this final determination, may be found in 
the Issues and Decision Memorandum.\2\ The Issues and Decision

[[Page 57006]]

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 http://access.trade.gov, and is available to all 
parties in the Central Records Unit, Room B8024 of the main Commerce 
building. In addition, a complete version of the Issues and Decision 
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic 
version are identical in content.
---------------------------------------------------------------------------

    \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 Memorandum, ``Issues and Decision Memorandum for the 
Final Determination in the Countervailing Duty Investigation of 
Refillable Stainless Steel Kegs from the People's Republic of 
China,'' dated concurrently with, and hereby adopted by, this notice 
(Issues and Decision Memorandum).
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Period of Investigation

    The period of investigation is January 1, 2017 through December 31, 
2017.

Scope of the Investigation

    The products covered by this investigation are kegs from China. For 
a full description of the scope of the investigation, see Appendix I.

Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation and the issues raised in 
the case and rebuttal briefs by parties in this investigation are 
discussed in the Issues and Decision Memorandum. A list of the issues 
raised by parties, and to which we responded in the Issues and Decision 
Memorandum, is attached to this notice at Appendix II.

Verification

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(the Act), in April 2019, Commerce verified the subsidy information 
reported by Ningbo Master International Trade Co., Ltd. (Ningbo 
Master). We used standard verification procedures, including an 
examination of relevant accounting and production records, and original 
source documents provided by Ningbo Master.

Use of Adverse Facts Available

    In making this final determination, Commerce relied, in part, on 
facts available and, because the Government of China (GOC) and a 
respondent company did not act to the best of their abilities in 
responding to Commerce's requests for information, we drew an adverse 
inference where appropriate in selecting from among the facts otherwise 
available, pursuant to section 776(a) and (b) of the Act. For further 
information, see the section ``Use of Facts Otherwise Available and 
Adverse Inferences'' in the accompanying Issues and Decision 
Memorandum.

Changes Since the Preliminary Determination

    Based on our analysis of our findings at verification and the 
comments received, we have made certain changes to the subsidy rate 
calculations. For a discussion of these changes, see the Issues and 
Decision Memorandum.

Final Affirmative Determination of Critical Circumstances, in Part

    Commerce preliminarily determined that critical circumstances 
existed with respect to imports of kegs from China for the 19 companies 
to which we are applying Adverse Facts Available (AFA) because they did 
not act to the best of their ability to respond to Commerce's requests 
for information, but that critical circumstances did not exist for 
Ningbo Master or from all other producers/exporters of subject 
merchandise.\3\ We invited parties to provide comments on this 
determination. However, no parties submitted comments regarding our 
preliminary critical circumstances finding. Therefore, for this final 
determination, we continue to find that critical circumstances exist 
with respect to subject merchandise produced or exported by the 19 AFA 
companies but not with respect to Ningbo Master or to all other 
producers/exporters.
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    \3\ See Refillable Stainless Steel Kegs From the People's 
Republic of China: Preliminary Affirmative Determination, in Part, 
of Critical Circumstances in the Countervailing Duty Investigation, 
84 FR 25748 (June 4, 2019) (Critical Circumstances Preliminary 
Determination).
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All-Others Rate

    In accordance with section 705(c)(5)(A)(i) of the Act, for 
companies not individually examined, we apply an all-others rate, which 
is normally calculated by weighting the subsidy rates of the mandatory 
respondents by those companies' exports of the subject merchandise to 
the United States. Under section 705(c)(5)(A)(i) of the Act, the all-
others rate should exclude zero and de minimis rates or any rates based 
entirely on facts otherwise available pursuant to section 776 of the 
Act.
    In this investigation, Commerce is assigning rates based entirely 
on AFA for the second mandatory respondent Penglai Jinfu Stainless 
Steel Products (Penglai Jinfu) and 18 companies that failed to respond 
to our quantity and value (Q&V) questionnaire.\4\ Commerce calculated 
an individual estimated countervailable subsidy rate for Ningbo Master 
International Trade Co., Ltd. (Ningbo Master) and its cross-owned 
affiliates Tomorrow Industrial Limited (Tomorrow Industrial), Ningbo 
Major Draft Beer Equipment Co., Ltd. (Ningbo Major), and Zhejiang Major 
Technology Co., Ltd. (Major Technology). Because the only individually 
calculated rate is not zero, de minimis, or based entirely on facts 
otherwise available, we are assigning the rate calculated for Ningbo 
Master to all other producers and exporters.
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    \4\ Commerce issued Q&V questionnaires to 20 companies. The 18 
companies that did not respond to our Q&V questionnaire are: 
Equipmentines (Dalian) E[hyphen]Commerce Co., Ltd.; Jinan HaoLu 
Machinery Equipment Co., Ltd.; NDL Keg Qingdao Inc.; Ningbo Direct 
Import & Export Co., Ltd.; Ningbo Hefeng Container Manufacture Co., 
Ltd.; Ningbo Hefeng Kitchen Utensils Manufacture Co., Ltd.; Ningbo 
HGM Food Machinery Co., Ltd.; Ningbo Jiangbei Bei Fu Industry and 
Trade Co., Ltd.; Ningbo Sanfino Import & Export Co., Ltd.; Ningbo 
Shimaotong International Co., Ltd.; Ningbo Sunburst International 
Trading Co., Ltd.; Orient Equipment (Taizhou) Co., Ltd.; Qingdao 
Henka Precision Technology Co., Ltd.; Shandong Tiantai Beer 
Equipment; Sino Dragon Trading International; Wenzhou Deli Machinery 
Equipment Co.; Wuxi Taihu Lamps and Lanterns Co., Ltd.; and Yantai 
Trano New Material Co., Ltd.
---------------------------------------------------------------------------

Final Determination

    We determine the countervailable subsidy rates to be:

------------------------------------------------------------------------
                                                            Net subsidy
                         Company                               rate
                                                             (percent)
------------------------------------------------------------------------
Equipmentines (Dalian) E[hyphen]Commerce Co., Ltd.......          145.23
Jinan HaoLu Machinery Equipment Co., Ltd................          145.23
NDL Keg Qingdao Inc.....................................          145.23
Ningbo Direct Import & Export Co., Ltd..................          145.23
Ningbo Hefeng Container Manufacture Co., Ltd............          145.23
Ningbo Hefeng Kitchen Utensils Manufacture Co., Ltd.....          145.23
Ningbo HGM Food Machinery Co., Ltd......................          145.23
Ningbo Jiangbei Bei Fu Industry and Trade Co., Ltd......          145.23

[[Page 57007]]

 
Ningbo Master International Trade Co., Ltd..............           16.21
Ningbo Sanfino Import & Export Co., Ltd.................          145.23
Ningbo Shimaotong International Co., Ltd................          145.23
Ningbo Sunburst International Trading Co., Ltd..........          145.23
Orient Equipment (Taizhou) Co., Ltd.....................          145.23
Penglai Jinfu Stainless Steel Products..................          145.23
Qingdao Henka Precision Technology Co., Ltd.............          145.23
Shandong Tiantai Beer Equipment.........................          145.23
Sino Dragon Trading International.......................          145.23
Wenzhou Deli Machinery Equipment Co.....................          145.23
Wuxi Taihu Lamps and Lanterns Co., Ltd..................          145.23
Yantai Trano New Material Co., Ltd......................          145.23
All Others..............................................           16.21
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed to parties in this 
proceeding within five days after public announcement of the final 
determination 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).

Suspension of Liquidation

    As a result of our Preliminary Determination and pursuant to 
section 703(d) of the Act, we instructed U.S. Customs and Border 
Protection (CBP) to suspend liquidation of all entries of kegs from 
China, that were entered, or withdrawn from warehouse, for consumption 
on or after April 5, 2019, the date of the publication of the 
Preliminary Determination in the Federal Register. Further, as a result 
of our Critical Circumstances Preliminary Determination, we instructed 
CBP to suspend liquidation of all entries of kegs from China, that were 
entered, or withdrawn from warehouse, for consumption on or after 
January 5, 2019 through April 4, 2019 (90 days prior to the date of the 
publication of the Preliminary Determination in the Federal Register 
through the day prior to the date of the publication of the Preliminary 
Determination) from the 19 AFA companies. In accordance with section 
703(d) of the Act, we instructed CBP to discontinue the suspension of 
liquidation for CVD purposes for subject merchandise entered, or 
withdrawn from warehouse, on or after August 3, 2019. If the U.S. 
International Trade Commission (ITC) issues a final affirmative injury 
determination, we will issue a CVD order and will reinstate the 
suspension of liquidation under section 706(a) of the Act and will 
require a cash deposit of estimated CVDs for such entries of subject 
merchandise in the amounts indicated above. If the ITC determines that 
material injury, or threat of material injury, does not exist, this 
proceeding will be terminated, and all estimated duties deposited or 
securities posted as a result of the suspension of liquidation will be 
refunded or canceled.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
ITC of our final affirmative CVD determination. 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 
subject merchandise from China no later than 45 days after our final 
determination. If the ITC determines that such injury does not exist, 
this proceeding will be terminated, and all securities posted will be 
refunded or canceled. If the ITC determines that such injury does 
exist, Commerce will issue a countervailing duty order directing CBP to 
assess, upon further instruction by Commerce, countervailing 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.

Notification Regarding Administrative Protective Order

    This notice will serve as a reminder to the 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 return or 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.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c).

    Dated: October 17, 2019.
Jeffrey I. Kessler,
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

[[Page 57008]]

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 Issues and Decision Memorandum

I. Summary
II. Background
III. Scope Comments
IV. Final Determination of Critical Circumstances
V. Scope of the Investigation
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Subsidies Valuation
VIII. Analysis of Programs
IX. Analysis of Comments
    Comment 1: Whether to Apply AFA to Find Producers of Stainless 
Steel Coil to be ``Authorities''
    Comment 2: Whether to Apply AFA to Find the Provision of 
Stainless Steel Coil to be Specific
    Comment 3: Whether to Apply AFA to Find the Chinese Stainless 
Steel Coil Market Distorted
    Comment 4: Whether to Use Data from the American Metal Market 
for Calculating Stainless Steel Coil Benchmarks
    Comment 5: Whether to Include Import Duties in Calculating the 
Stainless Steel Coil Benchmark
    Comment 6: Whether Commerce Should Use Coaster Freight Rates 
from Metal Expert
    Comment 7: Whether to Apply AFA to the Provision of Electricity 
for LTAR
    Comment 8: Whether Commerce Should Include Electricity Purchase 
from a Private Enterprise in the Benefit Calculation for the 
Provision of Electricity for LTAR Program
    Comment 9: Whether Commerce Errored in the Benefit Calculation 
for the Provision of Electricity for LTAR Program
    Comment 10: Whether Commerce Properly Determined that the 
Provision of Policy Loans is Specific
X. Recommendation

[FR Doc. 2019-23214 Filed 10-23-19; 8:45 am]
 BILLING CODE 3510-DS-P