Refillable Stainless Steel Kegs From the Federal Republic of Germany and the People's Republic of China: Antidumping Duty Orders, 68405-68407 [2019-27128]
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Federal Register / Vol. 84, No. 241 / Monday, December 16, 2019 / Notices
manufacturers or exporters will
continue to be 5.58 percent, the allothers rate established in the less-thanfair-value investigation.15 These deposit
requirements, when imposed, shall
remain in effect until further notice.
Disclosure and Public Comment
lotter on DSKBCFDHB2PROD with NOTICES
We intend to disclose the calculations
performed for these preliminary results
of review to interested parties within
five days of the date of publication of
this notice in accordance with 19 CFR
351.224(b). Pursuant to 19 CFR
351.309(c), interested parties may
submit case briefs no later than 30 days
after the date of publication of this
notice. Rebuttal briefs, the content of
which is limited to issues raised in the
case briefs, may be filed no later than
five days after the date for filing case
briefs.16 Parties who submit case briefs
or rebuttal briefs in this proceeding 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.17 Case and
rebuttal briefs should be filed using
ACCESS 18 and must be served on
interested parties.19 Executive
summaries should be limited to five
pages total, including footnotes.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
Commerce’s electronic records system,
ACCESS. An electronically filed request
must be received successfully in its
entirety by 5:00 p.m. Eastern Time
within 30 days of the date of publication
of this notice.20 Requests should
contain: (1) The party’s name, address
and telephone number; (2) the number
of participants; and (3) a list of issues
parties intend to discuss. Issues raised
in the hearing will be limited to those
raised in the respective case and
rebuttal briefs. If a request for a hearing
is made, Commerce intends to hold the
hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, at a date
and time to be determined.21 Parties
should confirm the date, time, and
location of the hearing two days before
the scheduled date.
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
15 See
Order.
19 CFR 351.309(d).
17 See 19 CFR 351.309(c)(2) and (d)(2).
18 See generally 19 CFR 351.303.
19 See 19 CFR 351.303(f).
20 See 19 CFR 351.310(c).
21 See 19 CFR 351.310(d).
16 See
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the issues raised in any case or rebuttal
briefs, no later than 120 days after the
date of publication of this notice, unless
extended.22
Notification to Importers
This notice serves as a preliminary
reminder to importers 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 POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: December 10, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No
Shipments
V. Use of Facts Available and Adverse Facts
Available
VI. Rates for Non-Examined Companies
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2019–27043 Filed 12–13–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–428–846, A–570–093]
Refillable Stainless Steel Kegs From
the Federal Republic of Germany and
the People’s Republic of China:
Antidumping Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (Commerce) and the
International Trade Commission (ITC),
Commerce is issuing antidumping duty
orders on refillable stainless steel kegs
from the Federal Republic of Germany
AGENCY:
22 See section 751(a)(3)(A) of the Act; and 19 CFR
351.213(h).
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68405
(Germany) and the People’s Republic of
China (China).
DATES: Applicable December 16, 2019.
FOR FURTHER INFORMATION CONTACT:
Michael A. Romani (Germany) and
Thomas Schauer (China), 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) 482–0189 and (202) 482–0410,
respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(a),
735(d), and 777(i)(1) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.210(c), on October 24, 2019,
Commerce published its affirmative
final determinations in the less-thanfair-value (LTFV) investigations of
refillable stainless steel kegs from
Germany and China, including its
affirmative determination of critical
circumstances with respect to certain
imports of subject merchandise from
China.1 On December 9, 2019, the ITC
notified Commerce of its final
determinations pursuant to section
735(b)(1)(A) of the Act that an industry
in the United States is materially
retarded by reason of the LTFV imports
of refillable stainless steel kegs from
Germany and China, and its
determination that critical
circumstances do not exist with respect
to imports of subject merchandise from
China.2
Scope of the Orders
The merchandise covered by these
orders are refillable stainless steel kegs.
For a complete description of the scope
of the orders, see the appendix to this
notice.
Antidumping Duty Orders
As stated above, on December 9, 2019,
in accordance with sections 735(b)(1)(B)
and 735(d) of the Act, the ITC notified
Commerce of its final determinations in
these investigations, in which it found
that the establishment of an industry in
the United States is materially retarded
within the meaning of section
735(b)(1)(B) by reason of imports of
1 See Refillable Stainless Steel Kegs from
Germany: Final Affirmative Determination of Sales
at Less Than Fair Value, 84 FR 57008 (October 24,
2019); and Refillable Stainless Steel Kegs from the
People’s Republic of China: Final Affirmative
Determination of Sales at Less Than Fair Value and
Final Affirmative Determination of Critical
Circumstances, in Part, 84 FR 57010 (October 24,
2019) (China Final Determination).
2 See Notification Letter from the ITC dated
December 9, 2019.
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Federal Register / Vol. 84, No. 241 / Monday, December 16, 2019 / Notices
refillable stainless steel kegs from
Germany and China, and further found
that critical circumstances do not exist
with respect to imports of subject
merchandise from China that are subject
to Commerce’s affirmative critical
circumstances finding. Therefore, in
accordance with section 735(c)(2) of the
Act, Commerce is issuing these
antidumping duty orders.
Because the ITC determined that the
establishment of an industry in the
United States is materially retarded by
imports of refillable stainless steel kegs
from Germany and China that are sold
at LTFV, and is not accompanied by a
finding that injury would have resulted
but for the imposition of suspension of
liquidation of entries since Commerce’s
Preliminary Determination, section
736(b)(2) of the Act is applicable.
Accordingly, Commerce will instruct
U.S. Customs and Border Protection
(CBP) to assess, upon further instruction
from Commerce, antidumping duties
equal to the amount by which the
normal value of the refillable stainless
steel kegs from Germany or China
exceed the export price (or constructed
export price) of the merchandise for
entries of refillable stainless steel kegs
from Germany or China which are
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the ITC’s final affirmative
determination, under section 735(b) of
the Act.
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Suspension of Liquidation
With respect to Germany, in
accordance with section 735(c)(1)(B) of
the Act, Commerce will instruct CBP to
continue to suspend liquidation of all
appropriate entries of refillable stainless
steel kegs from Germany as described in
the appendix to this notice which are
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the ITC’s notice of final
determination in the Federal Register.
We will also instruct CBP to require, at
the same time as importers would
normally deposit estimated customs
duties on this merchandise, cash
deposits for the subject merchandise
equal to the estimated weighted-average
antidumping margins listed below,
adjusted for the subsidy offset, as
appropriate. The all-others rate applies
to all producers or exporters not
specifically listed.
With respect to China, in accordance
with section 735(c)(1)(B) of the Act,
Commerce will instruct CBP to continue
to suspend liquidation of all entries of
refillable stainless steel kegs from
China, as described in the appendix to
this notice, with the exception of entries
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of subject merchandise that were
produced by Ningbo Major Draft Beer
Equipment Co., Ltd., and exported by
Ningbo Master International Trade Co.,
Ltd. Because we determined the
weighted-average dumping margin for
such entries to be zero, we are excluding
entries of subject merchandise that were
produced by Ningbo Major Draft Beer
Equipment Co., Ltd., and exported by
Ningbo Master International Trade Co.,
Ltd., from the antidumping duty order.
On the basis of the negative Final
Determination 3 for this producer/
exporter combination, we ordered CBP
to discontinue the suspension of
liquidation and to refund all cash
deposits collected for this producer/
exporter combination. Such exclusion
will not be applicable to merchandise
exported to the United States by any
other producer/exporter combinations
or by third-country exporters that
sourced from the excluded producer/
exporter combination(s). Moreover,
consistent with the decision of the Court
of International Trade in Changzhou
Hawd Flooring, we will not exclude
from the antidumping duty order the
separate-rate-eligible non-selected
respondents.4 The China-wide entity
rate applies to all exporter-producer
combinations not specifically listed
below.
In accordance with section 736(b)(2)
of the Act, Commerce will also direct
CBP to release any bond or other
security, and refund any cash deposit
made, to secure the payment of
antidumping duties with respect to
entries of the merchandise entered, or
withdrawn from warehouse, for
consumption before the date of
publication of the ITC’s final affirmative
determination under section 735(b) of
the Act. Further, Commerce will
instruct CBP to terminate the
suspension of liquidation of, and to
liquidate without regard to antidumping
duties, entries of refillable stainless steel
kegs from Germany and China which
are entered, or withdrawn from
warehouse, for consumption prior to the
date of publication of the ITC’s
affirmative determinations under
section 735(b) of the Act.
Provisional Measures and Critical
Circumstances
Section 733(d) of the Act states that
suspension of liquidation pursuant to an
affirmative preliminary determination
may not remain in effect for more than
3 See
China Final Determination.
Changzhou Hawd Flooring Co. v. United
States, 324 F. Supp. 3d 1317 (CIT 2018)
(Changzhou Hawd Flooring).
4 See
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four months, except where exporters
representing a significant proportion of
exports of the subject merchandise
request Commerce to extend that fourmonth period to no more than six
months. At the request of exporters that
account for a significant proportion of
refillable stainless steel kegs from
Germany and China, Commerce
extended the four-month period to six
months.5 In the underlying
investigations, Commerce published the
preliminary determinations on June 4,
2019. Therefore, the extended period,
beginning on the date of publication of
the Preliminary Determination, ended
on November 30, 2019. Furthermore,
section 737(b) of the Act states that
definitive duties are to begin on the date
of publication of the ITC’s final injury
determination.
Because the ITC determined, in
accordance with Section 733(d) of the
Act, that the establishment of an
industry in the United States is
materially retarded within the meaning
of section 735(b)(1)(B) of the Act by
reason of imports of refillable stainless
steel kegs from Germany and China sold
at LTFV, and further found that critical
circumstances do not exist with respect
to imports of subject merchandise from
China pursuant to section 735(c)(3) of
the Act, provisional measures are
inapplicable. Accordingly, Commerce
will instruct CBP to terminate any
retroactive suspension of liquidation,
release any bond or other security, and
refund any cash deposit required to
secure the payment of antidumping
duties with respect to entries of
refillable stainless steel kegs entered, or
withdrawn from warehouse, for
consumption before the date of
publication of the ITC’s final affirmative
determination under section 735(b) of
the Act.
Estimated Weighted-Average Dumping
Margins
The weighted-average antidumping
duty margin percentages and cash
deposit rates are as follows:
Germany
5 See Refillable Stainless Steel Kegs from the
Federal Republic of Germany: Preliminary
Affirmative Determination of Sales at Less Than
Fair Value, and Postponement of Final
Determination, 84 FR 25736, 25737 (June 4, 2019);
and Refillable Stainless Steel Kegs from the People’s
Republic of China: Preliminary Affirmative
Determination of Sales at Less Than Fair Value,
Preliminary Affirmative Determination of Critical
Circumstances, in Part, Postponement of Final
Determination, and Extension of Provisional
Measures, 84 FR 25745, 25747 (June 4, 2019).
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Federal Register / Vol. 84, No. 241 / Monday, December 16, 2019 / Notices
Exporter/producer
Estimated
weighted-average
dumping margin
(percent)
Blefa GmbH .................................................................................................................................................................................
All Others .....................................................................................................................................................................................
7.47
7.47
China
Exporter
Producer
Ningbo Master International Trade Co., Ltd .........
Guangzhou Jingye Machinery Co., Ltd ................
Guangzhou Ulix Industrial & Trading Co., Ltd .....
China-Wide Entity .................................................
Ningbo Major Draft Beer Equipment Co., Ltd ......
Guangzhou Jingye Machinery Co., Ltd ................
Guangzhou Jingye Machinery Co., Ltd ................
...............................................................................
Notification to Interested Parties
This notice constitutes the
antidumping duty order with respect to
refillable stainless steel kegs from
Germany and China pursuant to section
736(a) of the Act. Interested parties can
find a list of antidumping duty orders
currently in effect at https://
enforcement.trade.gov/stats/
iastats1.html.
This order is issued and published in
accordance with section 736(a) of the
Act and 19 CFR 351.211(b).
Dated: December 11, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
Scope of the Orders
The merchandise covered by the orders 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
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Estimated
weighted-average
dumping margin
(percent ad
valorem)
6 Entries of subject merchandise that were
produced by Ningbo Major Draft Beer Equipment
Co., Ltd., and exported by Ningbo Master
International Trade Co., Ltd. are excluded from the
antidumping duty order.
7 This producer/exporter combination is based on
the rate calculated for Ningbo Master International
Trade Co., Ltd.
8 Id.
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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 orders 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 the orders 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 the orders
is dispositive.
[FR Doc. 2019–27128 Filed 12–13–19; 8:45 am]
BILLING CODE 3510–DS–P
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Cash deposit rate
(adjusted for
subsidy offsets)
(percent ad
valorem)
6 0.00
7 0.00
8 0.00
77.13
N/A
0.0
0.0
63.60
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–883]
Certain Hot-Rolled Steel Flat Products
From the Republic of Korea:
Preliminary Results of Antidumping
Duty Administrative Review and
Preliminary Determination of No
Shipments; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that sales of certain hot-rolled steel flat
products (hot-rolled steel) from the
Republic of Korea (Korea) were made at
less than normal value during the
period of review (POR) October 1, 2017
through September 30, 2018. We invite
interested parties to comment on these
preliminary results.
DATES: Applicable December 16, 2019.
FOR FURTHER INFORMATION CONTACT:
Genevieve Coen, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3251.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On December 11, 2018, Commerce
initiated the administrative review of
the antidumping duty order on hotrolled steel from Korea in accordance
with section 751(a) of the Tariff Act of
1930, as amended (the Act).1 This
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
63615 (December 11, 2018).
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]]>Agencies
[Federal Register Volume 84, Number 241 (Monday, December 16, 2019)]
[Notices]
[Pages 68405-68407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27128]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-846, A-570-093]
Refillable Stainless Steel Kegs From the Federal Republic of
Germany and the People's Republic of China: Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC),
Commerce is issuing antidumping duty orders on refillable stainless
steel kegs from the Federal Republic of Germany (Germany) and the
People's Republic of China (China).
DATES: Applicable December 16, 2019.
FOR FURTHER INFORMATION CONTACT: Michael A. Romani (Germany) and Thomas
Schauer (China), 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) 482-0189 and (202) 482-0410, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(a), 735(d), and 777(i)(1) of the
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(c), on
October 24, 2019, Commerce published its affirmative final
determinations in the less-than-fair-value (LTFV) investigations of
refillable stainless steel kegs from Germany and China, including its
affirmative determination of critical circumstances with respect to
certain imports of subject merchandise from China.\1\ On December 9,
2019, the ITC notified Commerce of its final determinations pursuant to
section 735(b)(1)(A) of the Act that an industry in the United States
is materially retarded by reason of the LTFV imports of refillable
stainless steel kegs from Germany and China, and its determination that
critical circumstances do not exist with respect to imports of subject
merchandise from China.\2\
---------------------------------------------------------------------------
\1\ See Refillable Stainless Steel Kegs from Germany: Final
Affirmative Determination of Sales at Less Than Fair Value, 84 FR
57008 (October 24, 2019); and Refillable Stainless Steel Kegs from
the People's Republic of China: Final Affirmative Determination of
Sales at Less Than Fair Value and Final Affirmative Determination of
Critical Circumstances, in Part, 84 FR 57010 (October 24, 2019)
(China Final Determination).
\2\ See Notification Letter from the ITC dated December 9, 2019.
---------------------------------------------------------------------------
Scope of the Orders
The merchandise covered by these orders are refillable stainless
steel kegs. For a complete description of the scope of the orders, see
the appendix to this notice.
Antidumping Duty Orders
As stated above, on December 9, 2019, in accordance with sections
735(b)(1)(B) and 735(d) of the Act, the ITC notified Commerce of its
final determinations in these investigations, in which it found that
the establishment of an industry in the United States is materially
retarded within the meaning of section 735(b)(1)(B) by reason of
imports of
[[Page 68406]]
refillable stainless steel kegs from Germany and China, and further
found that critical circumstances do not exist with respect to imports
of subject merchandise from China that are subject to Commerce's
affirmative critical circumstances finding. Therefore, in accordance
with section 735(c)(2) of the Act, Commerce is issuing these
antidumping duty orders.
Because the ITC determined that the establishment of an industry in
the United States is materially retarded by imports of refillable
stainless steel kegs from Germany and China that are sold at LTFV, and
is not accompanied by a finding that injury would have resulted but for
the imposition of suspension of liquidation of entries since Commerce's
Preliminary Determination, section 736(b)(2) of the Act is applicable.
Accordingly, Commerce will instruct U.S. Customs and Border Protection
(CBP) to assess, upon further instruction from Commerce, antidumping
duties equal to the amount by which the normal value of the refillable
stainless steel kegs from Germany or China exceed the export price (or
constructed export price) of the merchandise for entries of refillable
stainless steel kegs from Germany or China which are entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of the ITC's final affirmative determination, under section
735(b) of the Act.
Suspension of Liquidation
With respect to Germany, in accordance with section 735(c)(1)(B) of
the Act, Commerce will instruct CBP to continue to suspend liquidation
of all appropriate entries of refillable stainless steel kegs from
Germany as described in the appendix to this notice which are entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of the ITC's notice of final determination in the Federal
Register. We will also instruct CBP to require, at the same time as
importers would normally deposit estimated customs duties on this
merchandise, cash deposits for the subject merchandise equal to the
estimated weighted-average antidumping margins listed below, adjusted
for the subsidy offset, as appropriate. The all-others rate applies to
all producers or exporters not specifically listed.
With respect to China, in accordance with section 735(c)(1)(B) of
the Act, Commerce will instruct CBP to continue to suspend liquidation
of all entries of refillable stainless steel kegs from China, as
described in the appendix to this notice, with the exception of entries
of subject merchandise that were produced by Ningbo Major Draft Beer
Equipment Co., Ltd., and exported by Ningbo Master International Trade
Co., Ltd. Because we determined the weighted-average dumping margin for
such entries to be zero, we are excluding entries of subject
merchandise that were produced by Ningbo Major Draft Beer Equipment
Co., Ltd., and exported by Ningbo Master International Trade Co., Ltd.,
from the antidumping duty order. On the basis of the negative Final
Determination \3\ for this producer/exporter combination, we ordered
CBP to discontinue the suspension of liquidation and to refund all cash
deposits collected for this producer/exporter combination. Such
exclusion will not be applicable to merchandise exported to the United
States by any other producer/exporter combinations or by third-country
exporters that sourced from the excluded producer/exporter
combination(s). Moreover, consistent with the decision of the Court of
International Trade in Changzhou Hawd Flooring, we will not exclude
from the antidumping duty order the separate-rate-eligible non-selected
respondents.\4\ The China-wide entity rate applies to all exporter-
producer combinations not specifically listed below.
---------------------------------------------------------------------------
\3\ See China Final Determination.
\4\ See Changzhou Hawd Flooring Co. v. United States, 324 F.
Supp. 3d 1317 (CIT 2018) (Changzhou Hawd Flooring).
---------------------------------------------------------------------------
In accordance with section 736(b)(2) of the Act, Commerce will also
direct CBP to release any bond or other security, and refund any cash
deposit made, to secure the payment of antidumping duties with respect
to entries of the merchandise entered, or withdrawn from warehouse, for
consumption before the date of publication of the ITC's final
affirmative determination under section 735(b) of the Act. Further,
Commerce will instruct CBP to terminate the suspension of liquidation
of, and to liquidate without regard to antidumping duties, entries of
refillable stainless steel kegs from Germany and China which are
entered, or withdrawn from warehouse, for consumption prior to the date
of publication of the ITC's affirmative determinations under section
735(b) of the Act.
Provisional Measures and Critical Circumstances
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
Commerce to extend that four-month period to no more than six months.
At the request of exporters that account for a significant proportion
of refillable stainless steel kegs from Germany and China, Commerce
extended the four-month period to six months.\5\ In the underlying
investigations, Commerce published the preliminary determinations on
June 4, 2019. Therefore, the extended period, beginning on the date of
publication of the Preliminary Determination, ended on November 30,
2019. Furthermore, section 737(b) of the Act states that definitive
duties are to begin on the date of publication of the ITC's final
injury determination.
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\5\ See Refillable Stainless Steel Kegs from the Federal
Republic of Germany: Preliminary Affirmative Determination of Sales
at Less Than Fair Value, and Postponement of Final Determination, 84
FR 25736, 25737 (June 4, 2019); and Refillable Stainless Steel Kegs
from the People's Republic of China: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Preliminary
Affirmative Determination of Critical Circumstances, in Part,
Postponement of Final Determination, and Extension of Provisional
Measures, 84 FR 25745, 25747 (June 4, 2019).
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Because the ITC determined, in accordance with Section 733(d) of
the Act, that the establishment of an industry in the United States is
materially retarded within the meaning of section 735(b)(1)(B) of the
Act by reason of imports of refillable stainless steel kegs from
Germany and China sold at LTFV, and further found that critical
circumstances do not exist with respect to imports of subject
merchandise from China pursuant to section 735(c)(3) of the Act,
provisional measures are inapplicable. Accordingly, Commerce will
instruct CBP to terminate any retroactive suspension of liquidation,
release any bond or other security, and refund any cash deposit
required to secure the payment of antidumping duties with respect to
entries of refillable stainless steel kegs entered, or withdrawn from
warehouse, for consumption before the date of publication of the ITC's
final affirmative determination under section 735(b) of the Act.
Estimated Weighted-Average Dumping Margins
The weighted-average antidumping duty margin percentages and cash
deposit rates are as follows:
Germany
[[Page 68407]]
------------------------------------------------------------------------
Estimated weighted-
Exporter/producer average dumping
margin (percent)
------------------------------------------------------------------------
Blefa GmbH......................................... 7.47
All Others......................................... 7.47
------------------------------------------------------------------------
China
----------------------------------------------------------------------------------------------------------------
Cash deposit rate
Estimated weighted- (adjusted for
Exporter Producer average dumping subsidy offsets)
margin (percent ad (percent ad
valorem) valorem)
----------------------------------------------------------------------------------------------------------------
Ningbo Master International Trade Co., Ltd Ningbo Major Draft Beer \6\ 0.00 N/A
Equipment Co., Ltd.
Guangzhou Jingye Machinery Co., Ltd....... Guangzhou Jingye Machinery \7\ 0.00 0.0
Co., Ltd.
Guangzhou Ulix Industrial & Trading Co., Guangzhou Jingye Machinery \8\ 0.00 0.0
Ltd. Co., Ltd.
China-Wide Entity......................... ............................ 77.13 63.60
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Notification to Interested Parties
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\6\ Entries of subject merchandise that were produced by Ningbo
Major Draft Beer Equipment Co., Ltd., and exported by Ningbo Master
International Trade Co., Ltd. are excluded from the antidumping duty
order.
\7\ This producer/exporter combination is based on the rate
calculated for Ningbo Master International Trade Co., Ltd.
\8\ Id.
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This notice constitutes the antidumping duty order with respect to
refillable stainless steel kegs from Germany and China pursuant to
section 736(a) of the Act. Interested parties can find a list of
antidumping duty orders currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
This order is issued and published in accordance with section
736(a) of the Act and 19 CFR 351.211(b).
Dated: December 11, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Orders
The merchandise covered by the orders 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 orders 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 the orders 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 the orders is
dispositive.
[FR Doc. 2019-27128 Filed 12-13-19; 8:45 am]
BILLING CODE 3510-DS-P
