Refillable Stainless Steel Kegs From the Federal Republic of Germany and the People's Republic of China: Antidumping Duty Orders, 68405-68407 [2019-27128]

Download as PDF 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 VerDate Sep<11>2014 19:21 Dec 13, 2019 Jkt 250001 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). PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 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. E:\FR\FM\16DEN1.SGM 16DEN1 68406 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. lotter on DSKBCFDHB2PROD with NOTICES 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 VerDate Sep<11>2014 19:21 Dec 13, 2019 Jkt 250001 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 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 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). E:\FR\FM\16DEN1.SGM 16DEN1 68407 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 http:// 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 lotter on DSKBCFDHB2PROD with NOTICES 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. VerDate Sep<11>2014 19:21 Dec 13, 2019 Jkt 250001 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 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 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). E:\FR\FM\16DEN1.SGM 16DEN1

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]


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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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------

Notification to Interested Parties
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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 http://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