Refillable Stainless Steel Kegs From the Federal Republic of Germany: Initiation and Preliminary Results of Changed Circumstances Review and Intent To Revoke Order, 27717-27719 [2020-10025]
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Federal Register / Vol. 85, No. 91 / Monday, May 11, 2020 / Notices
request for an administrative review of
its exports of subject merchandise.4 On
April 24, 2020, Commerce tolled all
deadlines in administrative reviews by
50 days, thereby extending the deadline
for these results until September 21,
2020.5
Rescission of Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the party or parties that
requested a review withdraws the
request within 90 days of the
publication date of the notice of
initiation of the requested review.
Sunrise Group timely submitted a
request to withdraw its request for
administrative review. No other parties
requested an administrative review of
the order. Therefore, in accordance 19
CFR 351.213(d)(1), we are rescinding
this review, in its entirety.
Assessment
Commerce will instruct U.S. Customs
and Border Protection (CBP) to assess
countervailing duties on all appropriate
entries of WSPP from India.
Countervailing duties shall be assessed
at rates equal to the cash deposit of
estimated countervailing duties required
at the time of entry, or withdrawal from
warehouse, for consumption in
accordance with 19 CFR
351.212(c)(1)(i). Commerce intends to
issue appropriate assessment
instructions to CBP 15 days after the
date of publication of this notice in the
Federal Register.
Notification Regarding Administrative
Protective Orders
This notice also serves as a reminder
to all 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. Timely written
notification of the return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
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Notification to Interested Parties
This notice is issued and published in
accordance with sections 751(a) and
4 See Sunrise Group’s Letter, ‘‘Welded Stainless
Pressure Pipes from India: Withdrawal Request for
Countervailing Duty Administrative Review,’’ dated
February 12, 2020.
5 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews in Response to Operational
Adjustments Due to COVID–19,’’ dated April 24,
2020.
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Jkt 250001
777(i)(1) of the Act, and 19 CFR
351.213(d)(4).
Dated: May 4, 2020.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2020–09981 Filed 5–8–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–428–846]
Refillable Stainless Steel Kegs From
the Federal Republic of Germany:
Initiation and Preliminary Results of
Changed Circumstances Review and
Intent To Revoke Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is initiating a changed
circumstances review (CCR) of the
antidumping duty (AD) order on
refillable stainless steel kegs (kegs) from
the Federal Republic of Germany
(Germany) based upon a request from
American Keg Company (the petitioner),
as well as issuing preliminary results in
that CCR. We preliminarily determine
that the AD order on kegs from Germany
should be revoked, in whole, with
respect to products subject to the order
entered, or withdrawn from warehouse,
for consumption on or after December
13, 2019. Interested parties are invited
to comment on these preliminary
results.
AGENCY:
DATES:
Applicable May 11, 2020.
FOR FURTHER INFORMATION CONTACT:
Allison Hollander, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Ave. NW, Washington, DC
20230; telephone: (202) 482–2805.
SUPPLEMENTARY INFORMATION:
Background
On December 16, 2019, Commerce
published the AD Order.1 On January
30, 2020, the petitioner requested that
Commerce conduct an expedited CCR
for this AD Order, pursuant to section
751(b) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.216
(b). The petitioner expressed a lack of
interest in the continuation of this AD
Order and requested the revocation of
1 See Refillable Stainless Steel Kegs from the
Federal Republic of Germany and the People’s
Republic of China: Antidumping Duty Orders, 84
FR 68405 (December 16, 2019) (AD Order).
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27717
the AD Order. In its request, the
petitioner addressed the conditions
under which Commerce may revoke an
order in whole or in part pursuant to 19
CFR 351.222(g). On March 12, 2020,
Commerce extended the deadline for
initiation to April 29, 2020, and issued
supplemental questions to the
petitioner.2 On March 19, 2020, the
petitioner responded to Commerce’s
supplemental questions.3
Scope of the AD Order
The merchandise covered by the order
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 order
if performed in the country of
manufacture of the in-scope refillable
stainless steel keg.
2 See Commerce’s Letter, ‘‘Request for a Changed
Circumstances Review of the Antidumping Duty
Order on Refillable Stainless Steel Kegs from the
Federal Republic of Germany: Extension of
Initiation Deadline,’’ dated March 12, 2020.
3 See Petitioner’s Letter, ‘‘Refillable Stainless
Steel Kegs from the Federal Republic of Germany:
Response to Extension of Initiation Deadline,’’
dated March 19, 2020.
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Federal Register / Vol. 85, No. 91 / Monday, May 11, 2020 / Notices
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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 Act.
The merchandise covered by the order
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 order is dispositive.
Initiation of Changed Circumstances
Review
Section 751(d)(1) of the Act and 19
CFR 351.222(g)(1)(i) provide that
Commerce may revoke an order (in
whole or in part) if it determines that
producers accounting for substantially
all of the production of the domestic
like product have no further interest in
the order, in whole or in part.4 Further,
19 CFR 351.222(g)(2) provides that
Commerce will conduct a CCR under 19
CFR 351.216, and may revoke an order,
in whole or in part, if it determines that
revocation is warranted.
Under 19 CFR 351.216(c), Commerce
will not review a final determination of
an investigation less than 24 months
after the date of publication of notice of
the final determination unless it finds
that good cause exists. However, 19 CFR
351.216(d) provides that if Commerce
determines that good cause exists and
the changed circumstances are sufficient
to warrant a review exist, it will conduct
a CCR, in accordance with 19 CFR
351.221.
Based on record information,
Commerce has determined that,
pursuant to 19 CFR 351.216(c), good
cause exists to conduct a CCR. The
petitioner, the sole American
manufacturer of kegs, announced on
January 15, 2020 that the German
producer and sole respondent in the
underlying investigation, Blefa Kegs,
Inc. (Blefa), acquired a major stake in
4 See
section 782(h) of the Act.
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17:05 May 08, 2020
Jkt 250001
the American Keg Company. As part of
this investment, Blefa committed
substantial resources to expanding the
petitioner’s domestic operations by
tripling production within three years,
which will allow the petitioner to at
least double its domestic employment
during that time. As a result of this
change in ownership, because the
petitioner is the only American
manufacturer of the domestic
merchandise at issue, the total amount
of American production will increase
and the commercial situation of the
American Keg Company will improve.
We therefore find that the petitioner’s
affirmative statement of no interest in
the AD Order, coupled with the
circumstances described above,
constitute good cause for the conduct of
this review.5
Both the Act and Commerce’s
regulations require that ‘‘substantially
all’’ domestic producers express a lack
of interest in the AD Order for
Commerce to revoke the AD Order.6
Commerce has interpreted
‘‘substantially all’’ to represent
producers accounting for at least 85
percent of U.S. production of the
domestic like product.7 The petitioner’s
request indicated that it is the sole
producer of the domestic like product
and, therefore, accounts for at least 85
percent of domestic production.
In accordance with section 751(b)(1)
of the Act, 19 CFR 351.216, 19 CFR
351.221, and 351.222(g), we are
initiating this CCR.
Preliminary Results of Changed
Circumstances Review
If we conclude that expedited action
is warranted, we may concurrently
publish the notices of initiation and
preliminary results of a CCR.8
Commerce has combined the notice of
initiation and preliminary results in
CCRs when sufficient documentation
has been provided supporting the
5 See 19 CFR 351.216(d); see also Carbon and
Certain Alloy Steel Wire Rod from Canada:
Initiation of Countervailing Duty Changed
Circumstances Review, 68 FR 62282, 62283–84
(November 3, 2003) (that ‘‘no further interest . . .
in continuing the order . . . serves as good cause’’
sufficient to review a determination made less than
24 months after the date of publication an order).
6 See section 782(h) of the Act; 19 CFR 351.222(g).
7 See, e.g., Certain Cased Pencils from the
People’s Republic of China: Initiation and
Preliminary Results of Antidumping Duty Changed
Circumstances Review, and Intent to Revoke Order
in Part, 77 FR 42276 (July 18, 2012), unchanged in
Certain Cased Pencils from the People’s Republic of
China: Final Results of Antidumping Duty Changed
Circumstances Review, and Determination To
Revoke Order, in Part, 77 FR 53176 (August 31,
2012).
8 See 19 CFR 351.221(c)(3)(ii).
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request to make a preliminary
determination.9
In this instance, we have determined
that there is significant information on
the record to support a finding of
changed circumstances. Indeed, the
petitioner has provided us, we believe,
with sufficient information to have a
clear understanding of the change in the
commercial situation of the American
Keg Company, as well as its revised
relationship with imports of subject
merchandise from Germany (and Blefa,
in particular). Accordingly, we find that
expedited action is warranted and we
are combining the notice of initiation
and the notice of preliminary results, in
accordance with 19 CFR
351.221(c)(3)(ii).
In accordance with 19 CFR
351.222(g), Commerce preliminarily
determines that there is a reasonable
basis to believe that changed
circumstances exist sufficient to warrant
revocation of the AD Order. Therefore,
Commerce is notifying the public of its
preliminary intent to revoke the AD
Order in whole.
If we make a final determination to
revoke, we will instruct U.S. Customs
and Border Protection (CBP) to
discontinue the suspension of
liquidation and the collection of cash
deposits of estimated AD duties, to
liquidate all unliquidated entries that
were entered on or after December 13,
2019, without regard to AD duties, and
to refund all AD cash deposits on all
such merchandise, with applicable
interest. Because the International Trade
Commission (ITC) found material
retardation of the establishment of an
industry in the United States, as
opposed to finding material injury,
Commerce instructed CBP in
accordance with section 736(b)(2) of the
Act to terminate any retroactive
suspension of liquidation and refund
any cash deposits required to secure the
payment of AD duties with respect to
entries of kegs entered, or withdrawn
from warehouse, for consumption before
the date of publication of the ITC’s final
affirmative determination, i.e.,
December 13, 2019. We therefore intend
to revoke the AD Order retroactively as
of that date, should we determine in the
final CCR that revocation is warranted.
9 See, e.g., Multilayered Wood Flooring from the
People’s Republic of China: Initiation and
Preliminary Results of Antidumping and
Countervailing Duty Changed Circumstances
Reviews, 82 FR 9561 (February 7, 2017), unchanged
in Multilayered Wood Flooring from the People’s
Republic of China: Final Results of Changed
Circumstances Reviews, 82 FR 14691 (March 22,
2017).
E:\FR\FM\11MYN1.SGM
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Federal Register / Vol. 85, No. 91 / Monday, May 11, 2020 / Notices
Public Comment
DEPARTMENT OF COMMERCE
Any interested party may request a
hearing within 14 days of publication of
this notice, in accordance with 19 CFR
351.310(c). Interested parties may
submit case briefs not later than 14 days
after the date of publication of this
notice.10 Rebuttal comments, limited to
issues raised in the case briefs, may be
filed by no later than three days after the
deadline for filing case briefs.11 Any
hearing, if requested, will normally be
held two days after rebuttal briefs/
comments are due, in accordance with
19 CFR 351.310(d)(1). Issues raised in
the hearing will be limited to those
raised in the respective case and
rebuttal briefs.12 Parties who submit
case or rebuttal briefs in this CCR are
requested to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.13 Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until May 19,
2020, unless extended.14
Unless extended, consistent with 19
CFR 351.216(e), we intend to issue the
final results of this CCR no later than
270 days after the date on which this
review was initiated, or within 45 days
of publication of these preliminary
results if all parties agree to our
preliminary findings.
National Oceanic and Atmospheric
Administration
Notification to Interested Parties
We are issuing and publishing this
initiation and preliminary results notice
in accordance with sections 751(b) and
777(i) of the Act, and 19 CFR 351.216,
351.221(b)(1), (b)(4), and (c)(3), and
351.222(f)(2)(iv).
Dated: April 28, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2020–10025 Filed 5–8–20; 8:45 am]
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BILLING CODE 3510–DS–P
10 See
19 CFR 321.309(c)(1)(ii).
19 CFR 351.309(d)(1).
12 See 19 CFR 351.310(c).
13 See 19 CFR 351.309(c)(2) and (d)(2).
14 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19, 85 FR
17006 (March 26, 2020).
11 See
VerDate Sep<11>2014
17:05 May 08, 2020
Jkt 250001
[RTID 0648–XA089]
Draft Supplemental Programmatic
Environmental Assessment for
Fisheries Research Conducted and
Funded by the Southwest Fisheries
Science Center
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability of a Draft
Supplemental Programmatic
Environmental Assessment; request for
comments.
AGENCY:
NMFS announces the
availability of the ‘‘Draft Supplemental
Programmatic Environmental
Assessment (SPEA) for Fisheries
Research Conducted and Funded by the
Southwest Fisheries Science Center.’’
Publication of this notice begins the
official public comment period for this
SPEA. The purpose of this Draft SPEA
is to evaluate potential direct, indirect,
and cumulative effects of unforeseen
changes in research that were not
analyzed in the 2015 SWFSC
Programmatic Environmental
Assessment (PEA), or new research
activities along the U.S. West Coast,
throughout the Eastern Tropical Pacific
Ocean, and in the Scotia Sea area off
Antarctica. Where necessary, updates to
certain information on species, stock
status or other components of the
affected environment that may result in
different conclusions from the 2015 PEA
are presented in this analysis.
DATES: Comments and information must
be received no later than June 10, 2020.
ADDRESSES: Comments on the Draft
SPEA should be addressed to Elise
Kohli, Environmental Compliance
Specialist, 8901 La Jolla Shores Drive,
La Jolla, CA 92307. The mailbox address
for providing email comments is:
nmfs.swfsc.spea@noaa.gov. NMFS is not
responsible for email comments sent to
addresses other than the one provided
here. Comments sent via email,
including all attachments, must not
exceed a 10-megabyte file size. A copy
of the Draft SPEA may be obtained by
writing to the address specified above,
telephoning the contact listed below
(see FOR FURTHER INFORMATION CONTACT),
or visiting the internet at:
fisheries.noaa.gov. Documents cited in
this notice may also be viewed, by
appointment, during regular business
hours at the aforementioned address.
SUMMARY:
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27719
FOR FURTHER INFORMATION CONTACT:
Elise Kohli, email: Elise.Kohli@
noaa.gov, phone: (858) 334–2863.
SUPPLEMENTARY INFORMATION: The
SWFSC is the research arm of NMFS in
the Southwest Region. The purpose of
SWFSC fisheries research is to produce
scientific information necessary for the
management and conservation of living
marine resources along the U.S. West
Coast in the California Current
Ecosystem (CCE), throughout the
Eastern Tropical Pacific (ETP) Ocean,
and in the Scotia Sea area off Antarctica.
SWFSC’s research is needed to promote
both the long-term sustainability of the
resource and the recovery of certain
species, while generating social and
economic opportunities and benefits
from their use. Primary research
activities include: Mid-water trawl
surveys to support assessments of
coastal pelagic species, salmon and
groundfish in the CCE; longline surveys
for life history studies in the CCE and
highly migratory species tagging in the
CCE; deep-set buoy surveys for tagging
highly migratory species in the CCE;
ecosystem surveys using active acoustic
systems, other oceanographic
equipment in the CCE and ETP; and
surveys using unmanned systems in the
Antarctic Research Area (ARA) and
CCE.
NMFS has prepared the Draft SPEA
under NEPA to evaluate several
alternatives for conducting and funding
fisheries and ecosystem research
activities as the primary federal action.
Additionally in the Draft SPEA, NMFS
evaluates a related action—also called a
‘‘connected action’’ under 40 CFR
1508.25 of the Council on
Environmental Quality’s regulations for
implementing the procedural provisions
of NEPA (42 U.S.C. 4321 et seq.)—
which is the proposed promulgation of
regulations and authorization of the take
of marine mammals incidental to the
fisheries research under the Marine
Mammal Protection Act (MMPA).
Additionally, because the proposed
research activities occur in areas
inhabited by species of marine
mammals, birds, sea turtles and fish
listed under the Endangered Species Act
(ESA) as threatened or endangered, this
Draft SPEA evaluates activities that
could result in unintentional takes of
ESA-listed marine species.
The following (2) alternatives are
currently evaluated in the Draft SPEA:
• No-Action/Status Quo Alternative—
Conduct Federal Fisheries and
Ecosystem Research with Scope and
Protocols Similar to Past Efforts
• Preferred Alternative—Conduct
Federal Fisheries and Ecosystem
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]]>Agencies
[Federal Register Volume 85, Number 91 (Monday, May 11, 2020)]
[Notices]
[Pages 27717-27719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10025]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-846]
Refillable Stainless Steel Kegs From the Federal Republic of
Germany: Initiation and Preliminary Results of Changed Circumstances
Review and Intent To Revoke Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is initiating a changed
circumstances review (CCR) of the antidumping duty (AD) order on
refillable stainless steel kegs (kegs) from the Federal Republic of
Germany (Germany) based upon a request from American Keg Company (the
petitioner), as well as issuing preliminary results in that CCR. We
preliminarily determine that the AD order on kegs from Germany should
be revoked, in whole, with respect to products subject to the order
entered, or withdrawn from warehouse, for consumption on or after
December 13, 2019. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable May 11, 2020.
FOR FURTHER INFORMATION CONTACT: Allison Hollander, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Ave. NW,
Washington, DC 20230; telephone: (202) 482-2805.
SUPPLEMENTARY INFORMATION:
Background
On December 16, 2019, Commerce published the AD Order.\1\ On
January 30, 2020, the petitioner requested that Commerce conduct an
expedited CCR for this AD Order, pursuant to section 751(b) of the
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216 (b). The
petitioner expressed a lack of interest in the continuation of this AD
Order and requested the revocation of the AD Order. In its request, the
petitioner addressed the conditions under which Commerce may revoke an
order in whole or in part pursuant to 19 CFR 351.222(g). On March 12,
2020, Commerce extended the deadline for initiation to April 29, 2020,
and issued supplemental questions to the petitioner.\2\ On March 19,
2020, the petitioner responded to Commerce's supplemental questions.\3\
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\1\ See Refillable Stainless Steel Kegs from the Federal
Republic of Germany and the People's Republic of China: Antidumping
Duty Orders, 84 FR 68405 (December 16, 2019) (AD Order).
\2\ See Commerce's Letter, ``Request for a Changed Circumstances
Review of the Antidumping Duty Order on Refillable Stainless Steel
Kegs from the Federal Republic of Germany: Extension of Initiation
Deadline,'' dated March 12, 2020.
\3\ See Petitioner's Letter, ``Refillable Stainless Steel Kegs
from the Federal Republic of Germany: Response to Extension of
Initiation Deadline,'' dated March 19, 2020.
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Scope of the AD Order
The merchandise covered by the order 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 order if performed in the country of manufacture
of the in-scope refillable stainless steel keg.
[[Page 27718]]
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
Act.
The merchandise covered by the order 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 order is
dispositive.
Initiation of Changed Circumstances Review
Section 751(d)(1) of the Act and 19 CFR 351.222(g)(1)(i) provide
that Commerce may revoke an order (in whole or in part) if it
determines that producers accounting for substantially all of the
production of the domestic like product have no further interest in the
order, in whole or in part.\4\ Further, 19 CFR 351.222(g)(2) provides
that Commerce will conduct a CCR under 19 CFR 351.216, and may revoke
an order, in whole or in part, if it determines that revocation is
warranted.
---------------------------------------------------------------------------
\4\ See section 782(h) of the Act.
---------------------------------------------------------------------------
Under 19 CFR 351.216(c), Commerce will not review a final
determination of an investigation less than 24 months after the date of
publication of notice of the final determination unless it finds that
good cause exists. However, 19 CFR 351.216(d) provides that if Commerce
determines that good cause exists and the changed circumstances are
sufficient to warrant a review exist, it will conduct a CCR, in
accordance with 19 CFR 351.221.
Based on record information, Commerce has determined that, pursuant
to 19 CFR 351.216(c), good cause exists to conduct a CCR. The
petitioner, the sole American manufacturer of kegs, announced on
January 15, 2020 that the German producer and sole respondent in the
underlying investigation, Blefa Kegs, Inc. (Blefa), acquired a major
stake in the American Keg Company. As part of this investment, Blefa
committed substantial resources to expanding the petitioner's domestic
operations by tripling production within three years, which will allow
the petitioner to at least double its domestic employment during that
time. As a result of this change in ownership, because the petitioner
is the only American manufacturer of the domestic merchandise at issue,
the total amount of American production will increase and the
commercial situation of the American Keg Company will improve. We
therefore find that the petitioner's affirmative statement of no
interest in the AD Order, coupled with the circumstances described
above, constitute good cause for the conduct of this review.\5\
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\5\ See 19 CFR 351.216(d); see also Carbon and Certain Alloy
Steel Wire Rod from Canada: Initiation of Countervailing Duty
Changed Circumstances Review, 68 FR 62282, 62283-84 (November 3,
2003) (that ``no further interest . . . in continuing the order . .
. serves as good cause'' sufficient to review a determination made
less than 24 months after the date of publication an order).
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Both the Act and Commerce's regulations require that
``substantially all'' domestic producers express a lack of interest in
the AD Order for Commerce to revoke the AD Order.\6\ Commerce has
interpreted ``substantially all'' to represent producers accounting for
at least 85 percent of U.S. production of the domestic like product.\7\
The petitioner's request indicated that it is the sole producer of the
domestic like product and, therefore, accounts for at least 85 percent
of domestic production.
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\6\ See section 782(h) of the Act; 19 CFR 351.222(g).
\7\ [thinsp]See, e.g., Certain Cased Pencils from the People's
Republic of China: Initiation and Preliminary Results of Antidumping
Duty Changed Circumstances Review, and Intent to Revoke Order in
Part, 77 FR 42276 (July 18, 2012), unchanged in Certain Cased
Pencils from the People's Republic of China: Final Results of
Antidumping Duty Changed Circumstances Review, and Determination To
Revoke Order, in Part, 77 FR 53176 (August 31, 2012).
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In accordance with section 751(b)(1) of the Act, 19 CFR 351.216, 19
CFR 351.221, and 351.222(g), we are initiating this CCR.
Preliminary Results of Changed Circumstances Review
If we conclude that expedited action is warranted, we may
concurrently publish the notices of initiation and preliminary results
of a CCR.\8\ Commerce has combined the notice of initiation and
preliminary results in CCRs when sufficient documentation has been
provided supporting the request to make a preliminary determination.\9\
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\8\ See 19 CFR 351.221(c)(3)(ii).
\9\ See, e.g., Multilayered Wood Flooring from the People's
Republic of China: Initiation and Preliminary Results of Antidumping
and Countervailing Duty Changed Circumstances Reviews, 82 FR 9561
(February 7, 2017), unchanged in Multilayered Wood Flooring from the
People's Republic of China: Final Results of Changed Circumstances
Reviews, 82 FR 14691 (March 22, 2017).
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In this instance, we have determined that there is significant
information on the record to support a finding of changed
circumstances. Indeed, the petitioner has provided us, we believe, with
sufficient information to have a clear understanding of the change in
the commercial situation of the American Keg Company, as well as its
revised relationship with imports of subject merchandise from Germany
(and Blefa, in particular). Accordingly, we find that expedited action
is warranted and we are combining the notice of initiation and the
notice of preliminary results, in accordance with 19 CFR
351.221(c)(3)(ii).
In accordance with 19 CFR 351.222(g), Commerce preliminarily
determines that there is a reasonable basis to believe that changed
circumstances exist sufficient to warrant revocation of the AD Order.
Therefore, Commerce is notifying the public of its preliminary intent
to revoke the AD Order in whole.
If we make a final determination to revoke, we will instruct U.S.
Customs and Border Protection (CBP) to discontinue the suspension of
liquidation and the collection of cash deposits of estimated AD duties,
to liquidate all unliquidated entries that were entered on or after
December 13, 2019, without regard to AD duties, and to refund all AD
cash deposits on all such merchandise, with applicable interest.
Because the International Trade Commission (ITC) found material
retardation of the establishment of an industry in the United States,
as opposed to finding material injury, Commerce instructed CBP in
accordance with section 736(b)(2) of the Act to terminate any
retroactive suspension of liquidation and refund any cash deposits
required to secure the payment of AD duties with respect to entries of
kegs entered, or withdrawn from warehouse, for consumption before the
date of publication of the ITC's final affirmative determination, i.e.,
December 13, 2019. We therefore intend to revoke the AD Order
retroactively as of that date, should we determine in the final CCR
that revocation is warranted.
[[Page 27719]]
Public Comment
Any interested party may request a hearing within 14 days of
publication of this notice, in accordance with 19 CFR 351.310(c).
Interested parties may submit case briefs not later than 14 days after
the date of publication of this notice.\10\ Rebuttal comments, limited
to issues raised in the case briefs, may be filed by no later than
three days after the deadline for filing case briefs.\11\ Any hearing,
if requested, will normally be held two days after rebuttal briefs/
comments are due, in accordance with 19 CFR 351.310(d)(1). Issues
raised in the hearing will be limited to those raised in the respective
case and rebuttal briefs.\12\ Parties who submit case or rebuttal
briefs in this CCR are requested to submit with each argument: (1) A
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities.\13\ Note that Commerce has temporarily modified
certain of its requirements for serving documents containing business
proprietary information, until May 19, 2020, unless extended.\14\
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\10\ See 19 CFR 321.309(c)(1)(ii).
\11\ See 19 CFR 351.309(d)(1).
\12\ See 19 CFR 351.310(c).
\13\ See 19 CFR 351.309(c)(2) and (d)(2).
\14\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 17006 (March 26, 2020).
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Unless extended, consistent with 19 CFR 351.216(e), we intend to
issue the final results of this CCR no later than 270 days after the
date on which this review was initiated, or within 45 days of
publication of these preliminary results if all parties agree to our
preliminary findings.
Notification to Interested Parties
We are issuing and publishing this initiation and preliminary
results notice in accordance with sections 751(b) and 777(i) of the
Act, and 19 CFR 351.216, 351.221(b)(1), (b)(4), and (c)(3), and
351.222(f)(2)(iv).
Dated: April 28, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-10025 Filed 5-8-20; 8:45 am]
BILLING CODE 3510-DS-P
