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]

Download as PDF 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. khammond on DSKJM1Z7X2PROD with NOTICES 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. VerDate Sep<11>2014 17:05 May 08, 2020 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). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 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. E:\FR\FM\11MYN1.SGM 11MYN1 27718 Federal Register / Vol. 85, No. 91 / Monday, May 11, 2020 / Notices khammond on DSKJM1Z7X2PROD with NOTICES 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. VerDate Sep<11>2014 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). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 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 11MYN1 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] khammond on DSKJM1Z7X2PROD with NOTICES 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: PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 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 E:\FR\FM\11MYN1.SGM 11MYN1

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\
---------------------------------------------------------------------------

    \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\
---------------------------------------------------------------------------

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

    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).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

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

    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