Refillable Stainless Steel Kegs From the Federal Republic of Germany: Final Results of Changed Circumstances Review and Revocation of Antidumping Duty Order, 35264-35265 [2020-12445]

Download as PDF 35264 Federal Register / Vol. 85, No. 111 / Tuesday, June 9, 2020 / Notices Amended Antidumping Duty Order Pursuant to section 735(a)(4) of the Act, Commerce ‘‘shall disregard any weighted average dumping margin that is de minimis as defined in section 733(b)(3) of the Act.’’ 18 As a result of this amended final determination, in which Commerce has calculated an estimated weighted-average dumping margin for Borusan that is de minimis, Commerce is hereby excluding merchandise produced and exported by Borusan from the antidumping duty (AD) order.19 If the CIT’s ruling is not appealed, or if appealed and upheld, Commerce will direct U.S. Customs and Border Protection (CBP) to release any bonds or other security and refund cash deposits pertaining to any suspended entries from Borusan. This exclusion does not apply to any other companies.20 jbell on DSKJLSW7X2PROD with NOTICES Continued Suspension of Entries for Borusan Pursuant to Timken, the suspension of liquidation must continue during the pendency of the appeals process. Thus, we will instruct CBP to suspend liquidation of all unliquidated entries from Borusan at a cash deposit rate of zero percent which are entered, or withdrawn from warehouse, for consumption after June 1, 2020, which is ten days after the CIT’s final decision, in accordance with section 516A of the Act.21 If the CIT’s ruling is not appealed, 16 See Amended Final Determination and Order, 84 FR at 18800. 17 As explained in the Final Results of Redetermination, Commerce calculated a de minimis margin for Borusan. See Final Results of Redetermination at 11. Therefore, the only rate that is not zero, de minimis, or based entirely on facts otherwise available in the underlying LTFV investigation is the rate calculated for the other mandatory respondent, HDM Celik Boru Sanayi ve Ticaret A.S. (HDM). See Amended Final Determination and Order, 84 FR at 18800. Consequently, the rate calculated for HDM is also assigned as the estimated weighted-average dumping margin for all other producers and exporters, pursuant to section 735(c)(5)(A) of the Act. 18 Section 733(b)(3) of the Act defines de minimis dumping margin as ‘‘less than 2 percent ad valorem or the equivalent specific rate for the subject merchandise.’’ 19 See Final Results of Redetermination at 11. 20 See supra, n.2. 21 See, e.g., Drill Pipe from the People’s Republic of China: Notice of Court Decision Not in Harmony with International Trade Commission’s Injury Determination, Revocation of Antidumping and Countervailing Duty Orders Pursuant to Court Decision, and Discontinuation of Countervailing Duty Administrative Review, 79 FR 78037, 78038 (December 29, 2014); High Pressure Steel Cylinders From the People’s Republic of China: Notice of Court Decision Not in Harmony With Final Determination in Less Than Fair Value Investigation, Notice of Amended Final Determination Pursuant to Court Decision, Notice of Revocation of Antidumping Duty Order in Part, and VerDate Sep<11>2014 01:09 Jun 09, 2020 Jkt 250001 or if appealed and upheld, Commerce will instruct CBP to terminate the suspension of liquidation and to liquidate entries produced and exported by Borusan without regard to antidumping duties. As a result of Borusan’s exclusion from the AD order, Commerce will not initiate any new administrative reviews of the company’s entries.22 Liquidation of Suspended Entries for Borusan At this time, Commerce remains enjoined by CIT order from liquidating entries that: (1) Were produced and exported by Borusan, and were entered, or withdrawn from warehouse, for consumption on or after August 27, 2018, up to and including February 22, 2019; and (2) were produced and/or exported by Borusan, and were entered, or withdrawn from warehouse, for consumption on or after April 19, 2019, up to and including April 30, 2020. These entries will remain enjoined pursuant to the terms of the injunction during the pendency of any appeals process. Notification to Interested Parties This notice is issued and published in accordance with sections 516A(c)(1) and (e), and 777(i)(1) of the Act. Dated: June 3, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–12446 Filed 6–8–20; 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: Final Results of Changed Circumstances Review and Revocation of Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: For the final results of this changed circumstances review (CCR), the Department of Commerce (Commerce) is revoking, in whole, the antidumping duty (AD) order on refillable stainless steel kegs (kegs) from the Federal Republic of Germany AGENCY: Discontinuation of Fifth Antidumping Duty Administrative Review, 82 FR 46758, 46760 (October 6, 2017). 22 Currently there are no ongoing administrative reviews of this order. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 (Germany) based upon a request from American Keg Company (the petitioner). DATES: Applicable June 9, 2020. FOR FURTHER INFORMATION CONTACT: Allison Hollander, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue 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). Commerce published the initiation and preliminary results of this CCR on May 11, 2020.2 On May 26, 2020, we received comments from the petitioner.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. 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 Refillable Stainless Steel Kegs from the Federal Republic of Germany: Initiation and Preliminary Results of Changed Circumstances Review and Intent to Revoke Order, 85 FR 27717 (May 11, 2020) (Preliminary Results). 3 See Petitioner’s Letter, ‘‘Refillable Stainless Steel Kegs from the Federal Republic of Germany: Comments on Initiation and Preliminary Results of Changed Circumstances Review,’’ dated May 26, 2020 (Petitioner Comments). E:\FR\FM\09JNN1.SGM 09JNN1 Federal Register / Vol. 85, No. 111 / Tuesday, June 9, 2020 / Notices jbell on DSKJLSW7X2PROD with NOTICES ‘‘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. 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. Final Results of Changed Circumstances Review, and Revocation of the Order 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 4 See section 782(h) of the Act. VerDate Sep<11>2014 23:08 Jun 08, 2020 Jkt 250001 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. 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.5 Commerce has interpreted ‘‘substantially all’’ to represent producers accounting for at least 85 percent of U.S. production of the domestic like product.6 In the Preliminary Results, Commerce stated that the petitioner’s request indicated that it is the sole producer of the domestic like product.7 We received no comments concerning the petitioner’s claim regarding its production or otherwise indicating a lack of industry support with respect to this CCR. As noted in the Preliminary Results, the petitioner requested the revocation of this AD Order because it is no longer interested in maintaining the AD Order.8 Its lack of interest in maintaining the AD Order is a function of its announcement 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. The petitioner stated that as part of this investment, Blefa committed substantial resources to expanding the petitioner’s domestic operations by tripling production within three years, which it claims 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, it claims that the total amount of American production will increase and the commercial situation of the American Keg Company will improve. In the Preliminary Results, we preliminarily concluded that producers accounting for substantially all of the production of the domestic like product, to which this AD Order pertains, lack interest in the relief provided by the AD Order. We also found that the 5 See section 782(h) of the Act and 19 CFR 351.222(g). 6 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). 7 See Preliminary Results, 85 FR 27717. 8 Id. PO 00000 Frm 00011 Fmt 4703 Sfmt 9990 35265 petitioner’s affirmative statement of no interest in the AD Order, coupled with the circumstances described above, constituted good cause for the conduct of this review. On May 26, 2020, Commerce received comments from the petitioner stating its agreement with the outcome proposed in the Preliminary Results.9 Commerce did not receive any other comments on the Preliminary Results. Accordingly, we are notifying the public that we are revoking the AD Order, in whole. The revocation will be effective on the date of publication of this notice. Termination of Suspension of Liquidation Because we determine that there are changed circumstances that warrant the revocation of the AD Order, in whole, for reasons explained in the Preliminary Results, we will instruct CBP to discontinue the suspension of liquidation and the collection of cash deposits of estimated antidumping duties, to liquidate all unliquidated entries that were entered on or after December 13, 2019, without regard to antidumping duties, and to refund all AD cash deposits on all such merchandise, with applicable interest.10 Notification to Interested Parties This notice serves as a reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of 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 sanctionable violation. We are issuing and publishing these final results and revocation, in whole, and notice in accordance with sections 751(b) and 777(i) of the Act and 19 CFR 351.216, 19 CFR 351.221(c)(3), and 19 CFR 351.222. Dated: June 3, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–12445 Filed 6–8–20; 8:45 am] BILLING CODE 3510–DS–P 9 See Petitioner Comments. Preliminary Results, 85 FR at 27718. 10 See E:\FR\FM\09JNN1.SGM 09JNN1

Agencies

[Federal Register Volume 85, Number 111 (Tuesday, June 9, 2020)]
[Notices]
[Pages 35264-35265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12445]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-846]


Refillable Stainless Steel Kegs From the Federal Republic of 
Germany: Final Results of Changed Circumstances Review and Revocation 
of Antidumping Duty Order

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

SUMMARY: For the final results of this changed circumstances review 
(CCR), the Department of Commerce (Commerce) is revoking, in whole, 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).

DATES: Applicable June 9, 2020.

FOR FURTHER INFORMATION CONTACT: Allison Hollander, AD/CVD Operations, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue 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). Commerce 
published the initiation and preliminary results of this CCR on May 11, 
2020.\2\ On May 26, 2020, we received comments from the petitioner.\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 Refillable Stainless Steel Kegs from the Federal 
Republic of Germany: Initiation and Preliminary Results of Changed 
Circumstances Review and Intent to Revoke Order, 85 FR 27717 (May 
11, 2020) (Preliminary Results).
    \3\ See Petitioner's Letter, ``Refillable Stainless Steel Kegs 
from the Federal Republic of Germany: Comments on Initiation and 
Preliminary Results of Changed Circumstances Review,'' dated May 26, 
2020 (Petitioner Comments).
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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.

[[Page 35265]]

    ``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.
    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.

Final Results of Changed Circumstances Review, and Revocation of the 
Order

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

    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.\5\ Commerce has 
interpreted ``substantially all'' to represent producers accounting for 
at least 85 percent of U.S. production of the domestic like product.\6\ 
In the Preliminary Results, Commerce stated that the petitioner's 
request indicated that it is the sole producer of the domestic like 
product.\7\ We received no comments concerning the petitioner's claim 
regarding its production or otherwise indicating a lack of industry 
support with respect to this CCR.
---------------------------------------------------------------------------

    \5\ See section 782(h) of the Act and 19 CFR 351.222(g).
    \6\ 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).
    \7\ See Preliminary Results, 85 FR 27717.
---------------------------------------------------------------------------

    As noted in the Preliminary Results, the petitioner requested the 
revocation of this AD Order because it is no longer interested in 
maintaining the AD Order.\8\ Its lack of interest in maintaining the AD 
Order is a function of its announcement 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. The petitioner stated that as part of this investment, Blefa 
committed substantial resources to expanding the petitioner's domestic 
operations by tripling production within three years, which it claims 
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, it claims that the total amount of American 
production will increase and the commercial situation of the American 
Keg Company will improve.
---------------------------------------------------------------------------

    \8\ Id.
---------------------------------------------------------------------------

    In the Preliminary Results, we preliminarily concluded that 
producers accounting for substantially all of the production of the 
domestic like product, to which this AD Order pertains, lack interest 
in the relief provided by the AD Order. We also found that the 
petitioner's affirmative statement of no interest in the AD Order, 
coupled with the circumstances described above, constituted good cause 
for the conduct of this review.
    On May 26, 2020, Commerce received comments from the petitioner 
stating its agreement with the outcome proposed in the Preliminary 
Results.\9\ Commerce did not receive any other comments on the 
Preliminary Results.
---------------------------------------------------------------------------

    \9\ See Petitioner Comments.
---------------------------------------------------------------------------

    Accordingly, we are notifying the public that we are revoking the 
AD Order, in whole. The revocation will be effective on the date of 
publication of this notice.

Termination of Suspension of Liquidation

    Because we determine that there are changed circumstances that 
warrant the revocation of the AD Order, in whole, for reasons explained 
in the Preliminary Results, we will instruct CBP to discontinue the 
suspension of liquidation and the collection of cash deposits of 
estimated antidumping duties, to liquidate all unliquidated entries 
that were entered on or after December 13, 2019, without regard to 
antidumping duties, and to refund all AD cash deposits on all such 
merchandise, with applicable interest.\10\
---------------------------------------------------------------------------

    \10\ See Preliminary Results, 85 FR at 27718.
---------------------------------------------------------------------------

Notification to Interested Parties

    This notice serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of 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 sanctionable violation.
    We are issuing and publishing these final results and revocation, 
in whole, and notice in accordance with sections 751(b) and 777(i) of 
the Act and 19 CFR 351.216, 19 CFR 351.221(c)(3), and 19 CFR 351.222.

    Dated: June 3, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-12445 Filed 6-8-20; 8:45 am]
 BILLING CODE 3510-DS-P

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