Refillable Stainless Steel Kegs From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2020, 24165-24166 [2023-08272]

Download as PDF Federal Register / Vol. 88, No. 75 / Wednesday, April 19, 2023 / Notices DEPARTMENT OF COMMERCE International Trade Administration Subsidy Programs Provided by Countries Exporting Softwood Lumber and Softwood Lumber Products to the United States; Request for Comment; Correction Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On March 30, 2023, the U.S. Department of Commerce (Commerce) published a notice in the Federal Register, in which Commerce requested public comment on any subsidies, including stumpage subsidies, provided by certain countries exporting softwood lumber or softwood lumber products to the United States during the period July 1, 2022, through December 31, 2022. That notice contains an incorrect docket number for the filing of comments. DATES: Applicable April 19, 2023. FOR FURTHER INFORMATION CONTACT: Kristen Johnson, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW Washington, DC 20230; telephone: (202) 482–4793. SUPPLEMENTARY INFORMATION: AGENCY: lotter on DSK11XQN23PROD with NOTICES1 Correction In the Federal Register of March 30, 2023, in FR Doc 2023–06610, on page 19070, Commerce incorrectly listed Docket No. ITA—2023–002 for the filing of subsidy comments at https:// www.regulations.gov. The correct number is Docket No. ITA—2023–0002. Background On March 30, 2023, Commerce published the Request for Comment in the Federal Register.1 Within the notice, Commerce solicited public comment on subsidies provided by Austria, Brazil, Canada, Germany, Romania, and Sweden, which had exports accounting for at least one percent of total U.S. imports of softwood lumber during the period July 1, 2022, through December 31, 2022. Any comments must be submitted through the Federal eRulemaking Portal at https://www.regulations.gov, Docket No. ITA–2023–0002 and addressed to Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, at U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 1 See Subsidy Programs Provided by Countries Exporting Softwood Lumber and Softwood Lumber Products to the United States; Request for Comment, 88 FR 19069 (March 30, 2023) (Request for Comment). VerDate Sep<11>2014 16:37 Apr 18, 2023 Jkt 259001 DC 20230. Comments must be received no later than May 1, 2023, which is 30 days after the publication of the Request for Comment.2 Dated: April 13, 2023. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations. [FR Doc. 2023–08267 Filed 4–18–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–094] Refillable Stainless Steel Kegs From the People’s Republic of China: Final Results of Countervailing Duty Administrative Review; 2020 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that countervailable subsidies were provided to certain exporters/producers of refillable stainless steel kegs (kegs) from the People’s Republic of China (China) during the period of review (POR) January 1, 2020, through December 31, 2020. DATES: Applicable April 19, 2023. FOR FURTHER INFORMATION CONTACT: Ted Pearson, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2631. SUPPLEMENTARY INFORMATION: AGENCY: Background Commerce published the Preliminary Results of this administrative review in the Federal Register on December 21, 2022, and invited interested parties to comment.1 For a complete description of the events that occurred subsequent to the Preliminary Results, see the Issues and Decision Memorandum.2 2 Because 30 days from March 30, 2023 is April 29, 2023, which is a Saturday, the deadline for the filing of comments moves to Monday, May 1, 2023. 1 See Refillable Stainless Steel Kegs from the People’s Republic of China: Preliminary Results of Countervailing Duty Administrative Review, Rescission of Review in Part; 2020, 87 FR 78045 (December 21, 2022) (Preliminary Results), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Countervailing Duty Administrative Review of Refillable Stainless Steel Kegs from the People’s Republic of China; 2020,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 24165 Scope of the Order 3 The products covered by the scope of the Order are kegs from China. A full description of the scope of the Order is contained in the Issues and Decision Memorandum. Analysis of Comments Received All issues raised by the interested parties in their case and rebuttal briefs are addressed in the Issues and Decision Memorandum and are listed in the appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Changes Since the Preliminary Results Based on our analysis of comments from interested parties and the evidence on the record, we revised the calculation of the net countervailable subsidy rates for Ningbo Master International Trade Co., Ltd. (Ningbo Master). For a discussion of the issues, see the Issues and Decision Memorandum. Methodology Commerce conducted this administrative review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found to be countervailable, we find that there is a subsidy, i.e., a government-provided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific.4 For a complete description of the methodology underlying all of Commerce’s conclusions, including our reliance, in part, on facts otherwise available, including adverse facts available, pursuant to sections 776(a) and (b) of the Act, see the Issues and Decision Memorandum. Companies Not Selected for Individual Review The statute and Commerce’s regulations do not address the establishment of a rate to be applied to 3 See Refillable Stainless Steel Kegs from the People’s Republic of China: Countervailing Duty Order, 84 FR 68400 (December 16, 2019) (Order). 4 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. E:\FR\FM\19APN1.SGM 19APN1 24166 Federal Register / Vol. 88, No. 75 / Wednesday, April 19, 2023 / Notices companies not selected for individual examination when Commerce limits its examination in an administrative review pursuant to section 777A(e)(2) of the Act. However, Commerce normally determines the rates for non-selected companies in reviews in a manner that is consistent with section 705(c)(5) of the Act, which provides the basis for calculating the all-others rate in an investigation. Section 705(c)(5)(A)(i) of the Act instructs Commerce, as a general rule, to calculate the all-others rate equal to the weighted average of the countervailable subsidy rates established for exporters and producers individually investigated, excluding any zero or de minimis countervailable subsidy rates, and any rates determined entirely on the basis of facts available. There are two companies for which a review was requested and not rescinded, and which were not selected as mandatory respondents or found to be cross-owned with a mandatory respondent. For these non-selected companies, because the rate calculated for the only participating mandatory respondent in this review, Ningbo Master, was above de minimis and not based entirely on facts available, we are applying Ningbo Master’s subsidy rate to the two non-selected companies. This is the same methodology Commerce applied in the Preliminary Results for determining a rate for companies not selected for individual examination. However, due to changes in the calculation for Ningbo Master, we revised the non-selected rate accordingly. Consequently, for both of the non-selected companies for which a review was requested and not rescinded, we are applying an ad valorem subsidy rate of 5.22 percent. Final Results of Administrative Review We determine find the net countervailable subsidy rates for the mandatory and non-selected respondents under review for the period January 1, 2020, through December 31, 2020, to be as follows: lotter on DSK11XQN23PROD with NOTICES1 Producer or exporter Subsidy rate (percent ad valorem) Ningbo Master International Trade Co., Ltd 5 ................. Review-Specific Average Rate Applicable to the Following Companies: Guangzhou Jingye Machinery Co., Ltd ............. 5.22 5.22 5 Commerce finds the following companies to be cross-owned with Ningbo Master: Ningbo Major Draft Beer Equipment Co., Ltd. and Zhejiang Major Technology Co., Ltd. VerDate Sep<11>2014 18:00 Apr 18, 2023 Jkt 259001 Producer or exporter Guangzhou Ulix Industrial & Trading Co., Ltd ......... Subsidy rate (percent ad valorem) 5.22 Disclosure Commerce intends to disclose calculations and analysis performed for the final results of review within five days after the date of publication of this notice in the Federal Register in accordance with 19 CFR 351.224(b). Assessment Requirements In accordance with section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(2), Commerce has determined, and U.S. Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate entries covered by this review, for the above-listed companies at the applicable ad valorem assessment rates listed. Commerce intends to issue assessment instructions to CBP no earlier than 35 days after publication of the final results of this review in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). Cash Deposit Requirements In accordance with section 751(a)(1) of the Act, Commerce also intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts shown above for the abovelisted companies with regard to shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of these final results of review. For all non-reviewed firms, we will instruct CBP to continue to collect cash deposits of estimated countervailing duties at the all-others rate or the most recent company-specific rate applicable to the company, as appropriate. These cash deposit requirements, effective upon publication of these final results, shall remain in effect until further notice. Administrative Protective Order This notice also serves as a final 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 or destruction of APO materials or PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. Notification to Interested Parties The final results are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5). Dated: April 13, 2023. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Non-Selected Companies Under Review V. Use of Facts Otherwise Available and Application of Adverse Inferences VI. Subsidies Valuation VII. Analysis of Programs VIII. Analysis of Comments Comment 1: Whether Commerce Should Include Seasonal Prices in the Electricity Benchmark Comment 2: Whether Commerce Should Revise the Electricity Benchmark Selected for Certain Affiliated Company Purchases Comment 3: Whether Commerce Should Average Certain Sources for Input Benchmarks Comment 4: Whether Commerce Should Incorporate Retaliatory Tariffs in Calculating Input Benchmarks IX. Recommendation [FR Doc. 2023–08272 Filed 4–18–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–888] Floor-Standing, Metal-Top Ironing Tables and Certain Parts Thereof From the People’s Republic of China: Final Results of Changed Circumstances Review and Continuation of the Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) has determined not to revoke the order on floorstanding, metal-top ironing tables and certain parts thereof from the People’s Republic of China (China). DATES: Applicable April 19, 2023. FOR FURTHER INFORMATION CONTACT: Michael J. Heaney, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, AGENCY: E:\FR\FM\19APN1.SGM 19APN1

Agencies

[Federal Register Volume 88, Number 75 (Wednesday, April 19, 2023)]
[Notices]
[Pages 24165-24166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08272]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-094]


Refillable Stainless Steel Kegs From the People's Republic of 
China: Final Results of Countervailing Duty Administrative Review; 2020

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
countervailable subsidies were provided to certain exporters/producers 
of refillable stainless steel kegs (kegs) from the People's Republic of 
China (China) during the period of review (POR) January 1, 2020, 
through December 31, 2020.

DATES: Applicable April 19, 2023.

FOR FURTHER INFORMATION CONTACT: Ted Pearson, AD/CVD Operations, Office 
I, Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-2631.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce published the Preliminary Results of this administrative 
review in the Federal Register on December 21, 2022, and invited 
interested parties to comment.\1\ For a complete description of the 
events that occurred subsequent to the Preliminary Results, see the 
Issues and Decision Memorandum.\2\
---------------------------------------------------------------------------

    \1\ See Refillable Stainless Steel Kegs from the People's 
Republic of China: Preliminary Results of Countervailing Duty 
Administrative Review, Rescission of Review in Part; 2020, 87 FR 
78045 (December 21, 2022) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Countervailing Duty Administrative Review of 
Refillable Stainless Steel Kegs from the People's Republic of China; 
2020,'' dated concurrently with, and hereby adopted by, this notice 
(Issues and Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order 3
---------------------------------------------------------------------------

    \3\ See Refillable Stainless Steel Kegs from the People's 
Republic of China: Countervailing Duty Order, 84 FR 68400 (December 
16, 2019) (Order).
---------------------------------------------------------------------------

    The products covered by the scope of the Order are kegs from China. 
A full description of the scope of the Order is contained in the Issues 
and Decision Memorandum.

Analysis of Comments Received

    All issues raised by the interested parties in their case and 
rebuttal briefs are addressed in the Issues and Decision Memorandum and 
are listed in the appendix to this notice. The Issues and Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on our analysis of comments from interested parties and the 
evidence on the record, we revised the calculation of the net 
countervailable subsidy rates for Ningbo Master International Trade 
Co., Ltd. (Ningbo Master). For a discussion of the issues, see the 
Issues and Decision Memorandum.

Methodology

    Commerce conducted this administrative review in accordance with 
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). 
For each of the subsidy programs found to be countervailable, we find 
that there is a subsidy, i.e., a government-provided financial 
contribution that gives rise to a benefit to the recipient, and that 
the subsidy is specific.\4\ For a complete description of the 
methodology underlying all of Commerce's conclusions, including our 
reliance, in part, on facts otherwise available, including adverse 
facts available, pursuant to sections 776(a) and (b) of the Act, see 
the Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \4\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------

Companies Not Selected for Individual Review

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to

[[Page 24166]]

companies not selected for individual examination when Commerce limits 
its examination in an administrative review pursuant to section 
777A(e)(2) of the Act. However, Commerce normally determines the rates 
for non-selected companies in reviews in a manner that is consistent 
with section 705(c)(5) of the Act, which provides the basis for 
calculating the all-others rate in an investigation. Section 
705(c)(5)(A)(i) of the Act instructs Commerce, as a general rule, to 
calculate the all-others rate equal to the weighted average of the 
countervailable subsidy rates established for exporters and producers 
individually investigated, excluding any zero or de minimis 
countervailable subsidy rates, and any rates determined entirely on the 
basis of facts available.
    There are two companies for which a review was requested and not 
rescinded, and which were not selected as mandatory respondents or 
found to be cross-owned with a mandatory respondent. For these non-
selected companies, because the rate calculated for the only 
participating mandatory respondent in this review, Ningbo Master, was 
above de minimis and not based entirely on facts available, we are 
applying Ningbo Master's subsidy rate to the two non-selected 
companies.
    This is the same methodology Commerce applied in the Preliminary 
Results for determining a rate for companies not selected for 
individual examination. However, due to changes in the calculation for 
Ningbo Master, we revised the non-selected rate accordingly. 
Consequently, for both of the non-selected companies for which a review 
was requested and not rescinded, we are applying an ad valorem subsidy 
rate of 5.22 percent.

Final Results of Administrative Review

    We determine find the net countervailable subsidy rates for the 
mandatory and non-selected respondents under review for the period 
January 1, 2020, through December 31, 2020, to be as follows:
---------------------------------------------------------------------------

    \5\ Commerce finds the following companies to be cross-owned 
with Ningbo Master: Ningbo Major Draft Beer Equipment Co., Ltd. and 
Zhejiang Major Technology Co., Ltd.

------------------------------------------------------------------------
                                                           Subsidy rate
                  Producer or exporter                     (percent  ad
                                                             valorem)
------------------------------------------------------------------------
Ningbo Master International Trade Co., Ltd \5\..........            5.22
Review-Specific Average Rate Applicable to the Following
 Companies:
  Guangzhou Jingye Machinery Co., Ltd...................            5.22
  Guangzhou Ulix Industrial & Trading Co., Ltd..........            5.22
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose calculations and analysis performed 
for the final results of review within five days after the date of 
publication of this notice in the Federal Register in accordance with 
19 CFR 351.224(b).

Assessment Requirements

    In accordance with section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(2), Commerce has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, countervailing duties on all appropriate 
entries covered by this review, for the above-listed companies at the 
applicable ad valorem assessment rates listed. Commerce intends to 
issue assessment instructions to CBP no earlier than 35 days after 
publication of the final results of this review in the Federal 
Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).

Cash Deposit Requirements

    In accordance with section 751(a)(1) of the Act, Commerce also 
intends to instruct CBP to collect cash deposits of estimated 
countervailing duties in the amounts shown above for the above-listed 
companies with regard to shipments of subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of these final results of review. For all non-reviewed 
firms, we will instruct CBP to continue to collect cash deposits of 
estimated countervailing duties at the all-others rate or the most 
recent company-specific rate applicable to the company, as appropriate. 
These cash deposit requirements, effective upon publication of these 
final results, shall remain in effect until further notice.

Administrative Protective Order

    This notice also serves as a final 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 or 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.

Notification to Interested Parties

    The final results are issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

    Dated: April 13, 2023.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Non-Selected Companies Under Review
V. Use of Facts Otherwise Available and Application of Adverse 
Inferences
VI. Subsidies Valuation
VII. Analysis of Programs
VIII. Analysis of Comments
    Comment 1: Whether Commerce Should Include Seasonal Prices in 
the Electricity Benchmark
    Comment 2: Whether Commerce Should Revise the Electricity 
Benchmark Selected for Certain Affiliated Company Purchases
    Comment 3: Whether Commerce Should Average Certain Sources for 
Input Benchmarks
    Comment 4: Whether Commerce Should Incorporate Retaliatory 
Tariffs in Calculating Input Benchmarks
IX. Recommendation

[FR Doc. 2023-08272 Filed 4-18-23; 8:45 am]
BILLING CODE 3510-DS-P
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