Refillable Stainless Steel Kegs From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review; 2021-2022, 85230-85232 [2023-26858]
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Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Notices
Dated: November 30, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Subsidies Valuation
VI. Benchmarks and Interest Rates
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2023–26877 Filed 12–6–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–093]
Refillable Stainless Steel Kegs From
the People’s Republic of China:
Preliminary Results of the
Antidumping Duty Administrative
Review; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that certain producers and/
or exporters made sales of refillable
stainless steel kegs (kegs) at less than
normal value during the period of
review (POR) April 1, 2021, through
March 31, 2022. Interested parties are
invited to comment on the preliminary
results of this review.
DATES: Applicable December 7, 2023.
FOR FURTHER INFORMATION CONTACT:
Aleksandras Nakutis and Jacob Keller,
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) 482–3147
and (202) 482–4849, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
ddrumheller on DSK120RN23PROD with NOTICES1
Background
On December 16, 2019, Commerce
published in the Federal Register the
AD order on kegs from China.1 On
December 1, 2022, Commerce published
a notice of opportunity to request an
administrative review of the Order,
covering the POR, pursuant to section
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) (Order).
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20:23 Dec 06, 2023
Jkt 262001
751(a)(1) of the Tariff Act of 1930, as
amended (the Act).2 On February 2,
2023, based on timely requests for
review, Commerce initiated an
administrative review of the Order
covering the POR.3 On March 6, 2023,
Guangzhou Ulix Industrial & Trading
Co., Ltd., (Ulix) and Guangzhou Jingye
Machinery Co., Ltd., (Jingye) each
timely filed a no-shipment certification
(NSC) and a separate rate certification.4
This administrative review covers 41
companies.5
Scope of the Order
The merchandise covered by this
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. The merchandise
covered by the orders are currently
classified in the Harmonized Tariff
Schedule of the United States (HTSUS)
under subheadings 7310.10.0010,
7310.10.0050, 7310.29.0025, and
7310.29.0050. These HTSUS
subheadings are provided for
convenience and customs purposes; the
written description of the scope of the
orders is dispositive. A full description
of the scope of the Order is provided in
the Preliminary Decision
Memorandum.6
Preliminary Results and Referral to
U.S. Customs and Border Protection
Based on record information,
Commerce preliminarily determine that
all 41 companies subject to this
administrative review are a part of the
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review and Join Annual
Inquiry Service List, 87 FR 73752 (December 1,
2022).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
7060 (February 2, 2023) (Initiation Notice).
4 See Ulix’s Letter, ‘‘Separate Rate Certification,’’
dated March 6, 2023; see also Jingye’s Letter, ‘‘No
Sales & Separate Rate Certification,’’ dated March
6, 2023.
5 See Memorandum, ‘‘Respondent Selection,’’
dated September 14, 2022.
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Review of Refillable Stainless Steel
Kegs from the People’s Republic of China; 2021–
2022,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
PO 00000
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China-wide entity.7 Regarding Jingye
and Ulix’s NSCs, we preliminarily
determine these responses to be
unreliable and that use of facts
otherwise available with an adverse
inference is warranted, pursuant to
sections 776(a)–(b) of the Act, to
determine that Jingye and Ulix have not
substantiated their NSCs. Moreover, for
reasons discussed in the Preliminary
Decision Memorandum, Commerce is
preliminarily treating Jingye and Ulix as
part of the China-wide entity and
Commerce is referring its preliminary
findings to U.S. Customs and Border
Protection (CBP) to investigate evasion
of the Order.
China-Wide Entity
Under Commerce’s policy regarding
the conditional review of the Chinawide entity,8 the China-wide entity will
not be under review unless a party
specifically requests, or Commerce selfinitiates, a review of the entity. Because
no party requested a review of the
China-wide entity in this review, the
entity is not under review, and the
entity’s rate (i.e., 77.13 percent) is not
subject to change.9 Commerce considers
the 41 companies for which a review
was requested (which did not file a
separate rate application or did not
demonstrate separate rate eligibility)
listed in Appendix II to this notice, to
be part of the China-wide entity.10
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Act. For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
I to this notice. The Preliminary
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
7 See
Appendix II.
Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
9 See Order.
10 See Initiation Notice (‘‘All firms listed below
that wish to qualify for separate rate status in the
administrative reviews involving NME countries
must complete, as appropriate, either a separate rate
application or certification, as described below.’’);
see also Appendix II for the list of companies that
are subject to this administrative review that are
considered to be part of the China-wide entity.
8 See
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Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Notices
version of the Preliminary Decision
Memorandum can be found at https://
access.trade.gov/public/
FRNoticesListLayout.aspx.
ddrumheller on DSK120RN23PROD with NOTICES1
Public Comment
Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs
no later than 30 days after the date of
publication of this notice. Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed not later than
five days after the date for filing case
briefs.11 Interested parties who submit
case briefs or rebuttal briefs in this
proceeding must submit: (1) a table of
contents listing each issue; and (2) a
table of authorities.12
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
interested parties to provide an
executive summary of their brief that
should be limited to five pages total,
including footnotes. In this review, we
instead request that interested parties
provide at the beginning of their briefs
a public, executive summary for each
issue raised in their briefs.13 Further, we
request that interested parties limit their
executive summary of each issue to no
more than 450 words, not including
citations. We intend to use the executive
summaries as the basis of the comment
summaries included in the issues and
decision memorandum that will
accompany the final determination in
this review. We request that interested
parties include footnotes for relevant
citations in the executive summary of
each issue. Note that Commerce has
amended certain of its requirements
pertaining to the service of documents
in 19 CFR 351.303(f).14
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the
publication of this notice. Requests
should contain the party’s name,
address, telephone number, the number
of participants, whether any participant
is a foreign national, and a list of the
issues to be discussed. If a request for
a hearing is made, Commerce intends to
11 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (APO and
Service Final Rule).
12 See 19 351.309(c)(2) and (d)(2).
13 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
14 See APO and Service Final Rule.
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20:23 Dec 06, 2023
Jkt 262001
hold the hearing at a time and date to
be determined. Parties should confirm
by telephone the date, time, and
location of the hearing two days before
the scheduled date.
Unless the deadline is extended,
Commerce intends to issue the final
results of this review, including the
results of its analysis of the issues raised
in any written briefs, no later than 120
days after the date of publication of this
notice, pursuant to section 751(a)(3)(A)
of the Act and 19 CFR 351.213(h).
Assessment Rates
Upon issuing the final results,
Commerce will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review.15 If the preliminary results are
unchanged for the final results, we will
instruct CBP to apply an ad valorem
assessment rate of 77.13 percent to all
entries of subject merchandise during
the POR which were exported by the
companies considered to be a part of the
China-wide entity listed in Appendix II
of this notice.
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
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
The following cash deposit
requirements will be effective upon
publication of the final results of this
review for shipments of the subject
merchandise from China entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided by section 751(a)(2)(C)
of the Act: (1) for all Chinese exporters
of subject merchandise that have not
been found to be entitled to a separate
rate, the cash deposit rate will be that
for the China-wide entity; and (2) for all
non-Chinese exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to the Chinese
exporter that supplied that non-Chinese
exporter. These deposit requirements,
when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
15 See
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19 CFR 351.212(b)(1).
Frm 00028
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85231
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping and/or countervailing
duties prior to liquidation of the
relevant entries during the POR. Failure
to comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping and/or
countervailing duties occurred and the
subsequent assessment of double
antidumping duties, and/or an increase
in the amount of antidumping duties by
the amount of the countervailing duties.
Notification to Interested Parties
Commerce is issuing and publishing
the preliminary results of this review in
accordance with sections 751(a)(1)(B),
751(a)(3) and 777(i) of the Act, and 19
CFR 351.213(d)(4) and 351.221(b)(4).
Dated: November 30, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. No-Shipment Certifications and Referral
to CBP of Evasion
V. Discussion of the Methodology
VI. Recommendation
Appendix II
Companies Considered To Be Part of the
China-Wide Entity
1. Dalian Yonghseng Metal Structure Co.,
Ltd. d/b/a DYM Brewing Solutions
2. Equipmentimes (Dalian) E-Commerce Co.,
Ltd.
3. Guangzhou Jingye Machinery Co., Ltd.
4. Guangzhou Ulix Industrial & Trading Co.,
Ltd.
5. Jinan Chenji International Trade Co., Ltd.
6. Jinan Chenji Machinery Equipment Co.,
Ltd.
7. Jinan HaoLu Machinery Equipment Co.,
Ltd.
8. Jinjiang Jiaxing Import and Export Co., Ltd.
9. NDL Keg Qingdao Inc.
10. Ningbo All In Brew Technology Co.
11. Ningbo BestFriends Beverage Containers
Industry Co., Ltd.
12. Ningbo Chance International Trade Co.,
Ltd.
13. Ningbo Direct Import & Export Co., Ltd.
14. Ningbo Haishu Direct Import and Export
Trade Co., Ltd.
15. Ningbo Haishu Xiangsheng Metal Factory
16. Ningbo Hefeng Container Manufacturer
Co., Ltd.
17. Ningbo Hefeng Kitchen Utensils
Manufacture Co., Ltd.
18. Ningbo HGM Food Machinery Co., Ltd.
19. Ningbo Jiangbei Bei Fu Industry and
Trade Co., Ltd.
20. Ningbo Kegco International Trade Co.,
Ltd.
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Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Notices
21. Ningbo Kegstorm Stainless Steel Co., Ltd.
22. Ningbo Minke Import & Export Co., Ltd.
23. Ningbo Sanfino Import & Export Co., Ltd.
24. Ningbo Shimaotong International Co.,
Ltd.
25. Ningbo Sunburst International Trading
Co., Ltd.
26. Orient Equipment (Taizhou) Co., Ltd.
27. Penglai Jinfu Stainless Steel Products.
28. Pera Industry Shanghai Co., Ltd.
29. Qingdao Henka Precision Technology
Co., Ltd.
30. Qingdao Xinhe Precision Manufacturing
Co., Ltd.
31. Rain Star International Trading Dalian
Co., Ltd.
32. Shandong Meto Beer Equipment Co., Ltd.
33. Shandong Tiantai Beer Equipment Co.,
Ltd.
34. Shandong Tonsen Equipment Co., Ltd.
35. Shandong Yuesheng Beer Equipment Co.,
Ltd.
36. Shenzhen Wellbom Technology Co., Ltd.
37. Sino Dragon Group, Ltd.
38. Wenzhou Deli Machinery Equipment Co.
39. Wuxi Taihu Lamps and Lanterns Co., Ltd.
40. Yantai Toptech Ltd.
41. Yantai Trano New Material Co., Ltd., d/
b/a Trano Keg, d/b/a SS Keg.
[FR Doc. 2023–26858 Filed 12–6–23; 8:45 am]
BILLING CODE 3510–DS–P
SUPPLEMENTARY INFORMATION:
Background
On July 27, 1999, Commerce
published in the Federal Register the
AD orders on SSSSC from Japan, Korea,
and Taiwan, and, on August 6, 1999,
Commerce published the CVD order on
SSSSC from Korea.1 On September 1,
2022, the ITC instituted,2 and
Commerce initiated,3 the fourth sunset
review of the Orders, pursuant to
section 751(c) of the Tariff Act of 1930,
as amended (the Act). As a result of its
reviews, Commerce determined that
revocation of the Orders would likely
lead to the continuation or recurrence of
dumping and countervailable subsidies
and, therefore, notified the ITC of the
magnitude of the margins of dumping
and subsidy rates likely to prevail
should the Orders be revoked.4
On October 24, 2023, the ITC
published its determination, pursuant to
sections 751(c) and 752(a) of the Act,
that revocation of the Orders would
likely lead to continuation or recurrence
of material injury to an industry in the
United States within a reasonably
foreseeable time.5
ddrumheller on DSK120RN23PROD with NOTICES1
DEPARTMENT OF COMMERCE
Scope of the Orders
The merchandise under review is
International Trade Administration
certain stainless steel sheet and strip in
[A–588–845, A–580–834, A–583–831, C–580– coils. Stainless steel is an alloy steel
835]
containing, by weight, 1.2 percent or
Stainless Steel Sheet and Strip in Coils less of carbon and 10.5 percent or more
of chromium, with or without other
From Japan, the Republic of Korea,
elements. The subject sheet and strip is
and Taiwan: Continuation of
a flat-rolled product in coils that is
Antidumping Duty Orders and
greater than 9.5 mm in width and less
Countervailing Duty Order
than 4.75 mm in thickness, and that is
AGENCY: Enforcement and Compliance,
annealed or otherwise heat treated and
International Trade Administration,
1 See Notice of Antidumping Duty Order:
Department of Commerce.
Stainless Steel Sheet and Strip in Coils from United
SUMMARY: As a result of the
Kingdom, Taiwan, and South Korea, 64 FR 40555
determinations by the U.S. Department
(July 27, 1999); Notice of Amended Final
of Commerce (Commerce) and the U.S.
Determination of Sales at Less Than Fair Value and
Antidumping Duty Order: Stainless Steel Sheet and
International Trade Commission (ITC)
that revocation of the antidumping duty Strip in Coils from Japan, 64 FR 40565 (July 27,
1999; and Amended Final Determination: Stainless
(AD) orders on stainless steel sheet and
Steel Sheet and Strip in Coils from the Republic of
strip in coils (SSSSC) from Japan, the
Korea; and Notice of Countervailing Duty Orders:
Stainless Steel Sheet and Strip in Coils from France,
Republic of Korea (Korea), and Taiwan
and the countervailing duty (CVD) order Italy, and the Republic of Korea, 64 FR 42923
6, 1999) (collectively, Orders).
on SSSSC from Korea would likely lead (August
2 See Stainless Steel Sheet and Strip from Japan,
to the continuation or recurrence of
Korea, and Taiwan; Institution of Five-Year Review,
dumping, countervailable subsidies, and 87 FR 53780 (September 1, 2022).
3 See Initiation of Five-Year (‘‘Sunset’’) Review, 87
material injury to an industry in the
FR 53727 (September 1, 2022).
United States, Commerce is publishing
4 See Stainless Steel Sheet and Strip in Coils from
a notice of continuation of these AD and Japan,
the Republic of Korea, and Taiwan: Final
CVD orders.
Results of the Expedited Fourth Sunset Review of
the Antidumping Duty Orders, 87 FR 74133
DATES: Applicable October 24, 2023.
(December 2, 2022), and accompanying Issues and
FOR FURTHER INFORMATION CONTACT:
Decision Memorandum (IDM); and Stainless Steel
Andrew Hart, AD/CVD Operations,
Sheet and Strip in Coils from the Republic of Korea:
Final Results of Expedited Sunset Review of the
Office II, Enforcement and Compliance,
Countervailing Duty Order, 87 FR 74130 (December
International Trade Administration,
2, 2022), and accompanying IDM.
U.S. Department of Commerce, 1401
5 See Stainless Steel Sheet and Strip from Japan,
Constitution Avenue NW, Washington,
South Korea, and Taiwan Determinations, 88 FR
73043 (October 24, 2023) (ITC Final Determination).
DC 20230; telephone: (202) 482–1058.
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20:23 Dec 06, 2023
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pickled or otherwise descaled. The
subject sheet and strip may also be
further processed (e.g., cold-rolled,
polished, aluminized, coated, etc.)
provided that it maintains the specific
dimensions of sheet and strip following
such processing.
The merchandise subject to this
review is classified in the Harmonized
Tariff Schedule of the United States
(HTSUS) at subheadings: 7219.13.00.31,
7219.13.00.51, 7219.13.00.71,
7219.13.00.81, 7219.14.00.30,
7219.14.00.65, 7219.14.00.90,
7219.32.00.05, 7219.32.00.20,
7219.32.00.25, 7219.32.00.35,
7219.32.00.36, 7219.32.00.38,
7219.32.00.42, 7219.32.00.44,
7219.33.00.05, 7219.33.00.20,
7219.33.00.25, 7219.33.00.35,
7219.33.00.36, 7219.33.00.38,
7219.33.00.42, 7219.33.00.44,
7219.34.00.05, 7219.34.00.20,
7219.34.00.25, 7219.34.00.30,
7219.34.00.35, 7219.35.00.05,
7219.35.00.15, 7219.35.00.30,
7219.35.00.35, 7219.90.00.10,
7219.90.00.20, 7219.90.00.25,
7219.90.00.60, 7219.90.00.80,
7220.12.10.00, 7220.12.50.00,
7220.20.10.10, 7220.20.10.15,
7220.20.10.60, 7220.20.10.80,
7220.20.60.05, 7220.20.60.10,
7220.20.60.15, 7220.20.60.60,
7220.20.60.80, 7220.20.70.05,
7220.20.70.10, 7220.20.70.15,
7220.20.70.60, 7220.20.70.80,
7220.20.80.00, 7220.20.90.30,
7220.20.90.60, 7220.90.00.10,
7220.90.00.15, 7220.90.00.60, and
7220.90.00.80. Although the HTSUS
subheadings are provided for
convenience and Customs purposes,
Commerce’s written description of the
merchandise under review is
dispositive.
Excluded from the scope of this
review are the following: (1) sheet and
strip that is not annealed or otherwise
heat treated and pickled or otherwise
descaled, (2) sheet and strip that is cut
to length, (3) plate (i.e., flat-rolled
stainless steel products of a thickness of
4.75 mm or more), (4) flat wire (i.e.,
cold-rolled sections, with a prepared
edge, rectangular in shape, of a width of
not more than 9.5 mm), and (5) razor
blade steel. Razor blade steel is a flatrolled product of stainless steel, not
further worked than cold-rolled (coldreduced), in coils, of a width of not
more than 23 mm and a thickness of
0.266 mm or less, containing, by weight,
12.5 to 14.5 percent chromium, and
certified at the time of entry to be used
in the manufacture of razor blades. See
Chapter 72 of the HTSUS, ‘‘Additional
U.S. Note’’ 1(d).
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]]>Agencies
[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Notices]
[Pages 85230-85232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26858]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-093]
Refillable Stainless Steel Kegs From the People's Republic of
China: Preliminary Results of the Antidumping Duty Administrative
Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain producers and/or exporters made sales of
refillable stainless steel kegs (kegs) at less than normal value during
the period of review (POR) April 1, 2021, through March 31, 2022.
Interested parties are invited to comment on the preliminary results of
this review.
DATES: Applicable December 7, 2023.
FOR FURTHER INFORMATION CONTACT: Aleksandras Nakutis and Jacob Keller,
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) 482-3147 and (202)
482-4849, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 16, 2019, Commerce published in the Federal Register
the AD order on kegs from China.\1\ On December 1, 2022, Commerce
published a notice of opportunity to request an administrative review
of the Order, covering the POR, pursuant to section 751(a)(1) of the
Tariff Act of 1930, as amended (the Act).\2\ On February 2, 2023, based
on timely requests for review, Commerce initiated an administrative
review of the Order covering the POR.\3\ On March 6, 2023, Guangzhou
Ulix Industrial & Trading Co., Ltd., (Ulix) and Guangzhou Jingye
Machinery Co., Ltd., (Jingye) each timely filed a no-shipment
certification (NSC) and a separate rate certification.\4\ This
administrative review covers 41 companies.\5\
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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) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 73752 (December
1, 2022).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 7060 (February 2, 2023) (Initiation
Notice).
\4\ See Ulix's Letter, ``Separate Rate Certification,'' dated
March 6, 2023; see also Jingye's Letter, ``No Sales & Separate Rate
Certification,'' dated March 6, 2023.
\5\ See Memorandum, ``Respondent Selection,'' dated September
14, 2022.
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Scope of the Order
The merchandise covered by this 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. The merchandise covered by
the orders are currently classified in the Harmonized Tariff Schedule
of the United States (HTSUS) under subheadings 7310.10.0010,
7310.10.0050, 7310.29.0025, and 7310.29.0050. These HTSUS subheadings
are provided for convenience and customs purposes; the written
description of the scope of the orders is dispositive. A full
description of the scope of the Order is provided in the Preliminary
Decision Memorandum.\6\
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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of Refillable
Stainless Steel Kegs from the People's Republic of China; 2021-
2022,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Preliminary Results and Referral to U.S. Customs and Border Protection
Based on record information, Commerce preliminarily determine that
all 41 companies subject to this administrative review are a part of
the China-wide entity.\7\ Regarding Jingye and Ulix's NSCs, we
preliminarily determine these responses to be unreliable and that use
of facts otherwise available with an adverse inference is warranted,
pursuant to sections 776(a)-(b) of the Act, to determine that Jingye
and Ulix have not substantiated their NSCs. Moreover, for reasons
discussed in the Preliminary Decision Memorandum, Commerce is
preliminarily treating Jingye and Ulix as part of the China-wide entity
and Commerce is referring its preliminary findings to U.S. Customs and
Border Protection (CBP) to investigate evasion of the Order.
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\7\ See Appendix II.
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China-Wide Entity
Under Commerce's policy regarding the conditional review of the
China-wide entity,\8\ the China-wide entity will not be under review
unless a party specifically requests, or Commerce self-initiates, a
review of the entity. Because no party requested a review of the China-
wide entity in this review, the entity is not under review, and the
entity's rate (i.e., 77.13 percent) is not subject to change.\9\
Commerce considers the 41 companies for which a review was requested
(which did not file a separate rate application or did not demonstrate
separate rate eligibility) listed in Appendix II to this notice, to be
part of the China-wide entity.\10\
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\8\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\9\ See Order.
\10\ See Initiation Notice (``All firms listed below that wish
to qualify for separate rate status in the administrative reviews
involving NME countries must complete, as appropriate, either a
separate rate application or certification, as described below.'');
see also Appendix II for the list of companies that are subject to
this administrative review that are considered to be part of the
China-wide entity.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. For a full description of the methodology
underlying our conclusions, see the Preliminary Decision Memorandum. A
list of topics discussed in the Preliminary Decision Memorandum is
included as Appendix I to this notice. The Preliminary 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
[[Page 85231]]
version of the Preliminary Decision Memorandum can be found at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Public Comment
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs no later than 30 days after the date of publication of this
notice. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed not later than five days after the date for filing case
briefs.\11\ Interested parties who submit case briefs or rebuttal
briefs in this proceeding must submit: (1) a table of contents listing
each issue; and (2) a table of authorities.\12\
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\11\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\12\ See 19 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\13\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
summaries included in the issues and decision memorandum that will
accompany the final determination in this review. We request that
interested parties include footnotes for relevant citations in the
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\14\
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\13\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\14\ See APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the publication of this notice. Requests should contain the
party's name, address, telephone number, the number of participants,
whether any participant is a foreign national, and a list of the issues
to be discussed. If a request for a hearing is made, Commerce intends
to hold the hearing at a time and date to be determined. Parties should
confirm by telephone the date, time, and location of the hearing two
days before the scheduled date.
Unless the deadline is extended, Commerce intends to issue the
final results of this review, including the results of its analysis of
the issues raised in any written briefs, no later than 120 days after
the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h).
Assessment Rates
Upon issuing the final results, Commerce will determine, and CBP
shall assess, antidumping duties on all appropriate entries covered by
this review.\15\ If the preliminary results are unchanged for the final
results, we will instruct CBP to apply an ad valorem assessment rate of
77.13 percent to all entries of subject merchandise during the POR
which were exported by the companies considered to be a part of the
China-wide entity listed in Appendix II of this notice.
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\15\ See 19 CFR 351.212(b)(1).
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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of 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
The following cash deposit requirements will be effective upon
publication of the final results of this review for shipments of the
subject merchandise from China entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
section 751(a)(2)(C) of the Act: (1) for all Chinese exporters of
subject merchandise that have not been found to be entitled to a
separate rate, the cash deposit rate will be that for the China-wide
entity; and (2) for all non-Chinese exporters of subject merchandise
which have not received their own rate, the cash deposit rate will be
the rate applicable to the Chinese exporter that supplied that non-
Chinese exporter. These deposit requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during the POR. Failure to
comply with this requirement could result in Commerce's presumption
that reimbursement of antidumping and/or countervailing duties occurred
and the subsequent assessment of double antidumping duties, and/or an
increase in the amount of antidumping duties by the amount of the
countervailing duties.
Notification to Interested Parties
Commerce is issuing and publishing the preliminary results of this
review in accordance with sections 751(a)(1)(B), 751(a)(3) and 777(i)
of the Act, and 19 CFR 351.213(d)(4) and 351.221(b)(4).
Dated: November 30, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. No-Shipment Certifications and Referral to CBP of Evasion
V. Discussion of the Methodology
VI. Recommendation
Appendix II
Companies Considered To Be Part of the China-Wide Entity
1. Dalian Yonghseng Metal Structure Co., Ltd. d/b/a DYM Brewing
Solutions
2. Equipmentimes (Dalian) E-Commerce Co., Ltd.
3. Guangzhou Jingye Machinery Co., Ltd.
4. Guangzhou Ulix Industrial & Trading Co., Ltd.
5. Jinan Chenji International Trade Co., Ltd.
6. Jinan Chenji Machinery Equipment Co., Ltd.
7. Jinan HaoLu Machinery Equipment Co., Ltd.
8. Jinjiang Jiaxing Import and Export Co., Ltd.
9. NDL Keg Qingdao Inc.
10. Ningbo All In Brew Technology Co.
11. Ningbo BestFriends Beverage Containers Industry Co., Ltd.
12. Ningbo Chance International Trade Co., Ltd.
13. Ningbo Direct Import & Export Co., Ltd.
14. Ningbo Haishu Direct Import and Export Trade Co., Ltd.
15. Ningbo Haishu Xiangsheng Metal Factory
16. Ningbo Hefeng Container Manufacturer Co., Ltd.
17. Ningbo Hefeng Kitchen Utensils Manufacture Co., Ltd.
18. Ningbo HGM Food Machinery Co., Ltd.
19. Ningbo Jiangbei Bei Fu Industry and Trade Co., Ltd.
20. Ningbo Kegco International Trade Co., Ltd.
[[Page 85232]]
21. Ningbo Kegstorm Stainless Steel Co., Ltd.
22. Ningbo Minke Import & Export Co., Ltd.
23. Ningbo Sanfino Import & Export Co., Ltd.
24. Ningbo Shimaotong International Co., Ltd.
25. Ningbo Sunburst International Trading Co., Ltd.
26. Orient Equipment (Taizhou) Co., Ltd.
27. Penglai Jinfu Stainless Steel Products.
28. Pera Industry Shanghai Co., Ltd.
29. Qingdao Henka Precision Technology Co., Ltd.
30. Qingdao Xinhe Precision Manufacturing Co., Ltd.
31. Rain Star International Trading Dalian Co., Ltd.
32. Shandong Meto Beer Equipment Co., Ltd.
33. Shandong Tiantai Beer Equipment Co., Ltd.
34. Shandong Tonsen Equipment Co., Ltd.
35. Shandong Yuesheng Beer Equipment Co., Ltd.
36. Shenzhen Wellbom Technology Co., Ltd.
37. Sino Dragon Group, Ltd.
38. Wenzhou Deli Machinery Equipment Co.
39. Wuxi Taihu Lamps and Lanterns Co., Ltd.
40. Yantai Toptech Ltd.
41. Yantai Trano New Material Co., Ltd., d/b/a Trano Keg, d/b/a SS
Keg.
[FR Doc. 2023-26858 Filed 12-6-23; 8:45 am]
BILLING CODE 3510-DS-P
