Refillable Stainless Steel Kegs From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review and Rescission of Administrative Review, in Part; 2021, 86111-86113 [2023-27173]
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Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Notices
SUPPLEMENTARY INFORMATION:
Background
On February 6 and 8, 2019,
respectively, Commerce published the
CVD and AD orders on imports of CAAS
from China.1 On May 23, 2023, the
Aluminum Association Common Alloy
Aluminum Sheet Trade Enforcement
Working Group and its individual
members (the domestic industry) 2 filed
a circumvention inquiry request alleging
that imports of CAAS produced in
Korea by Gwangyang Aluminum,
assembled or completed using flat rolled
aluminum having a thickness greater
than 6.3 mm (aluminum plate)
produced by Henan Mingtai 3 in China,
is circumventing the Orders.4 On July
13, 2023, Commerce initiated a
circumvention inquiry regarding the
above-referenced merchandise.5 On
November 2, 2023, the domestic
industry withdrew its circumvention
inquiry request.6
Scope of the Orders
The merchandise covered by the
Orders is common alloy aluminum
ddrumheller on DSK120RN23PROD with NOTICES1
1 See
Common Alloy Aluminum Sheet from the
People’s Republic of China: Countervailing Duty
Order, 84 FR 2157 (February 6, 2019); and Common
Alloy Aluminum Sheet from the People’s Republic
of China: Antidumping Duty Order, 84 FR 2813
(February 8, 2019) (collectively, Orders).
2 The individual members of the Aluminum
Association Common Alloy Aluminum Sheet Trade
Enforcement Working Group are: Arconic
Corporation; Commonwealth Rolled Products, Inc.;
Constellium Rolled Products Ravenswood, LLC;
Jupiter Aluminum Corporation; JW Aluminum
Company; and Novelis Corporation.
3 Commerce previously determined that Henan
Mingtai and Zhengzhou Mingtai are a single entity.
See Antidumping Duty Investigation of Common
Alloy Aluminum Sheet from the People’s Republic
of China: Affirmative Preliminary Determination of
Sales at Less-Than-Fair Value, Preliminary
Affirmative Determination of Critical
Circumstances, and Postponement of Final
Determination, 83 FR 29088 (June 2022, 2018), and
accompanying Preliminary Decision Memorandum
at 19, unchanged at Antidumping Duty
Investigation of Common Alloy Aluminum Sheet
from the People’s Republic of China: Affirmative
Final Determination of Sales at Less-Than-Fair
Value, 83 FR 57421 (November 15, 2018).
Accordingly, for the purposes of this circumvention
inquiry, we considered aluminum plate produced
by Henan Mingtai and Zhengzhou Mingtai
(collectively, Mingtai) rather than aluminum plate
produced by only Henan Mingtai.
4 See Domestic Industry’s Letter, ‘‘Domestic
Industry Request for Circumvention Ruling
Pursuant to Section 781(b) of the Tariff Act of 1930,
As Amended and Scope Ruling Pursuant to 19 CFR
351.225,’’ dated May 23, 2023.
5 See Common Alloy Aluminum Sheet from the
People’s Republic of China: Initiation of
Circumvention Inquiry of the Antidumping and
Countervailing Duty Orders; Aluminum Sheet
Further Processed in the Republic of Korea, 88 FR
44779 (July 13, 2023) (Initiation Notice).
6 See Domestic Industry’s Letter, ‘‘Domestic
Industry’s Withdrawal of Request for
Circumvention Ruling Pursuant to Section 781(b) of
the Tariff Act of 1930,’’ dated November 2, 2023
(Withdrawal Request).
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18:03 Dec 11, 2023
Jkt 262001
sheet from China. For a complete
description of the scope of the Orders,
see the Initiation Checklist.7
Merchandise Subject to the
Circumvention Inquiry
The circumvention inquiry covers
CAAS produced by Gwangyang
Aluminum in Korea, assembled or
completed using flat rolled aluminum
having a thickness greater than 6.3 mm
produced by Mingtai in China, and
exported to the United States.
Rescission of Circumvention Inquiry
As noted above, the domestic industry
has withdrawn its request for a
circumvention inquiry on CAAS
produced by Gwangyang Aluminum in
Korea, assembled or completed using
flat rolled aluminum having a thickness
greater than 6.3 mm produced by
Mingtai in China, and exported to the
United States.8 Therefore, in accordance
19 CFR 351.226(f)(6)(i), Commerce finds
that it is appropriate to rescind this
circumvention inquiry in its entirety.
Suspension of Liquidation
Pursuant to 19 CFR 351.226(l)(1),
Commerce notified U.S. Customs and
Border Protection (CBP) of the initiation
of this circumvention inquiry and
directed CBP to continue the suspension
of liquidation of entries of products
subject to the circumvention inquiry
that were already subject to the
suspension of liquidation under the
Orders and to apply the cash deposit
rate that would be applicable if the
products were determined to be covered
by the scope of the Orders.9 Upon
publication of this rescission notice,
Commerce will inform CBP that
Commerce has rescinded this inquiry
and that CBP should continue to
suspend entries of common alloy
aluminum sheet from China that are
subject to the Orders at the applicable
rate(s) in effect on the date of entry until
specific liquidation instructions are
issued.
Administrative Protective Order
This notice serves as a final reminder
to parties subject to an administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
7 See Initiation Notice and accompanying
Checklist, ‘‘Circumvention Initiation Checklist,’’
dated July 7, 2023, at Attachment 1.
8 See Withdrawal Request.
9 See CBP Message 3201402, ‘‘Initiation of
Circumvention Inquiry—Antidumping and
Countervailing Duty Orders on Common Alloy
Aluminum Sheet from the People’s Republic of
China (A–570–073, C–570–074),’’ dated July 20,
2023.
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86111
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of the APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with
regulations and terms of an APO is a
violation, which is subject to sanction.
Notification to Interested Parties
This notice is issued and published in
accordance with section 781 of the
Tariff Act of 1930, as amended, and 19
CFR 351.226(f)(6).
Dated: December 5, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2023–27177 Filed 12–11–23; 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:
Preliminary Results of Countervailing
Duty Administrative Review and
Rescission of Administrative Review,
in Part; 2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that subsidies are being
provided to producers and exporters of
refillable stainless steel kegs (kegs) from
the People’s Republic of China (China)
during the period of review (POR) from
January 1, 2021, through December 31,
2021. In addition, we are rescinding the
review with respect to 40 companies.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable December 12, 2023.
FOR FURTHER INFORMATION CONTACT:
Theodore Pearson or Jacob Keller, AD/
CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2631 or (202) 482–4849,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On December 16, 2019, Commerce
published in the Federal Register the
countervailing duty order on kegs from
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86112
Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Notices
China.1 On December 1, 2022, we
published a notice of opportunity to
request an administrative review of the
Order.2 On February 2, 2023, based on
timely requests for an administrative
review, Commerce published the notice
of initiation of an administrative review
of the Order.3 On April 7, 2023,
Commerce selected Guangzhou Ulix
Industrial & Trading Co., Ltd. (Ulix) and
Ningbo Master International Trade Co.,
Ltd. (Ningbo Master) as the mandatory
respondents in this administrative
review.4 On August 14, 2023, Commerce
extended the deadline for the
preliminary results of this review until
December 1, 2023.5
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.6 A list of topics
discussed in the Preliminary Decision
Memorandum is attached as the
Appendix I to this notice. The
Preliminary Decision Memorandum is a
public document and is made available
to the public 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 Preliminary
Decision Memorandum is available at
https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Order
The products covered by the Order
are kegs from China. For a complete
description of the scope of the Order,
see the Preliminary Decision
Memorandum.7
ddrumheller on DSK120RN23PROD with NOTICES1
1 See
Refillable Stainless Steel Kegs from the
People’s Republic of China: Countervailing Duty
Order, 84 FR 68400 (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) see also
Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 15642 (March 14,
2023), correcting Initiation Notice to include an
additional company. In total, Commerce initiated
review with regard to 42 companies.
4 See Memorandum, ‘‘Respondent Selection,’’
dated April 7, 2023.
5 See Memorandum, ‘‘Extension of Deadline,’’
dated August 14, 2023.
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Countervailing Duty
Administrative Review and Rescission of Review in
Part, 2021: Refillable Stainless Steel Kegs from the
People’s Republic of China,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
7 See Preliminary Decision Memorandum.
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18:03 Dec 11, 2023
Jkt 262001
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a)(1)(A) of the Tariff
Act of 1930, as amended (the Act). For
each subsidy program found
countervailable, Commerce
preliminarily determines that there is a
subsidy, (i.e., a financial contribution by
an ‘‘authority’’ that gives rise to a
benefit to the recipient, and that the
subsidy is specific).8 For a full
description of the methodology
underlying our conclusions, including
our reliance, in part, on facts otherwise
available pursuant to sections 776(a)
and (b) of the Act, see the Preliminary
Decision Memorandum.
Rescission of Administrative Review, in
Part
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the parties that requested a
review withdraw the request within 90
days of the date of publication of the
notice of initiation. Commerce received
a timely-filed withdrawal request with
respect to all 42 companies from
American Keg Company (the
petitioner).9 Of the 42 companies,
Ningbo Master and Ulix also had other
requests for review which were not
withdrawn.10 Because the withdrawal
request from the petitioner was timely
filed, and no other parties requested a
review of the other 40 companies, in
accordance with 19 CFR 351.213(d)(1),
Commerce is rescinding this review of
the Order with respect to the 40
companies. For a complete list of the
companies, see Appendix II to this
notice.
Preliminary Results of Review
We preliminarily find the following
net countervailable subsidy rates exist
for the period January 1, 2021, through
December 31, 2021:
Subsidy rate
(percent
ad valorem)
Producer/exporter
Guangzhou Ulix Industrial &
Trading Co., Ltd ................
Ningbo Master International
Trade Co., Ltd 11 ...............
2.48
2.41
8 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.
9 See Petitioner’s Letter, ‘‘Withdrawal of Request
for Administrative Review,’’ dated May 3, 2023.
10 See Ningbo Master’s Letter, ‘‘Request for
Administrative Review,’’ dated December 23, 2022;
see also DBT Holdings LLC, dba Deutsche
Beverage’s Letter, ‘‘Request for Administrative
Review,’’ dated December 28, 2022.
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Fmt 4703
Sfmt 4703
Cash Deposit Requirements
In accordance with section
751(a)(2)(C) of the Act, Commerce also
intends upon publication of the final
results, to instruct U.S. Customs and
Border Protection (CBP) to collect cash
deposits of the estimated countervailing
duties in the amounts calculated in the
final results of this review for the
respective companies listed above with
regard to shipments of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of publication of the final
results of this review. If the rate
calculated in the final results is zero or
de minimis, no cash deposit will be
required on shipments of the subject
merchandise entered or withdrawn from
warehouse, for consumption on or after
the date of publication of the final
results of this review.
For all non-reviewed firms, CBP will
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, when imposed,
shall remain in effect until further
notice.
Assessment Rates
In accordance with section
751(a)(2)(C) of the Act and 19 CFR
351.221(b)(4)(i), we preliminarily
determined subsidy rates in the
amounts shown above for the producer/
exporters shown above. Upon
completion of the administrative
review, consistent with section 751(a)(1)
of the Act and 19 CFR 351.212(b)(2),
Commerce shall determine, and CBP
shall assess, countervailing duties on all
appropriate entries covered by this
review.
For the companies for which this
review is rescinded with these
preliminary results, we will instruct
CBP to assess countervailing duties on
all appropriate entries at a rate equal to
the cash deposit of estimated
countervailing duties required at the
time of entry, or withdrawal from
warehouse, for consumption, during the
period January 1, 2021, through
December 31, 2021, in accordance with
19 CFR 351.212(c)(l)(i). For the
companies remaining in the review, we
intend 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.
11 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.
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Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Notices
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).
Disclosure and Public Comment
We intend to disclose the calculations
performed for these preliminary results
to interested parties within five days
after the date of publication of this
notice.12 Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs
to Commerce no later than 30 days after
the date of publication of these
preliminary results of review.13 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.14 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.15
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.16 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 results in this
administrative 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).17
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
12 See
19 CFR 351.224(b).
19 CFR 351.309(c)(1)(ii).
14 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
Final Service Rule).
15 See 19 CFR 351.309(c)(2) and (d)(2).
16 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
17 See APO and Final Service Rule.
ddrumheller on DSK120RN23PROD with NOTICES1
13 See
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18:03 Dec 11, 2023
Jkt 262001
ACCESS. Requests should contain: (1)
the party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of issues to be
discussed. Issues raised in the hearing
will be limited to those raised in the
respective case briefs. An electronically
filed hearing request must be received
successfully in its entirety by
Commerce’s electronic records system,
ACCESS, by 5 p.m. Eastern Time within
30 days after the date of publication of
this notice.
Unless extended, we intend to issue
the final results of this administrative
review, which will include the results of
our analysis of the issues raised in the
case briefs, within 120 days of
publication of these preliminary results
in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(1).
Notification to Interested Parties
These preliminary results and notice
are issued and published in accordance
with sections 751(a) and 777(i)(1) of the
Act, 19 CFR 351.213 and 19 CFR
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. Partial Rescission of Administrative
Review
V. Diversification of China’s Economy
VI. Use of Faces Otherwise Available and
Application of Adverse Inferences
VII. Subsidies Valuation Information
VIII. Interest Rate, Discount Rate, Input, and
Electricity Benchmarks
IX. Analysis of Programs
X. Recommendation
Appendix II
Companies Rescinded From Review
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. Jinan Chenji International Trade Co., Ltd.
5. Jinan Chenji Machinery Equipment Co.,
Ltd.
6. Jinan HaoLu Machinery Equipment Co.,
Ltd.
7. Jinjiang Jiaxing Import and Export Co., Ltd.
8. NDL Keg Qingdao Inc.
9. Ningbo All In Brew Technology Co.
10. Ningbo Bestfriends Beverage Containers
Industry Co., Ltd.
11. Ningbo Chance International Trade Co.,
Ltd
12. Ningbo Direct Import & Export Co., Ltd.
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Fmt 4703
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86113
13. Ningbo Haishu Direct Import and Export
Trade Co., Ltd.
14. Ningbo Haishu Xiangsheng Metal Factory
15. Ningbo Hefeng Container Manufacturer
Co., Ltd.
16. Ningbo Hefeng Kitchen Utensils
Manufacture Co., Ltd.
17. Ningbo HGM Food Machinery Co., Ltd.
18. Ningbo Jiangbei Bei Fu Industry and
Trade Co., Ltd.
19. Ningbo Kegco International Trade Co.,
Ltd.
20. Ningbo Kegstorm Stainless Steel Co., Ltd.
21. Ningbo Minke Import & Export Co., Ltd.
22. Ningbo Sanfino Import & Export Co., Ltd.
23. Ningbo Shimaotong International Co.,
Ltd.
24. Ningbo Sunburst International Trading
Co., Ltd.
25. Orient Equipment (Taizhou) Co., Ltd.
26. Penglai Jinfu Stainless Steel Products
27. Pera Industry Shanghai Co., Ltd.
28. Qingdao Henka Precision Technology
Co., Ltd.
29. Qingdao Xinhe Precision Manufacturing
Co., Ltd.
30. Rain Star International Trading Dalian
Co., Ltd.
31. Shandong Meto Beer Equipment Co., Ltd.
32. Shandong Tiantai Beer Equipment Co.,
Ltd.
33. Shandong Tonsen Equipment Co., Ltd.
34. Shandong Yuesheng Beer Equipment Co.,
Ltd.
35. Shenzhen Wellbom Technology Co., Ltd.
36. Sino Dragon Group, Ltd.
37. Wenzhou Deli Machinery Equipment Co.
38. Wuxi Taihu Lamps and Lanterns Co., Ltd.
39. Yantai Toptech Ltd.
40. Yantai Trano New Material Co., Ltd.,
d/b/a Trano Keg, d/b/a SS Keg
[FR Doc. 2023–27173 Filed 12–11–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–878]
Certain Corrosion-Resistant Steel
Products From the Republic of Korea:
Final Results of Antidumping Duty
Administrative Review; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
Dongkuk Coated Metal Co., Ltd.
(Dongkuk) and certain companies not
selected for individual examination
made sales of subject merchandise in
the United States at prices below normal
value (NV) during the period of review
(POR) July 1, 2021, through June 30,
2022. In addition, Commerce
determines that Hyundai Steel Company
(Hyundai) did not make sales of subject
merchandise in the United States at
prices below NV during the POR.
DATES: Applicable December 12, 2023.
AGENCY:
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Agencies
[Federal Register Volume 88, Number 237 (Tuesday, December 12, 2023)]
[Notices]
[Pages 86111-86113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27173]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-094]
Refillable Stainless Steel Kegs From the People's Republic of
China: Preliminary Results of Countervailing Duty Administrative Review
and Rescission of Administrative Review, in Part; 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that subsidies are being provided to producers and exporters
of refillable stainless steel kegs (kegs) from the People's Republic of
China (China) during the period of review (POR) from January 1, 2021,
through December 31, 2021. In addition, we are rescinding the review
with respect to 40 companies. Interested parties are invited to comment
on these preliminary results.
DATES: Applicable December 12, 2023.
FOR FURTHER INFORMATION CONTACT: Theodore Pearson or Jacob Keller, AD/
CVD Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2631 or (202) 482-4849,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 16, 2019, Commerce published in the Federal Register
the countervailing duty order on kegs from
[[Page 86112]]
China.\1\ On December 1, 2022, we published a notice of opportunity to
request an administrative review of the Order.\2\ On February 2, 2023,
based on timely requests for an administrative review, Commerce
published the notice of initiation of an administrative review of the
Order.\3\ On April 7, 2023, Commerce selected Guangzhou Ulix Industrial
& Trading Co., Ltd. (Ulix) and Ningbo Master International Trade Co.,
Ltd. (Ningbo Master) as the mandatory respondents in this
administrative review.\4\ On August 14, 2023, Commerce extended the
deadline for the preliminary results of this review until December 1,
2023.\5\
---------------------------------------------------------------------------
\1\ See Refillable Stainless Steel Kegs from the People's
Republic of China: Countervailing Duty Order, 84 FR 68400 (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) see also Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 15642 (March 14, 2023), correcting
Initiation Notice to include an additional company. In total,
Commerce initiated review with regard to 42 companies.
\4\ See Memorandum, ``Respondent Selection,'' dated April 7,
2023.
\5\ See Memorandum, ``Extension of Deadline,'' dated August 14,
2023.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\6\
A list of topics discussed in the Preliminary Decision Memorandum is
attached as the Appendix I to this notice. The Preliminary Decision
Memorandum is a public document and is made available to the public 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 Preliminary Decision Memorandum is available at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Countervailing Duty Administrative Review and Rescission
of Review in Part, 2021: Refillable Stainless Steel Kegs from the
People's Republic of China,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the Order are kegs from China. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.\7\
---------------------------------------------------------------------------
\7\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the
Act). For each subsidy program found countervailable, Commerce
preliminarily determines that there is a subsidy, (i.e., a financial
contribution by an ``authority'' that gives rise to a benefit to the
recipient, and that the subsidy is specific).\8\ For a full description
of the methodology underlying our conclusions, including our reliance,
in part, on facts otherwise available pursuant to sections 776(a) and
(b) of the Act, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\8\ 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.
---------------------------------------------------------------------------
Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. Commerce received a timely-
filed withdrawal request with respect to all 42 companies from American
Keg Company (the petitioner).\9\ Of the 42 companies, Ningbo Master and
Ulix also had other requests for review which were not withdrawn.\10\
Because the withdrawal request from the petitioner was timely filed,
and no other parties requested a review of the other 40 companies, in
accordance with 19 CFR 351.213(d)(1), Commerce is rescinding this
review of the Order with respect to the 40 companies. For a complete
list of the companies, see Appendix II to this notice.
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\9\ See Petitioner's Letter, ``Withdrawal of Request for
Administrative Review,'' dated May 3, 2023.
\10\ See Ningbo Master's Letter, ``Request for Administrative
Review,'' dated December 23, 2022; see also DBT Holdings LLC, dba
Deutsche Beverage's Letter, ``Request for Administrative Review,''
dated December 28, 2022.
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Preliminary Results of Review
We preliminarily find the following net countervailable subsidy
rates exist for the period January 1, 2021, through December 31, 2021:
------------------------------------------------------------------------
Subsidy rate
Producer/exporter (percent ad
valorem)
------------------------------------------------------------------------
Guangzhou Ulix Industrial & Trading Co., Ltd............ 2.48
Ningbo Master International Trade Co., Ltd \11\......... 2.41
------------------------------------------------------------------------
Cash Deposit Requirements
In accordance with section 751(a)(2)(C) of the Act, Commerce also
intends upon publication of the final results, to instruct U.S. Customs
and Border Protection (CBP) to collect cash deposits of the estimated
countervailing duties in the amounts calculated in the final results of
this review for the respective companies listed above with regard to
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this review. If the rate calculated in the final results is
zero or de minimis, no cash deposit will be required on shipments of
the subject merchandise entered or withdrawn from warehouse, for
consumption on or after the date of publication of the final results of
this review.
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\11\ 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.
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For all non-reviewed firms, CBP will 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, when imposed, shall
remain in effect until further notice.
Assessment Rates
In accordance with section 751(a)(2)(C) of the Act and 19 CFR
351.221(b)(4)(i), we preliminarily determined subsidy rates in the
amounts shown above for the producer/exporters shown above. Upon
completion of the administrative review, consistent with section
751(a)(1) of the Act and 19 CFR 351.212(b)(2), Commerce shall
determine, and CBP shall assess, countervailing duties on all
appropriate entries covered by this review.
For the companies for which this review is rescinded with these
preliminary results, we will instruct CBP to assess countervailing
duties on all appropriate entries at a rate equal to the cash deposit
of estimated countervailing duties required at the time of entry, or
withdrawal from warehouse, for consumption, during the period January
1, 2021, through December 31, 2021, in accordance with 19 CFR
351.212(c)(l)(i). For the companies remaining in the review, we intend
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.
[[Page 86113]]
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).
Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results to interested parties within five days after the
date of publication of this notice.\12\ Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs to Commerce no later than 30
days after the date of publication of these preliminary results of
review.\13\ 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.\14\ 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.\15\
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\12\ See 19 CFR 351.224(b).
\13\ See 19 CFR 351.309(c)(1)(ii).
\14\ 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 Final Service Rule).
\15\ See 19 CFR 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.\16\ 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 results in this administrative 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).\17\
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\16\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\17\ See APO and Final Service Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. An electronically filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time
within 30 days after the date of publication of this notice.
Unless extended, we intend to issue the final results of this
administrative review, which will include the results of our analysis
of the issues raised in the case briefs, within 120 days of publication
of these preliminary results in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Notification to Interested Parties
These preliminary results and notice are issued and published in
accordance with sections 751(a) and 777(i)(1) of the Act, 19 CFR
351.213 and 19 CFR 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. Partial Rescission of Administrative Review
V. Diversification of China's Economy
VI. Use of Faces Otherwise Available and Application of Adverse
Inferences
VII. Subsidies Valuation Information
VIII. Interest Rate, Discount Rate, Input, and Electricity
Benchmarks
IX. Analysis of Programs
X. Recommendation
Appendix II
Companies Rescinded From Review
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. Jinan Chenji International Trade Co., Ltd.
5. Jinan Chenji Machinery Equipment Co., Ltd.
6. Jinan HaoLu Machinery Equipment Co., Ltd.
7. Jinjiang Jiaxing Import and Export Co., Ltd.
8. NDL Keg Qingdao Inc.
9. Ningbo All In Brew Technology Co.
10. Ningbo Bestfriends Beverage Containers Industry Co., Ltd.
11. Ningbo Chance International Trade Co., Ltd
12. Ningbo Direct Import & Export Co., Ltd.
13. Ningbo Haishu Direct Import and Export Trade Co., Ltd.
14. Ningbo Haishu Xiangsheng Metal Factory
15. Ningbo Hefeng Container Manufacturer Co., Ltd.
16. Ningbo Hefeng Kitchen Utensils Manufacture Co., Ltd.
17. Ningbo HGM Food Machinery Co., Ltd.
18. Ningbo Jiangbei Bei Fu Industry and Trade Co., Ltd.
19. Ningbo Kegco International Trade Co., Ltd.
20. Ningbo Kegstorm Stainless Steel Co., Ltd.
21. Ningbo Minke Import & Export Co., Ltd.
22. Ningbo Sanfino Import & Export Co., Ltd.
23. Ningbo Shimaotong International Co., Ltd.
24. Ningbo Sunburst International Trading Co., Ltd.
25. Orient Equipment (Taizhou) Co., Ltd.
26. Penglai Jinfu Stainless Steel Products
27. Pera Industry Shanghai Co., Ltd.
28. Qingdao Henka Precision Technology Co., Ltd.
29. Qingdao Xinhe Precision Manufacturing Co., Ltd.
30. Rain Star International Trading Dalian Co., Ltd.
31. Shandong Meto Beer Equipment Co., Ltd.
32. Shandong Tiantai Beer Equipment Co., Ltd.
33. Shandong Tonsen Equipment Co., Ltd.
34. Shandong Yuesheng Beer Equipment Co., Ltd.
35. Shenzhen Wellbom Technology Co., Ltd.
36. Sino Dragon Group, Ltd.
37. Wenzhou Deli Machinery Equipment Co.
38. Wuxi Taihu Lamps and Lanterns Co., Ltd.
39. Yantai Toptech Ltd.
40. Yantai Trano New Material Co., Ltd., d/b/a Trano Keg, d/b/a SS
Keg
[FR Doc. 2023-27173 Filed 12-11-23; 8:45 am]
BILLING CODE 3510-DS-P