Refillable Stainless Steel Kegs From the People's Republic of China: Final Results of the Antidumping Duty Administrative Review; 2021-2022, 25564-25566 [2024-07671]
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25564
Federal Register / Vol. 89, No. 71 / Thursday, April 11, 2024 / Notices
(AD) orders on fine denier polyester
staple fiber (fine denier PSF) from the
People’s Republic of China (China),
India, the Republic of Korea (Korea),
and Taiwan and countervailing duty
(CVD) orders on fine denier PSF from
China and India would likely lead to
continuation or recurrence of dumping
and net countervailable subsidies, and
material injury to an industry in the
United States, Commerce is publishing
this notice of continuation of these AD
and CVD orders.
DATES: Applicable April 5, 2024.
FOR FURTHER INFORMATION CONTACT:
Luke Caruso or Thomas Martin, AD/
CVD Operations, Office IV, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2081 or (202) 482–3936,
respectively.
SUPPLEMENTARY INFORMATION:
khammond on DSKJM1Z7X2PROD with NOTICES
Background
On March 16, 2018, Commerce
published in the Federal Register the
CVD orders on fine denier PSF from
China and India.1 On July 20, 2018,
Commerce published in the Federal
Register the AD orders on fine denier
PSF from China, India, Korea, and
Taiwan.2 On February 1, 2023, the ITC
instituted,3 and Commerce initiated,4
the first sunset reviews of the AD Orders
and CVD 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 AD Orders and CVD
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 AD Orders and CVD Orders
be revoked.5
1 See Fine Denier Polyester Staple Fiber from the
People’s Republic of China and India: Amended
Final Affirmative Countervailing Duty
Determination for the People’s Republic of China
and Countervailing Duty Orders for the People’s
Republic of China and India, 83 FR 11681 (March
16, 2018) (collectively, CVD Orders).
2 See Fine Denier Polyester Staple Fiber from the
People’s Republic of China, India, the Republic of
Korea, and Taiwan: Antidumping Duty Orders, 83
FR 34545 (July 20, 2018) (collectively, AD Orders).
3 See Fine Denier Polyester Staple Fiber from
China, India, South Korea, and Taiwan; Institution
of Five-Year Reviews, 88 FR 6790 (February 1,
2023).
4 See Initiation of Five-Year (Sunset) Reviews, 88
FR 6700 (February 1, 2023).
5 See Fine Denier Polyester Staple Fiber from the
People’s Republic of China, India, the Republic of
South Korea, and Taiwan: Final Results of
Expedited First Sunset Reviews of the Antidumping
Duty Orders, 88 FR 37512 (June 8, 2023); see also
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On April 5, 2024, the ITC published
its determination, pursuant to section
751(c) of the Act, that revocation of the
AD Orders and CVD Orders would
likely lead to continuation or recurrence
of material injury to an industry in the
United States within a reasonably
foreseeable time.6
Scope of the AD Orders and CVD
Orders
The merchandise covered by the AD
Orders and CVD Orders is fine denier
polyester staple fiber (fine denier PSF),
not carded or combed, measuring less
than 3.3 decitex (3 denier) in diameter.
The scope covers all fine denier PSF,
whether coated or uncoated. The
following products are excluded from
the scope:
(1) PSF equal to or greater than 3.3
decitex (more than 3 denier, inclusive)
currently classifiable under Harmonized
Tariff Schedule of the United States
(HTSUS) subheadings 5503.20.0045 and
5503.20.0065.
(2) Low-melt PSF defined as a bicomponent polyester fiber having a
polyester fiber component that melts at
a lower temperature than the other
polyester fiber component, which is
currently classifiable under HTSUS
subheading 5503.20.0015.
Fine denier PSF is classifiable under
the HTSUS subheading 5503.20.0025.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of these AD Orders and CVD
Orders is dispositive.
Continuation of the AD Orders and
CVD Orders
As a result of the determinations by
Commerce and the ITC that revocation
of the AD Orders and the CVD Orders
would likely lead to continuation or
recurrence of dumping, countervailable
subsidies, and material injury to an
industry in the United States, pursuant
to section 751(d)(2) of the Act and 19
CFR 351.218(a), Commerce hereby
orders the continuation of the AD
Orders and the CVD Orders. U.S.
Customs and Border Protection will
continue to collect AD and CVD cash
deposits at the rates in effect at the time
of entry for all imports of subject
merchandise.
Fine Denier Polyester Staple Fiber from the People’s
Republic of China: Final Results of the Expedited
First Sunset Review of the Countervailing Duty
Order, 88 FR 36278 (June 2, 2023); Fine Denier
Polyester Staple Fiber from India: Final Results of
the Expedited First Sunset Review of the
Countervailing Duty Order, 88 FR 37513 (June 8,
2023).
6 See Fine Denier Polyester Staple Fiber From
China, India, South Korea, and Taiwan, 89 FR
24033 (April 5, 2024).
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The effective date of the continuation
of the AD Orders and CVD Orders will
be April 5, 2024.7 Pursuant to section
751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to
initiate the next sunset review of the AD
Orders and the CVD Orders not later
than 30 days prior to the fifth
anniversary of the effective date of
continuation.
Notification to Interested Parties
These five-year (sunset) reviews and
this notice are in accordance with
sections 751(c) and 751(d)(2) of the Act
and published in accordance with
section 777(i)(1) of the Act and 19 CFR
351.218(f)(4).
Dated: April 5, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
[FR Doc. 2024–07692 Filed 4–10–24; 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: Final
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) determines that
Guangzhou Jingye Machinery Co., Ltd.
(Jingye), Guangzhou Ulix Industrial &
Trading Co., Ltd. (Ulix), and the
remaining 39 companies for which the
administrative review was initiated, are
not eligible for separate rates and are
therefore, part of the People’s Republic
of China (China)-wide entity. The
period of review (POR) is December 1,
2021, through November 30, 2022.
DATES: Applicable April 11, 2024.
FOR FURTHER INFORMATION CONTACT:
Aleksandras Nakutis or 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:
7 Id.
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11APN1
Federal Register / Vol. 89, No. 71 / Thursday, April 11, 2024 / Notices
Background
On December 7, 2023, Commerce
published in the Federal Register the
preliminary results of the administrative
review of the antidumping duty order
on refillable stainless steel kegs from
China and invited interested parties to
comment.1 For a complete description
of the events that occurred since
Commerce published the Preliminary
Results, see the Issues and Decision
Memorandum.2 Commerce conducted
this review in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the Act).
Scope of the Order 3
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 Order are currently
classified in the Harmonized Tariff
Schedule of the United States (HTSUS)
under subheadings 7310.10.0010,
7310.10.0050, 7310.29.0025, and
7310.29.0050. These HTSUS
subheadings are provided for
convenience and customs purposes; the
written description of the scope of the
Order is dispositive. A full description
of the scope of the Order is provided in
the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the briefs filed by
interested parties are addressed in the
Issues and Decision Memorandum and
are listed in Appendix I to this notice.
The Issues and Decision Memorandum
is a public document and is on file
electronically via Enforcement and
khammond on DSKJM1Z7X2PROD with NOTICES
1 See
Refillable Stainless Steel Kegs from the
People’s Republic of China: Preliminary Results of
the Antidumping Duty Administrative Review;
2021–2022, 88 FR 85230 (December 7, 2023)
(Preliminary Results), and accompanying
Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final 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 (Issues and
Decision Memorandum).
3 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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Jkt 262001
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.
Final Results and Referral to U.S.
Customs and Border Protection
Based on record information,
Commerce determines that all 41
companies subject to this administrative
review are a part of the China-wide
entity.4 For reasons discussed in the
Issues Decision Memorandum,
Commerce is treating Ulix and Jingye as
part of the China-wide entity, and
Commerce referred its findings to U.S.
Customs and Border Protection (CBP) to
investigate potential evasion of the
Order.
China-Wide Entity
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.5
Assessment Rates
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of 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).6 Commerce will
instruct CBP to apply an ad valorem
assessment rate of 63.60 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.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
4 See
Appendix II.
Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
7060 (February 2, 2023) (‘‘All firms listed below
that wish to qualify for separate rate status in the
administrative reviews involving {non-market
economy} 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 Chinawide entity.
6 See 19 CFR 351.212(b)(1).
5 See
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25565
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 any previously
investigated or reviewed Chinese or
non-Chinese exporter that has a separate
rate, the cash deposit rate will continue
to be the exporter’s existing cash deposit
rate; (2) for all Chinese exporters of
subject merchandise that have not been
found to be entitled to a separate rate
and identified in Appendix II of this
notice, the cash deposit rate will be that
for the China-wide entity (i.e., 63.60
percent); and (3) 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(s)
that supplied that non-Chinese exporter.
These cash deposit requirements, when
imposed, 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
return or destruction of proprietary
information disclosed under APO in
accordance 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 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 Importers
This notice also serves as a final
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 this 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 countervailing duties.
Notification to Interested Parties
We are issuing and publishing these
final results of review in accordance
with sections 751(a)(l) and 777(i) of the
Act, and 19 CFR 351.213(h)(1) and
351.221(b)(5).
E:\FR\FM\11APN1.SGM
11APN1
25566
Federal Register / Vol. 89, No. 71 / Thursday, April 11, 2024 / Notices
Dated: April 4, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
Appendix I—List of Topics Discussed in
the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Whether Jingye’s and Ulix’s
Information Is Reliable to Determine No
Shipments
Comment 2: Whether Commerce Should
Grant Jingye and Ulix a Separate Rate
V. Recommendation
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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.
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.,
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16:50 Apr 10, 2024
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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. 2024–07671 Filed 4–10–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–028]
Hydrofluorocarbon Blends From the
People’s Republic of China: Amended
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) is amending the
final results of the administrative review
of the antidumping duty order on
hydrofluorocarbon blends (HFC blends)
from the People’s Republic of China
(China) to correct ministerial errors.
Based on the amended final results, we
find that the sole mandatory
respondent, Zhejiang Sanmei Chemical
Industry Co., Ltd. (Sanmei) sold HFC
blends in the United States at less than
normal value (NV) during the period of
review (POR) August 1, 2021, through
July 31, 2022.
DATES: Applicable April 11, 2024.
FOR FURTHER INFORMATION CONTACT: Jerry
Xiao, AD/CVD Operations, Office II,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2273.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On March 8, 2024, Commerce
published in the Federal Register the
final results of the 2021–2022
administrative review of the AD order
on HFC blends from China.1 On March
6, 2024, Commerce disclosed its
calculations and provided interested
parties with the opportunity to submit
ministerial error comments.2 On March
8 and 11, 2024, Sanmei, the sole
mandatory respondent in this
1 See Hydrofluorocarbon Blends from the People’s
Republic of China: Final Results of Antidumping
Duty Administrative Review; 2021–2022, 89 FR
16726 (March 8, 2024) (Final Results), and
accompanying Issues and Decision Memorandum.
2 See Memorandum, ‘‘Deadline to Submit
Ministerial Error Allegations,’’ dated March 6, 2024.
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administrative review and the American
HFC Coalition (the petitioner),
respectively, timely submitted
allegations of ministerial errors in the
Final Results.3 On March 13, 2024, the
petitioner submitted rebuttal comments
regarding Sanmei’s ministerial error
allegation.4 Commerce is amending the
Final Results to correct these ministerial
errors.
Legal Framework
A ministerial error, as defined in
section 751(h) of the Tariff Act of 1930,
as amended (the Act), includes ‘‘errors
in addition, subtraction, or other
arithmetic function, clerical errors
resulting from inaccurate copying,
duplication, or the like, and any other
type of unintentional error which the
administering authority considers
ministerial.’’ 5 With respect to final
results of administrative reviews, 19
CFR 351.224(e) provides that Commerce
‘‘will analyze any comments received
and, if appropriate, correct any
ministerial error by amending . . . the
final results of review.’’
Ministerial Error
Commerce determined that it made
inadvertent errors within the meaning of
section 751(h) of the Act and 19 CFR
351.224(f) with respect to certain
calculations regarding the following: (1)
a surrogate freight cost for a utility
input; (2) the resulting total value of that
input; and (3) the value of
perchloroethylene, an input used to
make HFC blends. Accordingly, we
determine, in accordance with section
751(h) of the Act and 19 CFR 351.224(f),
that we made ministerial errors in the
Final Results. Pursuant to 19 CFR
351.224(e), we are amending the Final
Results to correct these errors. These
corrections result in a change to
Sanmei’s weighted-average dumping
margin. For a complete description and
analysis of the specific inadvertent
errors and a discussion of the
ministerial error allegations, see the
accompanying Ministerial Error
Allegation Memorandum.6 The
Ministerial Error Allegation
3 See Sanmei’s Letter, ‘‘Zhejiang Sanmei’s
Ministerial Error Comments,’’ dated March 8, 2024;
see also Petitioner’s Letter, ‘‘HFC Coalition’s
Ministerial Error Allegation,’’ dated March 11,
2024.
4 See Petitioner’s Letter, ‘‘HFC Coalition’s
Rebuttal to Sanmei’s Ministerial Error Allegation,’’
dated March 13, 2024.
5 See 19 CFR 351.224(f).
6 See Memorandum, ‘‘Administrative Review of
the Antidumping Duty Order on Hydrofluorocarbon
Blends from the People’s Republic of China; 2021–
2022: Ministerial Error Allegation in the Final
Results,’’ dated concurrently with this notice
(Ministerial Error Allegation Memorandum).
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11APN1
Agencies
[Federal Register Volume 89, Number 71 (Thursday, April 11, 2024)]
[Notices]
[Pages 25564-25566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07671]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-093]
Refillable Stainless Steel Kegs From the People's Republic of
China: Final 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) determines that
Guangzhou Jingye Machinery Co., Ltd. (Jingye), Guangzhou Ulix
Industrial & Trading Co., Ltd. (Ulix), and the remaining 39 companies
for which the administrative review was initiated, are not eligible for
separate rates and are therefore, part of the People's Republic of
China (China)-wide entity. The period of review (POR) is December 1,
2021, through November 30, 2022.
DATES: Applicable April 11, 2024.
FOR FURTHER INFORMATION CONTACT: Aleksandras Nakutis or 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:
[[Page 25565]]
Background
On December 7, 2023, Commerce published in the Federal Register the
preliminary results of the administrative review of the antidumping
duty order on refillable stainless steel kegs from China and invited
interested parties to comment.\1\ For a complete description of the
events that occurred since Commerce published the Preliminary Results,
see the Issues and Decision Memorandum.\2\ Commerce conducted this
review in accordance with section 751(a) of the Tariff Act of 1930, as
amended (the Act).
---------------------------------------------------------------------------
\1\ See Refillable Stainless Steel Kegs from the People's
Republic of China: Preliminary Results of the Antidumping Duty
Administrative Review; 2021-2022, 88 FR 85230 (December 7, 2023)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final 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 (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order 3
---------------------------------------------------------------------------
\3\ 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).
---------------------------------------------------------------------------
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 Order are currently classified in the Harmonized Tariff Schedule of
the United States (HTSUS) under subheadings 7310.10.0010, 7310.10.0050,
7310.29.0025, and 7310.29.0050. These HTSUS subheadings are provided
for convenience and customs purposes; the written description of the
scope of the Order is dispositive. A full description of the scope of
the Order is provided in the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the briefs filed by interested parties are
addressed in the Issues and Decision Memorandum and are listed in
Appendix I 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.
Final Results and Referral to U.S. Customs and Border Protection
Based on record information, Commerce determines that all 41
companies subject to this administrative review are a part of the
China-wide entity.\4\ For reasons discussed in the Issues Decision
Memorandum, Commerce is treating Ulix and Jingye as part of the China-
wide entity, and Commerce referred its findings to U.S. Customs and
Border Protection (CBP) to investigate potential evasion of the Order.
---------------------------------------------------------------------------
\4\ See Appendix II.
---------------------------------------------------------------------------
China-Wide Entity
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.\5\
---------------------------------------------------------------------------
\5\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 7060 (February 2, 2023) (``All firms
listed below that wish to qualify for separate rate status in the
administrative reviews involving {non-market economy{time}
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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Assessment Rates
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of
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).\6\ Commerce will instruct CBP to apply an ad
valorem assessment rate of 63.60 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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\6\ See 19 CFR 351.212(b)(1).
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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 any previously investigated or
reviewed Chinese or non-Chinese exporter that has a separate rate, the
cash deposit rate will continue to be the exporter's existing cash
deposit rate; (2) for all Chinese exporters of subject merchandise that
have not been found to be entitled to a separate rate and identified in
Appendix II of this notice, the cash deposit rate will be that for the
China-wide entity (i.e., 63.60 percent); and (3) 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(s) that supplied that non-Chinese exporter. These cash deposit
requirements, when imposed, 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 return or destruction of proprietary information
disclosed under APO in accordance 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 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 Importers
This notice also serves as a final 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 this 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
countervailing duties.
Notification to Interested Parties
We are issuing and publishing these final results of review in
accordance with sections 751(a)(l) and 777(i) of the Act, and 19 CFR
351.213(h)(1) and 351.221(b)(5).
[[Page 25566]]
Dated: April 4, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Whether Jingye's and Ulix's Information Is Reliable
to Determine No Shipments
Comment 2: Whether Commerce Should Grant Jingye and Ulix a
Separate Rate
V. 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.
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. 2024-07671 Filed 4-10-24; 8:45 am]
BILLING CODE 3510-DS-P