[Federal Register Volume 84, Number 160 (Monday, August 19, 2019)]
[Notices]
[Pages 42894-42896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17767]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-849]
Refillable Stainless Steel Kegs From Mexico: Final Affirmative
Determination of Sales at Less Than Fair Value and Final Affirmative
Determination of Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
refillable stainless steel kegs (kegs) from Mexico are being, or are
likely to be, sold in the United States at less than fair value (LTFV).
The period of investigation (POI) is July 1, 2017 through June 30,
2018. The final estimated dumping margins of sales at LTFV are shown in
the ``Final Determination'' section of this notice.
DATES: Applicable August 19, 2019.
FOR FURTHER INFORMATION CONTACT: Allison Hollander or Minoo Hatten,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-2805 or (202) 482-1690, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 4, 2019, Commerce published the Preliminary Determination
of this LTFV investigation in which Commerce found that kegs from
Mexico were sold at LTFV.\1\ On May 2, 2019, Commerce published the
Preliminary Critical Circumstances Determination in which Commerce
found that critical circumstances exist for imports of kegs from
Mexico.\2\ We invited interested parties to comment on both
determinations in the Preliminary Determination. We received no
comments from interested parties.
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\1\ See Refillable Stainless Steel Kegs From Mexico: Preliminary
Affirmative Determination of Sales at Less Than Fair Value, 84 FR
25738 (June 4, 2019) (Preliminary Determination).
\2\ See Antidumping Duty Investigation on Refillable Stainless
Steel Kegs From Mexico: Preliminary Affirmative Determination of
Critical Circumstances, 84 FR 18796 (May 2, 2019) (Preliminary
Critical Circumstances Determination).
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Scope of the Investigation
The products covered by this investigation are refillable stainless
steel kegs from Mexico. For a complete description of the scope of this
investigation, see the appendix to this notice.
Scope Comments
On March 29, 2019, we issued a Preliminary Scope Decision
Memorandum.\3\ The scope case briefs were due on May 6, 2019.\4\ We did
not receive scope case briefs from interested parties. Therefore,
Commerce has made no changes to the scope of this investigation since
the Preliminary Determination.
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\3\ See Memorandum, ``Refillable Stainless Steel Kegs from the
People's Republic of China, Germany, and Mexico: Scope Comments
Decision Memorandum for the Preliminary Determinations,'' dated
March 29, 2019 (Preliminary Scope Decision Memorandum).
\4\ The scope case briefs were due 30 days after the publication
of Refillable Stainless Steel Kegs from the People's Republic of
China: Preliminary Affirmative Countervailing Duty Determination and
Alignment of Final Determination With Final Antidumping Duty
Determination, 84 FR 13634 (April 5, 2019). See Preliminary Scope
Decision Memorandum at 5. Because the deadline fell on Sunday, May
5, 2019, the actual deadline for the scope case briefs was Monday,
May 6, 2019. See 19 CFR 351.303(b)(1) (``For both electronically
filed and manually filed documents, if the applicable due date falls
on a non-business day, the Secretary will accept documents that are
filed on the next business day.''). The deadline for scope rebuttal
briefs was Monday, May 13, 2019.
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Verification
Because the mandatory respondent in this investigation did not
provide the information requested, Commerce did not conduct
verification.\5\
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\5\ See Preliminary Determination, 84 FR at 25740.
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Analysis of Comments Received
As stated above, we did not receive comments in response to the
Preliminary Determination. For the final determination, Commerce has
made no changes to the Preliminary Determination.
Use of Adverse Facts Available
We continue to find, as stated in the Preliminary Determination,
that THIELMANN Mexico S.A. de C.V. (THIELMANN), Portinox Mexico S.A. de
C.V. (Portinox), and Geodis Wilson Mexico S.A. de C.V. (Geodis Wilson)
withheld requested information, failed to provide information by the
specified deadlines, and significantly impeded the proceeding, pursuant
to section
[[Page 42895]]
776(a) of the Tariff Act of 1930, as amended (the Act).\6\ Further, we
continue to find that THIELMANN, Portinox, and Geodis Wilson failed to
cooperate to the best of their abilities to comply with our requests
for information, and, accordingly, we continue to apply an adverse
inference when selecting from among the facts otherwise available to
determine the relevant dumping margins, in accordance with section
776(b) of the Act.\7\ We further continue to select the only dumping
margin alleged in the Petition \8\ as the rate applicable to THIELMANN,
Portinox, and Geodis Wilson.\9\
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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of
Refillable Stainless Steel Kegs from Mexico,'' dated May 28, 2019
(Preliminary Decision Memorandum) at 5-7.
\7\ Id.
\8\ See Petitioner's Letter, ``Petitions for the Imposition of
Antidumping Duties on Imports of Refillable Stainless Steel Kegs
from Germany, Mexico, and the People's Republic of China and
Countervailing Duties on Imports of Refillable Stainless Steel Kegs
from the People's Republic of China,'' dated September 20, 2018
(Petition), at 11; see also Petitioner's Letter, ``Supplement to the
Petition for the Imposition of Antidumping Duties on Imports of
Refillable Stainless Steel Kegs from Mexico: Response to the
Department's Supplemental Questions,'' dated October 2, 2018 (Third
Supplement to the Petition), at 6.
\9\ See Preliminary Decision Memorandum at 7.
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Final Affirmative Determination of Critical Circumstances
In accordance with section 733(e) of the Act and 19 CFR 351.206, we
preliminarily determined that critical circumstances exist with respect
to the mandatory respondent, THIELMANN, and all other companies.\10\ As
stated above, Commerce did not receive any comments in response to the
preliminary determination. Thus, for this final determination, we find
that, in accordance with section 735(a)(3) of the Act and 19 CFR
351.206, critical circumstances exist for imports of kegs from Mexico
exported by THIELMANN and imports of kegs from Mexico produced and/or
exported by all other companies.
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\10\ For a full description of the methodology and results of
Commerce's critical circumstances analysis, see Preliminary Critical
Circumstances Determination.
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All-Others Rate
As discussed in the Preliminary Determination, we continue to
assign the dumping margin alleged in the Petition\11\ and selected as
the dumping margin for the sole mandatory respondent, THIELMANN, as the
all-others rate applicable to all exporters and/or producers not
individually examined.\12\
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\11\ See Petition at 11; see also Third Supplement to the
Petition at 6.
\12\ For a full description of the methodology underlying
Commerce's analysis, see Preliminary Decision Memorandum.
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Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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THIELMANN Mexico S.A. de C.V................................ 18.48
Portinox Mexico S.A. de C.V................................. 18.48
Geodis Wilson Mexico S.A. de C.V............................ 18.48
All Others.................................................. 18.48
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Continuation of Suspension of Liquidation
For entries made by THIELMANN and all other companies, in
accordance with section 735(c)(4)(A) of the Act, because we continue to
find that critical circumstances exist with respect to THIELMANN and
all other producers and/or exporters, we will instruct U.S. Customs and
Border Protection (CBP) to continue to suspend liquidation of any
unliquidated entries of shipments of subject merchandise which were
entered, or withdrawn from warehouse, for consumption on or after March
6, 2019, which is 90 days prior to the publication of the Preliminary
Determination.
Pursuant to section 735(c)(l) of the Act and 19 CFR 351.210(d),
Commerce will instruct CBP to require cash deposits equal to the
weighted-average dumping margins indicated in the table above as
follows: (1) The cash deposit rate for the respondents listed above
will be equal to the company-specific estimated weighted-average
dumping margins determined in this final determination; (2) if the
exporter is not a respondent identified above, but the producer is,
then the cash deposit rate will be equal to the company-specific
estimated weighted-average dumping margin established for that producer
of the subject merchandise; and (3) the cash deposit rate for all other
producers and exporters will be 18.48 percent, the all-others estimated
weighted-average dumping margin. These suspension of liquidation and
cash deposit instructions will remain in effect until further notice.
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a final determination within five days of
any public announcement or, if there is no public announcement, within
five days of the date of publication of the notice of final
determination in the Federal Register, in accordance with 19 CFR
351.224(b). However, because Commerce applied adverse facts available
(AFA) to the individually examined company THIELMANN, as well as to
Portinox and Geodis Wilson, in this investigation, in accordance with
section 776 of the Act, and the applied AFA rate is based solely on the
Petition, there are no calculations to disclose.
International Trade Commission (ITC) Notification
In accordance with section 735(d) of the Act, Commerce will notify
the ITC of its final affirmative determination of sales at LTFV.
Because the final determination in this proceeding is affirmative, in
accordance with section 735(b)(2) of the Act, the ITC will make its
final determination as to whether the domestic industry in the United
States is materially injured, or threatened with material injury, by
reason of imports of kegs from Mexico no later than 45 days after our
final determination. If the ITC determines that material injury or
threat of material injury does not exist, the proceeding will be
terminated and all cash deposits will be refunded. If the ITC
determines that such injury does exist, Commerce will issue an
antidumping duty order directing CBP to assess, upon further
instruction by Commerce, antidumping duties on all imports of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation.
Administrative Protective Orders (APOs)
This notice serves as a reminder to parties subject to APO of their
responsibility concerning the disposition of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely
written notification of the return or destruction of APO materials, or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and the terms of an APO is a violation
subject to sanction.
Notification to Interested Parties
This determination and this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) of the Act and 19 CFR
352.210(c).
[[Page 42896]]
Dated: August 12, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigation
The merchandise covered by this investigation are kegs, vessels,
or containers with bodies that are approximately cylindrical in
shape, made from stainless steel (i.e., steel containing at least
10.5 percent chromium by weight and less than 1.2 percent carbon by
weight, with or without other elements), and that are compatible
with a ``D Sankey'' extractor (refillable stainless steel kegs) with
a nominal liquid volume capacity of 10 liters or more, regardless of
the type of finish, gauge, thickness, or grade of stainless steel,
and whether or not covered by or encased in other materials.
Refillable stainless steel kegs may be imported assembled or
unassembled, with or without all components (including spears,
couplers or taps, necks, collars, and valves), and be filled or
unfilled.
``Unassembled'' or ``unfinished'' refillable stainless steel
kegs include drawn stainless steel cylinders that have been welded
to form the body of the keg and attached to an upper (top) chime
and/or lower (bottom) chime. Unassembled refillable stainless steel
kegs may or may not be welded to a neck, may or may not have a valve
assembly attached, and may be otherwise complete except for testing,
certification, and/or marking.
Subject merchandise also includes refillable stainless steel
kegs that have been further processed in a third country, including
but not limited to, attachment of necks, collars, spears or valves,
heat treatment, pickling, passivation, painting, testing,
certification or any other processing that would not otherwise
remove the merchandise from the scope of the investigation if
performed in the country of manufacture of the in-scope refillable
stainless steel keg.
Specifically excluded are the following:
(1) Vessels or containers that are not approximately cylindrical
in nature (e.g., box, ``hopper'' or ``cone'' shaped vessels);
(2) stainless steel kegs, vessels, or containers that have
either a ``ball lock'' valve system or a ``pin lock'' valve system
(commonly known as ``Cornelius,'' ``corny'' or ``ball lock'' kegs);
(3) necks, spears, couplers or taps, collars, and valves that
are not imported with the subject merchandise; and
(4) stainless steel kegs that are filled with beer, wine, or
other liquid and that are designated by the Commissioner of Customs
as Instruments of International Traffic within the meaning of
section 332(a) of the Tariff Act of 1930, as amended.
The merchandise covered by this investigation 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 this investigation
is dispositive.
[FR Doc. 2019-17767 Filed 8-16-19; 8:45 am]
BILLING CODE 3510-DS-P