[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]


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

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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

Verification

    Because the mandatory respondent in this investigation did not 
provide the information requested, Commerce did not conduct 
verification.\5\
---------------------------------------------------------------------------

    \5\ See Preliminary Determination, 84 FR at 25740.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \10\ For a full description of the methodology and results of 
Commerce's critical circumstances analysis, see Preliminary Critical 
Circumstances Determination.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

Final Determination

    Commerce determines that the following estimated weighted-average 
dumping margins exist:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
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
------------------------------------------------------------------------

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