[Federal Register Volume 84, Number 197 (Thursday, October 10, 2019)]
[Notices]
[Pages 54591-54592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22279]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-849]
Refillable Stainless Steel Kegs From Mexico: Antidumping Duty
Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC),
Commerce is issuing an antidumping duty order on refillable stainless
steel kegs from Mexico.
DATES: Applicable October 10, 2019.
FOR FURTHER INFORMATION CONTACT: Allison Hollander or Minoo Hatten, 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) 482-2805 or (202)
482-1690, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i)(1) of the Tariff Act
of 1930, as amended (the Act), and 19 CFR 351.210(c), on August 19,
2019, Commerce published its affirmative final determination in the
less-than-fair-value (LTFV) investigation, including its affirmative
determination of critical circumstances, with respect to imports of
refillable stainless steel kegs from Mexico.\1\ On October 3, 2019, the
ITC notified Commerce of its final determination pursuant to section
735(b)(1)(B) of the Act that the establishment of an industry in the
United States is materially retarded by reason of the LTFV imports of
refillable stainless steel kegs from Mexico, and its determination that
critical circumstances do not exist with respect to imports of subject
merchandise from Mexico.\2\
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\1\ See Refillable Stainless Steel Kegs From Mexico: Final
Affirmative Determination of Sales at Less Than Fair Value and Final
Affirmative Determination of Critical Circumstances, 84 FR 42894
(August 19, 2019).
\2\ See Notification Letter from the ITC, dated October 3, 2019
(ITC Letter).
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Scope of the Order
The merchandise covered by this order are refillable stainless
steel kegs from Mexico. For a complete description of the scope of the
order, see the Appendix to this notice.
Antidumping Duty Order
As stated above, on October 3, 2019, in accordance with section
735(d) of the Act, the ITC notified Commerce of its final determination
in this investigation, in which it found that the establishment of an
industry in the United States is materially retarded within the meaning
of section 735(b)(1)(B) of the Act by reason of imports of refillable
stainless steel kegs from Mexico sold at LTFV, and further found that
critical circumstances do not exist with respect to imports of subject
merchandise from Mexico. Therefore, in accordance with section
735(c)(2) of the Act, Commerce is issuing this antidumping duty order.
Because the ITC determined that the establishment of an industry in
the United States is materially retarded by imports of refillable
stainless steel kegs from Mexico that are sold at LTFV, section
736(b)(2) of the Act is applicable. Accordingly, Commerce will instruct
U.S. Customs and Border Protection (CBP) to assess, upon further
instruction by Commerce, antidumping duties equal to the amount by
which the normal value of the refillable stainless steel kegs from
Mexico exceeds the export price (or constructed export price) of the
merchandise for entries of refillable stainless steel kegs from Mexico
which are entered, or withdrawn from warehouse, for consumption on or
after the date of publication of the ITC's final affirmative
determination under section 735(b) of the Act.
Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct CBP to suspend liquidation of all appropriate entries of
refillable stainless steel kegs from Mexico as described in the
Appendix to this notice which are entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the ITC's notice
of final determination in the Federal Register. We will also instruct
CBP to require, at the same time as importers would normally deposit
estimated customs duties on this merchandise, cash deposits for the
subject merchandise equal to the estimated weighted-average antidumping
margins listed below. The all others rate applies to all producers or
exporters not specifically listed.
[[Page 54592]]
In accordance with section 736(b)(2) of the Act, Commerce will
instruct CBP to release any bond or other security, and refund any cash
deposit made, to secure the payment of antidumping duties with respect
to entries of the merchandise entered, or withdrawn from warehouse, for
consumption before the date of publication of the ITC's final
affirmative determination under section 735(b) of the Act. Further,
Commerce will instruct CBP to terminate the suspension of liquidation
of, and to liquidate without regard to antidumping duties, entries of
refillable stainless steel kegs from Mexico which are entered, or
withdrawn from warehouse, for consumption prior to the date of
publication of the ITC's affirmative determination under section 735(b)
of the Act.
Provisional Measures and Critical Circumstances
Because the ITC determined, in accordance with section 735(d) of
the Act, that the establishment of an industry in the United States is
materially retarded within the meaning of section 735(b)(1)(B) of the
Act by reason of imports of refillable stainless steel kegs from Mexico
sold at LTFV, and further found that critical circumstances do not
exist with respect to imports of subject merchandise from Mexico,\3\
provisional measures are inapplicable. Similarly, because of the ITC's
final negative determination of critical circumstances, pursuant to
section 735(c)(3) of the Act, Commerce will instruct CBP to terminate
any retroactive suspension of liquidation, release any bond or other
security, and refund any cash deposit required to secure the payment of
antidumping duties with respect to entries of refillable stainless
steel kegs from Mexico entered, or withdrawn from warehouse, for
consumption before the date of publication of the ITC's final
affirmative determination under section 735(b) of the Act.
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\3\ See ITC Letter.
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Estimated Weighted-Average Dumping Margins
The weighted-average dumping margins are as follows:
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Weighted- average dumping
Producer/exporter 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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Notification to Interested Parties
This notice constitutes the antidumping duty order with respect to
refillable stainless steel kegs from Mexico pursuant to section 736(a)
of the Act. Interested parties can find a list of antidumping duty
orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
This order is issued and published in accordance with section
736(a) of the Act and 19 CFR 351.211(b).
Dated: October 4, 2019.
Jeffery I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Order
The merchandise covered by the 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.
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 order 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 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.
[FR Doc. 2019-22279 Filed 10-9-19; 8:45 am]
BILLING CODE 3510-DS-P