[Federal Register Volume 84, Number 206 (Thursday, October 24, 2019)]
[Notices]
[Pages 57008-57010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23216]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-846]


Refillable Stainless Steel Kegs From Germany: Final Affirmative 
Determination of Sales at Less Than Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that 
refillable stainless steel kegs (kegs) from the Federal Republic of 
Germany (Germany) 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 October 24, 2019.

FOR FURTHER INFORMATION CONTACT: Micahel Romani, 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) 482-0198.

SUPPLEMENTARY INFORMATION: 

Background

    On June 4, 2019, Commerce published the Preliminary Determination 
of this LTFV investigation in which Commerce found that kegs from 
Germany were sold at LTFV.\1\ A complete summary of the events that 
occurred since Commerce published the Preliminary Determination, as 
well as a full discussion of the issues raised by parties for this 
final determination, may be found in the Issues and Decision 
Memorandum.\2\ The Issues and Decision Memorandum is a public document 
and is available 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, and is available to all parties in the Central 
Records Unit, Room B-8024 of the main Commerce building. In addition, a 
complete version of the Issues and Decision Memorandum can be accessed 
at http://enforcement.trade.gov/frn/. The signed Issues and Decision 
Memorandum and the electronic version are identical in content.
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    \1\ See Refillable Stainless Steel Kegs from Germany: 
Preliminary Affirmative Determination of Sales at Less Than Fair 
Value, and Postponement of Final Determination, 84 FR 25736 (June 4, 
2019) (Preliminary Determination).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Determination in the Less-Than-Fair-Value Investigation of 
Refillable Stainless Steel Kegs from the Federal Republic of 
Germany,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
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Scope of the Investigation

    The products covered by this investigation are refillable stainless 
steel kegs from Germany. For a complete description of the scope of 
this investigation, see Appendix I.

Scope Comments

    On March 29, 2019, we issued a Preliminary Scope Decision 
Memorandum.\3\ The scope case briefs were due on May 6, 2019, 30 days 
after the publication of Kegs from China Preliminary CVD 
Determination.\4\ We did not receive scope 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) (Kegs from China 
Preliminary CVD Determination). See the 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

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(the Act), Commerce verified the sales and cost data reported by Blefa 
GmbH (Blefa) for use in our final determination. We used standard 
verification procedures, including an examination of relevant 
accounting and production records, and original source documents 
provided by the respondent.

Analysis of Comments Received

    All issues raised in the case briefs and rebuttal briefs submitted 
by interested

[[Page 57009]]

parties in this proceeding are discussed in the Issues and Decision 
Memorandum. A list of the issues raised by parties and responded to by 
Commerce in the Issues and Decision Memorandum is attached at Appendix 
II.

Changes Since the Preliminary Determination

    Based on our analysis of the comments received and our findings at 
verification, we made certain changes to the margin calculations for 
Blefa since the Preliminary Determination. For a discussion of these 
changes, see the Issues and Decision Memorandum.

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated 
weighted-average dumping margin for all-other producers and exporters 
not individually investigated shall be equal to the weighted average of 
the estimated weighted-average dumping margins established for 
individually investigated exporters and producers, excluding any 
margins that are zero or de minimis or any margins determined entirely 
under section 776 of the Act. Blefa is the only respondent for which 
Commerce calculated an estimated weighted-average dumping margin that 
is not zero, de minimis, or based entirely on facts otherwise 
available. Therefore, for purposes of determining the all-others rate, 
and pursuant to section 735(c)(5)(A) of the Act, we are using the 
estimated weighted-average dumping margin calculated for Blefa, as 
referenced in the ``Final Determination'' section below.

Final Determination

    Commerce determines that the following estimated weighted-average 
dumping margins exist for the period July 1, 2017 through June 30, 
2018:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Blefa GmbH..................................................        7.47
All Others..................................................        7.47
------------------------------------------------------------------------

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct U.S. Customs and Border Protection (CBP) to continue the 
suspension of liquidation of all appropriate entries of kegs from 
Germany, as described in Appendix I to this notice, which were entered, 
or withdrawn from warehouse, for consumption on or after June 4, 2019, 
the date of publication of the Preliminary Determination of this 
investigation in the Federal Register.
    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 Blefa will be equal to the 
estimated weighted-average dumping margin 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 7.47 
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

    We will disclose the calculations performed within five days of 
public announcement of this notice in accordance with 19 CFR 
351.224(b).

International Trade Commission Notification

    In accordance with section 735(d) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its final determination. 
Because the final determination 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 Germany 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.

Notification Regarding Administrative Protective Orders

    This notice serves as a reminder to parties subject to 
administrative protective order (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).

    Dated: October 17, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I

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

[[Page 57010]]

    (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.

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Changes Since the Preliminary Determination
V. Comparisons to Fair Value
VI. Discussion of the Issues
Comment 1: Differential Pricing Methodology
Comment 2: Price Patterns that Differ Regionally
Comment 3: Customization Physical Characteristic
Comment 4: Linking Home-Market Sales Data with Cost of Production 
Data
Comment 5: Level of Trade and Constructed Export Price Offset
Comment 6: Licensing Fees
Comment 7: Blefa US' Other Income
Comment 8: Double-Counted Packing Materials
Comment 9: Blefa US' General and Administrative Expense Ratio for 
Non-Manufactured Sales
VII. Recommendation

[FR Doc. 2019-23216 Filed 10-23-19; 8:45 am]
 BILLING CODE 3510-DS-P