[Federal Register Volume 87, Number 130 (Friday, July 8, 2022)]
[Notices]
[Pages 40784-40786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14566]


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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; 
2019-2020

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
certain producers and/or exporters did not sell subject merchandise in 
the United States at prices below normal value (NV) during the period 
of review (POR) December 13, 2019, through November 30, 2020.

DATES: Applicable July 8, 2022.

FOR FURTHER INFORMATION CONTACT: Konrad Ptaszynski, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW, 
Washington, DC 20230; telephone: (202) 482-6187.

SUPPLEMENTARY INFORMATION: 

Background

    On January 5, 2022, Commerce published the Preliminary Results of 
this administrative review of the antidumping duty order on kegs from 
the People's Republic of China (China) \1\ in the Federal Register.\2\ 
On April 18, 2022, we received case briefs from Guangzhou Jingye 
Machinery Co., Ltd. (Jingye),\3\ and the American Keg Company (the 
Petitioner).\4\ On April 28, 2022, we received a rebuttal briefs from 
the Petitioner, Jingye and Guangzhou Ulix Industrial & Trading Co., 
Ltd. (Ulix).\5\ Commerce addressed comments from the parties in the 
Issues and Decision Memorandum accompanying this notice.\6\ Commerce 
conducted this administrative review in accordance with section 751 of 
the Tariff Act of 1930, as amended (the Act).
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    \1\ 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).
    \2\ See Refillable Stainless Steel Kegs from the People's 
Republic of China: Preliminary Results of Antidumping Duty 
Administrative Review and Preliminary Determination of No Shipments; 
2019-2020, 87 FR 425 (January 5, 2022) (Preliminary Results).
    \3\ See Jingye's Letter, ``Jingye Letter in Lieu of Case 
Brief,'' dated April 18, 2022.
    \4\ See Petitioner's Letter, ``Case Brief,'' dated April 18, 
2022.
    \5\ See Petitioner's Letter, ``Case Brief,'' dated April 28, 
2022; see also Jingye's Letter, ``Jingye Rebuttal Brief,'' dated 
April 28, 2022.; and Ulix's Letter, ``Ulix Rebuttal Brief,'' dated 
April 28, 2022.
    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2019-2020 Administrative Review of Refillable 
Stainless Steel Kegs from the People's Republic of China,'' dated 
concurrently with, and hereby adapted by, this notice (Issues and 
Decision Memorandum).
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Scope of the Order

    The products covered by this Order are refillable stainless steel 
kegs. 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 case and rebuttal briefs filed by parties 
in the administrative review are addressed in the Issues and Decision 
Memorandum, which is hereby adopted by this notice. A list of the 
issues that parties raised and to which we responded in the Issues and 
Decision Memorandum is included as 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 is 
available to parties at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary

[[Page 40785]]

Results, we made one change to the Preliminary Results of this 
administrative review regarding Jingye. For the final results of 
review, we find that Jingye had a sale during the POR and is entitled 
to a separate rate. We made no changes to the margin calculation for 
Ulix.

Rate for Non-Examined Separate Rate Respondent

    The statute and Commerce's regulations do not address what rate to 
apply to respondents not selected for individual examination when 
Commerce limits its examination in an administrative review pursuant to 
section 777A(c)(2) of the Act. Generally, Commerce looks to section 
735(c)(5) of the Act, which provides instructions for calculating the 
all-others rate in an investigation, for guidance when calculating the 
rate for non-selected respondents that are not examined individually in 
an administrative review. Section 735(c)(5)(A) of the Act states that 
the all-others rate should be calculated by averaging the weighted-
average dumping margins for individually examined respondents, 
excluding rates that are zero, de minimis, or based entirely on facts 
available. When the rates for individually examined companies are all 
zero, de minimis, or based entirely on facts available, section 
735(c)(5)(B) of the Act provides that Commerce may use ``any reasonable 
method'' to establish the all-others rate.
    We have calculated a 0.00 percent dumping margin for the mandatory 
respondent, Ulix. We assigned the non-individually examined separate 
rate respondent a dumping margin equal to the dumping margin of Ulix, 
consistent with the guidance in section 735(c)(5)(B) of the Act.

Final Results of Review

    Commerce determines that the following weighted-average dumping 
margin exists for the administrative review covering the period 
December 13, 2019, through November 30, 2020:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporters                             dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Guangzhou Ulix Industrial & Trading Co., Ltd................        0.00
Guangzhou Jingye Machinery Co., Ltd.........................        0.00
------------------------------------------------------------------------

Disclosure

    Normally, Commerce discloses the calculations used in its analysis 
to parties in a review within five days of the date of publication of 
the notice of final results of the review, in accordance with 19 CFR 
351.224(b). However, in this case, given we made no changes to the 
calculations addressed in the Preliminary Results, there are no 
additional calculations on the record to disclose to the interested 
parties.

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.212(b), Commerce has determined, and 
U.S Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review. Commerce 
intends to issue assessment instructions to CBP no earlier than 35 days 
after the date of publication of the final results of this 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).
    Because the weighted-average dumping margin for Ulix and the 
respondent that was not selected for individual examination in this 
administrative review but qualified for a separate rate is zero, 
Jingye, Commerce will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties.\7\ For the companies listed in 
Appendix II, identified as part of the China-wide entity, we will 
instruct CBP to apply an antidumping duty assessment rate of 77.13 
percent (the rate applicable to the China-wide entity) to all entries 
of subject merchandise during the POR exported by those companies.
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    \7\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 
2012).
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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 
sections 751(a)(2)(C) of the Act: (1) for previously investigated or 
reviewed Chinese or non-Chinese exporters not listed above that 
received a separate rate in a prior segment of this proceeding, the 
cash deposit rate will continue to be the existing exporter-specific 
rate; (2) for all Chinese exporters of subject merchandise that have 
not been found to be entitled to a separate rate, the cash deposit rate 
will be that for the China-wide entity (i.e., 77.13 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 that supplied that non-Chinese 
exporter. These deposit requirements, when imposed, shall remain in 
effect until further notice.

Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification Regarding Administrative Protective Order

    This notice also serves as a final 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 return/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 sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing these final results of review in 
accordance with sections 751(a)(l), 751(a)(2)(B), and 777(i) of the 
Act.

    Dated: June 30, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.

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 Commerce should Find that Ulix Engaged in 
Middleman Dumping
    Comment 2: Whether Commerce Should Find that Ulix Is an Agent of 
the Sole Supplier of Subject Merchandise
    Comment 3: Whether Commerce Should Apply Total Averse Facts 
Available (AFA) to Ulix

[[Page 40786]]

    Comment 4: Whether Commerce Erred in its Rejection of the 
Petitioner's NFI
    Comment 5: Whether Commerce Should Find that Jingye had a 
Suspended Sale of Subject Merchandise in the POR and Assign Jingye a 
Separate Rate
V. Recommendation

Appendix II

    Companies that are subject to this administrative review that 
are considered to be part of the China-wide entity are:

1. Equipmentimes (Dalian) E-Commerce Co., Ltd.
2. Jinan HaoLu Machinery Equipment Co., Ltd.
3. NDL Keg Qingdao Inc.
4. Ningbo BestFriends Beverage Containers Industry Co., Ltd.
5. Ningbo Chance International Trade Co., Ltd.
6. Ningbo Direct Import & Export Co., Ltd.
7. Ningbo Haishu Direct Import and Export Trade Co., Ltd.
8. Ningbo Haishu Xiangsheng Metal Factory
9. Ningbo Hefeng Container Manufacturer Co., Ltd.
10. Ningbo Hefeng Kitchen Utensils Manufacture Co., Ltd.
11. Ningbo HGM Food Machinery Co., Ltd.
12. Ningbo Jiangbei Bei Fu Industry and Trade Co., Ltd.
13. Ningbo Kegco International Trade Co., Ltd.
14. Ningbo Minke Import & Export Co., Ltd.
15. Ningbo Sanfino Import & Export Co., Ltd.
16. Ningbo Shimaotong International Co., Ltd.
17. Ningbo Sunburst International Trading Co., Ltd.
18. Orient Equipment (Taizhou) Co., Ltd.
19. Penglai Jinfu Stainless Steel Products
20. Qingdao Henka Precision Technology Co., Ltd
21. Rain Star International Trading Dalian Co., Ltd.
22. Shandong Tiantai Beer Equipment Co., Ltd.
23. Shandong Tonsen Equipment Co., Ltd.
24. Sino Dragon Group, Ltd.
25. Wenzhou Deli Machinery Equipment Co.
26. Wuxi Taihu Lamps and Lanterns Co., Ltd.
27. Yantai Toptech Ltd.
28. Yantai Trano New Material Co., Ltd.

[FR Doc. 2022-14566 Filed 7-7-22; 8:45 am]
BILLING CODE 3510-DS-P