[Federal Register Volume 88, Number 75 (Wednesday, April 19, 2023)]
[Notices]
[Pages 24165-24166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08272]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-094]


Refillable Stainless Steel Kegs From the People's Republic of 
China: Final Results of Countervailing Duty Administrative Review; 2020

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
countervailable subsidies were provided to certain exporters/producers 
of refillable stainless steel kegs (kegs) from the People's Republic of 
China (China) during the period of review (POR) January 1, 2020, 
through December 31, 2020.

DATES: Applicable April 19, 2023.

FOR FURTHER INFORMATION CONTACT: Ted Pearson, 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) 482-2631.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce published the Preliminary Results of this administrative 
review in the Federal Register on December 21, 2022, and invited 
interested parties to comment.\1\ For a complete description of the 
events that occurred subsequent to the Preliminary Results, see the 
Issues and Decision Memorandum.\2\
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    \1\ See Refillable Stainless Steel Kegs from the People's 
Republic of China: Preliminary Results of Countervailing Duty 
Administrative Review, Rescission of Review in Part; 2020, 87 FR 
78045 (December 21, 2022) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Countervailing Duty Administrative Review of 
Refillable Stainless Steel Kegs from the People's Republic of China; 
2020,'' dated concurrently with, and hereby adopted by, this notice 
(Issues and Decision Memorandum).
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Scope of the Order 3
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    \3\ See Refillable Stainless Steel Kegs from the People's 
Republic of China: Countervailing Duty Order, 84 FR 68400 (December 
16, 2019) (Order).
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    The products covered by the scope of the Order are kegs from China. 
A full description of the scope of the Order is contained in the Issues 
and Decision Memorandum.

Analysis of Comments Received

    All issues raised by the interested parties in their case and 
rebuttal briefs are addressed in the Issues and Decision Memorandum and 
are listed in the appendix 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 can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on our analysis of comments from interested parties and the 
evidence on the record, we revised the calculation of the net 
countervailable subsidy rates for Ningbo Master International Trade 
Co., Ltd. (Ningbo Master). For a discussion of the issues, see the 
Issues and Decision Memorandum.

Methodology

    Commerce conducted this administrative review in accordance with 
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). 
For each of the subsidy programs found to be countervailable, we find 
that there is a subsidy, i.e., a government-provided financial 
contribution that gives rise to a benefit to the recipient, and that 
the subsidy is specific.\4\ For a complete description of the 
methodology underlying all of Commerce's conclusions, including our 
reliance, in part, on facts otherwise available, including adverse 
facts available, pursuant to sections 776(a) and (b) of the Act, see 
the Issues and Decision Memorandum.
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    \4\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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Companies Not Selected for Individual Review

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to

[[Page 24166]]

companies not selected for individual examination when Commerce limits 
its examination in an administrative review pursuant to section 
777A(e)(2) of the Act. However, Commerce normally determines the rates 
for non-selected companies in reviews in a manner that is consistent 
with section 705(c)(5) of the Act, which provides the basis for 
calculating the all-others rate in an investigation. Section 
705(c)(5)(A)(i) of the Act instructs Commerce, as a general rule, to 
calculate the all-others rate equal to the weighted average of the 
countervailable subsidy rates established for exporters and producers 
individually investigated, excluding any zero or de minimis 
countervailable subsidy rates, and any rates determined entirely on the 
basis of facts available.
    There are two companies for which a review was requested and not 
rescinded, and which were not selected as mandatory respondents or 
found to be cross-owned with a mandatory respondent. For these non-
selected companies, because the rate calculated for the only 
participating mandatory respondent in this review, Ningbo Master, was 
above de minimis and not based entirely on facts available, we are 
applying Ningbo Master's subsidy rate to the two non-selected 
companies.
    This is the same methodology Commerce applied in the Preliminary 
Results for determining a rate for companies not selected for 
individual examination. However, due to changes in the calculation for 
Ningbo Master, we revised the non-selected rate accordingly. 
Consequently, for both of the non-selected companies for which a review 
was requested and not rescinded, we are applying an ad valorem subsidy 
rate of 5.22 percent.

Final Results of Administrative Review

    We determine find the net countervailable subsidy rates for the 
mandatory and non-selected respondents under review for the period 
January 1, 2020, through December 31, 2020, to be as follows:
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    \5\ Commerce finds the following companies to be cross-owned 
with Ningbo Master: Ningbo Major Draft Beer Equipment Co., Ltd. and 
Zhejiang Major Technology Co., Ltd.

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                                                           Subsidy rate
                  Producer or exporter                     (percent  ad
                                                             valorem)
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Ningbo Master International Trade Co., Ltd \5\..........            5.22
Review-Specific Average Rate Applicable to the Following
 Companies:
  Guangzhou Jingye Machinery Co., Ltd...................            5.22
  Guangzhou Ulix Industrial & Trading Co., Ltd..........            5.22
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Disclosure

    Commerce intends to disclose calculations and analysis performed 
for the final results of review within five days after the date of 
publication of this notice in the Federal Register in accordance with 
19 CFR 351.224(b).

Assessment Requirements

    In accordance with section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(2), Commerce has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, countervailing duties on all appropriate 
entries covered by this review, for the above-listed companies at the 
applicable ad valorem assessment rates listed. Commerce intends to 
issue assessment instructions to CBP no earlier than 35 days after 
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).

Cash Deposit Requirements

    In accordance with section 751(a)(1) of the Act, Commerce also 
intends to instruct CBP to collect cash deposits of estimated 
countervailing duties in the amounts shown above for the above-listed 
companies with regard to shipments of subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of these final results of review. For all non-reviewed 
firms, we will instruct CBP to continue to collect cash deposits of 
estimated countervailing duties at the all-others rate or the most 
recent company-specific rate applicable to the company, as appropriate. 
These cash deposit requirements, effective upon publication of these 
final results, shall remain in effect until further notice.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
an 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 terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    The final results are issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

    Dated: April 13, 2023.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Non-Selected Companies Under Review
V. Use of Facts Otherwise Available and Application of Adverse 
Inferences
VI. Subsidies Valuation
VII. Analysis of Programs
VIII. Analysis of Comments
    Comment 1: Whether Commerce Should Include Seasonal Prices in 
the Electricity Benchmark
    Comment 2: Whether Commerce Should Revise the Electricity 
Benchmark Selected for Certain Affiliated Company Purchases
    Comment 3: Whether Commerce Should Average Certain Sources for 
Input Benchmarks
    Comment 4: Whether Commerce Should Incorporate Retaliatory 
Tariffs in Calculating Input Benchmarks
IX. Recommendation

[FR Doc. 2023-08272 Filed 4-18-23; 8:45 am]
BILLING CODE 3510-DS-P