[Federal Register Volume 89, Number 71 (Thursday, April 11, 2024)]
[Notices]
[Pages 25564-25566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07671]
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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;
2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
Guangzhou Jingye Machinery Co., Ltd. (Jingye), Guangzhou Ulix
Industrial & Trading Co., Ltd. (Ulix), and the remaining 39 companies
for which the administrative review was initiated, are not eligible for
separate rates and are therefore, part of the People's Republic of
China (China)-wide entity. The period of review (POR) is December 1,
2021, through November 30, 2022.
DATES: Applicable April 11, 2024.
FOR FURTHER INFORMATION CONTACT: Aleksandras Nakutis or Jacob Keller,
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) 482-3147 and (202)
482-4849, respectively.
SUPPLEMENTARY INFORMATION:
[[Page 25565]]
Background
On December 7, 2023, Commerce published in the Federal Register the
preliminary results of the administrative review of the antidumping
duty order on refillable stainless steel kegs from China and invited
interested parties to comment.\1\ For a complete description of the
events that occurred since Commerce published the Preliminary Results,
see the Issues and Decision Memorandum.\2\ Commerce conducted this
review in accordance with section 751(a) of the Tariff Act of 1930, as
amended (the Act).
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\1\ See Refillable Stainless Steel Kegs from the People's
Republic of China: Preliminary Results of the Antidumping Duty
Administrative Review; 2021-2022, 88 FR 85230 (December 7, 2023)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Antidumping Duty Administrative Review of
Refillable Stainless Steel Kegs from the People's Republic of China;
2021-2022,'' 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 Federal
Republic of Germany and the People's Republic of China: Antidumping
Duty Orders, 84 FR 68405 (December 16, 2019) (Order).
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The merchandise covered by this 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. 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. 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 briefs filed by interested parties are
addressed in the Issues and Decision Memorandum and are listed in
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 can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Final Results and Referral to U.S. Customs and Border Protection
Based on record information, Commerce determines that all 41
companies subject to this administrative review are a part of the
China-wide entity.\4\ For reasons discussed in the Issues Decision
Memorandum, Commerce is treating Ulix and Jingye as part of the China-
wide entity, and Commerce referred its findings to U.S. Customs and
Border Protection (CBP) to investigate potential evasion of the Order.
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\4\ See Appendix II.
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China-Wide Entity
Commerce considers the 41 companies for which a review was
requested (which did not file a separate rate application or did not
demonstrate separate rate eligibility) listed in Appendix II to this
notice, to be part of the China-wide entity.\5\
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\5\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 7060 (February 2, 2023) (``All firms
listed below that wish to qualify for separate rate status in the
administrative reviews involving {non-market economy{time}
countries must complete, as appropriate, either a separate rate
application or certification, as described below.''); see also
Appendix II for the list of companies that are subject to this
administrative review that are considered to be part of the China-
wide entity.
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Assessment Rates
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of
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).\6\ Commerce will instruct CBP to apply an ad
valorem assessment rate of 63.60 percent to all entries of subject
merchandise during the POR which were exported by the companies
considered to be a part of the China-wide entity listed in Appendix II
of this notice.
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\6\ See 19 CFR 351.212(b)(1).
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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
section 751(a)(2)(C) of the Act: (1) for any previously investigated or
reviewed Chinese or non-Chinese exporter that has a separate rate, the
cash deposit rate will continue to be the exporter's existing cash
deposit rate; (2) for all Chinese exporters of subject merchandise that
have not been found to be entitled to a separate rate and identified in
Appendix II of this notice, the cash deposit rate will be that for the
China-wide entity (i.e., 63.60 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(s) that supplied that non-Chinese exporter. These cash deposit
requirements, when imposed, 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 return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. 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 Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this POR. Failure
to comply with this requirement could result in Commerce's presumption
that reimbursement of antidumping and/or countervailing duties occurred
and the subsequent assessment of double antidumping duties, and/or an
increase in the amount of antidumping duties by the amount of
countervailing duties.
Notification to Interested Parties
We are issuing and publishing these final results of review in
accordance with sections 751(a)(l) and 777(i) of the Act, and 19 CFR
351.213(h)(1) and 351.221(b)(5).
[[Page 25566]]
Dated: April 4, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
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 Jingye's and Ulix's Information Is Reliable
to Determine No Shipments
Comment 2: Whether Commerce Should Grant Jingye and Ulix a
Separate Rate
V. Recommendation
Appendix II--Companies Considered To Be Part of the China-Wide Entity
1. Dalian Yonghseng Metal Structure Co., Ltd. d/b/a DYM Brewing
Solutions
2. Equipmentimes (Dalian) E-Commerce Co., Ltd.
3. Guangzhou Jingye Machinery Co., Ltd.
4. Guangzhou Ulix Industrial & Trading Co., Ltd.
5. Jinan Chenji International Trade Co., Ltd.
6. Jinan Chenji Machinery Equipment Co., Ltd.
7. Jinan HaoLu Machinery Equipment Co., Ltd.
8. Jinjiang Jiaxing Import and Export Co., Ltd.
9. NDL Keg Qingdao Inc.
10. Ningbo All In Brew Technology Co.
11. Ningbo BestFriends Beverage Containers Industry Co., Ltd.
12. Ningbo Chance International Trade Co., Ltd.
13. Ningbo Direct Import & Export Co., Ltd.
14. Ningbo Haishu Direct Import and Export Trade Co., Ltd.
15. Ningbo Haishu Xiangsheng Metal Factory
16. Ningbo Hefeng Container Manufacturer Co., Ltd.
17. Ningbo Hefeng Kitchen Utensils Manufacture Co., Ltd.
18. Ningbo HGM Food Machinery Co., Ltd.
19. Ningbo Jiangbei Bei Fu Industry and Trade Co., Ltd.
20. Ningbo Kegco International Trade Co., Ltd.
21. Ningbo Kegstorm Stainless Steel Co., Ltd.
22. Ningbo Minke Import & Export Co., Ltd.
23. Ningbo Sanfino Import & Export Co., Ltd.
24. Ningbo Shimaotong International Co., Ltd.
25. Ningbo Sunburst International Trading Co., Ltd.
26. Orient Equipment (Taizhou) Co., Ltd.
27. Penglai Jinfu Stainless Steel Products.
28. Pera Industry Shanghai Co., Ltd.
29. Qingdao Henka Precision Technology Co., Ltd.
30. Qingdao Xinhe Precision Manufacturing Co., Ltd.
31. Rain Star International Trading Dalian Co., Ltd.
32. Shandong Meto Beer Equipment Co., Ltd.
33. Shandong Tiantai Beer Equipment Co., Ltd.
34. Shandong Tonsen Equipment Co., Ltd.
35. Shandong Yuesheng Beer Equipment Co., Ltd.
36. Shenzhen Wellbom Technology Co., Ltd.
37. Sino Dragon Group, Ltd.
38. Wenzhou Deli Machinery Equipment Co.
39. Wuxi Taihu Lamps and Lanterns Co., Ltd.
40. Yantai Toptech Ltd.
41. Yantai Trano New Material Co., Ltd., d/b/a Trano Keg, d/b/a SS
Keg.
[FR Doc. 2024-07671 Filed 4-10-24; 8:45 am]
BILLING CODE 3510-DS-P