[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