[Federal Register Volume 85, Number 111 (Tuesday, June 9, 2020)]
[Notices]
[Pages 35264-35265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12445]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-846]
Refillable Stainless Steel Kegs From the Federal Republic of
Germany: Final Results of Changed Circumstances Review and Revocation
of Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: For the final results of this changed circumstances review
(CCR), the Department of Commerce (Commerce) is revoking, in whole, the
antidumping duty (AD) order on refillable stainless steel kegs (kegs)
from the Federal Republic of Germany (Germany) based upon a request
from American Keg Company (the petitioner).
DATES: Applicable June 9, 2020.
FOR FURTHER INFORMATION CONTACT: Allison Hollander, AD/CVD Operations,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-2805.
SUPPLEMENTARY INFORMATION:
Background
On December 16, 2019, Commerce published the AD Order.\1\ On
January 30, 2020, the petitioner requested that Commerce conduct an
expedited CCR for this AD Order, pursuant to section 751(b) of the
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216 (b). The
petitioner expressed a lack of interest in the continuation of this AD
Order and requested the revocation of the AD Order. In its request, the
petitioner addressed the conditions under which Commerce may revoke an
order in whole or in part pursuant to 19 CFR 351.222(g). Commerce
published the initiation and preliminary results of this CCR on May 11,
2020.\2\ On May 26, 2020, we received comments from the petitioner.\3\
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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) (AD Order).
\2\ See Refillable Stainless Steel Kegs from the Federal
Republic of Germany: Initiation and Preliminary Results of Changed
Circumstances Review and Intent to Revoke Order, 85 FR 27717 (May
11, 2020) (Preliminary Results).
\3\ See Petitioner's Letter, ``Refillable Stainless Steel Kegs
from the Federal Republic of Germany: Comments on Initiation and
Preliminary Results of Changed Circumstances Review,'' dated May 26,
2020 (Petitioner Comments).
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Scope of the AD Order
The merchandise covered by the 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. 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.
[[Page 35265]]
``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 order 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 (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
Act.
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.
Final Results of Changed Circumstances Review, and Revocation of the
Order
Section 751(d)(1) of the Act and 19 CFR 351.222(g)(1)(i) provide
that Commerce may revoke an order (in whole or in part) if it
determines that producers accounting for substantially all of the
production of the domestic like product have no further interest in the
order, in whole or in part.\4\ Further, 19 CFR 351.222(g)(2) provides
that Commerce will conduct a CCR under 19 CFR 351.216, and may revoke
an order, in whole or in part, if it determines that revocation is
warranted.
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\4\ See section 782(h) of the Act.
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Both the Act and Commerce's regulations require that
``substantially all'' domestic producers express a lack of interest in
the AD Order for Commerce to revoke the AD Order.\5\ Commerce has
interpreted ``substantially all'' to represent producers accounting for
at least 85 percent of U.S. production of the domestic like product.\6\
In the Preliminary Results, Commerce stated that the petitioner's
request indicated that it is the sole producer of the domestic like
product.\7\ We received no comments concerning the petitioner's claim
regarding its production or otherwise indicating a lack of industry
support with respect to this CCR.
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\5\ See section 782(h) of the Act and 19 CFR 351.222(g).
\6\ See, e.g., Certain Cased Pencils from the People's Republic
of China: Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review, and Intent to Revoke Order in Part, 77
FR 42276 (July 18, 2012), unchanged in Certain Cased Pencils from
the People's Republic of China: Final Results of Antidumping Duty
Changed Circumstances Review, and Determination To Revoke Order, in
Part, 77 FR 53176 (August 31, 2012).
\7\ See Preliminary Results, 85 FR 27717.
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As noted in the Preliminary Results, the petitioner requested the
revocation of this AD Order because it is no longer interested in
maintaining the AD Order.\8\ Its lack of interest in maintaining the AD
Order is a function of its announcement on January 15, 2020 that the
German producer and sole respondent in the underlying investigation,
Blefa Kegs, Inc. (Blefa), acquired a major stake in the American Keg
Company. The petitioner stated that as part of this investment, Blefa
committed substantial resources to expanding the petitioner's domestic
operations by tripling production within three years, which it claims
will allow the petitioner to at least double its domestic employment
during that time. As a result of this change in ownership, because the
petitioner is the only American manufacturer of the domestic
merchandise at issue, it claims that the total amount of American
production will increase and the commercial situation of the American
Keg Company will improve.
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\8\ Id.
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In the Preliminary Results, we preliminarily concluded that
producers accounting for substantially all of the production of the
domestic like product, to which this AD Order pertains, lack interest
in the relief provided by the AD Order. We also found that the
petitioner's affirmative statement of no interest in the AD Order,
coupled with the circumstances described above, constituted good cause
for the conduct of this review.
On May 26, 2020, Commerce received comments from the petitioner
stating its agreement with the outcome proposed in the Preliminary
Results.\9\ Commerce did not receive any other comments on the
Preliminary Results.
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\9\ See Petitioner Comments.
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Accordingly, we are notifying the public that we are revoking the
AD Order, in whole. The revocation will be effective on the date of
publication of this notice.
Termination of Suspension of Liquidation
Because we determine that there are changed circumstances that
warrant the revocation of the AD Order, in whole, for reasons explained
in the Preliminary Results, we will instruct CBP to discontinue the
suspension of liquidation and the collection of cash deposits of
estimated antidumping duties, to liquidate all unliquidated entries
that were entered on or after December 13, 2019, without regard to
antidumping duties, and to refund all AD cash deposits on all such
merchandise, with applicable interest.\10\
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\10\ See Preliminary Results, 85 FR at 27718.
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Notification to Interested Parties
This notice serves as a 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/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.
We are issuing and publishing these final results and revocation,
in whole, and notice in accordance with sections 751(b) and 777(i) of
the Act and 19 CFR 351.216, 19 CFR 351.221(c)(3), and 19 CFR 351.222.
Dated: June 3, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-12445 Filed 6-8-20; 8:45 am]
BILLING CODE 3510-DS-P