[Federal Register Volume 84, Number 241 (Monday, December 16, 2019)]
[Notices]
[Pages 68400-68401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27129]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-094]
Refillable Stainless Steel Kegs From the People's Republic of
China: Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC),
Commerce is issuing a countervailing duty order on refillable stainless
steel kegs from the People's Republic of China (China).
DATES: Applicable December 16, 2019.
FOR FURTHER INFORMATION CONTACT: Theodore Pearson or Nicholas
Czajkowski, 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
or (202) 482-1395, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 705(a), 735(d), and 777(i)(1) of the
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(c), on
October 24, 2019, Commerce published its affirmative final
determination in the countervailing duty investigation of refillable
stainless steel kegs from China,\1\ including its affirmative
determination of critical circumstances. On December 9, 2019, the ITC
notified Commerce of its final determination pursuant to section
705(b)(1)(B) of the Act that an industry in the United States is
materially retarded by reason of subsidized imports of refillable
stainless steel kegs from China, and its determination that critical
circumstances do not exist with respect to imports of subject
merchandise from China.\2\
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\1\ See Refillable Stainless Steel Kegs from China: Final
Affirmative Countervailing Duty Determination and Final Affirmative
Determination of Critical Circumstances, in Part, 84 FR 57005
(October 24, 2019).
\2\ See Notification Letter from the ITC dated December 9, 2019
(ITC Letter).
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Scope of the Order
The merchandise covered by this order are refillable stainless
steel kegs from China. For a complete description of the scope of the
order, see the appendix to this notice.
Countervailing Duty Order
As stated above, on December 9, 2019, in accordance with sections
705(b)(1)(B) and 735(d) of the Act, the ITC notified Commerce of its
final determination in this investigation, in which it found that the
establishment of an industry in the United States is materially
retarded by reason of subsidized imports of refillable stainless steel
kegs from China, and that critical circumstances do not exist with
respect to imports of subject merchandise from China that are subject
to Commerce's affirmative critical circumstances findings. Therefore,
in accordance with section 705(c)(2) of the Act, Commerce is issuing
this countervailing duty order.
Because the ITC's final determination is that the establishment of
an industry in the United States is materially retarded by subsidized
imports of refillable stainless steel kegs from China, and is not
accompanied by a finding that injury would have resulted but for the
imposition of suspension of liquidation of entries since Commerce's
Preliminary Determination,\3\ section 706(b)(2) of the Act is
applicable. Accordingly, Commerce will instruct U.S. Customs and Border
Protection (CBP) to terminate the suspension of liquidation, and to
liquidate without regard to countervailing duties, unliquidated entries
of refillable stainless steel kegs from China entered, or withdrawn
from warehouse, for consumption prior to the publication of the ITC's
final determination, and to release any bond or other security posted
and to refund any cash deposit of estimated countervailing duties made
prior to the publication of the ITC's final determination.
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\3\ See Refillable Stainless Steel Kegs from China: Preliminary
Affirmative Countervailing Duty Determination and Alignment of Final
Determination With Final Antidumping Duty Determination, 84 FR 13634
(April 5, 2019) (Preliminary Determination).
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Suspension of Liquidation
In accordance with section 706 of the Act, Commerce will instruct
CBP to reinstate the suspension of liquidation of all appropriate
entries of refillable stainless steel kegs from China, as described in
the appendix to this notice, effective on the date of publication in
the Federal Register of the ITC's final determination, and to collect
cash deposits of estimated countervailing duties for each entry of
subject merchandise equal to the rates noted below. The all-others rate
applies to all producers or exporters not specifically listed.
Critical Circumstances
With regard to the ITC's negative critical circumstances
determination on imports of refillable stainless steel kegs from China,
we will instruct CBP to lift suspension and to refund any cash deposits
made to secure the payment of estimated countervailing duties with
respect to entries of the subject merchandise entered, or withdrawn
from warehouse, for consumption on or after January 5, 2019 (i.e., 90
days prior to the date of the publication of the Preliminary
Determination), but before April 5, 2019 (i.e., the date of publication
of the Preliminary Determination).
Estimated Subsidy Rates
The estimated subsidy rates are as follows:
[[Page 68401]]
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Net subsidy rate
Producer/exporter (percent)
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Equipmentines (Dalian) E[hyphen]Commerce Co., Ltd.... 145.23
Jinan HaoLu Machinery Equipment Co., Ltd............. 145.23
NDL Keg Qingdao Inc.................................. 145.23
Ningbo Direct Import & Export Co., Ltd............... 145.23
Ningbo Hefeng Container Manufacture Co., Ltd......... 145.23
Ningbo Hefeng Kitchen Utensils Manufacture Co., Ltd.. 145.23
Ningbo HGM Food Machinery Co., Ltd................... 145.23
Ningbo Jiangbei Bei Fu Industry and Trade Co., Ltd... 145.23
Ningbo Master International Trade Co., Ltd........... 16.21
Ningbo Sanfino Import & Export Co., Ltd.............. 145.23
Ningbo Shimaotong International Co., Ltd............. 145.23
Ningbo Sunburst International Trading Co., Ltd....... 145.23
Orient Equipment (Taizhou) Co., Ltd.................. 145.23
Penglai Jinfu Stainless Steel Products............... 145.23
Qingdao Henka Precision Technology Co., Ltd.......... 145.23
Shandong Tiantai Beer Equipment...................... 145.23
Sino Dragon Trading International.................... 145.23
Wenzhou Deli Machinery Equipment Co.................. 145.23
Wuxi Taihu Lamps and Lanterns Co., Ltd............... 145.23
Yantai Trano New Material Co., Ltd................... 145.23
All Others........................................... 16.21
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Provisional Measures
Section 703(d) of the Act states that the suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months. Commerce published the Preliminary
Determination on April 5, 2019. Therefore, the four-month period
beginning on the date of the publication of the Preliminary
Determination ended on August 1, 2019. In accordance with section
703(d) of the Act, Commerce instructed CBP to terminate the suspension
of liquidation and to liquidate, without regard to countervailing
duties, unliquidated entries of refillable stainless steel kegs from
China entered, or withdrawn from warehouse, for consumption after
August 1, 2019, the date the provisional measures expired. Suspension
of liquidation will resume on the date of publication in the Federal
Register of the ITC's determination that the establishment of an
industry was materially retarded by reason of subsidized imports.
Notification to Interested Parties
This notice constitutes the countervailing duty order with respect
to refillable stainless steel kegs from China pursuant to section
706(a) of the Act. Interested parties can find a list of countervailing
duty orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
This order is issued and published in accordance with section
706(a) of the Act and 19 CFR 351.211(b).
Dated: December 11, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the 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.
``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 Tariff Act of 1930, as amended.
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.
[FR Doc. 2019-27129 Filed 12-13-19; 8:45 am]
BILLING CODE 3510-DS-P