Notice2021-28558
Refillable Stainless Steel Kegs From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2019-2020
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 5, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily finds that certain producers and/or exporters made sales of refillable stainless steel kegs (kegs) at less than normal value and that one company had no shipments of subject merchandise during the period of review (POR) December 13, 2019, through November 30, 2020. Interested parties are invited to comment on these preliminary results of review.
Full Text
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<title>Federal Register, Volume 87 Issue 3 (Wednesday, January 5, 2022)</title>
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[Federal Register Volume 87, Number 3 (Wednesday, January 5, 2022)]
[Notices]
[Pages 425-427]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-28558]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-093]
Refillable Stainless Steel Kegs From the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative Review
and Preliminary Determination of No Shipments; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
certain producers and/or exporters made sales of refillable stainless
steel kegs (kegs) at less than normal value and that one company had no
shipments of subject merchandise during the period of review (POR)
December 13, 2019, through November 30, 2020. Interested parties are
invited to comment on these preliminary results of review.
DATES: Applicable January 5, 2022.
FOR FURTHER INFORMATION CONTACT: Michael Romani and Konrad Ptaszynski,
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) 482-0198 or (202)
482-6187, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 16, 2019, we published in the Federal Register an
antidumping duty order on kegs from the People's Republic of China
(China).\1\ On December 2, 2020, we published in the Federal Register a
notice of opportunity to request an administrative review of the
Order.\2\ On February 4, 2021, based on timely requests for an
administrative review, Commerce initiated the administrative review of
the antidumping duty order on kegs.\3\ The administrative review covers
30 companies, which includes the mandatory respondent, Guangzhou Ulix
Industrial & Trading Co., Ltd. (Ulix).\4\
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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 2, 2020) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 85 FR 77431 (December 2, 2020).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 8166 (February 4, 2021) (Initiation
Notice).
\4\ See Memorandum, ``Administrative Review of Refillable
Stainless Steel Kegs from the People's Republic of China: Respondent
Selection,'' dated May 12, 2021.
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Scope of the Order
The products covered by this Order are refillable stainless steel
kegs. A full description of the scope of the Order is provided in the
Preliminary Decision Memorandum.\5\
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\5\ See Memorandum, ``Refillable Stainless Steel Kegs from the
People's Republic of China: Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review and Preliminary
Determination of No Shipments; 2019-2020,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Preliminary Determination of No Shipments
One company that received a separate rate in previous segments of
the proceeding and is subject to this review did not have any exports
of subject merchandise during the POR.\6\ Based on information on the
record, we preliminarily determine that Guangzhou Jingye Machinery Co.,
Ltd. (Jingye)'s had no shipments of subject merchandise during the POR.
Consistent with our practice in non-market economy (NME) cases, we are
not rescinding this review with respect to these companies but, rather,
intend to complete the review and issue appropriate instructions to CBP
based on the final results of the review.\7\ For additional information
regarding these preliminary determinations, see the Preliminary
Decision Memorandum.
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\6\ See Memorandum ``U.S. Customs and Border Protection (CBP)
Data Release,'' dated February 19, 2021 at Attachment 1; see also
Memorandum ``U.S. Customs and Border Protection (CBP) Data
Release,'' dated May 12, 2021 at Attachment 1.
\7\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011); see
also the ``Assessment Rates'' section, below.
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China-Wide Entity
Under Commerce's policy regarding the conditional review of the
China-wide entity,\8\ the China-wide entity will not be under review
unless a party specifically requests, or Commerce self-initiates, a
review of the entity. Because no party requested a review of the China-
wide entity in this review, the entity is not under review, and the
entity's rate (i.e., 77.13 percent) is not subject to change.\9\ Aside
from the no-shipment companies discussed above, Commerce considers all
other companies for which a review was requested (none of which filed a
separate rate application) listed in Appendix II to this notice, to be
part of the China-wide entity.\10\
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\8\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\9\ See Order.
\10\ See Initiation Notice, 86 FR 8166, 8167 (January 11, 2018)
(``All firms listed below that wish to qualify for separate rate
status in the administrative reviews involving NME countries must
complete, as appropriate, either a separate rate application or
certification, as described below.''). See 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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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. The Preliminary
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 <a href="https://access.trade.gov">https://access.trade.gov</a>. A list of topics
discussed in the Preliminary Decision Memorandum is included as an
appendix to this notice. In addition,
[[Page 426]]
a complete version of the Preliminary Decision Memorandum can be found
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Preliminary Results of the Administrative Review
Commerce preliminarily determines that the following weighted-
average dumping margin exists for the administrative review covering
the period December 13, 2019, through November 30, 2020:
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Weighted-
average
Exporters dumping
margin
(percent)
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Guangzhou Ulix Industrial & Trading Co., Ltd............... 0.00
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Disclosure
Commerce intends to disclose to parties to the proceeding the
calculations performed for these preliminary results of review within
five days of the date of publication of this notice in the Federal
Register in accordance with 19 CFR 351.224(b).
Public Comment
Because Commerce intends to request additional information after
these preliminary results, interested parties will be provided an
opportunity to submit written comments (case briefs) at a date to be
determined by Commerce and rebuttal comments (rebuttal briefs) within
seven days after the time limit for filing case briefs.\11\ Pursuant to
19 CFR 351.309(d)(2), rebuttal briefs must be limited to issues raised
in the case briefs.\12\ Commerce modified certain of its requirements
for serving documents containing business proprietary information until
further notice.\13\ Parties who submit case briefs or rebuttal briefs
in this proceeding are encouraged to submit with each argument: (1) A
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities.\14\
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\11\ See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l). Interested
parties will be notified through ACCESS regarding the deadline for
submitting case briefs; see also 19 CFR 351.303 (for general filing
requirements); Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 17006 (March 26, 2020); and Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020)).
\12\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\13\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
\14\ See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for
general filing requirements).
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Unless the deadline is extended, Commerce intends to issue the
final results of this review, including the results of its analysis of
the issues raised in any written briefs, no later than 120 days after
the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h).
Assessment Rates
Upon issuing the final results, Commerce will determine, and U.S.
Customs and Border Protection (CBP) shall assess, antidumping duties on
all appropriate entries covered by this review.\15\ If the preliminary
results are unchanged for the final results, we will instruct CBP to
apply an ad valorem assessment rate of 77.13 percent to all entries of
subject merchandise during the POR which were exported by the companies
listed in Appendix II of this notice. If Commerce determines that an
exporter under review had no shipments of the subject merchandise, any
suspended entries that entered under that exporter's case number (i.e.,
at that exporter's rate) will be liquidated at the China-wide rate.\16\
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\15\ See 19 CFR 351.212(b)(1).
\16\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65695 (October 24, 2011).
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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of 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
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 the subject merchandise
exported by the company listed above that has a separate rate, the cash
deposit rate will be equal to the weighted-average dumping margin
established in the final results of this administrative review (except,
if the rate is zero or de minimis, then zero cash deposit will be
required); (2) for previously investigated or reviewed Chinese and non-
Chinese exporters not listed above that received a separate rate in a
prior segment of this proceeding, the cash deposit rate will continue
to be the existing exporter-specific rate; (3) for all Chinese
exporters of subject merchandise that have not been found to be
entitled to a separate rate, the cash deposit rate will be that for the
China-wide entity; and (4) 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 that supplied
that non-Chinese exporter. These deposit requirements, when imposed,
shall remain in effect until further notice.
Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during these PORs. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification to Interested Parties
Commerce is issuing and publishing the preliminary results of this
review in accordance with sections 751(a)(1)(B), 751(a)(3) and 777(i)
of the Act, and 19 CFR 351.213 and 351.221(b)(4).
Dated: December 29, 2021.
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 Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Discussion of the Methodology
VI. Adjustment Under Section 777A(f) of the Act
VII. Recommendation
Appendix II
Companies that are subject to this administrative review that
are considered to be part of the China-wide entity are:
1. Equipmentimes (Dalian) E-Commerce Co., Ltd.
2. Jinan HaoLu Machinery Equipment Co., Ltd.
3. NDL Keg Qingdao Inc.
4. Ningbo BestFriends Beverage Containers Industry Co., Ltd.
5. Ningbo Chance International Trade Co., Ltd.
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6. Ningbo Direct Import & Export Co., Ltd.
7. Ningbo Haishu Direct Import and Export Trade Co., Ltd.
8. Ningbo Haishu Xiangsheng Metal Factory
9. Ningbo Hefeng Container Manufacturer Co., Ltd.
10. Ningbo Hefeng Kitchen Utensils Manufacture Co., Ltd.
11. Ningbo HGM Food Machinery Co., Ltd.
12. Ningbo Jiangbei Bei Fu Industry and Trade Co., Ltd.
13. Ningbo Kegco International Trade Co., Ltd.
14. Ningbo Minke Import & Export Co., Ltd.
15. Ningbo Sanfino Import & Export Co., Ltd.
16. Ningbo Shimaotong International Co., Ltd.
17. Ningbo Sunburst International Trading Co., Ltd.
18. Orient Equipment (Taizhou) Co., Ltd.
19. Penglai Jinfu Stainless Steel Products
20. Qingdao Henka Precision Technology Co., Ltd
21. Rain Star International Trading Dalian Co., Ltd.
22. Shandong Tiantai Beer Equipment Co., Ltd.
23. Shandong Tonsen Equipment Co., Ltd.
24. Sino Dragon Group, Ltd.
25. Wenzhou Deli Machinery Equipment Co.
26. Wuxi Taihu Lamps and Lanterns Co., Ltd.
27. Yantai Toptech Ltd.
28. Yantai Trano New Material Co., Ltd
[FR Doc. 2021-28558 Filed 1-4-22; 8:45 am]
BILLING CODE 3510-DS-P
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