Notice2022-14566
Refillable Stainless Steel Kegs From the People's Republic of China: Final Results of the Antidumping Duty Administrative Review; 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
July 8, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that certain producers and/or exporters did not sell subject merchandise in the United States at prices below normal value (NV) during the period of review (POR) December 13, 2019, through November 30, 2020.
Full Text
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<title>Federal Register, Volume 87 Issue 130 (Friday, July 8, 2022)</title>
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[Federal Register Volume 87, Number 130 (Friday, July 8, 2022)]
[Notices]
[Pages 40784-40786]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14566]
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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;
2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain producers and/or exporters did not sell subject merchandise in
the United States at prices below normal value (NV) during the period
of review (POR) December 13, 2019, through November 30, 2020.
DATES: Applicable July 8, 2022.
FOR FURTHER INFORMATION CONTACT: Konrad Ptaszynski, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230; telephone: (202) 482-6187.
SUPPLEMENTARY INFORMATION:
Background
On January 5, 2022, Commerce published the Preliminary Results of
this administrative review of the antidumping duty order on kegs from
the People's Republic of China (China) \1\ in the Federal Register.\2\
On April 18, 2022, we received case briefs from Guangzhou Jingye
Machinery Co., Ltd. (Jingye),\3\ and the American Keg Company (the
Petitioner).\4\ On April 28, 2022, we received a rebuttal briefs from
the Petitioner, Jingye and Guangzhou Ulix Industrial & Trading Co.,
Ltd. (Ulix).\5\ Commerce addressed comments from the parties in the
Issues and Decision Memorandum accompanying this notice.\6\ Commerce
conducted this administrative review in accordance with section 751 of
the Tariff Act of 1930, as amended (the Act).
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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) (Order).
\2\ See 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, 87 FR 425 (January 5, 2022) (Preliminary Results).
\3\ See Jingye's Letter, ``Jingye Letter in Lieu of Case
Brief,'' dated April 18, 2022.
\4\ See Petitioner's Letter, ``Case Brief,'' dated April 18,
2022.
\5\ See Petitioner's Letter, ``Case Brief,'' dated April 28,
2022; see also Jingye's Letter, ``Jingye Rebuttal Brief,'' dated
April 28, 2022.; and Ulix's Letter, ``Ulix Rebuttal Brief,'' dated
April 28, 2022.
\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2019-2020 Administrative Review of Refillable
Stainless Steel Kegs from the People's Republic of China,'' dated
concurrently with, and hereby adapted by, this notice (Issues and
Decision Memorandum).
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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
Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in the administrative review are addressed in the Issues and Decision
Memorandum, which is hereby adopted by this notice. A list of the
issues that parties raised and to which we responded in the Issues and
Decision Memorandum is included as 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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a complete version of the Issues and Decision Memorandum is
available to parties at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary
[[Page 40785]]
Results, we made one change to the Preliminary Results of this
administrative review regarding Jingye. For the final results of
review, we find that Jingye had a sale during the POR and is entitled
to a separate rate. We made no changes to the margin calculation for
Ulix.
Rate for Non-Examined Separate Rate Respondent
The statute and Commerce's regulations do not address what rate to
apply to respondents not selected for individual examination when
Commerce limits its examination in an administrative review pursuant to
section 777A(c)(2) of the Act. Generally, Commerce looks to section
735(c)(5) of the Act, which provides instructions for calculating the
all-others rate in an investigation, for guidance when calculating the
rate for non-selected respondents that are not examined individually in
an administrative review. Section 735(c)(5)(A) of the Act states that
the all-others rate should be calculated by averaging the weighted-
average dumping margins for individually examined respondents,
excluding rates that are zero, de minimis, or based entirely on facts
available. When the rates for individually examined companies are all
zero, de minimis, or based entirely on facts available, section
735(c)(5)(B) of the Act provides that Commerce may use ``any reasonable
method'' to establish the all-others rate.
We have calculated a 0.00 percent dumping margin for the mandatory
respondent, Ulix. We assigned the non-individually examined separate
rate respondent a dumping margin equal to the dumping margin of Ulix,
consistent with the guidance in section 735(c)(5)(B) of the Act.
Final Results of Review
Commerce 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
Guangzhou Jingye Machinery Co., Ltd......................... 0.00
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Disclosure
Normally, Commerce discloses the calculations used in its analysis
to parties in a review within five days of the date of publication of
the notice of final results of the review, in accordance with 19 CFR
351.224(b). However, in this case, given we made no changes to the
calculations addressed in the Preliminary Results, there are no
additional calculations on the record to disclose to the interested
parties.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.212(b), Commerce has determined, and
U.S Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review. 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).
Because the weighted-average dumping margin for Ulix and the
respondent that was not selected for individual examination in this
administrative review but qualified for a separate rate is zero,
Jingye, Commerce will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties.\7\ For the companies listed in
Appendix II, identified as part of the China-wide entity, we will
instruct CBP to apply an antidumping duty assessment rate of 77.13
percent (the rate applicable to the China-wide entity) to all entries
of subject merchandise during the POR exported by those companies.
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\7\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14,
2012).
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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
sections 751(a)(2)(C) of the Act: (1) for previously investigated or
reviewed Chinese or 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; (2) 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 (i.e., 77.13 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 that supplied that non-Chinese
exporter. These deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification Regarding Administrative Protective Order
This notice also serves as a final reminder to parties subject to
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 return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing these final results of review in
accordance with sections 751(a)(l), 751(a)(2)(B), and 777(i) of the
Act.
Dated: June 30, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
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 Commerce should Find that Ulix Engaged in
Middleman Dumping
Comment 2: Whether Commerce Should Find that Ulix Is an Agent of
the Sole Supplier of Subject Merchandise
Comment 3: Whether Commerce Should Apply Total Averse Facts
Available (AFA) to Ulix
[[Page 40786]]
Comment 4: Whether Commerce Erred in its Rejection of the
Petitioner's NFI
Comment 5: Whether Commerce Should Find that Jingye had a
Suspended Sale of Subject Merchandise in the POR and Assign Jingye a
Separate Rate
V. 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.
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. 2022-14566 Filed 7-7-22; 8:45 am]
BILLING CODE 3510-DS-P
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