Notice2023-08272
Refillable Stainless Steel Kegs From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 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
April 19, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies were provided to certain exporters/producers of refillable stainless steel kegs (kegs) from the People's Republic of China (China) during the period of review (POR) January 1, 2020, through December 31, 2020.
Full Text
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<title>Federal Register, Volume 88 Issue 75 (Wednesday, April 19, 2023)</title>
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[Federal Register Volume 88, Number 75 (Wednesday, April 19, 2023)]
[Notices]
[Pages 24165-24166]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08272]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-094]
Refillable Stainless Steel Kegs From the People's Republic of
China: Final Results of Countervailing Duty Administrative Review; 2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies were provided to certain exporters/producers
of refillable stainless steel kegs (kegs) from the People's Republic of
China (China) during the period of review (POR) January 1, 2020,
through December 31, 2020.
DATES: Applicable April 19, 2023.
FOR FURTHER INFORMATION CONTACT: Ted Pearson, 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.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of this administrative
review in the Federal Register on December 21, 2022, and invited
interested parties to comment.\1\ For a complete description of the
events that occurred subsequent to the Preliminary Results, see the
Issues and Decision Memorandum.\2\
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\1\ See Refillable Stainless Steel Kegs from the People's
Republic of China: Preliminary Results of Countervailing Duty
Administrative Review, Rescission of Review in Part; 2020, 87 FR
78045 (December 21, 2022) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review of
Refillable Stainless Steel Kegs from the People's Republic of China;
2020,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
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Scope of the Order <SUP>3</SUP>
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\3\ See Refillable Stainless Steel Kegs from the People's
Republic of China: Countervailing Duty Order, 84 FR 68400 (December
16, 2019) (Order).
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The products covered by the scope of the Order are kegs from China.
A full description of the scope of the Order is contained in the Issues
and Decision Memorandum.
Analysis of Comments Received
All issues raised by the interested parties in their case and
rebuttal briefs are addressed in the Issues and Decision Memorandum and
are listed in the appendix 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 can be accessed directly
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 our analysis of comments from interested parties and the
evidence on the record, we revised the calculation of the net
countervailable subsidy rates for Ningbo Master International Trade
Co., Ltd. (Ningbo Master). For a discussion of the issues, see the
Issues and Decision Memorandum.
Methodology
Commerce conducted this administrative review in accordance with
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act).
For each of the subsidy programs found to be countervailable, we find
that there is a subsidy, i.e., a government-provided financial
contribution that gives rise to a benefit to the recipient, and that
the subsidy is specific.\4\ For a complete description of the
methodology underlying all of Commerce's conclusions, including our
reliance, in part, on facts otherwise available, including adverse
facts available, pursuant to sections 776(a) and (b) of the Act, see
the Issues and Decision Memorandum.
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\4\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Companies Not Selected for Individual Review
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to
[[Page 24166]]
companies not selected for individual examination when Commerce limits
its examination in an administrative review pursuant to section
777A(e)(2) of the Act. However, Commerce normally determines the rates
for non-selected companies in reviews in a manner that is consistent
with section 705(c)(5) of the Act, which provides the basis for
calculating the all-others rate in an investigation. Section
705(c)(5)(A)(i) of the Act instructs Commerce, as a general rule, to
calculate the all-others rate equal to the weighted average of the
countervailable subsidy rates established for exporters and producers
individually investigated, excluding any zero or de minimis
countervailable subsidy rates, and any rates determined entirely on the
basis of facts available.
There are two companies for which a review was requested and not
rescinded, and which were not selected as mandatory respondents or
found to be cross-owned with a mandatory respondent. For these non-
selected companies, because the rate calculated for the only
participating mandatory respondent in this review, Ningbo Master, was
above de minimis and not based entirely on facts available, we are
applying Ningbo Master's subsidy rate to the two non-selected
companies.
This is the same methodology Commerce applied in the Preliminary
Results for determining a rate for companies not selected for
individual examination. However, due to changes in the calculation for
Ningbo Master, we revised the non-selected rate accordingly.
Consequently, for both of the non-selected companies for which a review
was requested and not rescinded, we are applying an ad valorem subsidy
rate of 5.22 percent.
Final Results of Administrative Review
We determine find the net countervailable subsidy rates for the
mandatory and non-selected respondents under review for the period
January 1, 2020, through December 31, 2020, to be as follows:
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\5\ Commerce finds the following companies to be cross-owned
with Ningbo Master: Ningbo Major Draft Beer Equipment Co., Ltd. and
Zhejiang Major Technology Co., Ltd.
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Subsidy rate
Producer or exporter (percent ad
valorem)
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Ningbo Master International Trade Co., Ltd \5\.......... 5.22
Review-Specific Average Rate Applicable to the Following
Companies:
Guangzhou Jingye Machinery Co., Ltd................... 5.22
Guangzhou Ulix Industrial & Trading Co., Ltd.......... 5.22
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Disclosure
Commerce intends to disclose calculations and analysis performed
for the final results of review within five days after the date of
publication of this notice in the Federal Register in accordance with
19 CFR 351.224(b).
Assessment Requirements
In accordance with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, countervailing duties on all appropriate
entries covered by this review, for the above-listed companies at the
applicable ad valorem assessment rates listed. Commerce intends to
issue assessment instructions to CBP no earlier than 35 days after
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
In accordance with section 751(a)(1) of the Act, Commerce also
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amounts shown above for the above-listed
companies with regard to shipments of subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of these final results of review. For all non-reviewed
firms, we will instruct CBP to continue to collect cash deposits of
estimated countervailing duties at the all-others rate or the most
recent company-specific rate applicable to the company, as appropriate.
These cash deposit requirements, effective upon publication of these
final results, 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 disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). 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 Interested Parties
The final results are issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: April 13, 2023.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Non-Selected Companies Under Review
V. Use of Facts Otherwise Available and Application of Adverse
Inferences
VI. Subsidies Valuation
VII. Analysis of Programs
VIII. Analysis of Comments
Comment 1: Whether Commerce Should Include Seasonal Prices in
the Electricity Benchmark
Comment 2: Whether Commerce Should Revise the Electricity
Benchmark Selected for Certain Affiliated Company Purchases
Comment 3: Whether Commerce Should Average Certain Sources for
Input Benchmarks
Comment 4: Whether Commerce Should Incorporate Retaliatory
Tariffs in Calculating Input Benchmarks
IX. Recommendation
[FR Doc. 2023-08272 Filed 4-18-23; 8:45 am]
BILLING CODE 3510-DS-P
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