Refillable Stainless-Steel Kegs From Mexico and the People's Republic of China: Final Results of Sunset Reviews and Revocation of Orders
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.
Issuing agencies
Abstract
On September 3, 2024, the U.S. Department of Commerce (Commerce) initiated the first sunset review of the antidumping duty (AD) order on refillable stainless-steel kegs (kegs) from Mexico and the AD and countervailing duty (CVD) orders on kegs from the People's Republic of China (China). Because no domestic interested party responded to the sunset review notice of initiation by the applicable deadline, consistent with section 751(c)(3)(A) of the Tariff Act of 1930, as amended (the Act), Commerce is revoking the AD orders on kegs from China and Mexico and the CVD order on kegs from China.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 225 (Thursday, November 21, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 225 (Thursday, November 21, 2024)]
[Notices]
[Pages 92095-92096]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-27170]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-849, A-570-093, C-570-094]
Refillable Stainless-Steel Kegs From Mexico and the People's
Republic of China: Final Results of Sunset Reviews and Revocation of
Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On September 3, 2024, the U.S. Department of Commerce
(Commerce) initiated the first sunset review of the antidumping duty
(AD) order on refillable stainless-steel kegs (kegs) from Mexico and
the AD and countervailing duty (CVD) orders on kegs from the People's
Republic of China (China). Because no domestic interested party
responded to the sunset review notice of initiation by the applicable
deadline, consistent with section 751(c)(3)(A) of the Tariff Act of
1930, as amended (the Act), Commerce is revoking the AD orders on kegs
from China and Mexico and the CVD order on kegs from China.
DATES: Applicable November 21, 2024.
FOR FURTHER INFORMATION CONTACT: Carter Sherwin, AD/CVD Operations,
Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4260.
SUPPLEMENTARY INFORMATION:
Background
On October 10, 2019, Commerce issued the AD order on kegs from
Mexico.\1\ On December 16, 2019, Commerce issued the AD and CVD orders
on kegs from China.\2\ On September 3, 2024, Commerce initiated the
current sunset reviews of the China Orders and Mexico Order
(collectively, Orders), pursuant to section 751(c) of the Act).\3\
---------------------------------------------------------------------------
\1\ See Refillable Stainless Steel Kegs From Mexico: Antidumping
Duty Order, 84 FR 54591 (October 10, 2019) (Mexico Order).
\2\ See Refillable Stainless-Steel Kegs from the Federal
Republic of Germany and the People's Republic of China: Antidumping
Duty Order, 84 FR 68405 (December 16, 2019) (AD China Order); see
also Refillable Stainless-Steel Kegs from the People's Republic of
China: Countervailing Duty Order, 84 FR 68400 (December 16, 2019)
(CVD China Order) (collectively, China Orders).
\3\ See Initiation of Five-Year (Sunset) Reviews, 89 FR 71252
(September 3, 2024).
---------------------------------------------------------------------------
On September 24, 2024, Commerce staff spoke with counsel to the
American Keg Company LLC (the petitioner) who informed Commerce that
the petitioner does not intend to participate in these sunset
reviews.\4\ As a result, in accordance with 19 CFR
351.218(d)(1)(iii)(B)(1), Commerce determined that no domestic
interested party intends to participate in these sunset reviews. On
September 25, 2024, we notified the U.S. International Trade Commission
of these facts and that we intended to revoke the Orders within 90 days
of the initiation, consistent with 19 CFR 351.218(d)(1)(iii)(B)(2).\5\
---------------------------------------------------------------------------
\4\ See Memorandum, ``Petitioner Does Not Intend to Participate
in the Reviews,'' dated September 25, 2024. (Petitioner
Participation Memorandum).
\5\ See Commerce's Letter, ``Sunset Reviews Initiated on
September 3, 2024,'' dated September 25, 2024.
---------------------------------------------------------------------------
Scope of the Orders
The merchandise covered by the Orders 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 Orders 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 Orders 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 this investigation is
dispositive.
Revocation
Pursuant to section 751(c)(3)(A) of the Act and 19 CFR
351.218(d)(1)(iii)(B)(3), if no domestic interested party responds to a
notice of initiation, Commerce shall, within 90 days after the
initiation of review, revoke the order. Because the petitioner informed
Commerce that it did not intend to participate in these sunset reviews,
we are revoking the Orders.\6\
---------------------------------------------------------------------------
\6\ See Petitioner Participation Memorandum.
---------------------------------------------------------------------------
Effective Date of Revocation
Pursuant to section 751(c)(3)(A) of the Act and 19 CFR
351.222(i)(2)(i), Commerce intends to instruct U.S. Customs and Border
Protection to terminate the suspension of liquidation of the
merchandise subject to these Orders entered, or withdrawn from the
warehouse, on or after October 10, 2024, the fifth anniversary of the
date of the
[[Page 92096]]
publication of the Mexico Order, and December 16, 2024, the fifth
anniversary of the date of publication of the China Orders,
respectively.\7\
---------------------------------------------------------------------------
\7\ See Mexico Order, 84 FR 54591; AD China Order, 84 FR 68405;
and CVD China Order, 84 FR 68400.
---------------------------------------------------------------------------
Entries of subject merchandise prior to the effective date of
revocation will continue to be subject to suspension of liquidation and
AD and CVD deposit requirements. Commerce may conduct administrative
reviews of subject merchandise entered prior to the effective date of
revocation in response to appropriately filed requests for review.
Notifications to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(c) and 777(i)(1) of the Act, and 19 CFR
351.218(d)(1)(iii)(B)(3) and 351.222(i)(1)(i).
Dated: November 14, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-27170 Filed 11-20-24; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.