83_FR_52392 83 FR 52192 - Refillable Stainless Steel Kegs From the People's Republic of China: Initiation of Countervailing Duty Investigation

83 FR 52192 - Refillable Stainless Steel Kegs From the People's Republic of China: Initiation of Countervailing Duty Investigation

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 200 (October 16, 2018)

Page Range52192-52195
FR Document2018-22483

Federal Register, Volume 83 Issue 200 (Tuesday, October 16, 2018)
[Federal Register Volume 83, Number 200 (Tuesday, October 16, 2018)]
[Notices]
[Pages 52192-52195]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22483]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-094 ]


Refillable Stainless Steel Kegs From the People's Republic of 
China: Initiation of Countervailing Duty Investigation

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.


DATES: Applicable October 10, 2018.

FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski or Robert Brown at 
(202) 482-1395 or (202) 482-3702, respectively, AD/CVD Operations, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230.

SUPPLEMENTARY INFORMATION: 

The Petition

    On September 20, 2018, the U.S. Department of Commerce (Commerce) 
received a countervailing duty petition (CVD Petition) concerning 
imports of refillable stainless steel kegs (kegs) from the People's 
Republic of China (China), filed in proper form on behalf of the 
American Keg Company LLC (the petitioner), a domestic producer of 
kegs.\1\ The CVD Petition was accompanied by antidumping duty (AD) 
petitions concerning imports of kegs from China, Germany, and Mexico.
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    \1\ See the petitioner's letter, ``Petitions for the Imposition 
of Antidumping Duties on Imports of Refillable Stainless Steel Kegs 
from Germany, Mexico, and the People's Republic Of China and 
Countervailing Duties on Imports of Refillable Stainless Steel Kegs 
from the People's Republic Of China,'' dated September 20, 2018 (the 
Petition).
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    On September 25, 2018, Commerce requested supplemental information 
pertaining to certain aspects of the Petition in two separate 
supplemental questionnaires, one addressing the programs alleged as 
countervailable subsidies, and one primarily addressing scope 
clarification issues.\2\ The petitioner filed additional information on 
September 27, 2018.\3\
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    \2\ See Commerce's Letters titled ``Petition for the Imposition 
of Countervailing Duties on Imports of Refillable Stainless Steel 
Kegs from the People's Republic of China: Supplemental Questions,'' 
and ``Petitions for the Imposition of Antidumping Duties on Imports 
of Refillable Stainless Steel Kegs from the People's Republic of 
China, the Federal Republic of Germany, and Mexico, and 
Countervailing Duty Imports from the People's Republic of China: 
Supplemental Questions,'' both dated September 25, 2018.
    \3\ See the petitioner's Letter, ``Supplement to the Petition 
for the Imposition of Countervailing Duties on Imports of Refillable 
Stainless Steel Kegs from China: Response to the Department's 
Supplemental Questions,'' dated September 27, 2018 (Supplement).
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    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that the Government of China 
(GOC) is providing countervailable subsidies, within the meaning of 
sections 701 and 771(5) of the Act, to producers of kegs in China and 
that imports of such products are materially injuring, or threatening 
material injury to, the domestic kegs industry in the United States. 
Consistent with section 702(b)(1) of the Act and 19 CFR 351.202(b), for 
those alleged programs on which we are initiating a CVD investigation, 
the Petition is accompanied by information reasonably available to the 
petitioner supporting its allegations.
    Commerce finds that the petitioner filed the Petition on behalf of 
the domestic industry because the petitioner is an interested party as 
defined in section 771(9)(E) of the Act. Commerce also finds that the 
petitioner demonstrated sufficient industry support necessary for the 
initiation of the requested CVD investigation.\4\
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    \4\ See the ``Determination of Industry Support for the 
Petition'' section, infra.
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Period of Investigation

    Because the Petition was filed on September 20, 2018, the period of 
investigation is January 1, 2017, through December 31, 2017.

Scope of the Investigation

    The product covered by this investigation is kegs from China. For a 
full description of the scope of these investigations, see the Appendix 
to this notice.

Comments on the Scope of the Investigation

    During our review of the Petition, we contacted the petitioners 
regarding the proposed scope to ensure that the scope language in the 
Petitions is an accurate reflection of the products for which the 
domestic industry is seeking relief.\5\ As a result, the scope of the 
Petitions was modified to clarify the description of merchandise 
covered by the Petitions. The description of the merchandise covered by 
these investigations, as described in the Appendix to this notice, 
reflects these clarifications.
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    \5\ See Supplement at ``General Issues Questionnaire'' section 
(General Issues Supplement) at 1-9; see also Revised Scope, at 
Exhibit 1.
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    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (scope).\6\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determination. If scope comments include factual information,\7\ all 
such factual information should be limited to public information. To 
facilitate preparation of its questionnaires, Commerce requests that 
all interested parties submit such comments by 5:00 p.m. Eastern Time 
(ET) on October 30, 2018, which is 20 calendar days from the signature 
date of this notice. Any

[[Page 52193]]

rebuttal comments, which may include factual information, must be filed 
by 5:00 p.m. ET on November 9, 2018, which is 10 calendar days from the 
initial comments deadline.\8\
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    \6\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \7\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \8\ See 19 CFR 351.303(b).
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    Commerce requests that any factual information parties consider 
relevant to the scope of the investigation be submitted during this 
period. However, if a party subsequently finds that additional factual 
information pertaining to the scope of the investigation may be 
relevant, the party may contact Commerce and request permission to 
submit the additional information. All such submissions must be filed 
on the records of the concurrent AD and CVD investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically using 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS).\9\ An electronically 
filed document must be received successfully in its entirety by the 
time and date it is due. Documents exempted from the electronic 
submission requirements must be filed manually (i.e., in paper form) 
with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230, and stamped with the date and time of receipt by the applicable 
deadlines.
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    \9\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011). See also Enforcement and 
Compliance: Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of Commerce's electronic filing 
requirements, which went into effect on August 5, 2011. Information 
on help using ACCESS can be found at https://access.trade.gov/help.aspx, and a handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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Consultations

    Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce 
notified representatives of the GOC of the receipt of the Petition and 
provided them the opportunity for consultations with respect to the CVD 
Petition.\10\ The GOC did not request consultations.
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    \10\ See Commerce's Letter, ``Countervailing Duty Petition on 
Refillable Stainless Steel Kegs from the People's Republic of 
China,'' dated September 21, 2018.
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Determination of Industry Support for the Petition

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
Poll the industry or rely on other information in order to determine if 
there is support for the petition; or (ii) if there is a large number 
of producers in the domestic industry, determine industry support using 
any statistically valid sampling method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC must apply the same statutory definition regarding the domestic 
like product,\11\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\12\
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    \11\ See section 771(10) of the Act.
    \12\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the investigation.\13\ Based on our analysis of the information 
submitted on the record, we have determined that kegs, as defined in 
the scope, constitute a single domestic like product, and we have 
analyzed industry support in terms of that domestic like product.\14\
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    \13\ See Volume I of the Petition, at 33-36.
    \14\ For a discussion of the domestic like product analysis as 
applied to this case and information regarding industry support, see 
Countervailing Duty Investigation Initiation Checklist: Refillable 
Stainless Steel Kegs from the People's Republic of China (China CVD 
Initiation Checklist), at Attachment II, Analysis of Industry 
Support for the Antidumping and Countervailing Duty Petitions 
Covering Refillable Stainless Steel Kegs from the People's Republic 
of China, the Federal Republic of Germany, and Mexico (Attachment 
II). This checklist is dated concurrently with this notice and on 
file electronically via ACCESS. Access to documents filed via ACCESS 
is also available in the Central Records Unit, Room B8024 of the 
main Department of Commerce building.
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    In determining whether the petitioner has standing under section 
702(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition with reference to the domestic like product 
as defined in the ``Scope of the Investigation,'' in the Appendix to 
this notice. To establish industry support, the petitioner provided its 
own production of the domestic like product in 2017.\15\ The petitioner 
states that there are no other known producers of kegs in the United 
States; therefore, the Petition is supported by 100 percent of the U.S. 
industry.\16\
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    \15\ See Volume I of the Petition at 49 and 51.
    \16\ Id. at 5-6 and Exhibit GEN-10; see also General Issues 
Supplement, at 10-18 and Exhibit SUPP-GEN-6.
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    Our review of the data provided in the Petition, the General Issues 
Supplement, and other information readily available to Commerce 
indicates that the petitioner has established industry support for the 
Petition.\17\ First, the Petition established support from domestic 
producers (or workers) accounting for more than 50 percent of the total 
production of the domestic like product and, as such, Commerce is not 
required to take further action in order to evaluate industry support 
(e.g., polling).\18\ Second, the domestic producers (or workers) have 
met the statutory criteria for industry support under section 
702(c)(4)(A)(i) of the Act because the domestic producers (or workers) 
who support the Petition account for at least 25 percent of the total 
production of the domestic like product.\19\ Finally, the domestic

[[Page 52194]]

producers (or workers) have met the statutory criteria for industry 
support under section 702(c)(4)(A)(ii) of the Act because the domestic 
producers (or workers) who support the Petition account for more than 
50 percent of the production of the domestic like product produced by 
that portion of the industry expressing support for, or opposition to, 
the Petition.\20\ Accordingly, Commerce determines that the Petition 
was filed on behalf of the domestic industry within the meaning of 
section 702(b)(1) of the Act.
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    \17\ Id.
    \18\ Id.; see also section 702(c)(4)(D) of the Act.
    \19\ See China CVD Initiation Checklist, at Attachment II.
    \20\ Id.
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    Commerce finds that the petitioner filed the Petition on behalf of 
the domestic industry because it is an interested party as defined in 
section 771(9)(C) of the Act, and it has demonstrated sufficient 
industry support with respect to the CVD investigation that it is 
requesting that Commerce initiate.\21\
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    \21\ Id.
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Injury Test

    Because China is a ``Subsidies Agreement Country'' within the 
meaning of section 701(b) of the Act, section 701(a)(2) of the Act 
applies to this investigation. Accordingly, the ITC must determine 
whether imports of the subject merchandise from China materially 
injure, or threaten material injury to, a U.S. industry.

Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that imports of the subject merchandise are 
benefitting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. In addition, the petitioner 
alleges that subject imports exceed the negligibility threshold 
provided for under section 771(24)(A) of the Act.\22\
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    \22\ See Volume I of the Petition, at 37-38.
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    The petitioner contends that the industry's injured condition is 
illustrated by a significant volume of subject imports and an 
increasing share of subject imports relative to total imports; 
underselling and price depression or suppression; recent declines in 
production and capacity utilization; negative impact on the domestic 
industry's investment, cash flows, and inventories; decline in the 
domestic industry's financial performance; and lost sales and 
revenues.\23\ We have assessed the allegations and supporting evidence 
regarding material injury, threat of material injury, causation, as 
well as cumulation, and we have determined that these allegations are 
properly supported by adequate evidence, and meet the statutory 
requirements for initiation.\24\
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    \23\ Id. at 23-33, 37-53, and Exhibit GEN-35; see also General 
Issues Supplement, at 18-33 and Exhibit SUPP GEN-7.
    \24\ See China CVD Initiation Checklist, at Attachment III, 
Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petitions 
Covering Refillable Stainless Steel Kegs from the People's Republic 
of China, the Federal Republic of Germany, and Mexico (Attachment 
III).
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Initiation of CVD Investigation

    Based on the examination of the Petition, we find that the Petition 
meets the requirements of section 702 of the Act. Therefore, we are 
initiating a CVD investigation to determine whether imports of kegs 
from China benefit from countervailable subsidies conferred by the GOC. 
In accordance with section 703(b)(1) of the Act and 19 CFR 
351.205(b)(1), unless postponed, we will make our preliminary 
determination no later than 65 days after the date of this initiation.
    Based on our review of the Petition, we find that there is 
sufficient information to initiate a CVD investigation on 21 of the 24 
subsidy programs alleged in the petition. For a full discussion of the 
basis for our decision to initiate or not on each program, see China 
CVD Initiation Checklist. A public version of the initiation checklist 
for this investigation is available on ACCESS.

Respondent Selection

    The petitioner named 26 producers/exporters as accounting for the 
majority of exports of kegs to the United States from China.\25\ In the 
event Commerce determines that the number of companies is large and it 
cannot individually examine each company based upon Commerce's 
resources, where appropriate, Commerce intends to select mandatory 
respondents based on quantity and value (Q&V) questionnaires issued to 
potential respondents. Commerce normally selects mandatory respondents 
in a CVD investigation using U.S. Customs and Border Protection (CBP) 
entry data. However, for this investigation, the Harmonized Tariff 
Schedule of the United States (HTSUS) numbers under which the subject 
merchandise would enter (7310.10.0010, 7310.10.0050, 7310.29.0025, and 
7310.29.0050) are basket categories containing a wide variety of 
manufactured steel products unrelated to kegs. We, therefore, cannot 
rely on CBP entry data in selecting respondents. We instead intend to 
issue Q&V questionnaires to each potential respondent, for which the 
petitioner has provided a complete address. Commerce will post the Q&V 
questionnaire along with the filing instructions on the Enforcement and 
Compliance website at http://trade.gov/enforcement/news.asp.
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    \25\ See Volume I of the Petition at Exhibit GEN-23.
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    Exporters and producers of kegs from China that do not receive Q&V 
questionnaires by mail may still submit a response to the Q&V 
questionnaire and can obtain a copy of the Q&V questionnaire from the 
Enforcement and Compliance website, at the URL given above. Responses 
to the Q&V questionnaire must be submitted by the relevant Chinese 
exporters/producers no later than 5:00 p.m. ET on October 24, 2018, 
which is two weeks from the signature date of this notice. All Q&V 
responses must be filed electronically via ACCESS. We intend to 
finalize our decisions regarding respondent selection within 20 days of 
publication of this notice.
    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305(b). Instructions for filing such 
applications may be found on the Commerce's website at http://enforcement.trade.gov/apo.

Distribution of Copies of the Petition

    In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 
351.202(f), copies of the public version of the Petition have been 
provided to the GOC via ACCESS. To the extent practicable, we will 
attempt to provide a copy of the public version of the Petition to each 
exporter named in the Petitions, as provided under 19 CFR 
351.203(c)(2).

ITC Notification

    We will notify the ITC of our initiation, as required by section 
702(d) of the Act.

Preliminary Determinations by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition was filed, whether there is a reasonable 
indication that imports of kegs from China are materially injuring, or 
threatening material injury to, a U.S. industry.\26\ A negative ITC 
determination will result in the investigation being terminated.\27\ 
Otherwise, this investigation will proceed according to statutory and 
regulatory time limits.
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    \26\ See section 703(a)(2) of the Act.
    \27\ See section 703(a)(1) of the Act.

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[[Page 52195]]

Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). 19 CFR 351.301(b) requires any 
party, when submitting factual information, to specify under which 
subsection of 19 CFR 351.102(b)(21) the information is being submitted 
\28\ and, if the information is submitted to rebut, clarify, or correct 
factual information already on the record, to provide an explanation 
identifying the information already on the record that the factual 
information seeks to rebut, clarify, or correct.\29\ Time limits for 
the submission of factual information are addressed in 19 CFR 351.301, 
which provides specific time limits based on the type of factual 
information being submitted. Interested parties should review the 
regulations prior to submitting factual information in these 
investigations.
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    \28\ See 19 CFR 351.301(b).
    \29\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by the Secretary. In general, an extension request 
will be considered untimely if it is filed after the expiration of the 
time limit established under 19 CFR 351.301. For submissions that are 
due from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 a.m. ET on the due date. 
Under certain circumstances, we may elect to specify a different time 
limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, we will inform parties in the letter or memorandum setting 
forth the deadline (including a specified time) by which extension 
requests must be filed to be considered timely. An extension request 
must be made in a separate, stand-alone submission; under limited 
circumstances we will grant untimely-filed requests for the extension 
of time limits. Parties should review Extension of Time Limits; Final 
Rule, 78 FR 57790 (September 20, 2013), available at http://www.thefederalregister.org/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to 
submitting factual information in these investigations.

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\30\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\31\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \30\ See section 782(b) of the Act.
    \31\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (``Final Rule''); see also 
frequently asked questions regarding the Final Rule, available at 
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce 
published Antidumping and Countervailing Duty Proceedings: Documents 
Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). 
Parties wishing to participate in this investigation should ensure that 
they meet the requirements of these procedures (e.g., the filing of 
letters of appearance as discussed at 19 CFR 351.103(d)).
    This notice is issued and published pursuant to sections 702 and 
777(i) of the Act and 19 CFR 351.203(c).

    Dated: October 10, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Investigation

    The merchandise covered by this investigation are kegs, vessels, 
or containers 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 (commonly known as a ``D Coupler'' or ``Sankey'') 
(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 welded 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 investigation 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 this investigation are currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) under subheadings 7310.10.0010, 7310.00.0050, 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.

[FR Doc. 2018-22483 Filed 10-15-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                              52192                        Federal Register / Vol. 83, No. 200 / Tuesday, October 16, 2018 / Notices

                                              Under Section 305(a) of the Act and 15                  respectively, AD/CVD Operations,                        reasonably available to the petitioner
                                              CFR 325.11(a), any person aggrieved by                  Enforcement and Compliance,                             supporting its allegations.
                                              the Secretary’s determination may,                      International Trade Administration,                        Commerce finds that the petitioner
                                              within 30 days of the date of this notice,              U.S. Department of Commerce, 1401                       filed the Petition on behalf of the
                                              bring an action in any appropriate                      Constitution Avenue NW, Washington,                     domestic industry because the
                                              district court of the United States to set              DC 20230.                                               petitioner is an interested party as
                                              aside the determination on the ground                   SUPPLEMENTARY INFORMATION:                              defined in section 771(9)(E) of the Act.
                                              that the determination is erroneous.                                                                            Commerce also finds that the petitioner
                                                                                                      The Petition                                            demonstrated sufficient industry
                                              Description of Certified Conduct                           On September 20, 2018, the U.S.                      support necessary for the initiation of
                                                 FCE’s Export Trade Certificate of                    Department of Commerce (Commerce)                       the requested CVD investigation.4
                                              Review has been amended to add the                      received a countervailing duty petition
                                                                                                                                                              Period of Investigation
                                              following Member of the Certificate                     (CVD Petition) concerning imports of
                                              within the meaning of section 325.2(1)                  refillable stainless steel kegs (kegs) from               Because the Petition was filed on
                                              of the Regulations (15 CFR 325.2(1)):                   the People’s Republic of China (China),                 September 20, 2018, the period of
                                              Egan Fruit Packing, LLC.                                filed in proper form on behalf of the                   investigation is January 1, 2017, through
                                                 FCE’s Export Trade Certificate of                    American Keg Company LLC (the                           December 31, 2017.
                                              Review Membership, as amended, is                       petitioner), a domestic producer of                     Scope of the Investigation
                                              listed below:                                           kegs.1 The CVD Petition was
                                                                                                      accompanied by antidumping duty (AD)                      The product covered by this
                                              Egan Fruit Packing, LLC, Ft. Pierce,                                                                            investigation is kegs from China. For a
                                                 Florida                                              petitions concerning imports of kegs
                                                                                                      from China, Germany, and Mexico.                        full description of the scope of these
                                              Golden River Fruit Co., Vero Beach,
                                                                                                         On September 25, 2018, Commerce                      investigations, see the Appendix to this
                                                 Florida
                                                                                                      requested supplemental information                      notice.
                                              Hogan and Sons, Inc., Vero Beach,
                                                 Florida                                              pertaining to certain aspects of the                    Comments on the Scope of the
                                              Indian River Exchange Packers, Inc.,                    Petition in two separate supplemental                   Investigation
                                                 Vero Beach, Florida                                  questionnaires, one addressing the                         During our review of the Petition, we
                                              Leroy E. Smith’s Sons, Inc., Vero Beach,                programs alleged as countervailable                     contacted the petitioners regarding the
                                                 Florida                                              subsidies, and one primarily addressing                 proposed scope to ensure that the scope
                                              The Packers of Indian River, Ltd., Ft.                  scope clarification issues.2 The                        language in the Petitions is an accurate
                                                 Pierce, Florida                                      petitioner filed additional information                 reflection of the products for which the
                                              Premier Citrus Marketing, LLC, Vero                     on September 27, 2018.3                                 domestic industry is seeking relief.5 As
                                                 Beach, Florida                                          In accordance with section 702(b)(1)                 a result, the scope of the Petitions was
                                              River One International Marketing, Inc.,                of the Tariff Act of 1930, as amended                   modified to clarify the description of
                                                 Vero Beach, Florida                                  (the Act), the petitioner alleges that the              merchandise covered by the Petitions.
                                              Riverfront Packing Co. LLC, Vero Beach,                 Government of China (GOC) is                            The description of the merchandise
                                                 Florida                                              providing countervailable subsidies,                    covered by these investigations, as
                                              Seald Sweet LLC, Vero Beach, Florida                    within the meaning of sections 701 and                  described in the Appendix to this
                                                 The effective date of the amended                    771(5) of the Act, to producers of kegs                 notice, reflects these clarifications.
                                              certificate is April 17, 2018, the date on              in China and that imports of such                          As discussed in the Preamble to
                                              which FCE’s application to amend was                    products are materially injuring, or                    Commerce’s regulations, we are setting
                                              deemed submitted.                                       threatening material injury to, the                     aside a period for interested parties to
                                                Dated: October 10, 2018.
                                                                                                      domestic kegs industry in the United                    raise issues regarding product coverage
                                                                                                      States. Consistent with section 702(b)(1)               (scope).6 Commerce will consider all
                                              Joseph Flynn,
                                                                                                      of the Act and 19 CFR 351.202(b), for                   comments received from interested
                                              Director, Office of Trade and Economic                  those alleged programs on which we are
                                              Analysis, International Trade Administration,                                                                   parties and, if necessary, will consult
                                              U.S. Department of Commerce.
                                                                                                      initiating a CVD investigation, the                     with interested parties prior to the
                                                                                                      Petition is accompanied by information                  issuance of the preliminary
                                              [FR Doc. 2018–22417 Filed 10–15–18; 8:45 am]
                                              BILLING CODE 3510–DR–P
                                                                                                                                                              determination. If scope comments
                                                                                                         1 See the petitioner’s letter, ‘‘Petitions for the

                                                                                                      Imposition of Antidumping Duties on Imports of
                                                                                                                                                              include factual information,7 all such
                                                                                                      Refillable Stainless Steel Kegs from Germany,           factual information should be limited to
                                              DEPARTMENT OF COMMERCE                                  Mexico, and the People’s Republic Of China and          public information. To facilitate
                                                                                                      Countervailing Duties on Imports of Refillable          preparation of its questionnaires,
                                              International Trade Administration                      Stainless Steel Kegs from the People’s Republic Of
                                                                                                      China,’’ dated September 20, 2018 (the Petition).
                                                                                                                                                              Commerce requests that all interested
                                              [C–570–094 ]                                               2 See Commerce’s Letters titled ‘‘Petition for the   parties submit such comments by 5:00
                                                                                                      Imposition of Countervailing Duties on Imports of       p.m. Eastern Time (ET) on October 30,
                                              Refillable Stainless Steel Kegs From                    Refillable Stainless Steel Kegs from the People’s       2018, which is 20 calendar days from
                                                                                                      Republic of China: Supplemental Questions,’’ and        the signature date of this notice. Any
                                              the People’s Republic of China:                         ‘‘Petitions for the Imposition of Antidumping
                                              Initiation of Countervailing Duty                       Duties on Imports of Refillable Stainless Steel Kegs
                                                                                                                                                                4 See the ‘‘Determination of Industry Support for
                                              Investigation                                           from the People’s Republic of China, the Federal
                                                                                                      Republic of Germany, and Mexico, and                    the Petition’’ section, infra.
amozie on DSK3GDR082PROD with NOTICES1




                                              AGENCY:  Enforcement and Compliance,                    Countervailing Duty Imports from the People’s             5 See Supplement at ‘‘General Issues

                                              International Trade Administration,                     Republic of China: Supplemental Questions,’’ both       Questionnaire’’ section (General Issues
                                                                                                      dated September 25, 2018.                               Supplement) at 1–9; see also Revised Scope, at
                                              Department of Commerce.                                    3 See the petitioner’s Letter, ‘‘Supplement to the   Exhibit 1.
                                              DATES:   Applicable October 10, 2018.                   Petition for the Imposition of Countervailing Duties      6 See Antidumping Duties; Countervailing Duties,

                                                                                                      on Imports of Refillable Stainless Steel Kegs from      Final Rule, 62 FR 27296, 27323 (May 19, 1997)
                                              FOR FURTHER INFORMATION CONTACT:                                                                                (Preamble).
                                                                                                      China: Response to the Department’s Supplemental
                                              Nicholas Czajkowski or Robert Brown at                  Questions,’’ dated September 27, 2018                     7 See 19 CFR 351.102(b)(21) (defining ‘‘factual

                                              (202) 482–1395 or (202) 482–3702,                       (Supplement).                                           information’’).



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                                                                           Federal Register / Vol. 83, No. 200 / Tuesday, October 16, 2018 / Notices                                                   52193

                                              rebuttal comments, which may include                    of the Act provides that a petition meets             definition of the domestic like product
                                              factual information, must be filed by                   this requirement if the domestic                      distinct from the scope of the
                                              5:00 p.m. ET on November 9, 2018,                       producers or workers who support the                  investigation.13 Based on our analysis of
                                              which is 10 calendar days from the                      petition account for: (i) At least 25                 the information submitted on the
                                              initial comments deadline.8                             percent of the total production of the                record, we have determined that kegs, as
                                                 Commerce requests that any factual                   domestic like product; and (ii) more                  defined in the scope, constitute a single
                                              information parties consider relevant to                than 50 percent of the production of the              domestic like product, and we have
                                              the scope of the investigation be                       domestic like product produced by that                analyzed industry support in terms of
                                              submitted during this period. However,                  portion of the industry expressing                    that domestic like product.14
                                              if a party subsequently finds that                      support for, or opposition to, the                      In determining whether the petitioner
                                              additional factual information                          petition. Moreover, section 702(c)(4)(D)              has standing under section 702(c)(4)(A)
                                              pertaining to the scope of the                          of the Act provides that, if the petition             of the Act, we considered the industry
                                              investigation may be relevant, the party                does not establish support of domestic                support data contained in the Petition
                                              may contact Commerce and request                        producers or workers accounting for                   with reference to the domestic like
                                              permission to submit the additional                     more than 50 percent of the total                     product as defined in the ‘‘Scope of the
                                              information. All such submissions must                  production of the domestic like product,              Investigation,’’ in the Appendix to this
                                              be filed on the records of the concurrent               Commerce shall: (i) Poll the industry or              notice. To establish industry support,
                                              AD and CVD investigations.                              rely on other information in order to                 the petitioner provided its own
                                              Filing Requirements                                     determine if there is support for the                 production of the domestic like product
                                                                                                      petition; or (ii) if there is a large number          in 2017.15 The petitioner states that
                                                 All submissions to Commerce must be                  of producers in the domestic industry,                there are no other known producers of
                                              filed electronically using Enforcement                  determine industry support using any                  kegs in the United States; therefore, the
                                              and Compliance’s Antidumping Duty                       statistically valid sampling method to                Petition is supported by 100 percent of
                                              and Countervailing Duty Centralized                     poll the ‘‘industry.’’                                the U.S. industry.16
                                              Electronic Service System (ACCESS).9                       Section 771(4)(A) of the Act defines                 Our review of the data provided in the
                                              An electronically filed document must                   the ‘‘industry’’ as the producers as a                Petition, the General Issues Supplement,
                                              be received successfully in its entirety                whole of a domestic like product. Thus,               and other information readily available
                                              by the time and date it is due.                         to determine whether a petition has the               to Commerce indicates that the
                                              Documents exempted from the                             requisite industry support, the statute               petitioner has established industry
                                              electronic submission requirements                      directs Commerce to look to producers                 support for the Petition.17 First, the
                                              must be filed manually (i.e., in paper                  and workers who produce the domestic                  Petition established support from
                                              form) with Enforcement and                              like product. The International Trade                 domestic producers (or workers)
                                              Compliance’s APO/Dockets Unit, Room                     Commission (ITC), which is responsible                accounting for more than 50 percent of
                                              18022, U.S. Department of Commerce,                     for determining whether ‘‘the domestic                the total production of the domestic like
                                              1401 Constitution Avenue NW,                            industry’’ has been injured, must also                product and, as such, Commerce is not
                                              Washington, DC 20230, and stamped                       determine what constitutes a domestic                 required to take further action in order
                                              with the date and time of receipt by the                like product in order to define the                   to evaluate industry support (e.g.,
                                              applicable deadlines.                                   industry. While both Commerce and the                 polling).18 Second, the domestic
                                              Consultations                                           ITC must apply the same statutory                     producers (or workers) have met the
                                                                                                      definition regarding the domestic like                statutory criteria for industry support
                                                Pursuant to sections 702(b)(4)(A)(i)                  product,11 they do so for different
                                              and (ii) of the Act, Commerce notified                                                                        under section 702(c)(4)(A)(i) of the Act
                                                                                                      purposes and pursuant to a separate and               because the domestic producers (or
                                              representatives of the GOC of the receipt               distinct authority. In addition,
                                              of the Petition and provided them the                                                                         workers) who support the Petition
                                                                                                      Commerce’s determination is subject to                account for at least 25 percent of the
                                              opportunity for consultations with                      limitations of time and information.
                                              respect to the CVD Petition.10 The GOC                                                                        total production of the domestic like
                                                                                                      Although this may result in different                 product.19 Finally, the domestic
                                              did not request consultations.                          definitions of the like product, such
                                              Determination of Industry Support for                   differences do not render the decision of               13 See   Volume I of the Petition, at 33–36.
                                              the Petition                                            either agency contrary to law.12                        14 For   a discussion of the domestic like product
                                                                                                         Section 771(10) of the Act defines the             analysis as applied to this case and information
                                                Section 702(b)(1) of the Act requires
                                                                                                      domestic like product as ‘‘a product                  regarding industry support, see Countervailing Duty
                                              that a petition be filed on behalf of the                                                                     Investigation Initiation Checklist: Refillable
                                                                                                      which is like, or in the absence of like,
                                              domestic industry. Section 702(c)(4)(A)                                                                       Stainless Steel Kegs from the People’s Republic of
                                                                                                      most similar in characteristics and uses              China (China CVD Initiation Checklist), at
                                                8 See 19 CFR 351.303(b).
                                                                                                      with, the article subject to an                       Attachment II, Analysis of Industry Support for the
                                                9 See Antidumping and Countervailing Duty             investigation under this title.’’ Thus, the           Antidumping and Countervailing Duty Petitions
                                                                                                      reference point from which the                        Covering Refillable Stainless Steel Kegs from the
                                              Proceedings: Electronic Filing Procedures;
                                                                                                                                                            People’s Republic of China, the Federal Republic of
                                              Administrative Protective Order Procedures, 76 FR       domestic like product analysis begins is              Germany, and Mexico (Attachment II). This
                                              39263 (July 6, 2011). See also Enforcement and          ‘‘the article subject to an investigation’’           checklist is dated concurrently with this notice and
                                              Compliance: Change of Electronic Filing System
                                              Name, 79 FR 69046 (November 20, 2014) for details       (i.e., the class or kind of merchandise to            on file electronically via ACCESS. Access to
                                                                                                      be investigated, which normally will be               documents filed via ACCESS is also available in the
                                              of Commerce’s electronic filing requirements,
                                                                                                                                                            Central Records Unit, Room B8024 of the main
                                              which went into effect on August 5, 2011.               the scope as defined in the petition).                Department of Commerce building.
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                                              Information on help using ACCESS can be found at           With regard to the domestic like                      15 See Volume I of the Petition at 49 and 51.
                                              https://access.trade.gov/help.aspx, and a handbook
                                              can be found at https://access.trade.gov/help/          product, the petitioner does not offer a                 16 Id. at 5–6 and Exhibit GEN–10; see also General

                                              Handbook%20on%20Electronic%20Filling%20                                                                       Issues Supplement, at 10–18 and Exhibit SUPP–
                                              Procedures.pdf.                                           11 See section 771(10) of the Act.                  GEN–6.
                                                10 See Commerce’s Letter, ‘‘Countervailing Duty         12 See                                                 17 Id.
                                                                                                               USEC, Inc. v. United States, 132 F. Supp.
                                                                                                                                                               18 Id.; see also section 702(c)(4)(D) of the Act.
                                              Petition on Refillable Stainless Steel Kegs from the    2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
                                              People’s Republic of China,’’ dated September 21,       v. United States, 688 F. Supp. 639, 644 (CIT 1988),      19 See China CVD Initiation Checklist, at

                                              2018.                                                   aff’d 865 F.2d 240 (Fed. Cir. 1989)).                 Attachment II.



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                                              52194                        Federal Register / Vol. 83, No. 200 / Tuesday, October 16, 2018 / Notices

                                              producers (or workers) have met the                     material injury, causation, as well as                respondents. We instead intend to issue
                                              statutory criteria for industry support                 cumulation, and we have determined                    Q&V questionnaires to each potential
                                              under section 702(c)(4)(A)(ii) of the Act               that these allegations are properly                   respondent, for which the petitioner has
                                              because the domestic producers (or                      supported by adequate evidence, and                   provided a complete address. Commerce
                                              workers) who support the Petition                       meet the statutory requirements for                   will post the Q&V questionnaire along
                                              account for more than 50 percent of the                 initiation.24                                         with the filing instructions on the
                                              production of the domestic like product                                                                       Enforcement and Compliance website at
                                              produced by that portion of the industry                Initiation of CVD Investigation
                                                                                                                                                            http://trade.gov/enforcement/news.asp.
                                              expressing support for, or opposition to,                  Based on the examination of the                       Exporters and producers of kegs from
                                              the Petition.20 Accordingly, Commerce                   Petition, we find that the Petition meets             China that do not receive Q&V
                                              determines that the Petition was filed on               the requirements of section 702 of the                questionnaires by mail may still submit
                                              behalf of the domestic industry within                  Act. Therefore, we are initiating a CVD               a response to the Q&V questionnaire
                                              the meaning of section 702(b)(1) of the                 investigation to determine whether                    and can obtain a copy of the Q&V
                                              Act.                                                    imports of kegs from China benefit from               questionnaire from the Enforcement and
                                                 Commerce finds that the petitioner                   countervailable subsidies conferred by                Compliance website, at the URL given
                                              filed the Petition on behalf of the                     the GOC. In accordance with section                   above. Responses to the Q&V
                                              domestic industry because it is an                      703(b)(1) of the Act and 19 CFR                       questionnaire must be submitted by the
                                              interested party as defined in section                  351.205(b)(1), unless postponed, we will              relevant Chinese exporters/producers no
                                              771(9)(C) of the Act, and it has                        make our preliminary determination no
                                              demonstrated sufficient industry                                                                              later than 5:00 p.m. ET on October 24,
                                                                                                      later than 65 days after the date of this             2018, which is two weeks from the
                                              support with respect to the CVD                         initiation.
                                              investigation that it is requesting that                                                                      signature date of this notice. All Q&V
                                                                                                         Based on our review of the Petition,               responses must be filed electronically
                                              Commerce initiate.21                                    we find that there is sufficient                      via ACCESS. We intend to finalize our
                                              Injury Test                                             information to initiate a CVD                         decisions regarding respondent
                                                                                                      investigation on 21 of the 24 subsidy                 selection within 20 days of publication
                                                Because China is a ‘‘Subsidies                        programs alleged in the petition. For a
                                              Agreement Country’’ within the                                                                                of this notice.
                                                                                                      full discussion of the basis for our
                                              meaning of section 701(b) of the Act,                   decision to initiate or not on each                      Interested parties must submit
                                              section 701(a)(2) of the Act applies to                 program, see China CVD Initiation                     applications for disclosure under APO
                                              this investigation. Accordingly, the ITC                Checklist. A public version of the                    in accordance with 19 CFR 351.305(b).
                                              must determine whether imports of the                   initiation checklist for this investigation           Instructions for filing such applications
                                              subject merchandise from China                          is available on ACCESS.                               may be found on the Commerce’s
                                              materially injure, or threaten material                                                                       website at http://enforcement.trade.gov/
                                              injury to, a U.S. industry.                             Respondent Selection                                  apo.
                                              Allegations and Evidence of Material                       The petitioner named 26 producers/                 Distribution of Copies of the Petition
                                              Injury and Causation                                    exporters as accounting for the majority
                                                 The petitioner alleges that imports of               of exports of kegs to the United States                 In accordance with section
                                              the subject merchandise are benefitting                 from China.25 In the event Commerce                   702(b)(4)(A)(i) of the Act and 19 CFR
                                              from countervailable subsidies and that                 determines that the number of                         351.202(f), copies of the public version
                                              such imports are causing, or threaten to                companies is large and it cannot                      of the Petition have been provided to
                                              cause, material injury to the U.S.                      individually examine each company                     the GOC via ACCESS. To the extent
                                              industry producing the domestic like                    based upon Commerce’s resources,                      practicable, we will attempt to provide
                                              product. In addition, the petitioner                    where appropriate, Commerce intends                   a copy of the public version of the
                                              alleges that subject imports exceed the                 to select mandatory respondents based                 Petition to each exporter named in the
                                              negligibility threshold provided for                    on quantity and value (Q&V)                           Petitions, as provided under 19 CFR
                                              under section 771(24)(A) of the Act.22                  questionnaires issued to potential                    351.203(c)(2).
                                                 The petitioner contends that the                     respondents. Commerce normally
                                                                                                                                                            ITC Notification
                                              industry’s injured condition is                         selects mandatory respondents in a CVD
                                              illustrated by a significant volume of                  investigation using U.S. Customs and                    We will notify the ITC of our
                                              subject imports and an increasing share                 Border Protection (CBP) entry data.                   initiation, as required by section 702(d)
                                              of subject imports relative to total                    However, for this investigation, the                  of the Act.
                                              imports; underselling and price                         Harmonized Tariff Schedule of the
                                                                                                      United States (HTSUS) numbers under                   Preliminary Determinations by the ITC
                                              depression or suppression; recent
                                              declines in production and capacity                     which the subject merchandise would                      The ITC will preliminarily determine,
                                              utilization; negative impact on the                     enter (7310.10.0010, 7310.10.0050,                    within 45 days after the date on which
                                              domestic industry’s investment, cash                    7310.29.0025, and 7310.29.0050) are                   the Petition was filed, whether there is
                                              flows, and inventories; decline in the                  basket categories containing a wide                   a reasonable indication that imports of
                                              domestic industry’s financial                           variety of manufactured steel products                kegs from China are materially injuring,
                                              performance; and lost sales and                         unrelated to kegs. We, therefore, cannot              or threatening material injury to, a U.S.
                                              revenues.23 We have assessed the                        rely on CBP entry data in selecting                   industry.26 A negative ITC
                                              allegations and supporting evidence                                                                           determination will result in the
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                                                                                                        24 See China CVD Initiation Checklist, at
                                              regarding material injury, threat of                                                                          investigation being terminated.27
                                                                                                      Attachment III, Analysis of Allegations and
                                                                                                      Evidence of Material Injury and Causation for the     Otherwise, this investigation will
                                                20 Id.
                                                21 Id.
                                                                                                      Antidumping and Countervailing Duty Petitions         proceed according to statutory and
                                                                                                      Covering Refillable Stainless Steel Kegs from the     regulatory time limits.
                                                22 See Volume I of the Petition, at 37–38.            People’s Republic of China, the Federal Republic of
                                                23 Id.at 23–33, 37–53, and Exhibit GEN–35; see        Germany, and Mexico (Attachment III).
                                                                                                                                                              26 See   section 703(a)(2) of the Act.
                                              also General Issues Supplement, at 18–33 and              25 See Volume I of the Petition at Exhibit GEN–

                                              Exhibit SUPP GEN–7.                                     23.                                                     27 See   section 703(a)(1) of the Act.



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                                                                             Federal Register / Vol. 83, No. 200 / Tuesday, October 16, 2018 / Notices                                                 52195

                                              Submission of Factual Information                         pkg/FR-2013-09-20/html/2013-                            taps, necks, collars, and valves), and be filled
                                                                                                        22853.htm, prior to submitting factual                  or unfilled.
                                                 Factual information is defined in 19                                                                              ‘‘Unassembled’’ or ‘‘unfinished’’ refillable
                                              CFR 351.102(b)(21) as: (i) Evidence                       information in these investigations.
                                                                                                                                                                stainless steel kegs include drawn stainless
                                              submitted in response to questionnaires;                  Certification Requirements                              steel cylinders that have been welded to form
                                              (ii) evidence submitted in support of                                                                             the body of the keg and welded to an upper
                                                                                                          Any party submitting factual                          (top) chime and/or lower (bottom) chime.
                                              allegations; (iii) publicly available
                                                                                                        information in an AD or CVD                             Unassembled refillable stainless steel kegs
                                              information to value factors under 19
                                                                                                        proceeding must certify to the accuracy                 may or may not be welded to a neck, may
                                              CFR 351.408(c) or to measure the
                                                                                                        and completeness of that information.30                 or may not have a valve assembly attached,
                                              adequacy of remuneration under 19 CFR                                                                             and may be otherwise complete except for
                                                                                                        Parties must use the certification
                                              351.511(a)(2); (iv) evidence placed on                                                                            testing, certification, and/or marking.
                                                                                                        formats provided in 19 CFR
                                              the record by Commerce; and (v)                                                                                      Subject merchandise also includes
                                                                                                        351.303(g).31 Commerce intends to
                                              evidence other than factual information                                                                           refillable stainless steel kegs that have been
                                                                                                        reject factual submissions if the
                                              described in (i)–(iv). 19 CFR 351.301(b)                                                                          further processed in a third country,
                                                                                                        submitting party does not comply with                   including but not limited to, attachment of
                                              requires any party, when submitting
                                                                                                        the applicable certification                            necks, collars, spears or valves, heat
                                              factual information, to specify under
                                                                                                        requirements.                                           treatment, pickling, passivation, painting,
                                              which subsection of 19 CFR
                                                                                                                                                                testing, certification or any other processing
                                              351.102(b)(21) the information is being                   Notification to Interested Parties                      that would not otherwise remove the
                                              submitted 28 and, if the information is                                                                           merchandise from the scope of the
                                                                                                          Interested parties must submit
                                              submitted to rebut, clarify, or correct                                                                           investigation if performed in the country of
                                                                                                        applications for disclosure under APO
                                              factual information already on the                                                                                manufacture of the in-scope refillable
                                                                                                        in accordance with 19 CFR 351.305. On
                                              record, to provide an explanation                                                                                 stainless steel keg.
                                                                                                        January 22, 2008, Commerce published                       Specifically excluded are the following:
                                              identifying the information already on
                                                                                                        Antidumping and Countervailing Duty                        (1) Vessels or containers that are not
                                              the record that the factual information
                                                                                                        Proceedings: Documents Submission                       approximately cylindrical in nature (e.g.,
                                              seeks to rebut, clarify, or correct.29 Time
                                                                                                        Procedures; APO Procedures, 73 FR                       box, ‘‘hopper’’ or ‘‘cone’’ shaped vessels);
                                              limits for the submission of factual
                                                                                                        3634 (January 22, 2008). Parties wishing                   (2) stainless steel kegs, vessels, or
                                              information are addressed in 19 CFR                                                                               containers that have either a ‘‘ball lock’’
                                                                                                        to participate in this investigation
                                              351.301, which provides specific time                                                                             valve system or a ‘‘pin lock’’ valve system
                                                                                                        should ensure that they meet the
                                              limits based on the type of factual                                                                               (commonly known as ‘‘Cornelius,’’ ‘‘corny’’
                                                                                                        requirements of these procedures (e.g.,
                                              information being submitted. Interested                                                                           or ‘‘ball lock’’ kegs);
                                                                                                        the filing of letters of appearance as                     (3) necks, spears, couplers or taps, collars,
                                              parties should review the regulations
                                                                                                        discussed at 19 CFR 351.103(d)).                        and valves that are not imported with the
                                              prior to submitting factual information
                                                                                                          This notice is issued and published                   subject merchandise; and
                                              in these investigations.
                                                                                                        pursuant to sections 702 and 777(i) of                     (4) stainless steel kegs that are filled with
                                              Extensions of Time Limits                                 the Act and 19 CFR 351.203(c).                          beer, wine, or other liquid and that are
                                                                                                                                                                designated by the Commissioner of Customs
                                                 Parties may request an extension of                      Dated: October 10, 2018.                              as Instruments of International Traffic within
                                              time limits before the expiration of a                    Gary Taverman,                                          the meaning of section 332(a) of the Tariff
                                              time limit established under 19 CFR                       Deputy Assistant Secretary for Antidumping              Act of 1930, as amended.
                                              351.301, or as otherwise specified by the                 and Countervailing Duty Operations,                        The merchandise covered by this
                                              Secretary. In general, an extension                       performing the non-exclusive functions and              investigation are currently classified in the
                                              request will be considered untimely if it                 duties of the Assistant Secretary for                   Harmonized Tariff Schedule of the United
                                              is filed after the expiration of the time                 Enforcement and Compliance.                             States (HTSUS) under subheadings
                                                                                                                                                                7310.10.0010, 7310.00.0050, 7310.29.0025,
                                              limit established under 19 CFR 351.301.                   Appendix                                                and 7310.29.0050.
                                              For submissions that are due from                                                                                    These HTSUS subheadings are provided
                                              multiple parties simultaneously, an                       Scope of the Investigation
                                                                                                                                                                for convenience and customs purposes; the
                                              extension request will be considered                         The merchandise covered by this                      written description of the scope of this
                                              untimely if it is filed after 10:00 a.m. ET               investigation are kegs, vessels, or containers          investigation is dispositive.
                                              on the due date. Under certain                            that are approximately cylindrical in shape,
                                                                                                        made from stainless steel (i.e., steel                  [FR Doc. 2018–22483 Filed 10–15–18; 8:45 am]
                                              circumstances, we may elect to specify                    containing at least 10.5 percent chromium by            BILLING CODE 3510–DS–P
                                              a different time limit by which                           weight and less than 1.2 percent carbon by
                                              extension requests will be considered                     weight, with or without other elements), and
                                              untimely for submissions which are due                    that are compatible with a ‘‘D Sankey’’                 DEPARTMENT OF COMMERCE
                                              from multiple parties simultaneously. In                  extractor (commonly known as a ‘‘D
                                              such a case, we will inform parties in                    Coupler’’ or ‘‘Sankey’’) (refillable stainless          International Trade Administration
                                              the letter or memorandum setting forth                    steel kegs) with a nominal liquid volume
                                                                                                        capacity of 10 liters or more, regardless of the        [A–570–093, A–428–846, A–201–849]
                                              the deadline (including a specified time)
                                              by which extension requests must be                       type of finish, gauge, thickness, or grade of
                                                                                                        stainless steel, and whether or not covered by          Refillable Stainless Steel Kegs From
                                              filed to be considered timely. An                         or encased in other materials. Refillable               the People’s Republic of China, the
                                              extension request must be made in a                       stainless steel kegs may be imported                    Federal Republic of Germany, and
                                              separate, stand-alone submission; under                   assembled or unassembled, with or without               Mexico: Initiation of Less-Than-Fair-
                                              limited circumstances we will grant                       all components (including spears, couplers or           Value Investigations
                                              untimely-filed requests for the extension
amozie on DSK3GDR082PROD with NOTICES1




                                              of time limits. Parties should review                       30 See
                                                                                                                                                                AGENCY:  Enforcement and Compliance,
                                                                                                                 section 782(b) of the Act.
                                              Extension of Time Limits; Final Rule, 78                    31 See Certification of Factual Information to
                                                                                                                                                                International Trade Administration,
                                              FR 57790 (September 20, 2013),                            Import Administration During Antidumping and            Department of Commerce.
                                              available at http://www.gpo.gov/fdsys/                    Countervailing Duty Proceedings, 78 FR 42678 (July      DATES: Applicable October 10, 2018.
                                                                                                        17, 2013) (‘‘Final Rule’’); see also frequently asked
                                                                                                                                                                FOR FURTHER INFORMATION CONTACT:
                                                                                                        questions regarding the Final Rule, available at
                                                28 See   19 CFR 351.301(b).                             http://enforcement.trade.gov/tlei/notices/factual_      Thomas Schauer at (202) 482–0410 and
                                                29 See   19 CFR 351.301(b)(2).                          info_final_rule_FAQ_07172013.pdf.                       Aimee Phelan at (202) 482–0697 (the


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Document Created: 2018-10-15 23:42:06
Document Modified: 2018-10-15 23:42:06
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesApplicable October 10, 2018.
ContactNicholas Czajkowski or Robert Brown at (202) 482-1395 or (202) 482-3702, respectively, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
FR Citation83 FR 52192 

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