83_FR_52395 83 FR 52195 - Refillable Stainless Steel Kegs From the People's Republic of China, the Federal Republic of Germany, and Mexico: Initiation of Less-Than-Fair-Value Investigations

83 FR 52195 - Refillable Stainless Steel Kegs From the People's Republic of China, the Federal Republic of Germany, and Mexico: Initiation of Less-Than-Fair-Value Investigations

DEPARTMENT OF COMMERCE
International Trade Administration

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

Page Range52195-52201
FR Document2018-22482

Federal Register, Volume 83 Issue 200 (Tuesday, October 16, 2018)
[Federal Register Volume 83, Number 200 (Tuesday, October 16, 2018)]
[Notices]
[Pages 52195-52201]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22482]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-093, A-428-846, A-201-849]


Refillable Stainless Steel Kegs From the People's Republic of 
China, the Federal Republic of Germany, and Mexico: Initiation of Less-
Than-Fair-Value Investigations

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

DATES: Applicable October 10, 2018.

FOR FURTHER INFORMATION CONTACT: Thomas Schauer at (202) 482-0410 and 
Aimee Phelan at (202) 482-0697 (the

[[Page 52196]]

People's Republic of China (China)); Michael A. Romani (202) 482-0198 
and Andre Gziryan (202) 482-2201 (the Federal Republic of Germany 
(Germany)); and, Allison Hollander (202) 482-2805 (Mexico); AD/CVD 
Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

The Petitions

    On September 20, 2018, the U.S. Department of Commerce (Commerce) 
received antidumping duty (AD) Petitions concerning imports of 
refillable stainless steel kegs (kegs) from China, Germany, and Mexico, 
filed in proper form on behalf of the American Keg Company LLC (the 
petitioner), a domestic producer of kegs.\1\ The AD Petitions were 
accompanied by a countervailing duty (CVD) Petition concerning imports 
of kegs from China.\2\
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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 June 20, 2018 
(Petitions).
    \2\ See the Petitions at Volume V.
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    From September 25, to October 1, 2018, we requested information 
from the petitioner pertaining to the scope of the investigations and 
certain allegations contained within the petitions.\3\ The petitioner 
supplemented the record in response to these requests.\4\
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    \3\ See Commerce Letter, ``Petition 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: Supplemental Questions,'' dated September 25, 
2018; 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,'' dated September 25, 2018. See also, 
Commerce Letters including a questionnaire as an addenda thereto 
both titled ``Petitions for the Imposition of Antidumping Duties on 
Imports of Refillable Stainless Steel Kegs from the People's 
Republic of China: Supplemental Questions,'' dated September 25 and 
26, 2018, respectively; ``Petition for the Imposition of Antidumping 
Duties on Imports of Refillable Stainless Steel Kegs from Germany: 
Supplemental Questions,'' dated September 25, 2018; and, Commerce 
Letters including a questionnaire as an addenda thereto both titled 
``Petitions for the Imposition of Antidumping Duties on Imports of 
Refillable Stainless Steel Kegs from the People's Republic of 
Mexico: Supplemental Questions,'' dated September 25 and 26, 2018, 
respectively. See also Commerce Memoranda, ``Petition for the 
Imposition of Antidumping Duties on Imports of Refillable Stainless 
Steel Kegs from the People's Republic of China: Phone Call with the 
Counsel for the Petitioner,'' dated October 1, 2018; ``Petition for 
the Imposition of Antidumping Duties on Imports of Refillable 
Stainless Steel Kegs from the Federal Republic of Germany: Phone 
Call with the Counsel for the Petitioner,'' dated October 1, 2018; 
and, ``Petition for the Imposition of Antidumping Duties on Imports 
of Refillable Stainless Steel Kegs from Mexico: Phone Call with the 
Counsel for the Petitioner,'' dated October 1, 2018.
    \4\ See the petitioner's Letters, ``Supplement to the Petition 
for the Imposition of Antidumping Duties on Imports of Refillable 
Stainless Steel Kegs from China: Resubmission of Response to the 
Department's Supplemental Questions,'' dated September 27, 2018; 
and, ``Supplement to the Petition for the Imposition of Antidumping 
Duties on Imports of Refillable Stainless Steel Kegs from Mexico and 
Germany: Resubmission of Response to the Department's Supplemental 
Questions,'' dated September 28, 2018 (General Issues Supplement). 
See also the petitioner's Letters, ``Supplement to the Petition for 
the Imposition of Antidumping Duties on Imports of Refillable 
Stainless Steel Kegs from China: Resubmission of Response to the 
Department's Supplemental Questions,'' dated October 2, 2018; 
``Supplement to the Petition for the Imposition of Antidumping 
Duties on Imports of Refillable Stainless Steel Kegs from Germany: 
Resubmission of Response to the Department's Supplemental 
Questions,'' dated October 2, 2018; and, ``Supplement to the 
Petition for the Imposition of Antidumping Duties on Imports of 
Refillable Stainless Steel Kegs from Mexico: Resubmission of 
Response to the Department's Supplemental Questions,'' dated October 
2, 2018.
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    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that imports of kegs from 
China, Germany, and Mexico are being, or are likely to be, sold in the 
United States at less than fair value within the meaning of section 731 
of the Act, and that such imports are materially injuring, or 
threatening material injury to, the domestic industry producing kegs in 
the United States. Consistent with section 732(b)(1) of the Act, the 
Petitions are accompanied by information reasonably available to the 
petitioner supporting its allegations.
    Commerce finds that the petitioner filed the Petitions on behalf of 
the domestic industry because the petitioner is an interested party as 
defined in section 771(9)(C) of the Act. Commerce also finds that the 
petitioner demonstrated sufficient industry support with respect to the 
initiation of the AD investigations that the petitioner is 
requesting.\5\
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    \5\ See the ``Determination of Industry Support for the 
Petition'' section, infra.
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Period of Investigations

    Because the Petitions were filed on September 20, 2018, pursuant to 
19 CFR 351.204(b)(1), the period of investigation (POI) for the Germany 
and Mexico investigations is July 1, 2017, through June 30, 2018. 
Because China is a non-market economy (NME) country, pursuant to 19 CFR 
351.204(b)(1), the POI is January 1, 2018, through June 30, 2018.

Scope of the Investigations

    The product covered by these investigations are kegs from China, 
Germany, and Mexico. For a full description of the scope of these 
investigations, see the Appendix to this notice.

Comments on Scope of the Investigations

    During our review of the Petitions, 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.\6\ 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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    \6\ See 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).\7\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determinations. If scope comments include factual information,\8\ all 
such factual information should be limited to public information. To 
facilitate preparation of its questionnaires, Commerce requests that 
all interested parties submit scope 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.\9\ Any 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.
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    \7\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \8\ See 19 CFR 351.102(b)(21) (defining ``factual 
information''). See also the petitioner's Letter, ``Supplement to 
the Petition for the Imposition of Antidumping Duties on Imports of 
Refillable Stainless Steel kegs from China: Response to the 
Department's Supplemental Questions,'' dated September 27, 2018, at 
General Issues--1.
    \9\ See 19 CFR 351.303(b).
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    Commerce requests that any factual information parties consider 
relevant to the scope of the investigations be submitted during this 
period. However, if a party subsequently finds that additional factual 
information pertaining to the scope of the investigations may be 
relevant, the party may contact Commerce and request permission to 
submit the additional

[[Page 52197]]

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).\10\ 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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    \10\ 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, effective 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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Comments on Product Characteristics for AD Questionnaires

    Commerce is providing interested parties an opportunity to comment 
on the appropriate physical characteristics of kegs to be reported in 
response to Commerce's AD questionnaires. This information will be used 
to identify the key physical characteristics of the subject merchandise 
in order to report the relevant factors of production accurately, as 
well as, to develop appropriate product-comparison criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics. Specifically, they may provide comments as to 
which characteristics are appropriate to use as: (1) General product 
characteristics, and (2) product comparison criteria. We note that it 
is not always appropriate to use all product characteristics as product 
comparison criteria. We base product comparison criteria on meaningful 
commercial differences among products. In other words, although there 
may be some physical product characteristics utilized by manufacturers 
to describe kegs, it may be that only a select few product 
characteristics take into account commercially meaningful physical 
characteristics. In addition, interested parties may comment on the 
order in which the physical characteristics should be used in matching 
products. Generally, Commerce attempts to list the most important 
physical characteristics first and the least important characteristics 
last.
    In order to consider the suggestions of interested parties in 
developing and issuing the AD questionnaires, all product 
characteristics comments must be filed by 5:00 p.m. ET on October 30, 
2018, which is 20 calendar days from the signature date of this 
notice.\11\ Any rebuttal comments must be filed by 5:00 p.m. ET on 
November 9, 2018. All comments and submissions to Commerce must be 
filed electronically using ACCESS, as explained above, on the record of 
each of the AD investigations.
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    \11\ See 19 CFR 351.303(b).
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Determination of Industry Support for the Petitions

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(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 732(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, as required by subparagraph (A); or 
(ii) determine industry support using a 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,\12\ 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.\13\
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    \12\ See section 771(10) of the Act.
    \13\ 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 
petitions).
    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 investigations.\14\ 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.\15\
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    \14\ See Volume I of the Petitions, at 33-36.
    \15\ For a discussion of the domestic like product analysis as 
applied to this case and information regarding industry support, see 
Antidumping Duty Investigation Initiation Checklists: Refillable 
Stainless Steel Kegs from the People's Republic of China (China AD 
Initiation Checklist); Refillable Stainless Steel Kegs from the 
Federal Republic of Germany (Germany AD Initiation Checklist); and, 
Refillable Stainless Steel Kegs from Mexico (Mexico AD 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). These 
checklists are dated concurrently with this notice and are 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 
732(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petitions 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.\16\ The petitioner 
states that there are no other known producers of kegs in the United 
States; therefore, the

[[Page 52198]]

Petitions are supported by 100 percent of the U.S. industry.\17\
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    \16\ See Volume I of the Petitions, at 49 and 51.
    \17\ 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 Petitions, the General 
Issues Supplement, and other information readily available to Commerce 
indicates that the petitioner has established industry support for the 
Petitions.\18\ First, the Petitions 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).\19\ Second, the domestic producers (or workers) have 
met the statutory criteria for industry support under section 
732(c)(4)(A)(i) of the Act because the domestic producers (or workers) 
who support the Petitions account for at least 25 percent of the total 
production of the domestic like product.\20\ Finally, the domestic 
producers (or workers) have met the statutory criteria for industry 
support under section 732(c)(4)(A)(ii) of the Act because the domestic 
producers (or workers) who support the Petitions 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 Petitions.\21\ Accordingly, Commerce determines that the Petitions 
were filed on behalf of the domestic industry within the meaning of 
section 732(b)(1) of the Act.
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    \18\ Id.
    \19\ Id.; see also section 732(c)(4)(D) of the Act.
    \20\ See China AD Initiation Checklist, at Attachment II; 
Germany AD Initiation Checklist, at Attachment II; and Mexico AD 
Initiation Checklist, at Attachment II.
    \21\ Id.
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    Commerce finds that the petitioner filed the Petitions 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 AD investigations that it is 
requesting that Commerce initiate.\22\
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    \22\ Id.
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Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at less than normal value (NV). In addition, the 
petitioner alleges that subject imports exceed the negligibility 
threshold provided for under section 771(24)(A) of the Act.\23\
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    \23\ See Volume I of the Petitions, 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 effects on the domestic 
industry's investment, cash flows, and inventories; decline in the 
domestic industry's financial performance; and lost sales and 
revenues.\24\ 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.\25\
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    \24\ Id. at 23-33, 37-53, and Exhibit GEN-35; see also General 
Issues Supplement, at 18-33 and Exhibit SUPP GEN-7.
    \25\ See China AD 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); Germany AD Initiation Checklist, at Attachment III; and Mexico 
AD Initiation Checklist, at Attachment III; China AD Initiation 
Checklist, at Attachment III.
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Allegations of Sales at Less Than Fair Value

    The following is a description of the allegations of sales at less 
than fair value that are the basis for Commerce's decision to initiate 
AD investigations of imports of kegs from China, Germany, and Mexico. 
The sources of data for the deductions and adjustments relating to U.S. 
price and NV are discussed in greater detail in the country-specific AD 
Initiation Checklists.

Export Price

    For China, the petitioner based U.S. export price (EP) on a price 
quote for kegs produced in, and exported from China and offered for 
sale in the United States.\26\ For Germany, the petitioner based EP on 
a price quote for kegs produced in, and exported from, Germany and 
offered for sale in the United States.\27\ For Mexico, the petitioner 
based EP on the average unit value for exports of kegs from Mexico to 
the U.S. market using data compiled by Descartes Datamyne.\28\ Where 
appropriate, the petitioner made deductions from U.S. price for foreign 
brokerage and handling, foreign inland freight, and ocean freight, 
consistent with the terms of sale as applicable.\29\
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    \26\ See China AD Initiation Checklist.
    \27\ See Germany AD Initiation Checklist.
    \28\ See Mexico AD Initiation Checklist.
    \29\ See China AD Initiation Checklist, Germany AD Initiation 
Checklist, and Mexico AD Initiation Checklist.
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Normal Value

    For Germany and Mexico, the petitioner was unable to obtain home 
market or third-country prices for kegs; therefore, the petitioner 
calculated NV based on constructed value (CV) pursuant to section 
773(a)(4) of the Act. See the section ``Normal Value Based on 
Constructed Value'' below.\30\
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    \30\ In accordance with section 505(a) of the Trade Preferences 
Extension Act of 2015, amending section 773(b)(2) of the Act, for 
these investigations, Commerce will request information necessary to 
calculate the CV and cost of production (COP) to determine whether 
there are reasonable grounds to believe or suspect that sales of the 
foreign like product have been made at prices that represent less 
than the COP of the product. Commerce no longer requires a COP 
allegation to conduct this analysis.
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    With respect to China, Commerce considers China to be an NME 
country.\31\ In accordance with section 771(18)(C)(i) of the Act, any 
determination that a foreign country is an NME country shall remain in 
effect until revoked by Commerce. Therefore, we continue to treat China 
as an NME country for purposes of the initiation of this investigation. 
Accordingly, NV in China is appropriately based on factors of 
production (FOPs) valued in a surrogate market economy country, in 
accordance with section 773(c) of the Act.\32\ In the course of this 
investigation, all parties, and the public, will have the opportunity 
to provide relevant information related to the granting of separate 
rates to individual exporters.
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    \31\ See Antidumping Duty Investigation of Certain Aluminum Foil 
from the People's Republic of China: Affirmative Preliminary 
Determination of Sales at Less-Than-Fair Value and Postponement of 
Final Determination, 82 FR 50858, 50861 (November 2, 2017), and 
accompanying decision memorandum, China's Status as a Non-Market 
Economy, unchanged in Certain Aluminum Foil from the People's 
Republic of China: Final Determination of Sales at Less Than Fair 
Value, 83 FR 9282 (March 5, 2018).
    \32\ See China AD Initiation Checklist.
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    The petitioner claims that Brazil is an appropriate surrogate 
country for China because it is a market economy country that is at a 
level of economic development comparable to that of China and it is a 
significant producer of comparable merchandise.\33\ The petitioner 
provided publicly available information from Brazil to value all 
FOPs.\34\ Therefore, based on the information provided by the 
petitioner,

[[Page 52199]]

we determine that it is appropriate to use Brazil as the primary 
surrogate country for initiation purposes.
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    \33\ See Volume II of the Petitions, at 4-5 and Exhibit PRC AD-
5.
    \34\ Id. at 5-7 and Exhibits PRC-AD-3 and PRC-AD-9.
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    Interested parties will have the opportunity to submit comments 
regarding surrogate country selection and, pursuant to 19 CFR 
351.301(c)(3)(i), will be provided an opportunity to submit publicly 
available information to value FOPs within 30 days before the scheduled 
date of the preliminary determination.

Factors of Production

    Based on its assertion that information regarding the FOPs and 
volume of inputs consumed by Chinese producers/exporters of kegs was 
not reasonably available, the petitioner used its own consumption rates 
for \1/2\ barrel kegs to estimate the Chinese manufacturers' FOPs.\35\ 
The petitioner valued the estimated FOPs using surrogate values from 
Brazil reported in U.S. dollars, as noted above.\36\ The petitioner 
calculated factory overhead, SG&A, and profit based on the experience 
of a Brazilian producer of steel wheels.\37\
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    \35\ See China AD Initiation Checklist.
    \36\ Id.
    \37\ Id.
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Normal Value Based on Constructed Value

    For Germany and Mexico, pursuant to section 773(a)(4) of the Act, 
the petitioner calculated cost of manufacture (COM) using its own input 
FOPs and usage rates for raw materials, labor, energy, packing, and a 
scrap offset.\38\ The input FOPs were valued using publicly available 
data on country-specific costs.\39\ Specifically, the prices for raw 
material and packing inputs were based on publicly available import 
data for Germany and Mexico, respectively.\40\ Labor and energy costs 
were valued using publicly available sources for Germany and Mexico, 
respectively.\41\ The petitioner calculated factory overhead, SG&A, and 
profit for Germany based on the experience of a German steel 
producer.\42\ The petitioner calculated factory overhead, SG&A, and 
profit for Mexico based on the experience of a Mexican producer of 
stainless steel sheets, and steel products.\43\
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    \38\ See section 773(b)(3) of the Act. See also Germany AD 
Initiation Checklist and Mexico AD Checklist.
    \39\ See Germany AD Initiation Checklist and Mexico AD 
Initiation Checklist.
    \40\ Id.
    \41\ Id.
    \42\ Id.
    \43\ See Germany AD Initiation Checklist and Mexico AD 
Initiation Checklist.
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Fair Value Comparisons

    Based on the data provided by the petitioner, there is reason to 
believe that imports of kegs from China, Germany, and Mexico are being, 
or are likely to be, sold in the United States at less than fair value. 
Based on comparisons of EP to NV in accordance with sections 772 and 
773 of the Act, the estimated dumping margins for kegs for each of the 
countries covered by this initiation are as follows: (1) China--204.42 
percent; \44\ (2) Germany--72.80 percent; \45\ and (3) Mexico--18.48 
percent.\46\
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    \44\ See China AD Initiation Checklist.
    \45\ See Germany AD Initiation Checklist.
    \46\ See Mexico AD Initiation Checklist.
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Initiation of Less-Than-Fair-Value Investigations

    Based upon the examination of the Petitions, we find that the 
Petitions meet the requirements of section 732 of the Act. Therefore, 
we are initiating AD investigations to determine whether imports of 
kegs from China, Germany, and Mexico are being, or are likely to be, 
sold in the United States at less than fair value. In accordance with 
section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless 
postponed, we will make our preliminary determination no later than 140 
days after the date of this initiation.

Respondent Selection

    The petitioner identified 26 producers/exporters as accounting for 
the majority of exports of kegs to the United States from China.\47\ In 
accordance with our standard practice for respondent selection in AD 
cases involving NME countries, for China we intend to issue quantity 
and value (Q&V) questionnaires to producers/exporters of merchandise 
subject to this investigation. In the event Commerce determines that it 
cannot individually examine each company, where appropriate, Commerce 
intends to select mandatory respondents based on the responses received 
to its Q&V questionnaire. Commerce will request Q&V information from 
known exporters and producers identified with complete contact 
information in the Petition.
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    \47\ See Petitions Volume I at Exhibit GEN-23.
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    The petitioner identified three and five producers/exporters as 
accounting for the majority of exports of kegs to the United States 
from Germany and Mexico, respectively.\48\ Following standard practice 
in AD investigations involving market economy countries, Commerce would 
normally select respondents based on U.S. Customs and Border Protection 
(CBP) data for imports under the appropriate HTSUS numbers listed in 
the scope of the investigations. However, for these investigations, the 
HTSUS numbers under which the subject merchandise would enter, 
i.e.,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, and thus, in this case we cannot rely on 
CBP entry data for respondent selection purposes. Accordingly, we 
intend to issue Q&V questionnaires to each potential respondent 
identified in the Germany and Mexico Petitions. 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 Q&V questionnaires issued to potential respondents.
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    \48\ Id.
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    Exporters and producers of kegs from China, Germany, and Mexico 
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 http://trade.gov/enforcement/news.asp. Responses to the Q&V questionnaire must 
be submitted by the relevant Chinese, German, and Mexican 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.

Separate Rates

    In order to obtain separate-rate status in an NME investigation, 
exporters and producers must submit a separate-rate application.\49\ 
The specific requirements for submitting a separate-rate application in 
this investigation are provided in the application itself, which is 
available on Commerce's website at http://enforcement.trade.gov/nme/nme-sep-rate.html. The separate-rate application will be due 30 days 
after publication of this initiation notice.\50\ Exporters and 
producers who submit a separate-rate application and which have been 
selected as mandatory respondents will only be eligible for 
consideration for separate-rate status if

[[Page 52200]]

they respond to all parts of Commerce's AD questionnaire as mandatory 
respondents. Commerce requires that companies from China submit a 
response to both the Q&V questionnaire and the separate-rate 
application by the respective deadlines in order to receive 
consideration for separate-rate status. Companies not filing a timely 
Q&V questionnaire response will not receive separate-rate 
consideration.
---------------------------------------------------------------------------

    \49\ See Policy Bulletin 05.1: Separate-Rates Practice and 
Application of Combination Rates in Antidumping Investigation 
involving Non-Market Economy Countries (April 5, 2005), available at 
http://enforcement.trade.gov/policy/bull05-1.pdf (Policy Bulletin 
05.1).
    \50\ Although in past investigations this deadline was 60 days, 
consistent with 19 CFR 351.301(a), which states that ``the Secretary 
may request any person to submit factual information at any time 
during a proceeding,'' this deadline is now 30 days.
---------------------------------------------------------------------------

Use of Combination Rates

    Commerce will calculate combination rates for certain respondents 
that are eligible for a separate rate in an NME investigation. The 
Separate Rates and Combination Rates Bulletin states:

    {w{time} hile continuing the practice of assigning separate 
rates only to exporters, all separate rates that the Department will 
now assign in its NME Investigation will be specific to those 
producers that supplied the exporter during the period of 
investigation. Note, however, that one rate is calculated for the 
exporter and all of the producers which supplied subject merchandise 
to it during the period of investigation. This practice applies both 
to mandatory respondents receiving an individually calculated 
separate rate as well as the pool of non-investigated firms 
receiving the weighted-average of the individually calculated rates. 
This practice is referred to as the application of ``combination 
rates'' because such rates apply to specific combinations of 
exporters and one or more producers. The cash-deposit rate assigned 
to an exporter will apply only to merchandise both exported by the 
firm in question and produced by a firm that supplied the exporter 
during the period of investigation.\51\
---------------------------------------------------------------------------

    \51\ See Policy Bulletin 05.1 at 6 {emphasis added{time} .
---------------------------------------------------------------------------

Distribution of Copies of the Petitions

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), copies of the public version of the Petitions have been 
provided to the governments of China, Germany, and Mexico via ACCESS. 
To the extent practicable, we will attempt to provide a copy of the 
public version of the Petitions 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 
732(d) of the Act.

Preliminary Determinations by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petitions were filed, whether there is a reasonable 
indication that imports of kegs from China, Germany, and/or Mexico are 
materially injuring or threatening material injury to a U.S. industry. 
A negative ITC determination will result in the investigations being 
terminated with respect to that country.\52\ Otherwise, the 
investigations will proceed according to statutory and regulatory time 
limits.
---------------------------------------------------------------------------

    \52\ Id.
---------------------------------------------------------------------------

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 
\53\ 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.\54\ 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 this 
investigation.
---------------------------------------------------------------------------

    \53\ See 19 CFR 351.301(b).
    \54\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------

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 a letter or memorandum of 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 this investigation.

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\55\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\56\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
---------------------------------------------------------------------------

    \55\ See section 782(b) of the Act.
    \56\ See also Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to 
frequently asked questions regarding the Final Rule are available at 
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------

Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305(b). 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)). Instructions 
for filing such applications may be found on Commerce's website at 
http://enforcement.trade.gov/apo.
    This notice is issued and published pursuant to sections 732(c)(2) 
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 Investigations

    The merchandise covered by these investigations 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''

[[Page 52201]]

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 investigations 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 these investigations 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 these 
investigations is dispositive.

[FR Doc. 2018-22482 Filed 10-15-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                             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


                                         VerDate Sep<11>2014     18:44 Oct 15, 2018   Jkt 247001   PO 00000   Frm 00008   Fmt 4703   Sfmt 4703   E:\FR\FM\16OCN1.SGM   16OCN1


                                              52196                         Federal Register / Vol. 83, No. 200 / Tuesday, October 16, 2018 / Notices

                                              People’s Republic of China (China));                      the record in response to these                          Scope of the Investigations
                                              Michael A. Romani (202) 482–0198 and                      requests.4                                                 The product covered by these
                                              Andre Gziryan (202) 482–2201 (the                            In accordance with section 732(b) of                  investigations are kegs from China,
                                              Federal Republic of Germany                               the Tariff Act of 1930, as amended (the                  Germany, and Mexico. For a full
                                              (Germany)); and, Allison Hollander                        Act), the petitioner alleges that imports                description of the scope of these
                                              (202) 482–2805 (Mexico); AD/CVD                           of kegs from China, Germany, and                         investigations, see the Appendix to this
                                              Operations, Enforcement and                                                                                        notice.
                                                                                                        Mexico are being, or are likely to be,
                                              Compliance, International Trade
                                                                                                        sold in the United States at less than fair              Comments on Scope of the
                                              Administration, U.S. Department of
                                                                                                        value within the meaning of section 731                  Investigations
                                              Commerce, 1401 Constitution Avenue
                                                                                                        of the Act, and that such imports are
                                              NW, Washington, DC 20230.                                                                                             During our review of the Petitions, we
                                                                                                        materially injuring, or threatening
                                              SUPPLEMENTARY INFORMATION:                                                                                         contacted the petitioners regarding the
                                                                                                        material injury to, the domestic industry
                                              The Petitions                                             producing kegs in the United States.                     proposed scope to ensure that the scope
                                                                                                        Consistent with section 732(b)(1) of the                 language in the Petitions is an accurate
                                                On September 20, 2018, the U.S.                                                                                  reflection of the products for which the
                                              Department of Commerce (Commerce)                         Act, the Petitions are accompanied by
                                                                                                        information reasonably available to the                  domestic industry is seeking relief.6 As
                                              received antidumping duty (AD)                                                                                     a result, the scope of the Petitions was
                                              Petitions concerning imports of                           petitioner supporting its allegations.
                                                                                                                                                                 modified to clarify the description of
                                              refillable stainless steel kegs (kegs) from                  Commerce finds that the petitioner                    merchandise covered by the Petitions.
                                              China, Germany, and Mexico, filed in                      filed the Petitions on behalf of the                     The description of the merchandise
                                              proper form on behalf of the American                     domestic industry because the                            covered by these investigations, as
                                              Keg Company LLC (the petitioner), a                       petitioner is an interested party as                     described in the Appendix to this
                                              domestic producer of kegs.1 The AD                        defined in section 771(9)(C) of the Act.                 notice, reflects these clarifications.
                                              Petitions were accompanied by a                           Commerce also finds that the petitioner                     As discussed in the preamble to
                                              countervailing duty (CVD) Petition                        demonstrated sufficient industry                         Commerce’s regulations, we are setting
                                              concerning imports of kegs from China.2                   support with respect to the initiation of                aside a period for interested parties to
                                                 From September 25, to October 1,                       the AD investigations that the petitioner                raise issues regarding product coverage
                                              2018, we requested information from                       is requesting.5                                          (scope).7 Commerce will consider all
                                              the petitioner pertaining to the scope of
                                                                                                        Period of Investigations                                 comments received from interested
                                              the investigations and certain
                                                                                                                                                                 parties and, if necessary, will consult
                                              allegations contained within the
                                                                                                          Because the Petitions were filed on                    with interested parties prior to the
                                              petitions.3 The petitioner supplemented
                                                                                                        September 20, 2018, pursuant to 19 CFR                   issuance of the preliminary
                                                 1 See the petitioner’s Letter, ‘‘Petitions for the     351.204(b)(1), the period of                             determinations. If scope comments
                                              Imposition of Antidumping Duties on Imports of            investigation (POI) for the Germany and                  include factual information,8 all such
                                              Refillable Stainless Steel Kegs from Germany,             Mexico investigations is July 1, 2017,                   factual information should be limited to
                                              Mexico, and the People’s Republic of China and            through June 30, 2018. Because China is                  public information. To facilitate
                                              Countervailing Duties on Imports of Refillable
                                              Stainless Steel Kegs from the People’s Republic of        a non-market economy (NME) country,                      preparation of its questionnaires,
                                              China,’’ dated June 20, 2018 (Petitions).                 pursuant to 19 CFR 351.204(b)(1), the                    Commerce requests that all interested
                                                 2 See the Petitions at Volume V.                       POI is January 1, 2018, through June 30,                 parties submit scope comments by 5:00
                                                 3 See Commerce Letter, ‘‘Petition for the
                                                                                                        2018.                                                    p.m. Eastern Time (ET) on October 30,
                                              Imposition of Antidumping Duties on Imports of                                                                     2018, which is 20 calendar days from
                                              Refillable Stainless Steel Kegs from the People’s
                                              Republic of China, the Federal Republic of                for the Petitioner,’’ dated October 1, 2018; and,        the signature date of this notice.9 Any
                                              Germany, and Mexico: Supplemental Questions,’’            ‘‘Petition for the Imposition of Antidumping Duties      rebuttal comments, which may include
                                              dated September 25, 2018; and, ‘‘Petitions for the        on Imports of Refillable Stainless Steel Kegs from       factual information, must be filed by
                                              Imposition of Antidumping Duties on Imports of            Mexico: Phone Call with the Counsel for the
                                                                                                        Petitioner,’’ dated October 1, 2018.
                                                                                                                                                                 5:00 p.m. ET on November 9, 2018,
                                              Refillable Stainless Steel Kegs from the People’s
                                              Republic of China, the Federal Republic of                   4 See the petitioner’s Letters, ‘‘Supplement to the   which is 10 calendar days from the
                                              Germany, and Mexico, and Countervailing Duty              Petition for the Imposition of Antidumping Duties        initial comments deadline.
                                              Imports from the People’s Republic of China:              on Imports of Refillable Stainless Steel Kegs from          Commerce requests that any factual
                                              Supplemental Questions,’’ dated September 25,             China: Resubmission of Response to the                   information parties consider relevant to
                                              2018. See also, Commerce Letters including a              Department’s Supplemental Questions,’’ dated
                                              questionnaire as an addenda thereto both titled           September 27, 2018; and, ‘‘Supplement to the             the scope of the investigations be
                                              ‘‘Petitions for the Imposition of Antidumping             Petition for the Imposition of Antidumping Duties        submitted during this period. However,
                                              Duties on Imports of Refillable Stainless Steel Kegs      on Imports of Refillable Stainless Steel Kegs from       if a party subsequently finds that
                                              from the People’s Republic of China: Supplemental         Mexico and Germany: Resubmission of Response to          additional factual information
                                              Questions,’’ dated September 25 and 26, 2018,             the Department’s Supplemental Questions,’’ dated
                                              respectively; ‘‘Petition for the Imposition of            September 28, 2018 (General Issues Supplement).          pertaining to the scope of the
                                              Antidumping Duties on Imports of Refillable               See also the petitioner’s Letters, ‘‘Supplement to the   investigations may be relevant, the party
                                              Stainless Steel Kegs from Germany: Supplemental           Petition for the Imposition of Antidumping Duties        may contact Commerce and request
                                              Questions,’’ dated September 25, 2018; and,               on Imports of Refillable Stainless Steel Kegs from       permission to submit the additional
                                              Commerce Letters including a questionnaire as an          China: Resubmission of Response to the
                                              addenda thereto both titled ‘‘Petitions for the           Department’s Supplemental Questions,’’ dated
                                                                                                                                                                    6 See General Issues Supplement, at 1–9; see also
                                              Imposition of Antidumping Duties on Imports of            October 2, 2018; ‘‘Supplement to the Petition for the
                                              Refillable Stainless Steel Kegs from the People’s         Imposition of Antidumping Duties on Imports of           Revised Scope, at Exhibit 1.
                                                                                                                                                                    7 See Antidumping Duties; Countervailing Duties,
                                              Republic of Mexico: Supplemental Questions,’’             Refillable Stainless Steel Kegs from Germany:
amozie on DSK3GDR082PROD with NOTICES1




                                              dated September 25 and 26, 2018, respectively. See        Resubmission of Response to the Department’s             Final Rule, 62 FR 27296, 27323 (May 19, 1997).
                                                                                                        Supplemental Questions,’’ dated October 2, 2018;            8 See 19 CFR 351.102(b)(21) (defining ‘‘factual
                                              also Commerce Memoranda, ‘‘Petition for the
                                              Imposition of Antidumping Duties on Imports of            and, ‘‘Supplement to the Petition for the Imposition     information’’). See also the petitioner’s Letter,
                                              Refillable Stainless Steel Kegs from the People’s         of Antidumping Duties on Imports of Refillable           ‘‘Supplement to the Petition for the Imposition of
                                              Republic of China: Phone Call with the Counsel for        Stainless Steel Kegs from Mexico: Resubmission of        Antidumping Duties on Imports of Refillable
                                              the Petitioner,’’ dated October 1, 2018; ‘‘Petition for   Response to the Department’s Supplemental                Stainless Steel kegs from China: Response to the
                                              the Imposition of Antidumping Duties on Imports           Questions,’’ dated October 2, 2018.                      Department’s Supplemental Questions,’’ dated
                                              of Refillable Stainless Steel Kegs from the Federal          5 See the ‘‘Determination of Industry Support for     September 27, 2018, at General Issues—1.
                                              Republic of Germany: Phone Call with the Counsel          the Petition’’ section, infra.                              9 See 19 CFR 351.303(b).




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                                                                           Federal Register / Vol. 83, No. 200 / Tuesday, October 16, 2018 / Notices                                                    52197

                                              information. All such submissions must                  characteristics. In addition, interested                 product,12 they do so for different
                                              be filed on the records of the concurrent               parties may comment on the order in                      purposes and pursuant to a separate and
                                              AD and CVD investigations.                              which the physical characteristics                       distinct authority. In addition,
                                                                                                      should be used in matching products.                     Commerce’s determination is subject to
                                              Filing Requirements
                                                                                                      Generally, Commerce attempts to list                     limitations of time and information.
                                                 All submissions to Commerce must be                  the most important physical                              Although this may result in different
                                              filed electronically using Enforcement                  characteristics first and the least                      definitions of the like product, such
                                              and Compliance’s Antidumping Duty                       important characteristics last.                          differences do not render the decision of
                                              and Countervailing Duty Centralized                        In order to consider the suggestions of               either agency contrary to law.13
                                              Electronic Service System (ACCESS).10                   interested parties in developing and                        Section 771(10) of the Act defines the
                                              An electronically filed document must                   issuing the AD questionnaires, all                       domestic like product as ‘‘a product
                                              be received successfully in its entirety                product characteristics comments must                    which is like, or in the absence of like,
                                              by the time and date it is due.                         be filed by 5:00 p.m. ET on October 30,                  most similar in characteristics and uses
                                              Documents exempted from the                             2018, which is 20 calendar days from                     with, the article subject to an
                                              electronic submission requirements                      the signature date of this notice.11 Any                 investigation under this title.’’ Thus, the
                                              must be filed manually (i.e., in paper                  rebuttal comments must be filed by 5:00                  reference point from which the
                                              form) with Enforcement and                              p.m. ET on November 9, 2018. All                         domestic like product analysis begins is
                                              Compliance’s APO/Dockets Unit, Room                     comments and submissions to                              ‘‘the article subject to an investigation’’
                                              18022, U.S. Department of Commerce,                     Commerce must be filed electronically                    (i.e., the class or kind of merchandise to
                                              1401 Constitution Avenue NW,                            using ACCESS, as explained above, on                     be investigated, which normally will be
                                              Washington, DC 20230, and stamped                       the record of each of the AD                             the scope as defined in the petitions).
                                              with the date and time of receipt by the                investigations.                                             With regard to the domestic like
                                              applicable deadlines.                                                                                            product, the petitioner does not offer a
                                                                                                      Determination of Industry Support for
                                              Comments on Product Characteristics                     the Petitions                                            definition of the domestic like product
                                              for AD Questionnaires                                                                                            distinct from the scope of the
                                                                                                         Section 732(b)(1) of the Act requires
                                                                                                                                                               investigations.14 Based on our analysis
                                                Commerce is providing interested                      that a petition be filed on behalf of the
                                                                                                                                                               of the information submitted on the
                                              parties an opportunity to comment on                    domestic industry. Section 732(c)(4)(A)
                                                                                                                                                               record, we have determined that kegs, as
                                              the appropriate physical characteristics                of the Act provides that a petition meets
                                                                                                                                                               defined in the scope, constitute a single
                                              of kegs to be reported in response to                   this requirement if the domestic
                                                                                                                                                               domestic like product, and we have
                                              Commerce’s AD questionnaires. This                      producers or workers who support the
                                                                                                                                                               analyzed industry support in terms of
                                              information will be used to identify the                petition account for: (i) At least 25
                                                                                                      percent of the total production of the                   that domestic like product.15
                                              key physical characteristics of the
                                                                                                      domestic like product; and (ii) more                        In determining whether the petitioner
                                              subject merchandise in order to report
                                                                                                      than 50 percent of the production of the                 has standing under section 732(c)(4)(A)
                                              the relevant factors of production
                                                                                                      domestic like product produced by that                   of the Act, we considered the industry
                                              accurately, as well as, to develop
                                                                                                      portion of the industry expressing                       support data contained in the Petitions
                                              appropriate product-comparison
                                                                                                      support for, or opposition to, the                       with reference to the domestic like
                                              criteria.
                                                Interested parties may provide any                    petition. Moreover, section 732(c)(4)(D)                 product as defined in the ‘‘Scope of the
                                              information or comments that they feel                  of the Act provides that, if the petition                Investigation,’’ in the Appendix to this
                                              are relevant to the development of an                   does not establish support of domestic                   notice. To establish industry support,
                                              accurate list of physical characteristics.              producers or workers accounting for                      the petitioner provided its own
                                              Specifically, they may provide                          more than 50 percent of the total                        production of the domestic like product
                                              comments as to which characteristics                    production of the domestic like product,                 in 2017.16 The petitioner states that
                                              are appropriate to use as: (1) General                  Commerce shall: (i) Poll the industry or                 there are no other known producers of
                                              product characteristics, and (2) product                rely on other information in order to                    kegs in the United States; therefore, the
                                              comparison criteria. We note that it is                 determine if there is support for the
                                                                                                                                                                 12 See  section 771(10) of the Act.
                                              not always appropriate to use all                       petition, as required by subparagraph                      13 See  USEC, Inc. v. United States, 132 F. Supp.
                                              product characteristics as product                      (A); or (ii) determine industry support                  2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
                                              comparison criteria. We base product                    using a statistically valid sampling                     v. United States, 688 F. Supp. 639, 644 (CIT 1988),
                                              comparison criteria on meaningful                       method to poll the ‘‘industry.’’                         aff’d 865 F.2d 240 (Fed. Cir. 1989)).
                                              commercial differences among products.                     Section 771(4)(A) of the Act defines                     14 See Volume I of the Petitions, at 33–36.
                                                                                                                                                                  15 For a discussion of the domestic like product
                                              In other words, although there may be                   the ‘‘industry’’ as the producers as a
                                                                                                                                                               analysis as applied to this case and information
                                              some physical product characteristics                   whole of a domestic like product. Thus,                  regarding industry support, see Antidumping Duty
                                              utilized by manufacturers to describe                   to determine whether a petition has the                  Investigation Initiation Checklists: Refillable
                                              kegs, it may be that only a select few                  requisite industry support, the statute                  Stainless Steel Kegs from the People’s Republic of
                                                                                                      directs Commerce to look to producers                    China (China AD Initiation Checklist); Refillable
                                              product characteristics take into account                                                                        Stainless Steel Kegs from the Federal Republic of
                                              commercially meaningful physical                        and workers who produce the domestic                     Germany (Germany AD Initiation Checklist); and,
                                                                                                      like product. The International Trade                    Refillable Stainless Steel Kegs from Mexico (Mexico
                                                 10 See Antidumping and Countervailing Duty           Commission (ITC), which is responsible                   AD Initiation Checklist), at Attachment II,
                                              Proceedings: Electronic Filing Procedures;              for determining whether ‘‘the domestic                   ‘‘Analysis of Industry Support for the Antidumping
                                              Administrative Protective Order Procedures, 76 FR                                                                and Countervailing Duty Petitions Covering
                                                                                                      industry’’ has been injured, must also
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                                              39263 (July 6, 2011); see also Enforcement and                                                                   Refillable Stainless Steel Kegs from the People’s
                                              Compliance; Change of Electronic Filing System          determine what constitutes a domestic                    Republic of China, the Federal Republic of
                                              Name, 79 FR 69046 (November 20, 2014) for details       like product in order to define the                      Germany, and Mexico’’ (Attachment II). These
                                              of Commerce’s electronic filing requirements,           industry. While both Commerce and the                    checklists are dated concurrently with this notice
                                              effective August 5, 2011. Information on help using                                                              and are on file electronically via ACCESS. Access
                                                                                                      ITC must apply the same statutory                        to documents filed via ACCESS is also available in
                                              ACCESS can be found at https://access.trade.gov/
                                              help.aspx and a handbook can be found at https://       definition regarding the domestic like                   the Central Records Unit, Room B8024 of the main
                                              access.trade.gov/help/Handbook%20on                                                                              Department of Commerce building.
                                              %20Electronic%20Filling%20Procedures.pdf.                 11 See   19 CFR 351.303(b).                               16 See Volume I of the Petitions, at 49 and 51.




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                                              52198                        Federal Register / Vol. 83, No. 200 / Tuesday, October 16, 2018 / Notices

                                              Petitions are supported by 100 percent                  negligibility threshold provided for                  brokerage and handling, foreign inland
                                              of the U.S. industry.17                                 under section 771(24)(A) of the Act.23                freight, and ocean freight, consistent
                                                 Our review of the data provided in the                  The petitioner contends that the                   with the terms of sale as applicable.29
                                              Petitions, the General Issues                           industry’s injured condition is
                                                                                                      illustrated by a significant volume of                Normal Value
                                              Supplement, and other information
                                              readily available to Commerce indicates                 subject imports and an increasing share                  For Germany and Mexico, the
                                              that the petitioner has established                     of subject imports relative to total                  petitioner was unable to obtain home
                                              industry support for the Petitions.18                   imports; underselling and price                       market or third-country prices for kegs;
                                              First, the Petitions established support                depression or suppression; recent                     therefore, the petitioner calculated NV
                                              from domestic producers (or workers)                    declines in production and capacity                   based on constructed value (CV)
                                              accounting for more than 50 percent of                  utilization; negative effects on the                  pursuant to section 773(a)(4) of the Act.
                                              the total production of the domestic like               domestic industry’s investment, cash                  See the section ‘‘Normal Value Based on
                                              product and, as such, Commerce is not                   flows, and inventories; decline in the                Constructed Value’’ below.30
                                              required to take further action in order                domestic industry’s financial                            With respect to China, Commerce
                                              to evaluate industry support (e.g.,                     performance; and lost sales and                       considers China to be an NME
                                              polling).19 Second, the domestic                        revenues.24 We have assessed the                      country.31 In accordance with section
                                              producers (or workers) have met the                     allegations and supporting evidence                   771(18)(C)(i) of the Act, any
                                              statutory criteria for industry support                 regarding material injury, threat of                  determination that a foreign country is
                                              under section 732(c)(4)(A)(i) of the Act                material injury, causation, as well as                an NME country shall remain in effect
                                              because the domestic producers (or                      cumulation, and we have determined                    until revoked by Commerce. Therefore,
                                              workers) who support the Petitions                      that these allegations are properly                   we continue to treat China as an NME
                                              account for at least 25 percent of the                  supported by adequate evidence, and                   country for purposes of the initiation of
                                              total production of the domestic like                   meet the statutory requirements for                   this investigation. Accordingly, NV in
                                              product.20 Finally, the domestic                        initiation.25                                         China is appropriately based on factors
                                              producers (or workers) have met the                                                                           of production (FOPs) valued in a
                                                                                                      Allegations of Sales at Less Than Fair                surrogate market economy country, in
                                              statutory criteria for industry support                 Value
                                              under section 732(c)(4)(A)(ii) of the Act                                                                     accordance with section 773(c) of the
                                                                                                         The following is a description of the              Act.32 In the course of this investigation,
                                              because the domestic producers (or
                                                                                                      allegations of sales at less than fair value          all parties, and the public, will have the
                                              workers) who support the Petitions
                                                                                                      that are the basis for Commerce’s                     opportunity to provide relevant
                                              account for more than 50 percent of the
                                                                                                      decision to initiate AD investigations of             information related to the granting of
                                              production of the domestic like product
                                                                                                      imports of kegs from China, Germany,                  separate rates to individual exporters.
                                              produced by that portion of the industry
                                                                                                      and Mexico. The sources of data for the                  The petitioner claims that Brazil is an
                                              expressing support for, or opposition to,
                                                                                                      deductions and adjustments relating to                appropriate surrogate country for China
                                              the Petitions.21 Accordingly, Commerce
                                                                                                      U.S. price and NV are discussed in                    because it is a market economy country
                                              determines that the Petitions were filed
                                                                                                      greater detail in the country-specific AD             that is at a level of economic
                                              on behalf of the domestic industry
                                                                                                      Initiation Checklists.                                development comparable to that of
                                              within the meaning of section 732(b)(1)
                                              of the Act.                                             Export Price                                          China and it is a significant producer of
                                                 Commerce finds that the petitioner                                                                         comparable merchandise.33 The
                                                                                                        For China, the petitioner based U.S.                petitioner provided publicly available
                                              filed the Petitions on behalf of the                    export price (EP) on a price quote for
                                              domestic industry because it is an                                                                            information from Brazil to value all
                                                                                                      kegs produced in, and exported from                   FOPs.34 Therefore, based on the
                                              interested party as defined in section                  China and offered for sale in the United
                                              771(9)(C) of the Act, and it has                                                                              information provided by the petitioner,
                                                                                                      States.26 For Germany, the petitioner
                                              demonstrated sufficient industry                        based EP on a price quote for kegs                       29 See China AD Initiation Checklist, Germany
                                              support with respect to the AD                          produced in, and exported from,                       AD Initiation Checklist, and Mexico AD Initiation
                                              investigations that it is requesting that               Germany and offered for sale in the                   Checklist.
                                              Commerce initiate.22                                    United States.27 For Mexico, the                         30 In accordance with section 505(a) of the Trade

                                                                                                      petitioner based EP on the average unit               Preferences Extension Act of 2015, amending
                                              Allegations and Evidence of Material                                                                          section 773(b)(2) of the Act, for these investigations,
                                              Injury and Causation                                    value for exports of kegs from Mexico to              Commerce will request information necessary to
                                                                                                      the U.S. market using data compiled by                calculate the CV and cost of production (COP) to
                                                 The petitioner alleges that the U.S.                 Descartes Datamyne.28 Where                           determine whether there are reasonable grounds to
                                              industry producing the domestic like                    appropriate, the petitioner made                      believe or suspect that sales of the foreign like
                                              product is being materially injured, or is                                                                    product have been made at prices that represent
                                                                                                      deductions from U.S. price for foreign                less than the COP of the product. Commerce no
                                              threatened with material injury, by                                                                           longer requires a COP allegation to conduct this
                                              reason of the imports of the subject                      23 See Volume I of the Petitions, at 37–38.         analysis.
                                              merchandise sold at less than normal                      24 Id.at 23–33, 37–53, and Exhibit GEN–35; see         31 See Antidumping Duty Investigation of Certain

                                              value (NV). In addition, the petitioner                 also General Issues Supplement, at 18–33 and          Aluminum Foil from the People’s Republic of
                                              alleges that subject imports exceed the                 Exhibit SUPP GEN–7.                                   China: Affirmative Preliminary Determination of
                                                                                                        25 See China AD Initiation Checklist, at            Sales at Less-Than-Fair Value and Postponement of
                                                                                                      Attachment III, Analysis of Allegations and           Final Determination, 82 FR 50858, 50861
                                                 17 Id., at 5–6 and Exhibit GEN–10; see also
                                                                                                      Evidence of Material Injury and Causation for the     (November 2, 2017), and accompanying decision
                                              General Issues Supplement, at 10–18 and Exhibit         Antidumping and Countervailing Duty Petitions         memorandum, China’s Status as a Non-Market
                                              SUPP–GEN–6.
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                                                                                                      Covering Refillable Stainless Steel Kegs from the     Economy, unchanged in Certain Aluminum Foil
                                                 18 Id.
                                                                                                      People’s Republic of China, the Federal Republic of   from the People’s Republic of China: Final
                                                 19 Id.; see also section 732(c)(4)(D) of the Act.    Germany, and Mexico (Attachment III); Germany         Determination of Sales at Less Than Fair Value, 83
                                                 20 See China AD Initiation Checklist, at             AD Initiation Checklist, at Attachment III; and       FR 9282 (March 5, 2018).
                                              Attachment II; Germany AD Initiation Checklist, at      Mexico AD Initiation Checklist, at Attachment III;       32 See China AD Initiation Checklist.

                                              Attachment II; and Mexico AD Initiation Checklist,      China AD Initiation Checklist, at Attachment III.        33 See Volume II of the Petitions, at 4–5 and
                                              at Attachment II.                                         26 See China AD Initiation Checklist.
                                                                                                                                                            Exhibit PRC AD–5.
                                                 21 Id.                                                 27 See Germany AD Initiation Checklist.                34 Id. at 5–7 and Exhibits PRC–AD–3 and PRC–
                                                 22 Id.                                                 28 See Mexico AD Initiation Checklist.              AD–9.



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                                                                             Federal Register / Vol. 83, No. 200 / Tuesday, October 16, 2018 / Notices                                                   52199

                                              we determine that it is appropriate to                    Fair Value Comparisons                                under the appropriate HTSUS numbers
                                              use Brazil as the primary surrogate                         Based on the data provided by the                   listed in the scope of the investigations.
                                              country for initiation purposes.                          petitioner, there is reason to believe that           However, for these investigations, the
                                                Interested parties will have the                        imports of kegs from China, Germany,                  HTSUS numbers under which the
                                              opportunity to submit comments                            and Mexico are being, or are likely to be,            subject merchandise would enter,
                                              regarding surrogate country selection                     sold in the United States at less than fair           i.e.,7310.10.0010, 7310.10.0050,
                                              and, pursuant to 19 CFR                                   value. Based on comparisons of EP to                  7310.29.0025, and 7310.29.0050, are
                                              351.301(c)(3)(i), will be provided an                     NV in accordance with sections 772 and                basket categories containing a wide
                                              opportunity to submit publicly available                  773 of the Act, the estimated dumping                 variety of manufactured steel products
                                              information to value FOPs within 30                       margins for kegs for each of the                      unrelated to kegs, and thus, in this case
                                              days before the scheduled date of the                     countries covered by this initiation are              we cannot rely on CBP entry data for
                                              preliminary determination.                                as follows: (1) China—204.42 percent; 44              respondent selection purposes.
                                                                                                        (2) Germany—72.80 percent; 45 and (3)                 Accordingly, we intend to issue Q&V
                                              Factors of Production                                                                                           questionnaires to each potential
                                                                                                        Mexico—18.48 percent.46
                                                 Based on its assertion that                                                                                  respondent identified in the Germany
                                              information regarding the FOPs and                        Initiation of Less-Than-Fair-Value                    and Mexico Petitions. In the event
                                              volume of inputs consumed by Chinese                      Investigations                                        Commerce determines that the number
                                              producers/exporters of kegs was not                          Based upon the examination of the                  of companies is large, and it cannot
                                              reasonably available, the petitioner used                 Petitions, we find that the Petitions                 individually examine each company
                                              its own consumption rates for 1⁄2 barrel                  meet the requirements of section 732 of               based upon Commerce’s resources,
                                              kegs to estimate the Chinese                              the Act. Therefore, we are initiating AD              where appropriate, Commerce intends
                                              manufacturers’ FOPs.35 The petitioner                     investigations to determine whether                   to select mandatory respondents based
                                              valued the estimated FOPs using                           imports of kegs from China, Germany,                  on Q&V questionnaires issued to
                                              surrogate values from Brazil reported in                  and Mexico are being, or are likely to be,            potential respondents.
                                              U.S. dollars, as noted above.36 The                       sold in the United States at less than fair              Exporters and producers of kegs from
                                              petitioner calculated factory overhead,                   value. In accordance with section                     China, Germany, and Mexico that do not
                                              SG&A, and profit based on the                             733(b)(1)(A) of the Act and 19 CFR                    receive Q&V questionnaires by mail may
                                              experience of a Brazilian producer of                     351.205(b)(1), unless postponed, we will              still submit a response to the Q&V
                                              steel wheels.37                                           make our preliminary determination no                 questionnaire and can obtain a copy of
                                                                                                        later than 140 days after the date of this            the Q&V questionnaire from the
                                              Normal Value Based on Constructed                                                                               Enforcement and Compliance website,
                                                                                                        initiation.
                                              Value                                                                                                           at http://trade.gov/enforcement/
                                                For Germany and Mexico, pursuant to                     Respondent Selection                                  news.asp. Responses to the Q&V
                                              section 773(a)(4) of the Act, the                            The petitioner identified 26                       questionnaire must be submitted by the
                                              petitioner calculated cost of                             producers/exporters as accounting for                 relevant Chinese, German, and Mexican
                                              manufacture (COM) using its own input                     the majority of exports of kegs to the                exporters/producers no later than 5:00
                                              FOPs and usage rates for raw materials,                   United States from China.47 In                        p.m. ET on October 24, 2018, which is
                                              labor, energy, packing, and a scrap                       accordance with our standard practice                 two weeks from the signature date of
                                              offset.38 The input FOPs were valued                      for respondent selection in AD cases                  this notice. All Q&V responses must be
                                              using publicly available data on                          involving NME countries, for China we                 filed electronically via ACCESS.
                                              country-specific costs.39 Specifically,                   intend to issue quantity and value                    Separate Rates
                                              the prices for raw material and packing                   (Q&V) questionnaires to producers/
                                                                                                        exporters of merchandise subject to this                 In order to obtain separate-rate status
                                              inputs were based on publicly available
                                                                                                        investigation. In the event Commerce                  in an NME investigation, exporters and
                                              import data for Germany and Mexico,
                                                                                                        determines that it cannot individually                producers must submit a separate-rate
                                              respectively.40 Labor and energy costs
                                                                                                        examine each company, where                           application.49 The specific requirements
                                              were valued using publicly available
                                                                                                        appropriate, Commerce intends to select               for submitting a separate-rate
                                              sources for Germany and Mexico,
                                                                                                        mandatory respondents based on the                    application in this investigation are
                                              respectively.41 The petitioner calculated
                                                                                                        responses received to its Q&V                         provided in the application itself, which
                                              factory overhead, SG&A, and profit for
                                                                                                                                                              is available on Commerce’s website at
                                              Germany based on the experience of a                      questionnaire. Commerce will request
                                                                                                                                                              http://enforcement.trade.gov/nme/nme-
                                              German steel producer.42 The petitioner                   Q&V information from known exporters
                                                                                                                                                              sep-rate.html. The separate-rate
                                              calculated factory overhead, SG&A, and                    and producers identified with complete
                                                                                                                                                              application will be due 30 days after
                                              profit for Mexico based on the                            contact information in the Petition.
                                                                                                           The petitioner identified three and                publication of this initiation notice.50
                                              experience of a Mexican producer of                                                                             Exporters and producers who submit a
                                              stainless steel sheets, and steel                         five producers/exporters as accounting
                                                                                                        for the majority of exports of kegs to the            separate-rate application and which
                                              products.43                                                                                                     have been selected as mandatory
                                                                                                        United States from Germany and
                                                                                                                                                              respondents will only be eligible for
                                                35 See   China AD Initiation Checklist.                 Mexico, respectively.48 Following
                                                                                                                                                              consideration for separate-rate status if
                                                36 Id.                                                  standard practice in AD investigations
                                                37 Id.
                                                                                                        involving market economy countries,                     49 See Policy Bulletin 05.1: Separate-Rates
                                                38 See section 773(b)(3) of the Act. See also
                                                                                                        Commerce would normally select                        Practice and Application of Combination Rates in
                                              Germany AD Initiation Checklist and Mexico AD
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                                              Checklist.
                                                                                                        respondents based on U.S. Customs and                 Antidumping Investigation involving Non-Market
                                                39 See Germany AD Initiation Checklist and              Border Protection (CBP) data for imports              Economy Countries (April 5, 2005), available at
                                                                                                                                                              http://enforcement.trade.gov/policy/bull05-1.pdf
                                              Mexico AD Initiation Checklist.                                                                                 (Policy Bulletin 05.1).
                                                40 Id.                                                    44 See China AD Initiation Checklist.                 50 Although in past investigations this deadline
                                                41 Id.                                                    45 See Germany AD Initiation Checklist.             was 60 days, consistent with 19 CFR 351.301(a),
                                                42 Id.                                                    46 See Mexico AD Initiation Checklist.
                                                                                                                                                              which states that ‘‘the Secretary may request any
                                                43 See Germany AD Initiation Checklist and                47 See Petitions Volume I at Exhibit GEN–23.
                                                                                                                                                              person to submit factual information at any time
                                              Mexico AD Initiation Checklist.                             48 Id.                                              during a proceeding,’’ this deadline is now 30 days.



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                                              52200                          Federal Register / Vol. 83, No. 200 / Tuesday, October 16, 2018 / Notices

                                              they respond to all parts of Commerce’s                   will result in the investigations being                circumstances we will grant untimely-
                                              AD questionnaire as mandatory                             terminated with respect to that                        filed requests for the extension of time
                                              respondents. Commerce requires that                       country.52 Otherwise, the investigations               limits. Parties should review Extension
                                              companies from China submit a                             will proceed according to statutory and                of Time Limits; Final Rule, 78 FR 57790
                                              response to both the Q&V questionnaire                    regulatory time limits.                                (September 20, 2013), available at
                                              and the separate-rate application by the                                                                         http://www.gpo.gov/fdsys/pkg/FR-2013-
                                                                                                        Submission of Factual Information
                                              respective deadlines in order to receive                                                                         09-20/html/2013-22853.htm, prior to
                                              consideration for separate-rate status.                      Factual information is defined in 19                submitting factual information in this
                                              Companies not filing a timely Q&V                         CFR 351.102(b)(21) as: (i) Evidence                    investigation.
                                              questionnaire response will not receive                   submitted in response to questionnaires;
                                                                                                        (ii) evidence submitted in support of                  Certification Requirements
                                              separate-rate consideration.
                                                                                                        allegations; (iii) publicly available                    Any party submitting factual
                                              Use of Combination Rates                                  information to value factors under 19                  information in an AD or CVD
                                                 Commerce will calculate combination                    CFR 351.408(c) or to measure the                       proceeding must certify to the accuracy
                                              rates for certain respondents that are                    adequacy of remuneration under 19 CFR                  and completeness of that information.55
                                              eligible for a separate rate in an NME                    351.511(a)(2); (iv) evidence placed on                 Parties must use the certification
                                              investigation. The Separate Rates and                     the record by Commerce; and (v)                        formats provided in 19 CFR
                                              Combination Rates Bulletin states:                        evidence other than factual information                351.303(g).56 Commerce intends to
                                                                                                        described in (i)–(iv). 19 CFR 351.301(b)               reject factual submissions if the
                                                {w}hile continuing the practice of
                                              assigning separate rates only to exporters, all           requires any party, when submitting                    submitting party does not comply with
                                              separate rates that the Department will now               factual information, to specify under                  the applicable certification
                                              assign in its NME Investigation will be                   which subsection of 19 CFR                             requirements.
                                              specific to those producers that supplied the             351.102(b)(21) the information is being
                                              exporter during the period of investigation.
                                                                                                                                                               Notification to Interested Parties
                                                                                                        submitted 53 and, if the information is
                                              Note, however, that one rate is calculated for            submitted to rebut, clarify, or correct                  Interested parties must submit
                                              the exporter and all of the producers which               factual information already on the                     applications for disclosure under APO
                                              supplied subject merchandise to it during the                                                                    in accordance with 19 CFR 351.305(b).
                                                                                                        record, to provide an explanation
                                              period of investigation. This practice applies                                                                   On January 22, 2008, Commerce
                                              both to mandatory respondents receiving an                identifying the information already on
                                                                                                        the record that the factual information                published Antidumping and
                                              individually calculated separate rate as well
                                              as the pool of non-investigated firms                     seeks to rebut, clarify, or correct.54 Time            Countervailing Duty Proceedings:
                                              receiving the weighted-average of the                     limits for the submission of factual                   Documents Submission Procedures;
                                              individually calculated rates. This practice is           information are addressed in 19 CFR                    APO Procedures, 73 FR 3634 (January
                                              referred to as the application of ‘‘combination           351.301, which provides specific time                  22, 2008). Parties wishing to participate
                                              rates’’ because such rates apply to specific              limits based on the type of factual                    in this investigation should ensure that
                                              combinations of exporters and one or more                 information being submitted. Interested                they meet the requirements of these
                                              producers. The cash-deposit rate assigned to                                                                     procedures (e.g., the filing of letters of
                                              an exporter will apply only to merchandise
                                                                                                        parties should review the regulations
                                                                                                        prior to submitting factual information                appearance as discussed at 19 CFR
                                              both exported by the firm in question and
                                                                                                        in this investigation.                                 351.103(d)). Instructions for filing such
                                              produced by a firm that supplied the exporter
                                              during the period of investigation.51                                                                            applications may be found on
                                                                                                        Extensions of Time Limits                              Commerce’s website at http://
                                              Distribution of Copies of the Petitions                      Parties may request an extension of                 enforcement.trade.gov/apo.
                                                In accordance with section                              time limits before the expiration of a                   This notice is issued and published
                                              732(b)(3)(A) of the Act and 19 CFR                        time limit established under 19 CFR                    pursuant to sections 732(c)(2) and 777(i)
                                              351.202(f), copies of the public version                  351.301, or as otherwise specified by the              of the Act, and 19 CFR 351.203(c).
                                              of the Petitions have been provided to                    Secretary. In general, an extension                      Dated: October 10, 2018.
                                              the governments of China, Germany,                        request will be considered untimely if it              Gary Taverman,
                                              and Mexico via ACCESS. To the extent                      is filed after the expiration of the time              Deputy Assistant Secretary for Antidumping
                                              practicable, we will attempt to provide                   limit established under 19 CFR 351.301.                and Countervailing Duty Operations,
                                              a copy of the public version of the                       For submissions that are due from                      performing the non-exclusive functions and
                                              Petitions to each exporter named in the                   multiple parties simultaneously, an                    duties of the Assistant Secretary for
                                              Petitions, as provided under 19 CFR                       extension request will be considered                   Enforcement and Compliance.
                                              351.203(c)(2).                                            untimely if it is filed after 10:00 a.m. ET            Appendix
                                                                                                        on the due date. Under certain
                                              ITC Notification                                          circumstances, we may elect to specify                 Scope of the Investigations
                                                We will notify the ITC of our                           a different time limit by which                          The merchandise covered by these
                                              initiation, as required by section 732(d)                 extension requests will be considered                  investigations are kegs, vessels, or containers
                                              of the Act.                                               untimely for submissions which are due                 that are approximately cylindrical in shape,
                                                                                                                                                               made from stainless steel (i.e., steel
                                                                                                        from multiple parties simultaneously. In
                                              Preliminary Determinations by the ITC                                                                            containing at least 10.5 percent chromium by
                                                                                                        such a case, we will inform parties in a               weight and less than 1.2 percent carbon by
                                                 The ITC will preliminarily determine,                  letter or memorandum of the deadline                   weight, with or without other elements), and
                                              within 45 days after the date on which                    (including a specified time) by which                  that are compatible with a ‘‘D Sankey’’
                                              the Petitions were filed, whether there                   extension requests must be filed to be
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                                              is a reasonable indication that imports                   considered timely. An extension request                  55 See section 782(b) of the Act.
                                              of kegs from China, Germany, and/or                       must be made in a separate, stand-alone                  56 See also Certification of Factual Information to
                                              Mexico are materially injuring or                         submission; under limited                              Import Administration During Antidumping and
                                              threatening material injury to a U.S.                                                                            Countervailing Duty Proceedings, 78 FR 42678 (July
                                                                                                                                                               17, 2013) (Final Rule). Answers to frequently asked
                                              industry. A negative ITC determination                      52 Id.
                                                                                                                                                               questions regarding the Final Rule are available at
                                                                                                          53 See   19 CFR 351.301(b).                          http://enforcement.trade.gov/tlei/notices/factual_
                                                51 See   Policy Bulletin 05.1 at 6 {emphasis added}.      54 See   19 CFR 351.301(b)(2).                       info_final_rule_FAQ_07172013.pdf.



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                                                                           Federal Register / Vol. 83, No. 200 / Tuesday, October 16, 2018 / Notices                                                52201

                                              extractor (commonly known as a ‘‘D                      DEPARTMENT OF COMMERCE                                under subheadings 1605.40.10.10,
                                              Coupler’’ or ‘‘Sankey’’) (refillable stainless                                                                1605.40.10.90, 0306.19.00.10, and
                                              steel kegs) with a nominal liquid volume                International Trade Administration                    0306.29.00.00. On February 10, 2012,
                                              capacity of 10 liters or more, regardless of the                                                              Commerce added HTSUS classification
                                                                                                      [A–570–848]
                                              type of finish, gauge, thickness, or grade of                                                                 number 0306.29.01.00 to the scope
                                              stainless steel, and whether or not covered by          Freshwater Crawfish Tail Meat From                    description pursuant to a request by
                                              or encased in other materials. Refillable               the People’s Republic of China:                       U.S. Customs and Border Protection
                                              stainless steel kegs may be imported                    Preliminary Results of Antidumping                    (CBP). On September 21, 2018,
                                              assembled or unassembled, with or without               Duty Administrative Review and New
                                              all components (including spears, couplers or                                                                 Commerce added HTSUS classification
                                                                                                      Shipper Reviews, and Rescission of                    numbers 0306.39.0000 and
                                              taps, necks, collars, and valves), and be filled
                                                                                                      Review in Part; 2016–2017                             0306.99.0000 to the scope description
                                              or unfilled.
                                                 ‘‘Unassembled’’ or ‘‘unfinished’’ refillable         AGENCY:  Enforcement and Compliance,                  pursuant to a request by CBP. While the
                                              stainless steel kegs include drawn stainless            International Trade Administration,                   HTSUS numbers are provided for
                                              steel cylinders that have been welded to form           Department of Commerce.                               convenience and customs purposes, the
                                              the body of the keg and welded to an upper              SUMMARY: The Department of Commerce                   written description is dispositive. A full
                                              (top) chime and/or lower (bottom) chime.                (Commerce) preliminarily determines                   description of the scope of the order is
                                              Unassembled refillable stainless steel kegs             that companies covered by the                         contained in the Preliminary Decision
                                              may or may not be welded to a neck, may                 administrative review and new shipper                 Memorandum.1
                                              or may not have a valve assembly attached,              reviews did not make sales of subject
                                              and may be otherwise complete except for                                                                      Rescission of Administrative Review in
                                                                                                      merchandise at prices below normal                    Part
                                              testing, certification, and/or marking.
                                                                                                      value. We invite interested parties to
                                                 Subject merchandise also includes
                                                                                                      comment on these preliminary results.                    Pursuant to 19 CFR 351.213(d)(1),
                                              refillable stainless steel kegs that have been
                                              further processed in a third country,                   DATES: Applicable October 16, 2018.                   Commerce will rescind an
                                              including but not limited to, attachment of             FOR FURTHER INFORMATION CONTACT:                      administrative review, in whole or in
                                              necks, collars, spears or valves, heat                  Bryan Hansen at (202) 482–3683 (Hubei                 part, if the parties that requested a
                                              treatment, pickling, passivation, painting,             Nature), Joshua Poole (202) 482–1293                  review withdraw the request within 90
                                              testing, certification or any other processing          (Anhui Luan), or Hermes Pinilla (202)                 days of the date of publication of the
                                              that would not otherwise remove the                     482–3477 (Kunshan Xinrui), AD/CVD                     notice of initiation.
                                              merchandise from the scope of the                       Operations, Office I, Enforcement and                    The petitioners, the Crawfish
                                              investigations if performed in the country of           Compliance, International Trade                       Processors Alliance, withdrew their
                                              manufacture of the in-scope refillable                  Administration, U.S. Department of                    review request for six of the 12
                                              stainless steel keg.                                    Commerce, 1401 Constitution Avenue                    companies for which a review was
                                                 Specifically excluded are the following:             NW, Washington, DC 20230.
                                                                                                                                                            requested.2 This withdrawal of review
                                                 (1) Vessels or containers that are not               SUPPLEMENTARY INFORMATION:
                                              approximately cylindrical in nature (e.g.,                                                                    requests was submitted on February 12,
                                              box, ‘‘hopper’’ or ‘‘cone’’ shaped vessels);            Background                                            2018, within the deadline set forth
                                                 (2) stainless steel kegs, vessels, or                                                                      under 19 CFR 351.213(d)(1). Two of
                                                                                                        Commerce is conducting an
                                              containers that have either a ‘‘ball lock’’             administrative review and new shipper                 these companies also requested a review
                                              valve system or a ‘‘pin lock’’ valve system             reviews of the antidumping duty order                 of their sales of subject merchandise. No
                                              (commonly known as ‘‘Cornelius,’’ ‘‘corny’’             on freshwater crawfish tail meat from                 other parties requested a review of the
                                              or ‘‘ball lock’’ kegs);                                 the People’s Republic of China (China).               remaining four companies. Accordingly,
                                                 (3) necks, spears, couplers or taps, collars,        The period of review (POR) for the                    Commerce is rescinding this review, in
                                              and valves that are not imported with the               administrative review and the aligned                 part, with respect to Deyan Aquatic
                                              subject merchandise; and                                new shipper reviews is September 1,                   Products and Food Co., Ltd., Hubei
                                                 (4) stainless steel kegs that are filled with        2016, through August 31, 2017. The                    Yuesheng Aquatic Products Co., Ltd.,
                                              beer, wine, or other liquid and that are                administrative review covers one                      Jingzhou Tianhe Aquatic Products Co.,
                                              designated by the Commissioner of Customs               mandatory respondent, Hubei Nature                    Ltd., and Shanghai Ocean Flavor
                                              as Instruments of International Traffic within          Agriculture Industry Co., Ltd. (Hubei
                                              the meaning of section 332(a) of the Tariff
                                                                                                      Nature). The new shipper reviews cover                  1 See Memorandum, ‘‘Freshwater Crawfish Tail
                                              Act of 1930, as amended.                                                                                      Meat from the People’s Republic of China: Decision
                                                                                                      Anhui Luan Hongyuan Foodstuffs Co.,
                                                 The merchandise covered by these                                                                           Memorandum for the Preliminary Results of the
                                                                                                      Ltd. (Anhui Luan) and Kunshan Xinrui
                                              investigations are currently classified in the                                                                Antidumping Duty Administrative Review and New
                                                                                                      Trading Co., Ltd. (Kunshan Xinrui).                   Shipper Reviews; 2016–2017,’’ dated concurrently
                                              Harmonized Tariff Schedule of the United
                                                                                                      Commerce preliminarily determines                     with, and hereby adopted by, this notice
                                              States (HTSUS) under subheadings
                                                                                                      that sales of subject merchandise by                  (Preliminary Decision Memorandum).
                                              7310.10.0010, 7310.00.0050, 7310.29.0025,                                                                       2 We initiated an administrative review on the
                                              and 7310.29.0050.
                                                                                                      Hubei Nature have not been made at
                                                                                                                                                            following companies: China Kingdom (Beijing)
                                                 These HTSUS subheadings are provided
                                                                                                      prices below normal value. Commerce                   Import & Export Co., Ltd., Deyan Aquatic Products
                                              for convenience and customs purposes; the
                                                                                                      also preliminarily determines that sales              and Food Co., Ltd., Hubei Nature Agriculture
                                              written description of the scope of these               of subject merchandise by Anhui Luan                  Industry Co., Ltd., Hubei Qianjiang Huashan
                                              investigations is dispositive.                          and Kunshan Xinrui have not been                      Aquatic Food and Product Co., Ltd., Hubei
                                                                                                      made at prices below normal value.                    Yuesheng Aquatic Products Co., Ltd., Jingzhou
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                                              [FR Doc. 2018–22482 Filed 10–15–18; 8:45 am]                                                                  Tianhe Aquatic Products Co., Ltd., Nanjing Gemsen
                                                                                                      Scope of the Order                                    International Co., Ltd., Shanghai Ocean Flavor
                                              BILLING CODE 3510–DS–P
                                                                                                                                                            International Trading Co., Ltd., Weishan Hongda
                                                                                                        The merchandise subject to the                      Aquatic Food Co., Ltd., Xiping Opeck Food Co.,
                                                                                                      antidumping duty order is freshwater                  Ltd., Xuzhou Jinjiang Foodstuffs Co., Ltd.,
                                                                                                                                                            Yancheng Hi-King Agriculture Developing Co., Ltd.
                                                                                                      crawfish tail meat, which is currently                See Initiation of Antidumping and Countervailing
                                                                                                      classified in the Harmonized Tariff                   Duty Administrative Reviews, 82 FR 52268
                                                                                                      Schedule of the United States (HTSUS)                 (November 13, 2017).



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Document Created: 2018-10-15 23:42:41
Document Modified: 2018-10-15 23:42:41
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.
ContactThomas Schauer at (202) 482-0410 and Aimee Phelan at (202) 482-0697 (the People's Republic of China (China)); Michael A. Romani (202) 482-0198 and Andre Gziryan (202) 482-2201 (the Federal Republic of Germany (Germany)); and, Allison Hollander (202) 482-2805 (Mexico); AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
FR Citation83 FR 52195 

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