SUPPLEMENTARY INFORMATION:

Background

On December 16, 2019, Commerce published in the Federal Register the antidumping duty order on kegs from China.^[1] On December 1, 2023, Commerce published in the Federal Register a notice of opportunity to request an administrative review of the Order.^[2] On January 2, 2024, Commerce received a timely request from Chinese exporters of subject merchandise, Guangzhou Jingye Machinery Co., Ltd. (Jingye) and Guangzhou Ulix Industrial & Trading Co., Ltd. (Ulix), in accordance with 19 CFR 351.213(b)(1), to conduct an administrative review of the Order of those two companies.^[3]

On February 8, 2024, Commerce published in the Federal Register a notice of initiation of administrative review with respect to imports of kegs exported by Jingye and Ulix, in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.221(c)(1)(i).^[4] On February 21, 2024, we placed on the record U.S. Customs and Border Protection (CBP) data for entries of kegs from China during the POR, showing no reviewable POR entries and invited interested parties to comment.^[5] No interested party submitted comments to Commerce regarding the CBP data.

On March 11, 2024, Ulix submitted a separate rate certification that it exported or sold subject merchandise to the United States during the POR.^[6] On July 16, 2024, Commerce issued a supplemental questionnaire to Ulix, and Ulix responded on July 26, 2024, certifying that it did not have a reviewable sale or entry during the POR and that their separate rate certification had been made in error.^[7]

On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days.^[8] The deadline for the preliminary results is now September 9, 2024.

On July 29, 2024, Commerce notified all interested parties of its intent to rescind the instant review in full because there were no reviewable, suspended entries of subject merchandise by either of the two companies listed in the Initiation Notice during the POR and invited comments from interested parties.^[9] No interested party submitted comments to Commerce in response to this notice.

Rescission of Review

Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to rescind an ( printed page 67933) administrative review of an antidumping duty order when there are no reviewable entries of subject merchandise during the POR for which liquidation is suspended.^[10] Normally, upon completion of an administrative review, the suspended entries are liquidated at the antidumping duty assessment rate calculated for the review period.^[11] Therefore, for an administrative review to be conducted, there must be a reviewable, suspended entry that Commerce can instruct CBP to liquidate at the antidumping duty assessment rate calculated for the review period.^[12] As noted above, there were no entries of subject merchandise for either of the two companies listed in the Initiation Notice during the POR. Accordingly, in the absence of suspended entries of subject merchandise during the POR, we are hereby rescinding this administrative review, in its entirety, in accordance with 19 CFR 351.213(d)(3).

Assessment

Commerce will instruct CBP to assess antidumping duties on all appropriate entries. Antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of this rescission notice in the Federal Register .

Administrative Protective Order

This notice serves as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation subject to sanction.

Notification to Interested Parties

This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4).

89 FR 67932