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Full text as published by U.S. Customs and Border Protection
1.
On 06/04/2019, Commerce published in the Federal Register (84 FR 25738) its affirmative preliminary determination of sales at less than fair value and critical circumstances in the antidumping duty investigation of refillable stainless steel kegs from Mexico.
2.
The merchandise covered by this investigation are kegs, vessels, or containers with bodies that are approximately cylindrical in shape, made from stainless steel (i.e., steel containing at least 10.5 percent chromium by weight and less than 1.2 percent carbon by weight, with or without other elements), and that are compatible with a “D Sankey” extractor (refillable stainless steel kegs) with a nominal liquid volume capacity of 10 liters or more, regardless of the type of finish, gauge, thickness, or grade of stainless steel, and whether or not covered by or encased in other materials. Refillable stainless steel kegs may be imported assembled or unassembled, with or without all components (including spears, couplers or taps, necks, collars, and valves), and be filled or unfilled.
“Unassembled” or “unfinished” refillable stainless steel kegs include drawn stainless steel cylinders that have been welded to form the body of the keg and attached to an upper (top) chime and/or lower (bottom) chime. Unassembled refillable stainless steel kegs may or may not be welded to a neck, may or may not have a valve assembly attached, and may be otherwise complete except for testing, certification, and/or marking.
Subject merchandise also includes refillable stainless steel kegs that have been further processed in a third country, including but not limited to, attachment of necks, collars, spears or valves, heat treatment, pickling, passivation, painting, testing, certification or any other processing that would not otherwise remove the merchandise from the scope of the investigation if performed in the country of manufacture of the in-scope refillable stainless steel keg.
Specifically excluded are the following:
(1) vessels or containers that are not approximately cylindrical in nature (e.g., box, “hopper” or “cone” shaped vessels);
(2) stainless steel kegs, vessels, or containers that have either a “ball lock” valve system or a “pin lock” valve system (commonly known as “Cornelius,” “corny” or “ball lock” kegs);
(3) necks, spears, couplers or taps, collars, and valves that are not imported with the subject merchandise; and
(4) stainless steel kegs that are filled with beer, wine, or other liquid and that are designated by the Commissioner of Customs as Instruments of International Traffic within the meaning of section 332(a) of the Tariff Act of 1930, as amended.
The merchandise covered by this investigation are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 7310.10.0010, 7310.10.0050, 7310.29.0025, and 7310.29.0050.
These HTSUS subheadings are provided for convenience and customs purposes; the written description of the scope of this investigation is dispositive.
3.
This proceeding has been assigned case number A-201-849.
4.
Because Commerce preliminarily found that critical circumstances exist for imports of refillable stainless steel kegs from Mexico from the producers and/or exporters listed below, CBP shall suspend liquidation of all appropriate entries of refillable stainless steel kegs from Mexico that are entered, or withdrawn from warehouse, for consumption on or after 03/06/2019 which is 90 days before the date of publication of the preliminary determination in the Federal Register.
Effective 03/06/2019, for entries of refillable stainless steel kegs from Mexico from the producers and/or exporters listed below, CBP shall require a cash deposit equal to the following dumping margins:
All Others
Case Number: A-201-849-000
Cash Deposit Rate: 18.48%
Producer and/or Exporter: THIELMANN Mexico S.A. de C.V.
Case number: A-201-849-001
Cash deposit rate: 18.48%
Producer and/or Exporter: Portinox Mexico S.A. de C.V.
Case number: A-201-849-002
Cash deposit rate: 18.48%
Producer and/or Exporter: Geodis Wilson Mexico S.A. de C.V.
Case number: A-201-849-003
Cash deposit rate: 18.48%
5.
If any entries of this merchandise are exported by a firm other than the producer, then the following instructions apply:
A.
If the exporter of the subject merchandise does not have its own rate but the producer has its own rate, the cash deposit or bonding rate will be the producer's rate.
B.
Where neither the exporter nor the producer has its own rate or the producer is unknown, use the all-others rate of 18.48 percent to establish the cash deposit.
6.
If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce at (202) 482-0984.
CBP ports should submit their inquiries through authorized CBP channels only.
(This message was generated by O1:AH.)
7.
There are no restrictions on the release of this information.
Alexander Amdur