Kegs: New AD/CVD Investigations Deadlines & Scope
The Commerce Department issued Federal Register notices on its recently initiated antidumping duty investigations on stainless steel kegs from China, Germany and Mexico (A-570-093, A-428-846, A-201-849), and countervailing duty investigation on stainless steel kegs from China (C-570-094).
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The International Trade Commission will conduct a concurrent investigation to determine whether imports of dumped and illegally subsidized stainless steel kegs are injuring U.S. industry. If the ITC finds no injury in its preliminary injury determination, due Nov. 5, the investigations will immediately end. If Commerce finds dumping or illegal subsidization in the preliminary determinations of these investigations, currently due in December for CV duties and February for AD duties, it will set AD and/or CV duty cash deposit requirements for imports of merchandise subject to the investigation. If both Commerce and the ITC reach affirmative final determinations, Commerce will issue an AD and/or CV duty order making duties permanent and beginning a process of annual administrative reviews to set final assessments of AD/CV duties on importers and potentially change AD/CV duty cash deposit rates.
AD/CVD Respondent Selection
The merchandise covered by this investigation are kegs, vessels or containers that are approximately cylindrical in shape, made from stainless steel (i.e., steel containing at least 10.5 percent chromium by weight and less than 1.2 percent carbon by weight, with or without other elements), and that are compatible with a “D Sankey” extractor (commonly known as a “D Coupler” or “Sankey”) (refillable stainless steel kegs) with a nominal liquid volume capacity of 10 liters or more, regardless of the type of finish, gauge, thickness, or grade of stainless steel, and whether or not covered by or encased in other materials. Refillable stainless steel kegs may be imported assembled or unassembled, with or without all components (including spears, couplers or taps, necks, collars, and valves), and be filled or unfilled.
“Unassembled” or “unfinished” refillable stainless steel kegs include drawn stainless steel cylinders that have been welded to form the body of the keg and welded to an upper (top) chime and/or lower (bottom) chime. Unassembled refillable stainless steel kegs may or may not be welded to a neck, may or may not have a valve assembly attached, and may be otherwise complete except for testing, certification and/or marking.
Subject merchandise also includes refillable stainless steel kegs that have been further processed in a third country, including but not limited to, attachment of necks, collars, spears or valves, heat treatment, pickling, passivation, painting, testing, certification or any other processing that would not otherwise remove the merchandise from the scope of the investigation if performed in the country of manufacture of the in-scope refillable stainless steel keg.
Specifically excluded are the following:
(1) Vessels or containers that are not approximately cylindrical in nature (e.g.,box, “hopper” or “cone” shaped vessels);
(2) stainless steel kegs, vessels, or containers that have either a “ball lock” valve system or a “pin lock” valve system (commonly known as “Cornelius,” “corny” or “ball lock” kegs);
(3) necks, spears, couplers or taps, collars, and valves that are not imported with the subject merchandise;
(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 is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 7310.10.0010, 7310.00.0050, 7310.29.0025 and 7310.29.0050.
These HTSUS subheadings are provided for convenience and customs purposes; the written description of the scope of this investigation is dispositive.
Comments on the scope of these investigations are due Oct. 30.
Investigations Timetable
| Event | CV Duty | AD Duty |
|---|---|---|
| Petitions filed | 09/20/18 | 09/20/18 |
| DOC initiation date | 10/10/18 | 10/10/18 |
| ITC prelim determinations* | 11/05/18 | 11/05/18 |
| DOC prelim determinations† | 12/14/18 | 02/27/19 |
| DOC final determinations† | 02/27/19 | 05/13/19 |
| ITC final determinations‡ | 04/15/19 | 06/27/19 |
| Issuance of orders+ | 04/22/19 | 07/05/19 |
*If the ITC makes a negative determination of injury, the investigations are terminated.
†These deadlines may be extended under the governing statute.
‡This will take place only in the event of Commerce Department final affirmative determinations.
+This will take place only in the event of Commerce and ITC final affirmative determinations.
(See 1809240032 for a summary of the Commerce Department's receipt of the petition underlying the initiation of this investigation.)
The Commerce Department fact sheet on the initiation of these investigations is (here).
(Federal Register 10/16/18)