On October 11, 2018, the Department of Commerce (Commerce) announced that it is initiating antidumping duty investigations on Refillable Stainless Steel Kegs from Germany, Mexico, and the People’s Republic of China and concurrently initiating a countervailing duty investigation on imports from China.

NEXT STEPS:

The U.S. International Trade Commission will make its preliminary injury findings on or before November 5, 2018, and if affirmative, the Department of Commerce will continue the investigation and announce its preliminary CVD determination in December 2018 and its preliminary AD determination in February 2019. Both the preliminary CVD and preliminary AD determinations may be extended under the law by Commerce.

Commerce has issued Quantity and Value Questionnaires for Germany, Mexico, and China (both AD and CVD) which must be responded to and submitted to the Department of Commerce by October 24, 2018. Failure to provide adequate responses to these questionnaires can and may lead to Commerce determining a lack of cooperation and potentially instituting duties at significantly high levels.

INITIATION DUMPING MARGINS

China: 204.48%

Mexico: 18.48%

Germany: 72.80%

SCOPE OF THE INVESTIGATION

The merchandise covered by this investigation are cylindrical kegs, vessels, or containers capable of being pressurized 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) (“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, regardless of finish, 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 filled or unfilled. Assembled refillable stainless steel kegs must be capable of being pressurized to 60 pounds per square inch (“PSI”) and must be tested to 90 PSI.

“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 cylindrical in nature;
  2. stainless steel kegs, vessels, or Containers that have either a “ball lock” valve system or a “pin lock” valve system (commonly known as a “Cornelius,” “corny” or “ball lock” kegs);
  3. any fully assembled or finished stainless steel keg, vessel, or container that is incompatible with a “D Sankey” extractor (commonly known as a “D Coupler” or “Sankey”); and
  4. necks, spears, couplers or taps, collars, and valves that are not imported with the subject merchandise.
  5. 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 subheading 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.

PETITIONERS

American Keg Company, LLC
31 Robinson Street
Pottstown, PA 19464

COUNSEL FOR PETITIONERS

Andrew W. Kentz
Picard Kentz & Rowe LLP
1750 K Street, N.W.
Suite 800
Washington, D.C. 20006

CONTACT US

For more information concerning this petition and how it may affect your business, please contact Jeffrey Neeley, Nithya Nagarajan, Beau Jackson, or Stephen Brophy.

 

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Photo of Jeffrey Neeley Jeffrey Neeley

Jeffrey has more than 25 years of experience representing private parties in international trade remedies disputes in the U.S. and in foreign jurisdictions. He guides clients in matters including antidumping investigations, countervailing duties, subsidies, intellectual property disputes as well as related customs, export control, and other import/export issues.

Photo of Nithya Nagarajan Nithya Nagarajan

Nithya’s extensive background in U.S. trade issues spans 25 years and includes various roles in a number of federal government agencies, including the Department of Commerce Department of Justice, and the U.S. Court of International Trade. She assists clients with administrative and regulatory actions before the Department of Commerce, International Trade Commission and U.S. Customs and Border Protection (CBP) and defends clients in appeals before the Court of International Trade, Court of Appeals for the Federal Circuit, NAFTA panels and the World Trade Organization. In addition to her body of U.S. experience, Nithya is also well-versed in international trade issues in China and India.

Photo of Beau Jackson Beau Jackson

Beau brings deep experience in international trade litigation, regulation and compliance to Husch Blackwell. His practice focuses on trade and intellectual property disputes, with significant experience handling Section 337 and antidumping and countervailing duty matters before the U.S. International Trade Commission, U.S. Department of Commerce (DOC), U.S. Court of International Trade (CIT) and U.S. Court of Appeals for the Federal Circuit.

Photo of Stephen Brophy Stephen Brophy

Stephen brings more than 20 years of international trade experience to Husch Blackwell. His practice focuses on trade relief and regulation, representing clients in antidumping, countervailing duty and safeguard proceedings. He has assisted clients with these and other related matters before the U.S. Department of Commerce and U.S. International Trade Commission. Stephen is also experienced with customs issues, including tariff classification, valuation and country of origin marking matters.