99226 Federal Register / Vol. 89, No. 237 / Tuesday, December 10, 2024 / Notices 

1See Refillable Stainless Steel Kegs from the 

People’s Republic of China: Final Affirmative 

Determination of Sales at Less Than Fair Value and 

Final Affirmative Determination of Critical 

Circumstances, in Part, 84 FR 57010 (October 24, 

2019) (Final Determination). 

2See Refillable Stainless Steel Kegs from the 

Federal Republic of Germany and the People’s 

Republic of China: Antidumping Duty Orders, 84 

FR 68405 (December 16, 2019) (Order). 

3See New American Keg v. United States, Court 

No. 20–00008, Slip Op. 21–30 (CIT March 23, 

2021). 

4See Final Results of Redetermination Pursuant 

to Court Remand, New American Keg v. United 

States, Court No. 20–00008, Slip Op. 21–30 (CIT 

March 23, 2021), dated July 7, 2021 (First 

Redetermination). 

5 Id. 

6 Id. 

7See New American Keg v. United States, Court 

No. 20–00008, Slip Op. 22–106 (CIT September 13, 

2022). 

8See Final Results of Redetermination Pursuant 

to Court Remand, New American Keg v. United 

States, Court No. 20–00008, Slip Op. 22–106 (CIT 

September 13, 2022), dated November 10, 2022 

(Second Redetermination). 

9 Id. 

10 Id. 

11 Id. 

12See New American Keg v. United States, Court 

No. 20–00008, Slip Op. 24–11 (CIT January 31, 

2024). 

13See Final Results of Redetermination Pursuant 

to Court Remand, New American Keg v. United 

States, Court No. 20–00008, Slip Op. 24–11 (CIT 

January 31, 2024), dated March 25, 2024. 

14See New American Keg v. United States, Court 

No. 20–00008, Slip Op. 24–129 (CIT November 25, 

2024). 

15See Timken Co. v. United States, 893 F.2d 337 

(Fed. Cir. 1990) (Timken). 

16See Diamond Sawblades Manufacturers 

Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 

2010) (Diamond Sawblades). 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–093] 

Refillable Stainless Steel Kegs From 

the People’s Republic of China: Notice 

of Court Decision Not in Harmony With 

the Final Determination of 

Antidumping Investigation; Notice of 

Amended Final Determination; and 

Notice of Amended Antidumping Duty 

Order 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On November 25, 2024, the 

U.S. Court of International Trade (CIT) 

issued its final judgment in New 

American Keg v. United States, Court 

No. 20–00008, sustaining the U.S. 

Department of Commerce’s (Commerce) 

third remand redetermination 

pertaining to the less-than-fair-value 

(LTFV) investigation of refillable 

stainless steel kegs (kegs) from the 

People’s Republic of China (China) 

covering the period of investigation 

(POI) January 1, 2018, through June 30, 

2018. Commerce is notifying the public 

that the CIT’s final judgment is not in 

harmony with Commerce’s final 

determination in that investigation, and 

that Commerce is amending the final 

determination and the resulting 

antidumping duty (AD) order with 

respect to the dumping margin for 

certain respondents eligible for a 

separate rate, i.e., Ningbo Master 

International Trade Co., Ltd. (Ningbo 

Master), Guangzhou Jingye Machinery 

Co., Ltd. (Guangzhou Jingye), and 

Guangzhou Ulix Industrial & Trading 

Co., Ltd. (Guangzhou Ulix). The 

merchandise exported by these three 

exporters is included in the amended 

AD order. 

DATES: Applicable December 5, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Dmitry Vladimirov, AD/CVD 

Operations, Office I, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–0665. 

SUPPLEMENTARY INFORMATION: 

Background 

On October 24, 2019, Commerce 

published its Final Determination in the 

LTFV investigation of kegs from China.1

On December 16, 2019, Commerce 

subsequently published the AD order on 

kegs from China.2 New American Keg, 

d/b/a American Keg Company appealed 

Commerce’s Final Determination. 

On March 23, 2021, the CIT remanded 

the Final Determination to Commerce, 

ordering Commerce to reconsider or 

further explain: (1) its selection of the 

Malaysian surrogate labor data over the 

Brazilian surrogate labor data to value 

factors of production (FOPs) for labor; 

and (2) whether Guangzhou Ulix is 

eligible for a separate rate.3 In the First 

Redetermination, Commerce 

determined that ‘‘Malaysian data does 

not constitute the best available 

information for valuing Ningbo Master’s 

labor FOPs because it is linked to forced 

labor.’’ 4 Commerce further determined 

that ‘‘based on the information on the 

record, {it}selected the Mexican labor 

{surrogate value (SV)} from {Conference 

Board’s International Labor 

Comparisons (ILC)} as the best 

information available to value Ningbo 

Master’s labor FOPs’’ and ‘‘inflated the 

Mexican labor SV from ILC to the {POI 

using Brazilian inflator} and 

recalculated Ningbo Master’s margin.’’ 5

In the First Redetermination, Commerce 

also examined certain evidence 

requested by the CIT and determined 

that Guangzhou Ulix remained eligible 

for a separate rate.6

On September 13, 2022, the CIT 

remanded the First Redetermination and 

ordered Commerce to reconsider or 

further explain: (1) the use of the 

Mexican surrogate labor data inflated 

with Brazilian consumer price index 

(CPI) when the Brazilian surrogate labor 

data are available on the record; and (2) 

the evidence in the administrative 

record that supports granting 

Guangzhou Ulix a separate rate.7 In the 

Second Redetermination, after filing the 

First Redetermination and requesting a 

voluntary remand, Commerce 

acknowledge that it was improper to 

inflate the Mexican labor wage rate from 

the ILC using Brazilian CPI.8

Notwithstanding, Commerce continued 

to determine that the Mexican labor 

wage data are superior to the Brazilian 

labor wage data and, in order to achieve 

an accurate calculation, Commerce reopened the record and placed on the 

record data from the International 

Labour Organization (ILO).9

Consequently, in the Second 

Redetermination, Commerce used the 

Mexican wage rate from the ILO data for 

2018 (contemporaneous with the POI) 

and recalculated Ningbo Master’s 

margin accordingly.10 In the Second 

Redetermination, Commerce also 

determined that Guangzhou Ulix has 

met its burden for a separate rate 

status.11

On January 31, 2024, the CIT 

remanded the Second Redetermination, 

holding that Commerce abused its 

discretion in reopening the record to use 

Mexican ILO wage data, because 

Commerce made no showing that the 

Brazilian wage information on the 

record was inaccurate or otherwise 

unsuitable for the calculation of Ningbo 

Master’s margin.12 In its third final 

remand redetermination, Commerce 

used the Brazilian labor SV from 2016, 

inflated to the POI, and recalculated 

Ningbo Master’s margin.13 On 

November 25, 2024, the CIT sustained 

Commerce’s third final remand 

redetermination.14

Timken Notice 

In its decision in Timken,15 as 

clarified by Diamond Sawblades,16 the 

U.S. Court of Appeals for the Federal 

Circuit held that, pursuant to section 

516A(c) and (e) of the Tariff Act of 1930, 

as amended (the Act), Commerce must 

publish a notice of court decision that 

is not ‘‘in harmony’’ with a Commerce 

determination and must suspend 

liquidation of entries pending a 

‘‘conclusive’’ court decision. The CIT’s 

November 25, 2024, judgment 

constitutes a final decision of the CIT 


khammond on DSK9W7S144PROD with NOTICES
Federal Register / Vol. 89, No. 237 / Tuesday, December 10, 2024 / Notices 99227 

17See Refillable Stainless Steel Kegs from the 

People’s Republic of China: Final Affirmative 

Countervailing Duty Determination and Final 

Affirmative Determination of Critical 

Circumstances, in Part, 84 FR 57005 (October 24, 

2019), and accompanying Issues and Decision 

Memorandum at 5 for the export subsidy rate. 

18Section 733(b)(3) of the Act defines a de 

minimis dumping margin as ‘‘less than 2 percent ad 

valorem or the equivalent specific rate for the 

subject merchandise.’’ 

19See Refillable Stainless-Steel Kegs from Mexico 

and the People’s Republic of China: Final Results 

of Sunset Reviews and Revocation of Orders, 89 FR 

92095, 92096 (November 21, 2024) (Order 

Revocation). 

20See Refillable Stainless Steel Kegs from the 

People’s Republic of China: Final Results of the 

Antidumping Duty Administrative Review; 2021– 

2022, 89 FR 25564 (April 11, 2024) (Commerce 

denied separate rate eligibility for Guangzhou 

Jingye and Guangzhou Ulix and treated them as part 

of the China-wide entity.). 

21See Order Revocation, 89 FR 92095–96. 

that is not in harmony with Commerce’s 

Final Determination. Thus, this notice is 

published in fulfillment of the 

publication requirements of Timken. 

Amended Final Determination 

Because there is now a final court 

judgment, Commerce is amending its 

Final Determination with respect to the 

following exporter-producer 

combinations: 

Exporter Producer 

Weighted 

average 

dumping 

margin 

(percent ad 

valorem) 

Cash deposit 

rate (adjusted 

for subsidy 

offsets) 

(percent ad 

valorem) 

Ningbo Master International Trade Co., Ltd ................. Ningbo Major Draft Beer Equipment Co., Ltd .............. 4.23 17 3.96 

Guangzhou Jingye Machinery Co., Ltd ........................ Guangzhou Jingye Machinery Co., Ltd ........................ 4.23 3.96

Guangzhou Ulix Industrial & Trading Co., Ltd ............. Guangzhou Jingye Machinery Co., Ltd ........................ 4.23 3.96 

Amended Antidumping Duty Order 

Pursuant to section 735(a)(4) of the 

Act, Commerce ‘‘shall disregard any 

weighted average dumping margin that 

is de minimis as defined in section 

733(b)(3) of the Act’’ 18 and pursuant to 

section 735(c)(2) of the Act, Commerce 

shall ‘‘issue an antidumping duty order 

under section 736’’ of the Act when the 

final determination is affirmative. In the 

Final Determination, the exporterproducer combination identified above 

for respondent Ningbo Master received 

a zero percent margin. As a result of this 

amended final determination, in which 

Commerce calculated an estimated 

weighted-average dumping margin 

above de minimis for the exporterproducer combination identified above 

for Ningbo Master, Commerce is hereby 

including entries of subject merchandise 

that were produced by Ningbo Major 

Draft Beer Equipment Co., Ltd., and 

exported by Ningbo Master International 

Trade Co., Ltd., within the Order. 

However, Commerce recently revoked 

the Order effective December 16, 

2024.19

Cash Deposit Requirements 

Commerce will issue revised cash 

deposit instructions to U.S. Customs 

and Border Protection (CBP) for Ningbo 

Master. 

Because Guangzhou Jingye and 

Guangzhou Ulix have a superseding 

cash deposit rate, i.e., there have been 

final results published in a subsequent 

administrative review,20 Commerce will 

not issue revised cash deposit 

instructions for those companies. This 

notice will not affect the current cash 

deposit rate for these companies. 

However, as stated in the Order 

Revocation, in accordance with section 

751(c)(3)(A) of the Act and 19 CFR 

351.222(i)(2)(i), Commerce intends to 

instruct CBP to terminate the 

suspension of liquidation of the 

merchandise subject to the Order 

entered, or withdrawn from the 

warehouse, on or after December 16, 

2024.21

Notification to Interested Parties 

This notice is issued and published in 

accordance with sections 516A(c) and 

(e) and 777(i)(1) of the Act. 

Dated: December 4, 2024. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

[FR Doc. 2024–28946 Filed 12–9–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XE475] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to Marine Site 

Characterization Surveys Off Rhode 

Island and Massachusetts 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; proposed modification 

of an incidental harassment 

authorization; request for comments. 

SUMMARY: NMFS is proposing to modify 

an existing incidental harassment 

authorization (IHA) issued to Bay State 

Wind, LLC (Bay State Wind) on October 

3, 2024, authorizing take of marine 

mammals incidental to marine site 

characterization surveys conducted off 

the coasts of Rhode Island and 

Massachusetts in the Bureau of Ocean 

Energy Management (BOEM) 

Commercial Lease of Submerged Lands 

for Renewable Energy Development on 

the Outer Continental Shelf (OCS) Lease 

Area OCS–A 0500 and the associated 

export cable route (ECR) area. While 

conducting said marine site 

characterization surveys, Bay State 

Wind has encountered common 

dolphins (Delphinus delphis) at a rate 

greater than anticipated under the 

analysis for that IHA and, therefore, 

requests that NMFS modify the IHA to 

increase the number of authorized take 

by Level B harassment for that species 

only. No other changes to the IHA were 

requested or are proposed herein, and 

the expiration date remains unchanged. 

NMFS will consider public comments 

on the requested modification prior to 

making any final decision and agency 

responses will be summarized in the 

final notice of our decision. 

DATES: Comments and information must 

be received no later than December 26, 

2024. 

ADDRESSES: Comments should be 

addressed to Jolie Harrison, Chief, 

Permits and Conservation Division, 

Office of Protected Resources, National 

Marine Fisheries Service. Written 

comments should be submitted via 

email to ITP.hilt@noaa.gov. 

Instructions: NMFS is not responsible 

for comments sent by any other method, 

to any other address or individual, or 

received after the end of the comment 

period. Comments, including all 

attachments, must not exceed a 25- 

megabyte file size. All comments 


khammond on DSK9W7S144PROD with NOTICES