Notice2021-21853
Certain Steel Racks and Parts Thereof From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2019-2020
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 6, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily determines that the exporters under review sold certain steel racks and parts thereof (steel racks) from the People's Republic of China (China) in the United States at prices below normal value (NV) during the period of review (POR) March 4, 2019, through August 31, 2020. We invite interested parties to comment on these preliminary results of review.
Full Text
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<title>Federal Register, Volume 86 Issue 191 (Wednesday, October 6, 2021)</title>
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[Federal Register Volume 86, Number 191 (Wednesday, October 6, 2021)]
[Notices]
[Pages 55575-55578]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21853]
[[Page 55575]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-088]
Certain Steel Racks and Parts Thereof From the People's Republic
of China: Preliminary Results of the Antidumping Duty Administrative
Review and Preliminary Determination of No Shipments; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that the exporters under review sold certain steel racks and parts
thereof (steel racks) from the People's Republic of China (China) in
the United States at prices below normal value (NV) during the period
of review (POR) March 4, 2019, through August 31, 2020. We invite
interested parties to comment on these preliminary results of review.
DATES: Applicable October 6, 2021.
FOR FURTHER INFORMATION CONTACT: Jonathan Hill or Elizabeth Bremer, AD/
CVD Operations, Office IV, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-3518 and (202)
482-4987, respectively.
SUPPLEMENTARY INFORMATION:
Background
This administrative review is being conducted in accordance with
section 751(a) of the Tariff Act of 1930, as amended (the Act). On
September 1, 2020, Commerce published in the Federal Register a notice
of opportunity to request an administrative review of the antidumping
duty (AD) order on steel racks from China.\1\ After receiving review
requests, Commerce initiated this review.\2\ On May 14, 2021, Commerce
extended the deadline for the preliminary results of this review by a
total of 120 days, to September 30, 2021.\3\ For additional background
information, see the Preliminary Decision Memorandum.\4\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 85 FR 54349 (September 1, 2020).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 68840 (October 30, 2020).
\3\ See Memorandum, ``Certain Steel Racks and Parts Thereof from
the People's Republic of China: Extension of Deadline for
Preliminary Results of Antidumping Duty Administrative Review,''
dated May 14, 2021.
\4\ See ``Decision Memorandum for the Preliminary Results in the
First Antidumping Duty Administrative Review of Certain Steel Racks
and Parts Thereof from the People's Republic of China,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order <SUP>5</SUP>
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\5\ See Certain Steel Racks and Parts Thereof from the People's
Republic of China: Amended Final Affirmative Antidumping Duty
Determination and Antidumping Duty Order; and Countervailing Duty
Order 84 FR 48584 (September 16, 2019) (Order).
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The merchandise covered by the Order is steel racks and parts
thereof, assembled, to any extent, or unassembled, including but not
limited to, vertical components (e.g., uprights, posts, or columns),
horizontal or diagonal components (e.g., arms or beams), braces,
frames, locking devices (e.g., end plates and beam connectors), and
accessories (including, but not limited to, rails, skid channels, skid
rails, drum/coil beds, fork clearance bars, pallet supports, row
spacers, and wall ties).
Merchandise covered by the Order is classified in the Harmonized
Tariff Schedule of the United States (HTSUS) under the following
subheadings 7326.90.8688, 9403.20.0081, and 9403.90.8041. Subject
merchandise may also enter under subheadings 7308.90.3000,
7308.90.6000, 7308.90.9590, and 9403.20.0090. The HTSUS subheadings are
provided for convenience and U.S. customs purposes only. The written
description of the scope is dispositive.
A full description of the scope of the Order is contained in the
Preliminary Decision Memorandum.
Preliminary Determination of No Shipments
On November 20 and 30, 2020, Hebei Minmetals Co., Ltd. (Hebei
Minmetals) and Guangdong Wireking Housewares and Hardware Co., Ltd.,
(Guangdong Wireking) timely filed certifications that they did not
export or sell subject merchandise to the United States during the POR
and that there were no entries of their subject merchandise into the
United States during the POR. Based on an analysis of information from
U.S. Customs and Border Protection (CBP), and Hebei Minmetals and
Guangdong Wireking's no shipment certifications, we have preliminarily
determined that Hebei Minmetals and Guangdong Wireking did not export
or sell subject merchandise to, nor was their subject merchandise
entered into, the United States during the POR.\6\
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\6\ See Memorandum, ``Certain Steel Racks from The People's
Republic of China (A-570-088), No Shipment Inquiry for Hebei
Minmetals Co., Ltd. during the period 03/04/2019 through 08/31/2020,
dated August 9, 2021; see also Memorandum, ``Certain Steel Racks
from The People's Republic of China (A-570-088), No Shipment Inquiry
for Guangdong Wireking Housewares and Hardware Co., Ltd. during the
period 03/04/2019 through 08/31/2020,'' dated August 9, 2021.
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Consistent with Commerce's practice, we are not rescinding this
administrative review of Hebei Minmetals and Guangdong Wireking, but
intend to complete the review with respect to these companies and issue
appropriate instructions to CBP based on the final results of the
review.\7\
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\7\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011); and the
``Assessment Rates'' section, below.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. We calculated export prices for the mandatory
respondents Nanjing Dongsheng Shelf Manufacturing Co., Ltd. (Dongsheng)
and Nanjing Kingmore Logistics Equipment Manufacturing Co., Ltd
(Nanjing Kingmore) in accordance with section 772 of the Act. Because
China is a non-market economy (NME) country within the meaning of
section 771(18) of the Act, we calculated NV in accordance with section
773(c) of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum, which is hereby
adopted by this notice. The Preliminary Decision Memorandum is a public
document and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly at <a href="http://enforcement.trade.gov/frn/">http://enforcement.trade.gov/frn/</a>. A list of sections in the Preliminary
Decision Memorandum is in Appendix I to this notice.
[[Page 55576]]
Separate Rates
In all proceedings involving an NME country, Commerce maintains a
rebuttable presumption that all companies are subject to government
control and, thus, should be assessed a single weighted-average dumping
margin unless the company can affirmatively demonstrate an absence of
government control, both in law (de jure) and in fact (de facto), with
respect to its exports so that it is entitled to separate rate
status.\8\ Commerce has preliminary determined that information placed
on the record by Dongsheng, Nanjing Kingmore, Jiangsu Nova Intelligent
Logistics Equipment Co., Ltd., Nanjing Ironstone Storage Equipment Co.,
Ltd., Suzhou (China) Sunshine Hardware & Equipment Imp. & Exp. Co.,
Ltd., and Xiamen Luckyroc Industry Co., Ltd., demonstrates that these
companies are eligible for separate rate status.
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\8\ See Notice of Final Determination of Sales at Less Than Fair
Value, and Affirmative Critical Circumstances, In Part: Certain
Lined Paper Products from the People's Republic of China, 71 FR
53079, 53082 (September 8, 2006); see also Final Determination of
Sales at Less Than Fair Value and Final Partial Affirmative
Determination of Critical Circumstances: Diamond Sawblades and Parts
Thereof from the People's Republic of China, 71 FR 29303, 29307 (May
22, 2006).
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However, Commerce has preliminarily determined that each of the
companies whose name is listed in Appendix II to this notice has not
demonstrated its eligibility for a separate rate because it did not
file a separate rate application or separate rate certification with
Commerce. Therefore, we have preliminarily treated the companies listed
in Appendix II as part of the China-wide entity.
Because no party requested a review of the China-wide entity, the
entity is not under review. Accordingly, the weighted-average dumping
margin determined for the China-wide entity (i.e., 144.50 percent) is
not subject to change in this review. For additional information, see
the Preliminary Decision Memorandum.
Dumping Margin for Non-Individually Examined Companies Granted a
Separate Rate
The statute and Commerce's regulations do not address what
weighted-average dumping margin to apply to companies not selected for
individual examination when Commerce limits its examination in an
administrative review pursuant to section 777A(c)(2) of the Act.
Generally, Commerce looks to section 735(c)(5) of the Act for guidance
regarding establishing a weighted-average dumping margin for
respondents which were not individually examined in an administrative
review.
Section 735(c)(5)(A) of the Act provides that Commerce will base
the all-others rate in an investigation on the weighted average of the
weighted-average dumping margins calculated for the individually
examined respondents, excluding rates that are zero, de minimis, or
based entirely on facts available. Where the weighted-average dumping
margins for the individually examined companies are all zero, de
minimis, or based entirely on facts available, section 735(c)(5)(B) of
the Act provides that Commerce may use ``any reasonable method'' to
establish the estimated all-others rate.
The preliminary weighted-average dumping margin that we calculated
for each of the mandatory respondents Dongsheng and Nanjing Kingmore is
not zero, de minimis, or based entirely on facts available. Therefore,
we assigned a weighted-average dumping margin to the non-individually
examined companies to which we granted separate rate status equal to
the simple average of the weighted-average dumping margins that we
calculated for Dongsheng and Nanjing Kingmore, consistent with the
guidance in section 735(c)(5)(B) of the Act.\9\ For additional
information, see the Preliminary Decision Memorandum.
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\9\ See Memorandum, ``First Administrative Review of the
Antidumping Duty Order on Certain Steel Racks and Parts Thereof from
China: Preliminary Calculation of the Rate for Separate Rate
Respondents,'' dated September 30, 2021.
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Preliminary Results of Review
We are assigning the following weighted-average dumping margins to
the companies listed below for the period March 4, 2019, through August
31, 2020:
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Weighted-average
Exporters dumping margin
(percent)
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Nanjing Dongsheng Shelf Manufacturing Co., Ltd...... 9.02
Nanjing Kingmore Logistics Equipment Manufacturing 98.70
Co., Ltd...........................................
Review-Specific Rate Applicable to the Following
Companies:
Jiangsu Nova Intelligent Logistics Equipment 49.85
Co., Ltd.......................................
Nanjing Ironstone Storage Equipment Co., Ltd.... 49.85
Suzhou (China) Sunshine Hardware & Equipment 49.85
Imp. & Exp. Co., Ltd...........................
Xiamen Luckyroc Industry Co., Ltd............... 49.85
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Disclosure
Commerce intends to disclose to parties to the proceeding the
calculations performed for these preliminary results of review within
five days of the date of publication of this notice in the Federal
Register in accordance with 19 CFR 351.224(b).
Public Comment
Interested parties may submit case briefs to Commerce no later than
30 days after the date of publication of these preliminary results of
review in the Federal Register.\10\ Rebuttal briefs may be filed with
Commerce no later than seven days after case briefs are due and may
respond only to arguments raised in the case briefs.\11\ A table of
contents, list of authorities used, and an executive summary of issues
should accompany any briefs submitted to Commerce. The summary should
be limited to five pages total, including footnotes.\12\
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\10\ See 19 CFR 351.309(c)(ii).
\11\ See 19 CFR 351.309(d).
\12\ See 19 CFR 351.309(c)(2), (d)(2).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice in the Federal Register.
Requests for a hearing should contain: (1) The requesting party's name,
address, and telephone number; (2) the number of individuals associated
with the requesting party that will attend the hearing and whether any
of those individuals is a foreign national; and (3) a list of the
issues the
[[Page 55577]]
party intends to discuss at the hearing. Oral arguments at the hearing
will be limited to issues raised in the case and rebuttal briefs. If a
request for a hearing is made, Commerce will announce the date and time
of the hearing. Parties should confirm by telephone the date and time
of the hearing two days before the scheduled hearing date.
All submissions, with limited exceptions, must be filed
electronically using ACCESS. An electronically filed document must be
received successfully in its entirety by Commerce's electronic records
system, ACCESS, by 5 p.m. Eastern Time (ET) on the due date. \13\ Note
that Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information until
further notice.\14\
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\13\ See 19 CFR 351.303 (for general filing requirements);
Antidumping and Countervailing Duty Proceedings: Electronic Filing
Procedures; Administrative Protective Order Procedures, 76 FR 39263
(July 6, 2011).
\14\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 29615 (May 18,
2020); and Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020).
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Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of its analysis of issues raised in any briefs, within 120 days of
publication of these preliminary results of review in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results of review, Commerce will
determine, and CBP shall assess, antidumping duties on all appropriate
entries of subject merchandise covered by this review.\15\ Commerce
intends to issue assessment instructions to CBP no earlier than 35 days
after the date of publication of the final results of this review in
the Federal Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
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\15\ See 19 CFR 351.212(b)(1).
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For the individually examined respondents whose rate is not zero or
de minimis, we will calculate importer-specific assessment rates in
accordance with 19 CFR 351.212(b)(1).\16\ Where the respondent reported
reliable entered values, we intend to calculate importer-specific ad
valorem assessment rates by dividing the total amount of dumping
calculated for all reviewed U.S. sales to the importer by the total
entered value of the merchandise sold to the importer/customer.\17\
Where the respondent did not report entered values, we will calculate
importer-specific assessment rates by dividing the total amount of
dumping calculated for all reviewed U.S. sales to the importer by the
total quantity of those sales. We also will calculate an estimated ad
valorem importer-specific assessment rate to determine whether the per-
unit assessment rate is de minimis; however, we will use the per-unit
assessment rate where entered values were not reported.\18\
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\16\ We applied the assessment rate calculation method adopted
in Antidumping Proceedings: Calculation of the Weighted-Average
Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
\17\ See 19 CFR 351.212(b)(1).
\18\ Id.
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Where an importer-specific ad valorem assessment rate is not zero
or de minimis, we will instruct CBP to collect the appropriate duties
at the time of liquidation. Where either the respondent's ad valorem
weighted-average dumping margin is zero or de minimis, or an importer-
specific ad valorem assessment rate is zero or de minimis,\19\ we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.
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\19\ See 19 CFR 351.106(c)(2).
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For companies not individually examined in this administrative
review that qualified for a separate rate and whose rate is not zero or
de minimis, the assessment rate will be equal to the weighted-average
dumping margin determined for the non-examined companies in the final
results of this review.\20\ If the weighted-average dumping margin for
the non-examined companies is zero or de minimis, then the entries
associated with these companies will be liquidated without regards to
antidumping duties.
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\20\ See Drawn Stainless Steel Sinks from the People's Republic
of China: Preliminary Results of the Antidumping Duty Administrative
Review and Preliminary Determination of No Shipments: 2014-2015, 81
FR 29528 (May 12, 2016), and accompanying Preliminary Decision
Memorandum at 10-11, unchanged in Drawn Stainless Steel Sinks from
the People's Republic of China: Final Results of Antidumping Duty
Administrative Review; Final Determination of No Shipments; 2014-
2015, 81 FR 54042 (August 15, 2016).
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For companies that are found to not be eligible for a separate rate
and therefore are considered as part of the China-wide entity, the
assessment rate will be equal to the weighted-average dumping margin
determined for the China-wide entity,\21\ i.e., 144.50 percent.
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\21\ See Order.
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Pursuant to Commerce's refinement to its practice,\22\ for sales of
merchandise that were not reported in the U.S. sales data submitted by
a respondent individually examined during this review, but the
merchandise was entered into the United States during the POR, we will
instruct CBP to liquidate any entries of such merchandise at the
assessment rate for the China-wide entity. Additionally, where Commerce
determines that an exporter under review had no shipments of subject
merchandise to the United States during the POR, any suspended entries
of subject merchandise that entered under that exporter's CBP case
number during the POR will be liquidated at the assessment rate for the
China-wide entity.
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\22\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full
discussion of this practice.
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In accordance with section 751(a)(2)(C) of the Act, the final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the review and
for future cash deposits of estimated antidumping duties, where
applicable.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review in the Federal Register
for all shipments of steel racks from China entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
notice of the final results of this administrative review in the
Federal Register, as provided for by section 751(a)(2)(C) of the Act:
(1) For a company granted a separate rate in the final results of this
review, the cash deposit rate will be equal to the weighted-average
dumping margin established in the final results of this review for the
company (except, if the rate is zero or de minimis, then a cash deposit
rate of zero will be required); (2) for previously investigated or
reviewed exporter of subject merchandise not listed in the table in the
``Preliminary Result of Review'' section of this notice that continues
to be eligible for a separate rate, the cash deposit rate will continue
to be the exporter's existing cash deposit rate; (3) for a Chinese
exporter of subject merchandise that does not have separate rate, the
cash deposit rate will be the China-wide entity rate, which is 144.50
percent; and
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(4) for a non-Chinese exporter of subject merchandise that does not
have a separate rate, the cash deposit rate will be the rate applicable
to China exporter(s) that supplied that non-China exporter.
These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during the POR. Failure to
comply with this requirement could result in the Commerce's presumption
that reimbursement of antidumping and/or countervailing duties occurred
and the subsequent assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results of review
in accordance with sections 751(a)(l) and 777(i)(l) of the Act and 19
CFR 351.213 and 351.221(b)(4).
Dated: September 30, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix I
List of Sections in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Extension of the Preliminary Results
V. Scope of the Order
VI. Preliminary Determination of No Shipments
VII. Selection of Respondents
VIII. Discussion of Methodology
IX. Currency Conversion
X. Recommendation
Appendix II
Companies Preliminary Determined to not be Eligible for a Separate Rate
1. Ateel Display Industries (Xiamen) Co., Ltd
2. Changzhou Tianyue Storage Equipment Co., Ltd
3. CTC Universal (Zhangzhou) Industrial Co., Ltd
4. David Metal Craft Manufactory Ltd
5. Fujian Ever Glory Fixtures Co., Ltd
6. Fujian First Industry and Trade Co., Ltd
7. Huanghua Hualing Garden Products Co., Ltd
8. Huanghua Hualing Hardware Products Co., Ltd
9. Huanghua Xingyu Hardware Products Co., Ltd
10. Huanghua Xinxing Furniture Co., Ltd
11. Huangua Haixin Hardware Products Co., Ltd
12. Huangua Qingxin Hardware Products Co., Ltd
13. i-Lift Equipment Ltd
14. Jiangsu Baigeng Logistics Equipments Co., Ltd
15. Jiangsu Kingmore Storage Equipment Manufacturing Co., Ltd
16. Johnson (Suzhou) Metal Products Co., Ltd
17. Master Trust (Xiamen) Import and Export Co., Ltd
18. Ningbo Beilun Songyi Warehouse Equipment Manufacturing Co., Ltd
19. Ningbo Xinguang Rack Co., Ltd
20. Qingdao Rockstone Logistics Appliance Co., Ltd
21. Redman Corporation
22. Redman Import & Export Limited
23. Tianjin Master Logistics Equipment Co., Ltd
24. Waken Display System Co., Ltd
25. Xiamen Baihuide Manufacturing Co., Ltd
26. Xiamen Ever Glory Fixtures Co., Ltd
27. Xiamen Golden Trust Industry & Trade Co., Ltd
28. Xiamen Huiyi Beauty Furniture Co., Ltd
29. Xiamen Kingfull Imp and Exp Co., Ltd. (d.b.a) Xiamen Kingfull
Displays Co., Ltd
30. Xiamen LianHong Industry and Trade Co., Ltd
31. Xiamen Luckyroc Storage Equipment Manufacture Co., Ltd
32. Xiamen Meitoushan Metal Products Co., Ltd
33. Xiamen Power Metal Display Co., Ltd
34. Xiamen XinHuiYuan Industrial & Trade Co., Ltd
35. Xiamen Yiree Display Fixtures Co., Ltd
36. Yuanda Storage Equipment Ltd
37. Zhangjiagang Better Display Co., Ltd
38. Zhangzhou Hongcheng Hardware & Plastic Industry Co., Ltd
[FR Doc. 2021-21853 Filed 10-5-21; 8:45 am]
BILLING CODE 3510-DS-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.