Notice2022-07501
Certain Steel Racks and Parts Thereof From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final 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
April 8, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) has determined that certain 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. Additionally, we determined that Hebei Minmetals Co., Ltd. (Hebei Minmetals) and Guangdong Wireking Housewares and Hardware Co., Ltd., (Guangdong Wireking) made no shipments of subject merchandise to the United States during the POR.
Full Text
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<title>Federal Register, Volume 87 Issue 68 (Friday, April 8, 2022)</title>
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[Federal Register Volume 87, Number 68 (Friday, April 8, 2022)]
[Notices]
[Pages 20817-20820]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-07501]
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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: Final Results of Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) has determined that
certain 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. Additionally,
we determined that Hebei Minmetals Co., Ltd. (Hebei Minmetals) and
Guangdong Wireking Housewares and Hardware Co., Ltd., (Guangdong
Wireking) made no shipments of subject merchandise to the United States
during the POR.
DATES: Applicable April 8, 2022.
FOR FURTHER INFORMATION CONTACT: Elizabeth Bremer or Jonathan Hill, 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) 482-4987 and (202)
482-3518, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 6, 2021, Commerce published the Preliminary Results for
this review in the Federal Register and invited interested parties to
comment on those results.\1\ In November 2021, Commerce received
comments and rebuttal comments from interested parties regarding the
Preliminary Results.\2\ On January 12, 2022, Commerce held a public
hearing regarding issues in this administrative review.\3\ On January
28, 2022, and again on March 1, 2022, Commerce extended the deadline
for issuing the final results of this review.\4\ The current deadline
for issuing the final results of this review is April 1, 2022. For
further details regarding the events that occurred subsequent to
issuing the Preliminary Results, see the Issues and Decision
Memorandum.\5\ Commerce conducted this administrative review in
accordance with section 751 of the Tariff Act of 1930, as amended (the
Act).
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\1\ See 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, 86 FR 55575 (October 6, 2021) (Preliminary Results), and
accompanying Preliminary Decision Memorandum (PDM).
\2\ See Petitioner's Letter, ``Case Brief,'' dated November 5,
2021; see also Dongsheng's Letter, ``Steel Racks from the People's
Republic of China--Case Brief,'' dated November 5, 2021; Nanjing
Kingmore's Letter, ``Certain Steel Racks and Parts Thereof from the
People's Republic of China, Case No. A-570-088: Case Brief,'' dated
November 5, 2021; Jiangsu Nova's Letter, ``Steel Racks and Parts
Thereof from the People's Republic of China: Letter in Lieu of
Brief,'' dated November 5, 2021; Petitioner's Letter, ``Rebuttal
Brief,'' dated November 12, 2021; Dongsheng's Letter, ``Steel Racks
from the People's Republic of China--Rebuttal Brief,'' dated
November 12, 2021; and Nanjing Kingmore's Letter, ``Certain Steel
Racks and Parts Thereof from the People's Republic of China, Case
No. A-570-088: Nanjing Kingmore's Rebuttal Brief,'' dated November
12, 2021.
\3\ See Commerce Letter, ``Antidumping Duty Administrative
Review of Steel Racks and Parts Thereof from the People's Republic
of China: Hearing Schedule,'' dated January 7, 2022.
\4\ See Memoranda, ``Extension of Deadline for Final Results,''
dated January 28, 2022; and ``Extension of Deadline for Final
Results,'' dated March 1, 2022.
\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2019-2020 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 (Issues and Decision Memorandum).
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Scope of the Order <SUP>6</SUP>
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\6\ 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 this Order is steel racks and parts
thereof,
[[Page 20818]]
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). For a full description of the scope, see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised by interested parties in the case and rebuttal
briefs are addressed in the Issues and Decision Memorandum. A list of
the issues that parties raised, and to which we responded in the Issues
and Decision Memorandum, is in Appendix I. The Issues and 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 Issues and Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Final Determination of No Shipments
In the Preliminary Results, we determined that Hebei Minmetals and
Guangdong Wireking made no shipments of subject merchandise to the
United States during the POR.\7\ As we have not received any arguments
identifying information that undermines our preliminary finding, we
made no changes to that determination for the final results of review.
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\7\ See Preliminary Results PDM.
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Changes Since the Preliminary Results
We corrected ministerial errors in our preliminary calculations of
the manufacturing overhead ratio, freight-in costs, and certain net
U.S. prices for Nanjing Kingmore Logistics Equipment Manufacturing Co.,
Ltd. (Nanjing Kingmore). We also corrected the draft liquidation
instructions for Nanjing Kingmore. For a discussion of these
corrections, see the Issues and Decision Memorandum.
Separate Rates
No parties commented on our preliminary separate rates
determinations. We continue to find that Dongsheng and Nanjing Kingmore
(i.e., the mandatory respondents), and the four companies listed in the
``Final Results of Review'' section below, are eligible for a separate
rate. Additionally, we have continued to deny separate rate status to
each of the companies listed in Appendix II.
Rate for Non-Examined Separate Rate Respondents
The statue and Commerce's regulations do not address what rate to
apply to respondents 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, which provides instructions for calculating the
all-others rate in an investigation, for guidance when calculating the
rate for non-selected respondents that are not examined individually in
an administrative review.
Section 735(c)(5)(A) of the Act states that the all-others rate
should be calculated by averaging the weighted-average dumping margins
determined for individually-examined respondents, excluding rates that
are zero, de minimis, or based entirely on facts available. When the
rates determined for individually examined respondents 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 all others rate.
The final weighted-average dumping margins that we calculated for
the mandatory respondents Dongsheng and Nanjing Kingmore are not zero,
de minimis, or based entirely on facts available. Therefore, we
assigned a weighted-average dumping margin to the non-individually
examined respondents to which we granted separate rate status equal to
the weighted average of the weighted-average dumping margins that we
calculated for Dongsheng and Nanjing Kingmore, consistent with the
guidance in section 735(c)(5)(A) of the Act.\8\
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\8\ See Memorandum, ``First Administrative Review of the
Antidumping Duty Order on Certain Steel Racks and Parts Thereof from
China: Final Calculation of the Rate for Separate Rate
Respondents,'' dated concurrently with this notice.
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The China-Wide Entity
Because no party requested a review of the China-wide entity in
this segment of the proceeding, the entity is not under review, and the
entity's rate (i.e., 144.50 percent) is not subject to change.\9\ Other
than the companies for which we made a final no-shipment determination,
Commerce considers all other companies for which a review was requested
that did not demonstrate separate rate eligibility, to be part of the
China entity.\10\
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\9\ See Order, 84 FR 48584.
\10\ In this review, we have determined that the companies
listed in Appendix II subject to the review are now part of the
China-wide entity.
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Final Results of Review
We are assigning the following weighted-average dumping margins to
the firms listed below for the period March 4, 2019, through August 31,
2020:
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Weighted-
average
Exporter dumping
margin
(percent)
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Nanjing Dongsheng Shelf Manufacturing Co., Ltd.............. 9.99
Nanjing Kingmore Logistics Equipment Manufacturing Co., Ltd. 18.87
Review-Specific Rate Applicable to the Following Companies:
Jiangsu Nova Intelligent Logistics Equipment Co., Ltd..... 14.03
Nanjing Ironstone Storage Equipment Co., Ltd.............. 14.03
Suzhou (China) Sunshine Hardware & Equipment Imp. & Exp. 14.03
Co., Ltd.................................................
Xiamen Luckyroc Industry Co., Ltd......................... 14.03
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Disclosure
Pursuant to 19 CFR 351.224(b), within five days of the publication
of this notice in the Federal Register, we will disclose to the parties
to this proceeding, the calculations that we performed for these final
results of review.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise covered by the final results of this
review. Commerce intends to issue assessment instructions to CBP no
earlier than 35 days after the date of publication date 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).
Where the respondent's weighted-average dumping margin is zero or
de minimis, or where an importer- (or customer-) specific ad valorem or
per-unit rate is zero or de minimis, Commerce will instruct CBP to
liquidate appropriate entries without regard to
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antidumping duties.\11\ For U.S. entries that were not reported in the
U.S. sales database submitted by an exporter individually examined
during this review, but that entered under the case number of that
exporter (i.e., at the individually-examined exporter's cash deposit
rate), Commerce will instruct CBP to liquidate such entries at the
China-wide entity rate (i.e., 144.50 percent).\12\
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\11\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14,
2012).
\12\ See Order, 84 FR 48584.
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For any individually-examined respondent whose weighted-average
dumping margin is above de minimis (i.e., 0.50 percent), we will
calculate importer-specific or customer-specific assessment rates on
the basis of the ratio of the total amount of antidumping duties
calculated for each importer's examined sales and the total entered
value of the sales, in accordance with 19 CFR 351.212(b)(1).\13\
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\13\ Id.
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For respondents not individually examined in this administrative
review that qualified for a separate rate, the assessment rate will be
equal to the weighted average of the dumping margins assigned to the
mandatory respondents in the final results of this review.
For the respondents not eligible for a separate rate, which we
considered to be part of the China-wide entity, we intend to instruct
CBP to apply an ad valorem assessment rate of 144.50 percent (i.e., the
China-wide entity rate) to all U.S. entries of subject merchandise
during the POR that were exported by these companies.
Additionally, if Commerce determines that an exporter under review
had no shipments of the subject merchandise, any suspended entries that
entered under that exporter's case number will be liquidated at the
China-wide entity rate.
Cash Deposit Requirements
The following cash deposit requirements will be effective for
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of review, as provided for by section 751(a)(2)(C) of the
Act: (1) For the exporters listed in the table above, the cash deposit
rate will be the rate listed for the exporter in the table; (2) for
previously investigated or reviewed China and non-China exporters not
listed in the table above that have separate rates, the cash deposit
rate will continue to be the existing exporter-specific rate published
for the most recent period; (3) for all China exporters of subject
merchandise that have not been found to be entitled to a separate rate,
the cash deposit rate will be the rate previously established for the
China-wide entity, which is 144.50 percent; and (4) for all non-China
exporters of subject merchandise which have not received their own
rate, the cash deposit rate will be the rate applicable to the China
exporter that supplied that non-China exporter. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
Notification to Importers Regarding the Reimbursement of Duties
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification Regarding Administrative Protective Order (APO)
This notice also serves as a reminder to parties subject to APO of
their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
notification of the return or destruction of APO materials, or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and terms of an APO is a violation which
is subject to sanction.
Notification to Interested Parties
We are issuing these final results of administrative review and
publishing this notice in accordance with sections 751(a)(1) and 777(i)
of the Act, and 19 CFR 351.213(h)(2) and 19 CFR 351.221(b)(5).
Dated: April 1, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of Issues
1. Whether Commerce Selected the Appropriate Surrogate Country
2. Whether Commerce Miscalculated the Manufacturing Overhead
Ratio
3. Whether Nanjing Dongsheng Shelf Manufacturing Co., Ltd.
(Dongsheng) is Affiliated with its U.S. Importer
4. Whether Commerce Miscalculated Direct Material and Packing
Costs
5. Whether to Collapse Nanjing Kingmore Logistics Equipment
Manufacturing Co., Ltd. (Nanjing Kingmore) with its Affiliate and
Apply Total Adverse Facts Available
6. Whether Commerce Miscalculated Direct Material Costs and the
Net Prices of Certain U.S. Sales
7. Whether Commerce Omitted a U.S. Customer from its Draft
Liquidation Instructions
V. Recommendation
Appendix II
Companies 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.,
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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. 2022-07501 Filed 4-7-22; 8:45 am]
BILLING CODE 3510-DS-P
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