Notice2022-11880
Certain Steel Racks and Parts Thereof From the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review, 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
June 3, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) is amending the final results of the administrative review of the antidumping duty order on certain steel racks and parts thereof from the People's Republic of China to correct ministerial errors. The period of review is March 4, 2019, through August 31, 2020.
Full Text
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<title>Federal Register, Volume 87 Issue 107 (Friday, June 3, 2022)</title>
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[Federal Register Volume 87, Number 107 (Friday, June 3, 2022)]
[Notices]
[Pages 33711-33713]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11880]
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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: Amended Final Results of Antidumping Duty Administrative
Review, 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is amending the final
results of the administrative review of the antidumping duty order on
certain steel racks and parts thereof from the People's Republic of
China to correct ministerial errors. The period of review is March 4,
2019, through August 31, 2020.
DATES: Applicable June 3, 2022.
FOR FURTHER INFORMATION CONTACT: 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) 482-3518.
SUPPLEMENTARY INFORMATION:
Background
On April 1, 2022, Commerce disclosed its margin calculations in the
final results of the above-referenced review.\1\ On April 11, 2022,
Nanjing Kingmore Logistics Equipment Manufacturing Co., Ltd. (Nanjing
Kingmore), a mandatory respondent, timely alleged that Commerce made
ministerial errors in calculating the company's weighted-average
dumping margin in the Final Results.\2\
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\1\ See 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, 87 FR
20817 (April 8, 2022) (Final Results), and accompanying Issues and
Decision Memorandum; see also Memorandum, ``2019-2020 Antidumping
Duty Administrative Review of Certain Steel Racks and Parts Thereof
from the People's Republic of China: Final Results Analysis
Memorandum for Nanjing Kingmore Logistics Equipment Manufacturing
Co., Ltd.,'' dated April 1, 2022.
\2\ See Nanjing Kingmore's Letter, ``Certain Steel Racks and
Parts Thereof from the People's Republic of China, Case No. A-570-
088: Ministerial Error Allegation,'' dated April 11, 2022.
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Legal Framework
Commerce's regulations stipulate that it will disclose its
calculations to parties to the proceeding and that those parties may
submit comments concerning any alleged ministerial errors.\3\ If
appropriate, Commerce will correct any ministerial errors by amending
its determination.\4\ Ministerial errors are defined as ``errors in
addition, subtraction, or other arithmetic function, clerical errors
resulting from inaccurate copying, duplication, or the like, and any
other type of unintentional error which {Commerce{time} considers
ministerial.'' \5\
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\3\ See 19 CFR 351.224(b) and (c)(l).
\4\ See 19 CFR 351.224(e).
\5\ See section 751(h) of the Tariff Act of 1930, as amended
(the Act); see also 19 CFR 351.224(f).
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Ministerial Error
Commerce committed inadvertent, unintentional errors within the
meaning of section 751(h) of the Act and 19 CFR 351.224(f) when it: (1)
Used a surrogate value for U.S. inland freight rates that was in the
wrong unit of measure, and; (2) failed to convert Nanjing Kingmore's
reported distances for calculating U.S. inland freight costs from a
character variable to a numeric variable.\6\
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\6\ See Memorandum, ``Administrative Review of the Antidumping
Duty Order on Certain Steel Racks and Parts Thereof from the
People's Republic of China: Ministerial Error Allegation,'' dated
concurrently with this notice.
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Accordingly, we are amending the Final Results to reflect the
corrections of these ministerial errors in the calculation of the
weighted-average dumping margin for Nanjing Kingmore.\7\ Further, we
are amending the review-specific rate assigned to the non-examined,
separate rate companies based on the weighted-average dumping
[[Page 33712]]
margins calculated for the mandatory respondents.\8\
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\7\ See Memorandum, ``2019-2020 Antidumping Duty Administrative
Review of Certain Steel Racks and Parts Thereof from the People's
Republic of China: Amended Final Results Analysis Memorandum for
Nanjing Kingmore Logistics Equipment Manufacturing Co., Ltd.,''
dated concurrently with this memorandum.
\8\ See Memorandum, ``Antidumping Duty Administrative Review of
Steel Racks and Parts Thereof from the People's Republic of China:
Calculation of the Dumping Margin for Respondents Not Selected for
Individual Examination for the Amended Final Results of Review,''
dated concurrently with this notice.
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Amended Final Results
After correcting for the ministerial errors described above, we
determine that the following weighted-average dumping margins exist 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 Kingmore Logistics Equipment Manufacturing Co., 15.04
Ltd....................................................
Review-Specific Rate Applicable to the Following Non-
Examined Companies:
Jiangsu Nova Intelligent Logistics Equipment Co., 12.29
Ltd................................................
Nanjing Ironstone Storage Equipment Co., Ltd........ 12.29
Suzhou (China) Sunshine Hardware & Equipment Imp. & 12.29
Exp. Co., Ltd......................................
Xiamen Luckyroc Industry Co., Ltd................... 12.29
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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
amended final results of review.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise covered by the amended final results of
review. Commerce intends to issue assessment instructions to CBP no
earlier than 35 days after the date of publication of these amended
final results of 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-specific ad valorem or per-unit rate
is zero or de minimis, Commerce will instruct CBP to liquidate
appropriate entries without regard to antidumping duties.\9\ For U.S.
entries that were not reported in the U.S. sales data 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 cash deposit rate for the China-wide
entity (i.e., 144.50 percent).
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\9\ See 19 CFR 351.106(c)(2).
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We calculated importer-specific per-unit assessment rates for
Nanjing Kingmore by dividing the total amount of dumping for reviewed
sales of subject merchandise imported by the importer, or for reviewed
sales of subject merchandise to a customer, as appropriate, by the
total sales quantity associated with those transactions.
For the companies not individually examined in this administrative
review that qualified for a separate rate, the assessment rate will be
equal to the weighted-average dumping margins calculated for those
companies in these amended final results of review.
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 date of publication of this
notice of the amended final results of review in the Federal Register,
as provided by section 751(a)(2)(C) of the Act: (1) For the exporters
listed in the table above, the cash deposit rate will be equal to the
weighted-average dumping margin determined in these amended final
results of review; (2) for previously investigated or reviewed China
and non-China exporters not under review in this segment of the
proceeding that have separate rates, the cash deposit rate will
continue to be the existing exporter-specific cash deposit rate
published from the completed segment 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
cash deposit 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 cash deposit 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
This notice also 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 review period. 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
This notice also serves as a reminder to parties subject to
administrative protective order (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 and publishing this notice in accordance with
sections 751(h) and 777(i)(1) of the Act, and 19 CFR 351.224(e).
[[Page 33713]]
Dated: May 25, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-11880 Filed 6-2-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 3, 2022.
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