Notice2022-21800
Certain Steel Racks and Parts Thereof From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review and Intent To Rescind the Review, in Part; 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, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that the companies subject to this countervailing duty (CVD) administrative review of certain steel racks and parts thereof (steel racks) from the People's Republic of China (China) received countervailable subsidies during the period of review (POR), January 1, 2020 through December 31, 2020. Interested parties are invited to comment on these preliminary results of review.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 193 (Thursday, October 6, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 193 (Thursday, October 6, 2022)]
[Notices]
[Pages 60644-60647]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-21800]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-089]
Certain Steel Racks and Parts Thereof From the People's Republic
of China: Preliminary Results of Countervailing Duty Administrative
Review and Intent To Rescind the Review, in Part; 2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that the companies subject to this countervailing duty (CVD)
[[Page 60645]]
administrative review of certain steel racks and parts thereof (steel
racks) from the People's Republic of China (China) received
countervailable subsidies during the period of review (POR), January 1,
2020 through December 31, 2020. Interested parties are invited to
comment on these preliminary results of review.
DATES: Applicable October 6, 2022.
FOR FURTHER INFORMATION CONTACT: Drew Jackson 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) 482-4406.
SUPPLEMENTARY INFORMATION:
Background
On September 16, 2019, Commerce published the CVD order on steel
racks from China.\1\ On September 2, 2021, Commerce published a notice
of opportunity to request an administrative review of the Order for the
POR.\2\ In August 2021, we received timely requests from multiple
parties to conduct an administrative review of the Order. On November
5, 2021, we published a notice of initiation for this administrative
review.\3\ On May 25, 2022, Commerce extended the deadline for the
preliminary results of this review by 120 days to September 30,
2022.\4\
---------------------------------------------------------------------------
\1\ 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).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 86 FR 17137 (September 2, 2021).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 61121 (November 5, 2021).
\4\ See Memorandum, ``Steel Racks from the People's Republic of
China: Extension of Deadline for Preliminary Results of
Countervailing Duty Administrative Review; 2020,'' dated May 25,
2022.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\5\
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="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Countervailing Duty
Order on Certain Steel Racks and Parts Thereof from the People's
Republic of China; 2020,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The scope of the Order covers steel racks from China. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
Methodology
We are conducting this administrative review in accordance with
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act).
For each of the subsidy programs found countervailable, we determine
that there is a subsidy, i.e., a financial contribution by an
``authority'' that confers a benefit to the recipient, and that the
subsidy is specific.\6\ For a full description of the methodology
underlying our preliminary conclusions, including our reliance, in
part, on adverse facts available pursuant to sections 776(a) and (b) of
the Act, see the Preliminary Decision Memorandum. A list of topics
included in the Preliminary Decision Memorandum is provided in the
appendix to this notice.
---------------------------------------------------------------------------
\6\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Intent To Rescind Administrative Review, in Part
On December 2, 2021, Hebei Minmetals Co., Ltd. (Hebei Minmetals)
timely filed a no-shipments certification.\7\ Based on information
received from U.S. Customs and Border Protection (CBP), we intend to
rescind the administrative review with regard to Hebei Minmetals, in
accordance with 19 CFR 351.213(d)(3), in the final results of
review.\8\
---------------------------------------------------------------------------
\7\ See Hebei Minmetals' Letter, ``Steel Racks from the People's
Republic of China: Hebei Minmetals' No Shipment Letter,'' dated
December 2, 2021.
\8\ See Memoranda, ``Steel Racks from the People's Republic of
China: Customs Data for Respondent Selection,'' dated November 24,
2021; and ``Steel Racks from the People's Republic of China: Release
of U.S. Customs and Border Protection Information Relating to No
Shipment Claim,'' dated August 16, 2022.
---------------------------------------------------------------------------
Preliminary Rate for Non-Selected Companies Under Review
There are 29 companies for which a review was requested and not
subject to rescission in the final results of review, and which were
not selected as mandatory respondents or found to be cross-owned with
the mandatory respondent. The statute and Commerce's regulations do not
directly address the establishment of rates to be applied to companies
not selected for individual examination where Commerce limits its
examination in an administrative review pursuant to section 777A(e)(2)
of the Act. However, Commerce normally determines the rates for non-
selected companies in reviews in a manner that is consistent with
section 705(c)(5) of the Act, which provides the basis for calculating
the all-others rate in an investigation.
Section 705(c)(5)(A)(i) of the Act instructs Commerce, as a general
rule, to calculate an all-others rate equal to the weighted average of
the countervailable subsidy rates established for exporters and/or
producers individually examined, excluding any rates that are zero, de
minimis, or based entirely on facts available. In this review, the sole
mandatory respondent, Nanjing Dongsheng Shelf Manufacturing Co., Ltd.
(Dongsheng), had a rate which was not zero, de minimis, or based
entirely on facts available. Thus, for the companies for which a review
was requested that were not selected as mandatory company respondents
and for which Commerce is not rescinding the review, Commerce is basing
the subsidy rate on the rate calculated for Dongsheng.
Preliminary Results of Review
As a result of this administrative review, we preliminarily find
that the following net countervailable subsidy rates exist for the
period January 1, 2020, through December 31, 2020:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Nanjing Dongsheng Shelf Manufacturing Co., Ltd.......... 21.02
Review-Specific Rate Applicable to the Following
Companies:
Ateel Display Industries (Xiamen) Co., Ltd.......... 21.02
CTC Universal (Zhangzhou) Industrial Co., Ltd....... 21.02
David Metal Craft Manufactory Ltd................... 21.02
[[Page 60646]]
Fujian Ever Glory Fixtures Co., Ltd................. 21.02
Guangdong Wireking Housewares and Hardware Co., Ltd. 21.02
Hebei Wuxin Garden Products Co., Ltd................ 21.02
Huanghua Xinxing Furniture Co., Ltd................. 21.02
i-Lift Equipment Ltd................................ 21.02
Johnson (Suzhou) Metal Products Co., Ltd............ 21.02
Master Trust (Xiamen) Import and Export Co., Ltd.... 21.02
Nanjing Ironstone Storage Equipment Co., Ltd........ 21.02
Nanjing Kingmore Logistics Equipment Manufacturing 21.02
Co., Ltd...........................................
Ningbo Xinguang Rack Co., Ltd....................... 21.02
Redman Corporation.................................. 21.02
Redman Import & Export Limited...................... 21.02
Suzhou (China) Sunshine Hardware & Equipment Imp. & 21.02
Exp. Co. Ltd.......................................
Tianjin Master Logistics Equipment Co., Ltd......... 21.02
Xiamen Baihuide Manufacturing Co., Ltd.............. 21.02
Xiamen Ever Glory Fixtures Co., Ltd................. 21.02
Xiamen Golden Trust Industry & Trade Co., Ltd....... 21.02
Xiamen Kingfull Imp and Exp Co., Ltd. (d.b.a) Xiamen 21.02
Kingfull Displays Co., Ltd.........................
Xiamen LianHong Industry and Trade Co., Ltd......... 21.02
Xiamen Luckyroc Industry Co., Ltd................... 21.02
Xiamen Luckyroc Storage Equipment Manufacture Co., 21.02
Ltd................................................
Xiamen Meitoushan Metal Products Co., Ltd........... 21.02
Xiamen Power Metal Display Co., Ltd................. 21.02
Xiamen XinHuiYuan Industrial & Trade Co., Ltd....... 21.02
Xiamen Yiree Display Fixtures Co., Ltd.............. 21.02
Zhangjiagang Better Display Co., Ltd................ 21.02
------------------------------------------------------------------------
Assessment Rates
Upon issuance of the final results of this administrative review,
consistent with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2),
Commerce shall determine, and CBP shall assess, CVDs on all appropriate
entries covered by this review. For the company for which we intend to
rescind this review, upon issuance of the final rescission, Commerce
will instruct CBP to assess CVDs on all appropriate entries at a rate
equal to the cash deposit of estimated CVDs required at the time of
entry, or withdrawal from warehouse, for consumption, during the period
January 1, 2020, through December 31, 2020, in accordance with 19 CFR
351.212(c)(1)(i).
For the companies remaining in the review, 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).
Cash Deposit Requirements
Pursuant to section 751(a)(2)(C) of the Act, Commerce intends, upon
publication of the final results, to instruct CBP to collect cash
deposits of estimated CVDs in the amounts calculated in the final
results of this review for the respective companies listed above, on
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this administrative review. If the rate calculated in the
final results is zero or de minimis, no cash deposit will be required
on shipments of the subject merchandise entered or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this review.
For all non-reviewed companies, we will instruct CBP to continue to
collect cash deposits of estimated countervailing duties at the China-
wide entity rate (i.e., 144.50 percent) \9\ or the most recent company-
specific rate applicable to the company, as appropriate. These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
---------------------------------------------------------------------------
\9\ See Order, 84 FR at 48585.
---------------------------------------------------------------------------
Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results to parties in this proceeding within five days
after public announcement of the preliminary results in accordance with
19 CFR 351.224(b). Pursuant to 19 CFR 351.309(c), interested parties
may submit case briefs no later than 30 days after the date of
publication of this notice. Rebuttal briefs, limited to issues raised
in the case briefs, may be filed no later than seven days after the
date for filing case briefs.\10\ Parties who submit case or rebuttal
briefs in this proceeding are encouraged to submit with each argument:
(1) a statement of the issue; (2) a brief summary of the argument; and
(3) a table of authorities.\11\ Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\12\
---------------------------------------------------------------------------
\10\ See 19 CFR 351.309(d).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
\12\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 41363 (July 10, 2020).
---------------------------------------------------------------------------
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, filed electronically via ACCESS. An
electronically filed document must be received successfully in its
entirety by Commerce's electronic records system, ACCESS, by 5:00 p.m.
Eastern Time within 30 days after the date of publication of this
notice.\13\ Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. If a request for a hearing is made, we will
inform parties of the scheduled date and time for the hearing.
---------------------------------------------------------------------------
\13\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
[[Page 60647]]
Unless extended, we intend to issue the final results of this
administrative review, including the results of our analysis of the
issues raised by the parties in their case briefs, no later than 120
days after the date of publication of this notice in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213(d)(4) and 351.221(b)(4).
Dated: September 30, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Non-Selected Companies Under Review
V. Intent To Rescind Administrative Review, in Part
VI. Diversification of China's Economy
VII. Use of Facts Otherwise Available and Application of Adverse
Inferences
VIII. Subsidies Valuation
IX. Interest Rate Benchmarks, Discount Rates, Steel Input,
Electricity, and Natural Gas Benchmarks
X. Analysis of Programs
XI. Recommendation
[FR Doc. 2022-21800 Filed 10-5-22; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on October 6, 2022.
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.