Notice2023-07475
Certain Steel Racks and Parts Thereof From the People's Republic of China: Final Results and Partial Rescission of Countervailing Duty Administrative Review; 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 10, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies were provided to producers and exporters of certain steel racks and parts thereof (steel racks) from the People's Republic of China (China) during the period of review (POR), January 1, 2020, through December 31, 2020.
Full Text
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<title>Federal Register, Volume 88 Issue 68 (Monday, April 10, 2023)</title>
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[Federal Register Volume 88, Number 68 (Monday, April 10, 2023)]
[Notices]
[Pages 21177-21179]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-07475]
[[Page 21177]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-089]
Certain Steel Racks and Parts Thereof From the People's Republic
of China: Final Results and Partial Rescission of Countervailing Duty
Administrative Review; 2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies were provided to producers and exporters of
certain steel racks and parts thereof (steel racks) from the People's
Republic of China (China) during the period of review (POR), January 1,
2020, through December 31, 2020.
DATES: Applicable April 10, 2023.
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 October 6, 2022, Commerce published the Preliminary Results.\1\
This review covers one mandatory respondent, Nanjing Dongsheng Shelf
Manufacturing Co., Ltd. (Dongsheng), as well as 29 non-selected
companies under review. We invited interested parties to comment on the
Preliminary Results.\2\ We received timely case briefs from the
Government of China (GOC),\3\ the Coalition for Fair Rack Imports (the
petitioner),\4\ and Dongsheng,\5\ and timely filed rebuttal briefs from
the petitioner \6\ and Dongsheng.\7\ For a detailed description of the
events that occurred subsequent to the Preliminary Results, see the
Issues and Decision Memorandum.\8\ On January 6, 2023, in accordance
with section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the
Act), Commerce extended the deadline for issuing the final results
until April 4, 2023.\9\
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\1\ See 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, 87 FR 60644 (October 6, 2022) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\2\ Id., 87 FR at 60644.
\3\ See GOC's Letter, ``GOC Administrative Case Brief,'' dated
November 10, 2022.
\4\ See Petitioner's Letter, ``Petitioner's Case Brief,'' dated
November 10, 2022.
\5\ See Dongsheng's Letter, ``Case Brief,'' dated November 10,
2022.
\6\ See Petitioner's Letter, ``Petitioner's Rebuttal,'' dated
November 17, 2022.
\7\ See Dongsheng's Letter, ``Rebuttal Brief,'' dated November
17, 2022.
\8\ See Memorandum, ``Certain Steel Racks and Parts Thereof from
the People's Republic of China: Issues and Decision Memorandum for
the Final Results of the 2020 Countervailing Duty Administrative
Review,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
\9\ See Memorandum, ``Extension of Deadline for the Final
Results of Countervailing Duty Administrative Review,'' dated
January 6, 2023.
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Scope of the Order \10\
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\10\ 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 subheadings
7326.90.8688, 9403.20.0081, 9403.90.8041, and 9403.99.9041.\11\ Subject
merchandise may also be classified 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.
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\11\ On February 9, 2022, Commerce received a request from U.S.
Customs and Border Protection (CBP) to update the ACE Case Reference
File (CRF) for this proceeding. Specifically, CBP requested that
Commerce add HTSUS number 9403.99.9041 to the CRF to reflect 2022
updates to the HTSUS. On May 4, 2022, Commerce added HTSUS number
9403.99.9041 to the CRF for this proceeding (A-570-088). See
Memorandum, ``Request from Customs and Border Protection to Update
the ACE AD/CVD Case Reference File: Certain Steel Racks and Parts
Thereof from the People's Republic of China (A-570-088, C-570-
089),'' dated May 4, 2022.
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A full description of the scope of the Order is contained in the
Issues Decision Memorandum.
Analysis of Comments Received
All issues raised by interested parties in briefs are addressed in
the Issues and Decision Memorandum. A list of the issues addressed in
the Issues and Decision Memorandum is provided in Appendix I to this
notice. 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>.
Changes Since the Preliminary Results
Based on our review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
revisions to the countervailable subsidy rate calculations for the sole
mandatory respondent, Dongsheng.\12\ As a result of the changes to
Dongsheng's program rates, the final rate for the 29 non-selected
companies under review also changed.\13\ These changes are explained in
the Issues and Decision Memorandum.
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\12\ See Memorandum, ``Final Results Calculations for Nanjing
Dongsheng Shelf Manufacturing Co., Ltd.,'' dated concurrently with
this notice.
\13\ See Appendix II, which identifies the 29 non-selected
companies subject to the instant administrative review.
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Methodology
Commerce conducted this review in accordance with section
751(a)(1)(A) of the Act. For each of the subsidy programs found
countervailable, we find that there is a subsidy, i.e., a government-
provided financial contribution that gives rise to a benefit to the
recipient, and that the subsidy is specific.\14\ The Issues and
Decision Memorandum contains a full description of the methodology
underlying Commerce's conclusions, including any determination that
relied upon the use of adverse facts available pursuant to sections
776(a) and (b) of the Act.
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\14\ 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.
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Partial Rescission of Review
On November 5, 2021, Commerce initiated an administrative review of
Hebei Minmetals Co., Ltd. (Hebei Minmetals).\15\ In the Preliminary
Results, we stated our intent to rescind the review with respect to
Hebei Minmetals because it claimed no shipments during the POR and we
did not receive any information to contradict its claim.\16\ Therefore,
in
[[Page 21178]]
accordance with 19 CFR 351.213(d)(3), we are rescinding this
administrative review with respect to Hebei Minmetals.
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\15\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 61121 (November 5, 2021).
\16\ See Preliminary Results, 87 FR at 60644.
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Companies Not Selected for Individual Review
The statute and Commerce's regulations do not address the
establishment of a rate to be applied 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 705(c)(5) of the Act, which
provides instructions for determining the all-others rate in an
investigation, for guidance when calculating the rate for companies
which were not selected for individual examination in an administrative
review. Under section 705(c)(5)(A) of the Act, the all-others rate is
normally an amount equal to the weighted average of the countervailable
subsidy rates established for exporters and producers individually
investigated, excluding any zero or de minimis countervailable subsidy
rates, and any rates determined entirely on the basis of facts
available.
As stated above, there are 29 companies for which a review was
requested and not rescinded, and which were not selected as mandatory
respondents, or found to be cross owned with a mandatory respondent.
For these non-selected companies, because the rate calculated for the
only participating mandatory respondent in this review, Dongsheng, was
above de minimis and not based entirely on facts available, we are
applying to the 29 non-selected companies Dongsheng's subsidy rate.
This methodology used to establish the rate for the non-selected
companies is consistent with our practice regarding the calculation of
the all-others rate, pursuant to section 705(c)(5)(A)(i) of the Act.
Final Results of Review
We find the countervailable subsidy rates for the sole mandatory
respondent and non-selected respondents under review for the period of
January 1, 2020, through December 31, 2020, to be as follows:
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\17\ See Appendix II for a full list of companies not
individually examined in this review.
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Subsidy rate
Company (percent ad
valorem)
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Nanjing Dongsheng Shelf Manufacturing Co., Ltd.......... 6.09
Non-Selected Companies Under Review \17\................ 6.09
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Disclosure
We intend to disclose the calculations performed in connection with
the final results of review to parties in this proceeding within five
days of the date of publication of this notice in accordance with 19
CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce has determined, and U.S. Customs and Border Protection (CBP)
shall assess, countervailing duties on all appropriate entries of
subject merchandise in accordance with the final results of this
review, for the above-listed companies at the applicable ad valorem
assessment rates listed. 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
In accordance with section 751(a)(1) of the Act, Commerce intends
to instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts shown for each of 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. For all non-reviewed firms
subject to the Order, we will instruct CBP to continue to collect cash
deposits of estimated countervailing duties at the most recent company-
specific or all-others rate applicable to the company, as appropriate.
These cash deposit requirements, effective upon publication of the
final results of review, shall remain in effect until further notice.
Administrative Protective Order (APO)
This notice also serves as a reminder to parties subject to an 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 these final results of administrative
review and notice in accordance with sections 751(a)(1) and 777(i) of
the Act and 19 CFR 351.221(b)(5).
Dated: April 4, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Diversification of China's Economy
V. Use of Facts Otherwise Available and Application of Adverse
Inferences
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Discussion of the Issues
Comment 1: Whether to Apply Adverse Facts Available (AFA) to the
Export Buyer's Credit (EBC) Program
Comment 2: Whether to Revise the Sources Used to Calculate the
Benchmarks for Steel Welding Wire and Welding Rod
Comment 3: Whether to Rely on Additional Steel Benchmark Data
Comment 4: Whether the Provision of Natural Gas for Less Than
Adequate Remuneration (LTAR) Is Specific
Comment 5: Ministerial Error Allegations
A. Whether to Revise the Total Subsidy Rate Calculation
B. Whether to Revise the Policy Loans to the Steel Racks
Industry Program Subsidy Rate Calculation
C. Whether to Revise the AFA Subsidy Rate Applied to the EBC
Program
D. Whether to Revise the ``Other Subsidies'' Rate Calculation
E. Whether to Revise the Electricity Benchmark Calculation
F. Whether to Revise Certain Monthly Hot-Rolled Steel and Cold-
Rolled Steel Benchmark Prices
G. Whether to Revise the Hollow-Structural Steel Shape Benchmark
Prices
H. Whether to Revise Structural Steel Shapes and Hollow-
Structural Steel Shapes Benchmark Prices for the Month of October
2020
I. Whether to Revise the Galvanized Steel Subsidy Rate
Calculation
J. Whether to Revise the Subsidy Rate Calculation for the Income
Tax Deduction for Research and Development Under the Enterprise
Income Tax Law Program
K. Whether to Revise the Import Duty Rates Applied to the Hot-
Rolled Steel and Cold-Rolled Steel Benchmark Calculations
IX. Recommendation
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Appendix II
List of Companies Not Selected for Individual Examination
1. Ateel Display Industries (Xiamen) Co., Ltd.
2. CTC Universal (Zhangzhou) Industrial Co., Ltd.
3. David Metal Craft Manufactory Ltd.
4. Fujian Ever Glory Fixtures Co., Ltd.
5. Guangdong Wireking Housewares and Hardware Co., Ltd.
6. Hebei Wuxin Garden Products Co., Ltd.
7. Huanghua Xinxing Furniture Co., Ltd.
8. i-Lift Equipment Ltd.
9. Johnson (Suzhou) Metal Products Co., Ltd.
10. Master Trust (Xiamen) Import and Export Co., Ltd.
11. Nanjing Ironstone Storage Equipment Co., Ltd.
12. Nanjing Kingmore Logistics Equipment Manufacturing Co., Ltd.
13. Ningbo Xinguang Rack Co., Ltd.
14. Redman Corporation
15. Redman Import & Export Limited
16. Suzhou (China) Sunshine Hardware & Equipment Imp. & Exp. Co.
Ltd.
17. Tianjin Master Logistics Equipment Co., Ltd.
18. Xiamen Baihuide Manufacturing Co., Ltd.
19. Xiamen Ever Glory Fixtures Co., Ltd.
20. Xiamen Golden Trust Industry & Trade Co., Ltd.
21. Xiamen Kingfull Imp and Exp Co., Ltd.. (d.b.a) Xiamen Kingfull
Displays Co., Ltd.
22. Xiamen LianHong Industry and Trade Co., Ltd.
23. Xiamen Luckyroc Industry Co., Ltd.
24. Xiamen Luckyroc Storage Equipment Manufacture Co., Ltd.
25. Xiamen Meitoushan Metal Products Co., Ltd.
26. Xiamen Power Metal Display Co., Ltd.
27. Xiamen XinHuiYuan Industrial & Trade Co., Ltd.
28. Xiamen Yiree Display Fixtures Co., Ltd.
29. Zhangjiagang Better Display Co., Ltd.
[FR Doc. 2023-07475 Filed 4-7-23; 8:45 am]
BILLING CODE 3510-DS-P
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