Notice2023-07476
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; 2020-2021
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 certain exporters under review sold subject merchandise at less than normal value during the period of review (POR), September 1, 2020, through August 31, 2021. Additionally, Commerce determines that Hebei Minmetals Co., Ltd. (Hebei Minmetals) and Xiamen Luckyroc Industry Co., Ltd., (Luckyroc) had no shipments of subject merchandise during the POR.
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 21179-21181]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-07476]
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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; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain exporters under review sold subject merchandise at less than
normal value during the period of review (POR), September 1, 2020,
through August 31, 2021. Additionally, Commerce determines that Hebei
Minmetals Co., Ltd. (Hebei Minmetals) and Xiamen Luckyroc Industry Co.,
Ltd., (Luckyroc) had no shipments of subject merchandise during the
POR.
DATES: Applicable April 10, 2023.
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, 2022, Commerce published the Preliminary Results in
the Federal Register and invited interested parties to comment on those
results.\1\ On January 26, 2023, Commerce extended the deadline to
issue the final results of this review by 60 days until April 4,
2023.\2\ For details regarding the events that occurred subsequent to
publication of the Preliminary Results, see the Issues and Decision
Memorandum.\3\ 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;
2020-2021, 87 FR 60647 (October 6, 2022) (Preliminary Results), and
accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Extension of Deadline for Final Results of
the 2020-2021 Antidumping Duty Administrative Review,'' dated
January 26, 2023.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2020-2021 Antidumping Duty Administrative
Review of Certain Steel Racks and Parts Thereof from the People's
Republic of China,'' (Issues and Decision Memorandum), dated
concurrently with, and hereby adopted by, this notice.
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Scope of the Order <SUP>4</SUP>
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\4\ 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.\5\ 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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\5\ 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
We addressed all the issues raised in the case and rebuttal briefs
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 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 a review of the record and comments received from
interested parties regarding the Preliminary Results, we selected
Romania, rather than Bulgaria, as the primary surrogate country and
corrected certain ministerial errors in our preliminary dumping margin
calculations.\6\
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\6\ See Issues and Decision Memorandum.
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Final Determination of No Shipments
In the Preliminary Results, Commerce determined that Hebei and
Luckyroc did not export or sell subject merchandise, nor did they have
knowledge that their subject merchandise was entered into
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the United States, during the POR.\7\ Interested parties commented on
Hebei's, but not Luckyroc's, no-shipments claim.\8\ On November 14,
2022, we requested additional information from Hebei regarding its no-
shipments claim.\9\ After considering interested parties' comments and
record evidence, Commerce continues to determine that Hebei and
Luckyroc did not export, sell, or have knowledge of U.S. entries of
subject merchandise during the POR.
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\7\ See Preliminary Results PDM at 7-8.
\8\ See Coalition for Fair Rack Imports' Letter, ``Comments on
Commerce's No-Shipments Analysis for Hebei Minmetals Co., Ltd.,''
dated October 21, 2022.
\9\ See Commerce's Letter, ``Supplemental questionnaire,'' dated
November 14, 2022.
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Separate Rates
No parties commented on Commerce's preliminary separate rate
determinations.\10\ Because there is no basis to change the preliminary
separate rate determinations, Commerce has continued to grant Nanjing
Dongsheng Shelf Manufacturing Co., Ltd. (Dongsheng), Nanjing Ironstone
Storage Equipment Co., Ltd. (Ironstone), and Nanjing Kingmore Logistics
Equipment Manufacturing Co., Ltd. (Kingmore), separate rate status.
Additionally, Commerce has continued to deny separate rate status to
each company listed in Appendix II.
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\10\ See Preliminary Results PDM at 12-13.
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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 Ironstone are not zero, de
minimis, or based entirely on facts available. Therefore, we assigned a
weighted-average dumping margin to the non-individually examined
respondent to which we granted separate rate status equal to the
weighted average, based on the publicly ranged value of sales by
Dongsheng and Ironstone, of the weighted-average dumping margins that
we calculated for Dongsheng and Ironstone, consistent with the guidance
in section 735(c)(5)(A) of the Act.\11\
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\11\ See Memorandum, ``Final Calculation of the Rate for the
Separate Rate Respondent,'' dated concurrently with this notice.
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Final Results of Review
We are assigning the following weighted-average dumping margins to
the companies listed below for the period September 1, 2020, through
August 31, 2021:
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Weighted-average
Exporter dumping margins
(percent)
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Nanjing Dongsheng Shelf Manufacturing Co., Ltd....... 13.88
Nanjing Ironstone Storage Equipment Co., Ltd......... 3.13
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Review-Specific Rate Applicable to the Non-Examined Company
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Nanjing Kingmore Logistics Equipment Manufacturing 10.18
Co., Ltd............................................
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Disclosure
Commerce intends to disclose to parties to the proceeding the
calculations performed for these final 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).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
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).
For the individually examined respondents whose weighted-average
dumping margin is not zero or de minimis, we calculated importer-
specific assessment rates in accordance with 19 CFR 351.212(b)(1).\12\
Where the respondent reported reliable entered values, we calculated
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.\13\ Where the respondent did not report entered values, we
calculated importer-specific per-unit 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 calculated an
estimated ad valorem importer-specific assessment rate to determine
whether the per-unit assessment rate is de minimis (i.e., 0.50 percent
or less).\14\
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\12\ 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).
\13\ See 19 CFR 351.212(b)(1).
\14\ Id.
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Where an importer-specific ad valorem assessment rate is not zero
or de minimis, Commerce will instruct CBP to collect the appropriate
duties at the time of liquidation. Where either the respondent's ad
valorem weighted average dumping margin, or an importer-specific ad
valorem
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assessment rate, is zero or de minimis, Commerce will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
Where sales of subject merchandise exported by an individually
examined respondent were not reported in the U.S. sales data submitted
by the respondent, but the merchandise was entered into the United
States during the POR under the CBP case number of the respondent,
Commerce will instruct CBP to liquidate any entries of such merchandise
at the weighted-average dumping margin for the China-wide entity (i.e.,
144.50 percent).\15\ Additionally, where Commerce determines that an
exporter under review made no shipments of subject merchandise during
the POR, Commerce will instruct CBP to liquidate any suspended entries
of subject merchandise that entered under that exporter's CBP case
number during the POR at the weighted-average dumping margin for the
China-wide entity.
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\15\ See Order.
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The antidumping duty assessment rate for Kingmore, the company not
individually examined in this administrative review that qualified for
a separate rate, will be equal to the weighted-average dumping margin
listed for Kingmore in the table above.
For companies not eligible for a separate rate which Commerce
considered to be part of the China-wide entity, the assessment rate
will be equal to the weighted-average dumping margin for the China-wide
entity, i.e., 144.50 percent.
Cash Deposit Requirements
The following cash deposit requirements will be in effect for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on, or after, the date of publication of this notice in
the Federal Register, as provided for by section 751(a)(2)(C) of the
Act: (1) for an exporter granted a separate rate in the final results
of this review, the cash deposit rate will be equal to the weighted-
average dumping margin listed for the company in the table above; (2)
for a previously investigated or reviewed exporter of subject
merchandise not listed in the table above that has a separate rate, the
cash deposit rate will continue to be the exporter's existing cash
deposit rate; (3) for all China exporters of subject merchandise that
do not have a separate rate, the cash deposit rate will be equal to the
weighted-average dumping margin assigned to the China-wide entity,
which is 144.50 percent; and (4) for a non-China exporter of subject
merchandise that does not have a separate rate, the cash deposit rate
will be equal to the weighted-average dumping margin 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 also serves as a final 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 Commerce's presumption that
reimbursement of antidumping and/or countervailing duties occurred and
the subsequent assessment of double antidumping duties.
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, 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 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. Changes Since the Preliminary Results
V. Discussion of Issues
Comment 1: Whether Commerce Selected the Appropriate Surrogate
Country
Comment 2: Whether to Treat Hebei Minmetals Co. Ltd. as Part of
the China-Wide Entity
Comment 3: Whether Commerce Should Calculate Surrogate Financial
Ratios Using Korado's 2020 and 2021 Financial Statements or 2021
Financial Statements
Comment 4: How to Treat Income from the Sale of Materials in the
Surrogate Financial Ratio Calculations
Comment 5: Whether Commerce Should Use Balkancar's Financial
Statements to Calculate Surrogate Financial Ratios
Comment 6: Whether Commerce Erred When Calculating the Net Price
of Ironstone's U.S. Sales
Comment 7: Whether Commerce Erred in its Calculations When
Accounting for Packing Labor
VI. Recommendation
Appendix II
Companies Determined To Not Be Eligible for a Separate Rate
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. Ningbo Xinguang Rack Co., Ltd.
12. Redman Corporation
13. Redman Import & Export Limited
14. Suzhou (China) Sunshine Hardware & Equipment Imp. & Exp. Co.
Ltd.
15. Tianjin Master Logistics Equipment Co., Ltd.
16. Xiamen Baihuide Manufacturing Co., Ltd.
17. Xiamen Ever Glory Fixtures Co., Ltd.
18. Xiamen Golden Trust Industry & Trade Co., Ltd.
19. Xiamen Kingfull Imp and Exp Co., Ltd. (d.b.a) Xiamen Kingfull
Displays Co., Ltd.
20. Xiamen LianHong Industry and Trade Co., Ltd.
21. Xiamen Luckyroc Storage Equipment Manufacture Co., Ltd.
22. Xiamen Meitoushan Metal Products Co., Ltd.
23. Xiamen Power Metal Display Co., Ltd.
24. Xiamen XinHuiYuan Industrial & Trade Co., Ltd.
25. Xiamen Yiree Display Fixtures Co., Ltd.
26. Zhangjiagang Better Display Co., Ltd.
[FR Doc. 2023-07476 Filed 4-7-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on April 10, 2023.
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.