Notice2023-11884
Certain Steel Racks and Parts Thereof From the People's Republic of China: Rescission of Countervailing Duty Administrative Review; 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
June 5, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is rescinding the administrative review of the countervailing duty (CVD) order on certain steel racks and parts thereof (steel racks) from the People's Republic of China (China), covering the period of review (POR) January 1, 2021, through December 31, 2021, because, as explained below, there are no reviewable suspended entries for the sole company that is subject the instant review.
Full Text
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<title>Federal Register, Volume 88 Issue 107 (Monday, June 5, 2023)</title>
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[Federal Register Volume 88, Number 107 (Monday, June 5, 2023)]
[Notices]
[Pages 36538-36539]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-11884]
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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: Rescission of Countervailing Duty Administrative Review; 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is rescinding the
administrative review of the countervailing duty (CVD) order on certain
steel racks and parts thereof (steel racks) from the People's Republic
of China (China), covering the period of review (POR) January 1, 2021,
through December 31, 2021, because, as explained below, there are no
reviewable suspended entries for the sole company that is subject the
instant review.
DATES: Applicable June 5, 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 September 1, 2022, Commerce published in the Federal Register a
notice of opportunity to request an administrative review of the CVD
order on steel racks from China.\1\ Commerce received a timely request
for review of the steel racks CVD order from the following exporters of
subject merchandise: (1) Nanjing Dongsheng Shelf Manufacturing Co.,
Ltd. (Dongsheng); (2) Nanjing Ironstone Storage Equipment Co., Ltd.
(Nanjing Ironstone); (3) Xiamen Luckyroc Industry Co., Ltd. (Xiamen
Luckyroc); and (4) Ningbo Xinguang Rack Co., Ltd. (Xinguang Rack).\2\
We received no other requests for review. On November 3, 2022, Commerce
published in the Federal Register a notice of initiation of an
administrative review with respect to Dongsheng, Nanjing Ironstone,
Xiamen Luckyroc, and Xinguang Rack, in
[[Page 36539]]
accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act).\3\ Between October 11, 2022, and January 20, 2023, Nanjing
Ironstone, Dongsheng, and Xinguang Rack timely withdrew their requests
for administrative review.\4\ On November 16, 2022, and December 13,
2022, Commerce placed U.S. Customs and Border Protection (CBP) entry
data for U.S. imports of the subject merchandise during the POR on the
record for respondent selection purposes.\5\ On April 4, 2023, Commerce
notified all interested parties that in the absence of any suspended
entries during the POR for Xiamen Luckyroc, which is the only remaining
company subject to the instant administrative review, Commerce intended
to rescind this review.\6\ Commerce provided all parties an opportunity
to comment on CBP's findings.\7\ No parties submitted comments.
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 53719 (September
1, 2022).
\2\ See Dongsheng's Letter, ``Request for Administrative
Review,'' dated September 29, 2022; and Nanjing Ironstone, Xiamen
Luckyroc, and Ningbo Xinguang's Letter, ``Request for Administrative
Review,'' dated September 29, 2022.
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 66275 (November 3, 2022).
\4\ See Nanjing Ironstone's Letter, ``Ironstone Withdrawal of
Request for Administrative Review,'' dated October 11, 2022;
Dongsheng's Letter, ``Dongsheng Withdrawal of Request for
Administrative Review,'' dated January 18, 2023, and Xinguang Rack's
Letter, ``Xinguang Rack Withdrawal of Request for Administrative
Review,'' dated January 20, 2023.
\5\ See Memorandum, ``Customs Data for Respondent Selection,''
dated November 16, 2022; see also Memorandum, ``Revised Customs Data
for Respondent Selection,'' dated December 13, 2022.
\6\ See Memorandum, ``Notice of Intent to Rescind Review,''
dated April 4, 2023.
\7\ Id.
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Rescission of Review
Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to
rescind an administrative review of a CVD order where it concludes that
there were no reviewable entries of subject merchandise during the
POR.\8\ Normally, upon completion of an administrative review, the
suspended entries are liquidated at the CVD assessment rate for the
review period.\9\ Therefore, for an administrative review to be
conducted, there must be a reviewable, suspended entry that Commerce
can instruct CBP to liquidate at the calculated CVD assessment rate for
the review period.\10\ As noted above, Nanjing Ironstone, Dongsheng,
and Xinguang Rack timely withdrew their requests for administrative
review and CBP confirmed that there were no entries of subject
merchandise during the POR with respect to Xiamen Luckyroc, the only
remaining company subject to this review. Accordingly, in the absence
of reviewable, suspended entries of subject merchandise during the POR,
we are rescinding this administrative review, in its entirety, in
accordance with 19 CFR 351.213(d)(3).
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\8\ See, e.g., Certain Hardwood Plywood Products from the
People's Republic of China: Preliminary Results of Countervailing
Duty Administrative Review and Rescission of Review, in Part; 2017-
2018, 84 FR 54844, 54845 and n.8 (October 11, 2019) (citing
Lightweight Thermal Paper from the People's Republic of China:
Notice of Rescission of Countervailing Duty Administrative Review;
2015, 82 FR 14349 (March 20, 2017)).
\9\ See 19 CFR 351.212(b)(2).
\10\ See 19 CFR 351.213(d)(3).
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Cash Deposit Requirements
As Commerce has proceeded to a final rescission of this
administrative review, no cash deposit rates will change. Accordingly,
the current cash deposit requirements shall remain in effect until
further notice.
Assessment Rates
Commerce will instruct CBP to assess CVDs on all appropriate
entries. Because Commerce is rescinding this review in its entirety,
the entries to which this administrative review pertained shall be
assessed at rates equal to the cash deposit of estimated countervailing
duties required at the time of entry, or withdrawal from warehouse, for
consumption, in accordance with 19 CFR 351.212(c)(1)(i). Commerce
intends to issue appropriate assessment instructions to CBP 35 days
after the publication of this notice in the Federal Register.
Notification Regarding Administrative Protective Order
This notice also serves as a final 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 the APO materials, or conversion to judicial protective
order, is hereby requested. Failure to comply with regulations and
terms of an APO is a violation, which is subject to sanction.
Notification to Interested Parties
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4).
Dated: May 31, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2023-11884 Filed 6-2-23; 8:45 am]
BILLING CODE 3510-DS-P
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