Notice2023-13404
Certain Steel Racks and Parts Thereof From the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review, 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
June 23, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. 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 (China) to correct a ministerial error. The period of review is September 1, 2020, through August 31, 2022.
Full Text
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<title>Federal Register, Volume 88 Issue 120 (Friday, June 23, 2023)</title>
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[Federal Register Volume 88, Number 120 (Friday, June 23, 2023)]
[Notices]
[Pages 41074-41075]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13404]
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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, 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. 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 (China) to correct a ministerial error. The period of
review is September 1, 2020, through August 31, 2022.
DATES: Applicable June 23, 2023.
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.
Background
On April 10, 2023, Commerce published in the Federal Register the
final results of the 2020-2021 administrative review of the antidumping
duty order on certain steel racks and parts thereof from China.\1\ On
May 24, 2023, the Coalition for Fair Rack Imports (the Coalition),
timely alleged that Commerce made a ministerial error in calculating
the weighted-average dumping margin for Nanjing Ironstone Storage
Equipment Co., Ltd. (Ironstone) in the Final Results.<SUP>2</SUP>
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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; 2020-2021, 88 FR
21179 (April 10, 2023) (Final Results) and accompanying Issues and
Decision Memorandum.
\2\ See Coalition's Letter, ``Resubmission of Ministerial Error
Comments on Final Dumping Margin of Nanjing Ironstone Storage
Equipment Co., Ltd.,'' dated May 24, 2023 (Ministerial Error
Allegation). Commerce rejected the ministerial error allegation that
the Coalition submitted on May 2, 2023, because one of the
allegations in the submission was untimely filed. See Commerce's
Letter, ``Rejection, in Part, of Untimely Filed Ministerial Error
Allegation,'' dated May 22, 2023.
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Legal Framework
Pursuant to section 751(h) of the Tariff Act of 1930, as amended
(the Act), a ministerial error is an error ``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.'' \3\ Pursuant to
19 CFR 351.224(e), Commerce will analyze any comments received and, if
appropriate, correct any ministerial error by amending the final
results of review.
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\3\ See also 19 CFR 351.224(f) (Commerce has adopted the
statutory definition of ``ministerial error'' in its regulations).
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Ministerial Error Allegation
After analyzing the Coalition's allegation, we find that Commerce
made a ministerial error within the meaning of section 751(h) of the
Act in calculating the Chinese movement expenses for Ironstone; we
multiplied freight and brokerage and handling expenses rather than
adding those expenses.\4\ For details regarding this ministerial error,
see Ministerial Error Memorandum. Consistent with 19 CFR 351.24(e), we
are correcting this error and, consequently, revising Ironstone's
weighted-average dumping margin in the Final Results (i.e., from 3.13
percent to 4.92 percent).\5\ Because the weighted-average dumping
margin of the non-individually examined respondent to which we granted
a separate rate is based on that of the mandatory respondents, we also
have revised the review-specific rate assigned to the non-examined
company (i.e., from 10.18 percent to 10.80 percent).\6\
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\4\ See Ministerial Error Allegation and Memorandum,
``Ministerial Error Allegation,'' dated concurrently with this
notice (Ministerial Error Memorandum).
\5\ See Memorandum, ``Amended Final Results Analysis Memorandum
for Nanjing Ironstone Storage Equipment Co, Ltd.,'' dated
concurrently with this notice.
\6\ See Memorandum, ``Calculation of the Dumping Margin for
Respondent Not Selected for Individual Examination for the Amended
Final Results,'' dated concurrently with this notice.
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Amended Final Results
Correcting for the ministerial error described above results in the
following weighted-average dumping margins for the period September 1,
2020, through August 31, 2021:
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Weighted-
average
Exporter dumping
margin
(percent)
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Nanjing Ironstone Storage Equipment Co., Ltd................ 4.92
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Review-Specific Rate Applicable to the Non-Examined Company
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Nanjing Kingmore Logistics Equipment Manufacturing Co., Ltd. 10.80
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Disclosure
Commerce intends to disclose the calculations performed in
connection with these amended final results to parties to the
proceeding 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)(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 these amended final results
of review. Commerce intends to issue assessment instructions to CBP for
the companies listed in the table above, 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).
For Ironstone, we calculated importer-specific per-unit assessment
rates for entries of Ironstone's subject merchandise 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
estimated ad valorem importer-specific assessment rates to determine
whether the per-unit assessment rates are de minimis (i.e., 0.50
percent or less).\7\ Where we calculated an importer-specific estimated
ad valorem assessment rate for entries of Ironstone's subject
merchandise that is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping
duties.\8\ If sales of subject merchandise exported by Ironstone
[[Page 41075]]
were not reported in its U.S. sales data, but the merchandise was
entered into the United States during the POR under Ironstone's CBP
case number, Commerce will instruct CBP to liquidate such entries of
subject merchandise at the weighted-average dumping margin for the
China-wide entity (i.e., 144.50 percent).\9\
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\7\ Id.
\8\ See 19 CFR 351.106(c)(2).
\9\ See Certain Steel Racks and Parts Thereof from the People's
Republic of China: Final Affirmative Determination of Sales at Less
Than Fair Value, 84 FR 35595 (July 24, 2019); as amended in 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,
48586 (September 16, 2019) (stating the weighted-average dumping
margin for the China-wide entity is 144.50 percent).
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For Nanjing Kingmore Logistics Equipment Manufacturing Co., Ltd.,
the company not individually examined in this administrative review
that qualified for a separate rate, the assessment rate will be equal
to its weighted-average dumping margin 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 companies
listed in the table above, the cash deposit rate will be equal to the
weighted-average dumping margin listed for the company in the table;
(2) for previously investigated or reviewed China and non-China
exporters that are not under review in this segment of the proceeding
that have a separate rate, the cash deposit rate will continue to be
their existing cash deposit rate from the most recently completed
segment of this proceeding; (3) for all China exporters of subject
merchandise that do not have a separate rate, their 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 that do not have a separate rate, the cash deposit
rate will be the cash deposit rate applicable to the China exporter
that supplied the non-China exporter.\10\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\10\ Id.
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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.
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).
Dated: June 16, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-13404 Filed 6-22-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 23, 2023.
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