Notice2023-19335
Certain Metal Lockers and Parts Thereof From the People's Republic of China: Preliminary Results and Partial Rescission of the Countervailing Duty Administrative Review; 2020-2021
Primary source
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Published
September 7, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of certain metal lockers and parts thereof (metal lockers) from the People's Republic of China (China) during the period of review (POR) from December 14, 2020, through December 31, 2021. Additionally, Commerce is rescinding the review with respect to four companies. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 172 (Thursday, September 7, 2023)</title>
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[Federal Register Volume 88, Number 172 (Thursday, September 7, 2023)]
[Notices]
[Pages 61514-61516]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19335]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-134]
Certain Metal Lockers and Parts Thereof From the People's
Republic of China: Preliminary Results and Partial Rescission of the
Countervailing Duty Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of certain metal lockers and parts thereof
(metal lockers) from the People's Republic of China (China) during the
period of review (POR) from December 14, 2020, through December 31,
2021. Additionally, Commerce is rescinding the review with respect to
four companies. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable September 7, 2023.
FOR FURTHER INFORMATION CONTACT: Alex Cipolla, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4956.
SUPPLEMENTARY INFORMATION:
Background
On August 20, 2021, Commerce published the countervailing duty
(CVD) order on metal lockers from China.\1\ On August 31, 2022, List
Industries, Inc. (the petitioner), a petitioner from the underlying
investigation, made a timely review request for four companies.\2\ Also
on August 31, 2022, Commerce received timely review requests from
Hangzhou Evernew Machinery & Equipment Company Limited (Hangzhou
Evernew),\3\ Hangzhou Xline Machinery & Equipment Co., Ltd. (Hangzhou
Xline),\4\ Hangzhou Zhuoxu Trading Co., Ltd. (Hangzhou Zhuoxu),\5\
Kunshan Dongchu Precision Machinery Co., Ltd. (Kunshan Dongchu),\6\
Tianjin Jia Mei Furniture Ltd. (Tianjin Jia Mei),\7\ Xingyi
Metalworking Technology (Zhejiang) Co., Ltd. (Xingyi Metalworking),\8\
and Zhejiang Xingyi Metal Products Co., Ltd. (Zhejiang Xingyi).\9\ On
October 11, 2022, in accordance with 19 CFR 351.221(c)(1)(i), Commerce
initiated an administrative review for Hangzhou Evernew, Hangzhou
Xline, Hangzhou Zhuoxu, Kunshan Dongchu, Pinghu Chenda Storage Office
Co., Ltd. (Pinghu Chenda), Tianjin Jia Mei, Xingyi Metalworking, and
Zhejiang Xingyi.\10\ On April 3, 2023, Commerce extended the deadline
for the preliminary results of this administrative review until August
31, 2023.\11\ For a complete description of the events that followed
the initiation of this review, see the Preliminary Decision
Memorandum.\12\
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\1\ See Certain Metal Lockers and Parts Thereof from the
People's Republic of China: Antidumping and Countervailing Duty
Orders, 86 FR 46826 (August 20, 2021) (Order).
\2\ See Petitioner's Letter, ``Request for Initiation of First
Administrative Review,'' dated August 31, 2022.
\3\ See Hangzhou Evernew's Letter, ``Request for Administrative
Review,'' dated August 31, 2022.
\4\ See Hangzhou Xline's Letter, ``Request for Administrative
Review,'' dated August 31, 2022.
\5\ See Hangzhou Zhuoxu's Letter, ``Request for Administrative
Review,'' dated August 31, 2022.
\6\ See Kunshan Dongchu's Letter, ``Request for Administrative
Review,'' dated August 31, 2022.
\7\ See Tianjin Jia Mei's Letter, ``Request for Administrative
Review,'' dated August 31, 2022.
\8\ See Xingyi Metalworking and Zhejiang Xingyi's Letter,
``Request for Administrative Review,'' dated August 31, 2022.
\9\ Id.
\10\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 61278 (October 11, 2022) (Initiation
Notice).
\11\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated April
3, 2023.
\12\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review of Certain
Metal Lockers and Parts Thereof from the People's Republic of China
and Rescission of Administrative Review, in Part; 2020-2021,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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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 at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>. A list of topics discussed in the Preliminary
[[Page 61515]]
Decision Memorandum is included as Appendix I to this notice.
Scope of the Order
The products covered by the Order are metal lockers from China. For
a complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
Rescission of Administrative Review, In Part
Based on our analysis of U.S. Customs and Border Protection (CBP)
information, we determine that four companies had no entries of subject
merchandise during the POR.\13\ On December 2, 2022, we notified
parties of our intent to rescind the administrative review with respect
to the four companies because there are no reviewable suspended
entries.\14\ No parties commented on the notification of intent to
rescind the review, in part. Pursuant to 19 CFR 351.213(d)(3), we are
rescinding the administrative review of these companies. We have
included a list of these four companies in Appendix II of this notice.
For additional information regarding this determination, see the
Preliminary Decision Memorandum.
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\13\ See Appendix II (listing the four companies).
\14\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated December 2, 2022.
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Methodology
Commerce is conducting this 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 preliminarily
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.\15\ 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.\16\
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\15\ 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.
\16\ See Preliminary Decision Memorandum at 8-38.
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Preliminary Rate for Non-Selected Companies Under Review
As discussed above, Commerce initiated this administrative review
for eight producers/exporters and is rescinding this administrative
review, in part, with respect to four producers/exporters. In addition,
Commerce selected Xingyi Metalworking and Zhejiang Xingyi for
individual examination. In these preliminary results, we are finding
Xingyi Metalworking and Zhejiang Xingyi to be cross-owned pursuant to
19 CFR 351.525(b)(6)(vi), and attributed subsidies received by Xingyi
Metalworking and Zhejiang Xingyi to the combined sales of both
companies, i.e., we calculated one subsidy rate for the combined entity
of Xingyi Metalworking and Zhejiang Xingyi. For the remaining two
companies subject to this review, because the preliminary subsidy rate
calculated for Xingyi Metalworking and Zhejiang Xingyi is above de
minimis and not based entirely on facts available, we are preliminarily
applying to the two non-selected companies, identified below, Xingyi
Metalworking and Zhejiang Xingyi's subsidy rate. The methodology to
establish the rate for non-selected companies is applied pursuant to
section 705(c)(5)(A) of the Act, which governs the calculation of the
``all-others'' rate in an investigation, as guidance. For additional
information, see the Preliminary Decision Memorandum.\17\
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\17\ Id. at 39.
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Preliminary Results of the Review
We preliminarily find the following countervailable subsidy rates
exist for the period of December 14, 2020, through December 31, 2021:
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2020 Subsidy 2021 Subsidy
Producer/Exporter rate (percent) rate (percent)
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Xingyi Metalworking Technology 25.78 31.81
(Zhejiang) Co., Ltd.; Zhejiang Xingyi
Metal Products Co., Ltd................
Hangzhou Evernew Machinery & Equipment 25.78 31.81
Company Limited........................
Hangzhou Xline Machinery & Equipment Co. 25.78 31.81
Ltd....................................
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Disclosure and Public Comment
We intend to disclose to interested parties the calculations
performed for these preliminary results within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than 30
days after the publication of these preliminary results of review in
the Federal Register.\18\ Rebuttal comments, limited to issues raised
in case briefs, may be submitted no later than seven days after the
deadline for filing case briefs.\19\ Parties who submit case or
rebuttal briefs in this administrative review 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.\20\ Case and rebuttal
briefs must be filed using ACCESS. An electronically filed document
must be received successfully in its entirety by ACCESS by 5:00 p.m.
Eastern Time on the established deadline. Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\21\
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\18\ See 19 CFR 351.309(c)(1)(ii).
\19\ See 19 CFR 351.309(d).
\20\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
\21\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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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, U.S. Department of Commerce, filed
electronically using ACCESS. An electronically-filed request must be
received successfully, and in its entirety, by ACCESS by 5 p.m. Eastern
Time, within 30 days after the date of publication of this notice.
Hearing requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of the
issues to be discussed. If a request for a hearing is made, parties
will be notified of the date and time for the hearing to be determined.
Unless extended, we intend to issue the final results of this
administrative review, which will include the results of our analysis
of the issues raised in the case briefs, within 120 days of publication
of these preliminary results in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act.
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Assessment Rates
Consistent with section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final results, Commerce shall
determine, and CBP shall assess, countervailing duties on all
appropriate entries covered by this review. We intend 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).
For the companies for which this review is rescinded with these
preliminary results, we will instruct CBP to assess countervailing
duties on all appropriate entries at a rate equal to the cash deposit
of estimated countervailing duties required at the time of entry, or
withdrawal from warehouse, for consumption, during the period December
14, 2020, through December 31, 2021, in accordance with 19 CFR
351.212(c)(l)(i).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 countervailing duties in the amounts shown (i.e.,
the rate calculated for calendar year 2021) for each of the respondents
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 firms, CBP will continue to collect cash
deposits of estimated countervailing duties at the all-others rate 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.
Notification to Interested Parties
These preliminary results and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213 and 19 CFR 351.221(b)(4).
Dated: August 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Rescission of Administrative Review, In Part
VI. Diversification of China's Economy
VII. Use of Facts Otherwise Available and Adverse Inferences
VIII. Subsidies Valuation
IX. Benchmarks
X. Analysis of Programs
XI. Rate for Non-Selected Companies
XII. Recommendation
Appendix II
List of Companies Subject to Rescission of Review
1. Hangzhou Zhuoxu Trading Co., Ltd.
2. Kunshan Dongchu Precision Machinery Co., Ltd.
3. Pinghu Chengda Storage Office Co., Ltd.
4. Tianjin Jia Mei Metal Furniture Ltd.
[FR Doc. 2023-19335 Filed 9-6-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 7, 2023.
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