Notice2023-19389
Certain Metal Lockers and Parts Thereof From the People's Republic of China: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2021-2022
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
September 8, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that certain exporters made sales of certain metal lockers and parts thereof (metal lockers) from the People's Republic of China (China) during the period of review (POR), February 11, 2021, through July 31, 2022. Additionally, Commerce is rescinding this review with respect to Hangzhou Zhuoxu Trading Co. Ltd. (Hangzhou Zhuoxu). Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 173 (Friday, September 8, 2023)</title>
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[Federal Register Volume 88, Number 173 (Friday, September 8, 2023)]
[Notices]
[Pages 62061-62064]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19389]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-133]
Certain Metal Lockers and Parts Thereof From the People's
Republic of China: Preliminary Results and Partial Rescission of
Antidumping Duty Administrative Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that certain exporters made sales of certain metal lockers and parts
thereof (metal lockers) from the People's Republic of China (China)
during the period of review (POR), February 11, 2021, through July 31,
2022. Additionally, Commerce is rescinding this review with respect to
Hangzhou Zhuoxu Trading Co. Ltd. (Hangzhou Zhuoxu). Interested parties
are invited to comment on these preliminary results.
DATES: Applicable September 8, 2023.
FOR FURTHER INFORMATION CONTACT: Deborah Cohen or Matthew Palmer, 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) 482-4521 or (202)
482-1678, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 20, 2021, Commerce published in the Federal Register the
antidumping duty order on metal lockers from China.\1\ On August 2,
2022, Commerce published in the Federal Register a notice of
opportunity to request administrative reviews of the Order.\2\ On
October 11, 2022, in accordance with 19 CFR 351.221(c)(1)(i), Commerce
published a notice of initiation for this administrative review in
response to requests to review by interested parties.\3\ On March 28,
2023, we extended the deadline for these preliminary results, in
accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as
amended
[[Page 62062]]
(the Act), and 19 CFR 351.213(h)(2), until August 31, 2023.
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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 Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 47187 (August 2,
2022).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 61278 (October 11, 2022). (Initiation
Notice).
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For a complete description of the events that followed the
initiation of this administrative review, see the Preliminary Decision
Memorandum.\4\ A list of topics included in the Preliminary Decision
Memorandum is included as an appendix to this notice. 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 found at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of Certain
Metal Lockers and Parts Thereof from the People's Republic of China,
2021-2022,'' dated concurrently with this notice (Preliminary
Decision Memorandum).
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Scope of the Order
The products covered by the Order are metal lockers from China. For
a complete description of the Order, see the Preliminary Decision
Memorandum.
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), based on the timely withdrawal of
the sole request for review, we are rescinding this administrative
review with respect to the following company named in the Initiation
Notice: Hangzhou Zhuoxu.\5\
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\5\ See Hangzhou Zhuoxu's Letter, ``Withdrawal of Administrative
Review Request,'' dated November 1, 2022.
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Separate Rates
Commerce preliminarily determines that three non-individually
examined companies are eligible for separate rates in this
administrative review.\6\ The Act and Commerce's regulations do not
address the establishment of a separate 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 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 separate-rate
respondents which Commerce did not examine 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 calculated for individually-examined respondents,
excluding dumping margins that are zero, de minimis, or based entirely
on facts available. For the preliminary results of this review,
Commerce determined the estimated dumping margins for ZXM/XMT and
Hangzhou Evernew to be 76.95 percent and 288.06 percent, respectively.
As explained in the Preliminary Decision Memorandum, we are
preliminarily assigning a rate of 94.13 percent to the three non-
examined respondents: Kunshan Dongchu Precision Machinery Co., Ltd.,
Tianjin Jia Mei Metal Furniture Ltd, and Zhejiang Focus-On Import &
Export Co., Ltd., which qualify for a separate rate in this review,
consistent with Commerce's practice and section 735(c)(5)(A) of the
Act.
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\6\ See Preliminary Decision Memorandum at the ``Separate Rate
Determination'' section for more details.
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The China-Wide Entity
Under Commerce's policy regarding the conditional review of the
China-wide entity,\7\ the China-wide entity will not be under review
unless a party specifically requests, or Commerce self-initiates, a
review of the entity. Because no party requested a review of the China-
wide entity in this review, the entity is not under review, and the
entity's rate (i.e., 322.25 percent) is not subject to change.
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\7\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. Commerce has calculated export prices in
accordance with section 772(a) of the Act and constructed export prices
in accordance with section 772(b) of the Act. Because China is a non-
market economy, within the meaning of section 771(18) of the Act,
Commerce has calculated normal value (NV) in accordance with section
773(c) of the Act. For a full description of the methodology underlying
Commerce's preliminary results, see the Preliminary Decision
Memorandum.
Preliminary Results of Review
We preliminarily determine that the following estimated weighted-
average dumping margins exist for the period February 11, 2021, through
July 31, 2022:
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Weighted-
average
Exporter dumping
margin
(percent)
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Zhejiang Xingyi Metal Products Co., Ltd and Xingyi 76.95
Metalworking Technology (Zhejiang) Co., Ltd................
Hangzhou Evernew Machinery & Equipment Company Limited/ 239.33
Zhejiang Yinghong Metalworks Co., Ltd \8\..................
Kunshan Dongchu Precision Machinery Co., Ltd................ 96.31
Tianjin Jia Mei Metal Furniture Ltd......................... 96.31
Zhejiang Focus-On Import & Export Co., Ltd.................. 96.31
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Disclosure and Public Comment
We intend to disclose to interested parties the calculations
performed for these preliminary results in accordance with 19 CFR
351.224(b). Interested parties may submit case briefs no later than 30
days after the date of publication of these preliminary results of
review.\9\ Rebuttal briefs, limited to issues raised in case briefs,
may be submitted no later than seven days after the deadline date for
case briefs.\10\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties
who submit case briefs or rebuttal briefs in this 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. Executive
summaries should be limited to five pages total, including footnotes.
Case and rebuttal briefs should be filed using ACCESS.\11\ Note that
Commerce has modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\12\
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\8\ We preliminarily find that Hangzhou Evernew and its
producer, Zhejiang Yinghong Metalworks Co., Ltd., are affiliated,
pursuant to section 771(33)(F) of the Act and 19 CFR 351.102(b)(3)
and should be treated as a single entity pursuant to 19 CFR
351.401(f)(1) for the purposes of these preliminary results. See
Preliminary Decision Memorandum at Section V. ``Single Entity
Analysis'' for further discussion of the preliminary collapsing
determination.
\9\ See 19 CFR 351.309(c).
\10\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007
(March 26, 2020) (``To provide adequate time for release of case
briefs via ACCESS, E&C intends to schedule the due date for all
rebuttal briefs to be 7 days after case briefs are filed (while
these modifications remain in effect.'').
\11\ See, generally, 19 CFR 351.303.
\12\ 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
[[Page 62063]]
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 via
Commerce's electric records system, ACCESS. An electronically-filed
request must be received successfully in its entirety by 5:00 p.m.
Eastern Time within 30 days after the date of publication of this
notice.\13\ Requests should contain the party's name, address, and
telephone number, the number of participants, whether any participant
is a foreign national, and a list of the issues to be discussed. If a
request for a hearing is made, Commerce intends to hold the hearing at
a time and date to be determined.\14\ Parties should confirm by
telephone the date and time of the hearing two days before the
scheduled date.
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\13\ See 19 CFR 351.310(c).
\14\ See 19 CFR 351.310(d).
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Unless otherwise 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 and rebuttal briefs, within
120 days of publication of these preliminary results in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR
351.213(h).
Assessment Rates
Upon issuance of the final results, Commerce will determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review, in accordance with 19 CFR 351.212(b)(1). Commerce
intends to issue assessment instructions to CBP 35 days after the
publication of the final results of this review. 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).
We will calculate importer/customer-specific assessment rates equal
to the ratio of the total amount of dumping calculated for examined
sales to a particular importer/customer to the total entered value of
those sales, in accordance with 19 CFR 351.212(b)(1).\15\ Where the
respondents reported reliable entered values, Commerce intends to
calculate importer/customer-specific ad valorem assessment rates by
dividing the total amount of dumping calculated for all reviewed U.S.
sales to the importer/customer by the total entered value of the
merchandise sold to the importer/customer.\16\ Where the respondents
did not report entered values, Commerce will calculate importer/
customer-specific assessment rates by dividing the total amount of
dumping calculated for all reviewed U.S. sales to the importer/customer
by the total quantity of those sales. Commerce will calculate an
estimated ad valorem importer/customer-specific assessment rate to
determine whether the per-unit assessment rate is de minimis; however,
Commerce will use the per-unit assessment rate where entered values
were not reported.\17\ Where an importer/customer-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 respondents' ad valorem weighted-average dumping margin is
zero or de minimis, or an importer/customer-specific ad valorem
assessment rate is zero or de minimis,\18\ Commerce will instruct CBP
to liquidate the appropriate entries without regard to ADs.
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\15\ In these preliminary results, Commerce 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).
\16\ See 19 CFR 351.212(b)(1).
\17\ Id.
\18\ See 19 CFR 351.106(c)(2).
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Pursuant to Commerce's refinement to its practice, for sales that
were not reported in the U.S. sales database submitted by a respondent
individually examined during this review, Commerce will instruct CBP to
liquidate the entry of such merchandise at the dumping margin assigned
to the China-wide entity.\19\ For respondents not individually examined
in this administrative review that qualified for a separate rate, the
assessment rate will be equal to the weighted-average dumping margin
assigned to the respondent in the final results of this review.\20\
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\19\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
\20\ See, e.g., Drawn Stainless Steel Sinks from the People's
Republic of China: Preliminary Results of the Antidumping Duty
Administrative Review and Preliminary Determination of No Shipments:
2014-2015, 81 FR 29528 (May 12, 2016), and accompanying PDM at 10-
11, unchanged in Drawn Stainless Steel Sinks from the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review; Final Determination of No Shipments; 2014-2015, 81 FR 54042
(August 15, 2016).
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In accordance with section 751(a)(2)(C) of the Act, the final
results of this review shall be the basis for the assessment of ADs on
entries of merchandise covered by the final results of this review and
for future deposits of estimated ADs, where applicable.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for all shipments of
the subject merchandise from China entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
notice of the final results of administrative review in the Federal
Register, as provided for by section 751(a)(2)(C) of the Act: (1) for
the companies that have a separate rate, the cash deposit rate will be
that rate established in the final results of this review (except, if
the rate is de minimis, then a cash deposit rate of zero will be
required); (2) for previously investigated or reviewed Chinese and non-
Chinese exporters for which a review was not requested and that
received a separate rate in a prior segment of this proceeding, the
cash deposit rate will continue to be the existing exporter-specific
rate; (3) for all Chinese exporters of subject merchandise that have
not been found to be entitled to a separate rate, the cash deposit rate
will be the rate for the China-wide entity (i.e., 322.25 percent); and
(4) for all non-Chinese exporters of subject merchandise that have not
received their own rate, the cash deposit rate will be the rate
applicable to the Chinese exporter that supplied that non-Chinese
exporter. These cash deposit requirements, when imposed, shall remain
in effect until further notice.
In the underlying investigation, we determined that ZXM and its
affiliate, XMT, comprised a single entity pursuant to 19 CFR
351.401(f). Commerce's practice is to presume that companies continue
to comprise a single entity when that finding has been made in a prior
segment of the proceeding.\21\ Accordingly, we initiated upon and
examined the collapsed ZXM/XMT respondent throughout the preliminary
stage of this proceeding. However, as discussed in the Preliminary
Decision Memorandum, we preliminarily determine that the record no
longer supports a finding that ZXM should be collapsed with XMT
subsequent to January 13, 2022, as ZXM
[[Page 62064]]
ceased involvement with the production and/or exportation of subject
merchandise prior to the POR, was acquired by an unrelated third-party
ownership a month prior, and all indicia of affiliation and/or control
between the two companies ceased as of that date. Accordingly, we
continue to review the single entity for the February 11, 2021, through
January 13, 2022, segment of this review and for the purposes of
subsequent assessment. Therefore, should Commerce continue to determine
the companies are not a single entity and XMT remains the only
component of the former ZXM/XMT entity involved in the exportation of
subject merchandise in the final results, we intend to assign the
prospective cash deposit rate only to XMT as the exporter, and to
instruct CBP to discontinue the ZXM/XMT combination rate.
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\21\ See Initiation Notice. See also, e.g., China First Pencil
Co., Ltd. v. United States, 427 F.Supp.2d. 1236, 1239-41 (CIT 2006)
(sustaining Commerce's decision to continue collapsing companies
which were found to be collapsed in a previous review, where
plaintiff ``failed to meet its burden of establishing that the facts
and circumstances had changed sufficiently to warrant a re-
examination of Commerce's decision.'').
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing 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 and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties, and/or an increase in the amount of antidumping duties by the
amount of the countervailing duties.
Notification to Interested Parties
We are issuing and publishing the preliminary results of this
review in accordance with sections 751(a)(l) and 777(i)(l) of the Act,
19 CFR 351.213(d)(4), and 19 CFR 351.221(b)(4).
Dated: August 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Use of Partial Facts Available With Adverse Inferences
A. Application of Facts Available With Adverse Inferences
B. Selection of the AFA Rate
V. Single Entity Analysis
VI. Partial Recission of Administrative Review
VII. Discussion of the Methodology
A. Non-Market Economy Country
B. Surrogate Country and Surrogate Value Comments
C. Separate Rates
D. The China-Wide Entity
E. Date of Sale
F. Comparisons to Fair Value
G. Export Price
H. Constructed Export Price
I. Value-Added Tax
J. Normal Value
K. Factor Valuation Methodology
VIII. Currency Conversion
IX. Adjustment Under Section 777(A)(F) of the Act
X. Recommendation
[FR Doc. 2023-19389 Filed 9-7-23; 8:45 am]
BILLING CODE 3510-DS-P
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