Notice2023-22238
Certain Steel Racks and Parts Thereof From the People's Republic of China: Preliminary Results and Partial Rescission of the Antidumping Duty Administrative Review, and Preliminary Determination of No Shipments; 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
October 6, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that certain steel racks and parts thereof (steel racks) from the People's Republic of China (China) were sold in the United States at prices below normal value (NV) during the period of review (POR) September 1, 2021, through August 31, 2022. Further, we preliminarily determine that two companies had no shipments of subject merchandise during the POR, and two companies do not qualify for a separate rate. Additionally, we are rescinding this review with respect to the four companies for which all review requests were timely withdrawn. We invite interested parties to comment on the preliminary results of this review.
Full Text
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<title>Federal Register, Volume 88 Issue 193 (Friday, October 6, 2023)</title>
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[Federal Register Volume 88, Number 193 (Friday, October 6, 2023)]
[Notices]
[Pages 69612-69615]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22238]
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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: Preliminary Results and Partial Rescission of the Antidumping
Duty Administrative Review, and Preliminary Determination of No
Shipments; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain steel racks and parts thereof (steel racks)
from the People's Republic of China (China) were sold in the United
States at prices below normal value (NV) during the period of review
(POR) September 1, 2021, through August 31, 2022. Further, we
preliminarily determine that two companies had no shipments of subject
merchandise during the POR, and two companies do not qualify for a
separate rate. Additionally, we are rescinding this review with respect
to the four companies for which all review requests were timely
withdrawn. We invite interested parties to comment on the preliminary
results of this review.
DATES: Applicable October 6, 2023.
FOR FURTHER INFORMATION CONTACT: Jonathan Hill or Elizabeth Bremer, 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 and (202)
482-4987, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 1, 2022, Commerce published in the Federal Register a
notice of opportunity to request an administrative review of the
antidumping duty order on steel racks from China.\1\ After receiving
review requests, Commerce initiated this review with respect to 12
companies.\2\ On May 25, 2023, Commerce extended the deadline for these
preliminary results of review by 119 days, to September 29, 2023.\3\
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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); and 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).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 66275 (November 3, 2022); see also
Initiation of Antidumping and Countervailing Duty Administrative
Reviews, 88 FR 50 (January 3, 2023).
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated May 25,
2023.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\4\
A list of topics discussed 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 accessed directly
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
Steel Racks and Parts Thereof from the People's Republic of China;
2021-2022,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Scope of the Order
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 certain steel racks and parts thereof from the
People's Republic of China. Specifically, CBP requested that
Commerce add a certain HTSUS subheading to case numbers A-570-088
and C-570-089 to reflect the 2022 updates to the HTSUS. On May 4,
2022, Commerce added the HTSUS subheading 9403.99.9041 to the CRF
for case 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
Preliminary Decision Memorandum.
Preliminary Determination of No Shipments
On December 5 and 12, 2022, Hebei Minmetals Co., Ltd. (Hebei
Minmetals) and Xiamen Luckyroc Industry Co., Ltd. (Luckyroc),
respectively, timely filed certifications that they did not export or
sell subject merchandise during the POR and that there were no
suspended entries of their subject merchandise into the United States
during the POR. On August 9, 2023, we requested that CBP identify any
POR entries of subject merchandise from Hebei Minmetals or Luckyroc.\6\
Based on an analysis of information from CBP, and each company's
certification, we preliminarily determine that Hebei Minmetals and
Luckyroc had no shipments of subject merchandise during the POR.\7\
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\6\ See Memorandum, ``Information from U.S. Customs and Border
Protection Regarding No Shipment Claims,'' dated concurrently with
this notice.
\7\ See Preliminary Decision Memorandum.
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Consistent with Commerce's practice, we are not rescinding this
administrative review with respect to Hebei Minmetals and Luckyroc but
intend to complete the review of these companies and issue appropriate
[[Page 69613]]
assessment instructions to CBP based on the final results of the
review.\8\
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\8\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011); see also the
``Assessment Rates'' section, infra.
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Partial Rescission of the Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if all parties who
requested a review withdraw their requests within 90 days of the date
that the notice of initiation of the requested review was published in
the Federal Register. All requests to review the following companies
were timely withdrawn: (1) Guangdong Wireking Housewares and Hardware
Co., Ltd.; \9\ (2) Suzhou (China) Sunshine Hardware & Equipment Imp. &
Exp. Co. Ltd.; \10\ (3) Jiangsu Starshine Industry Equipment Co., Ltd.
(Starshine); \11\ and (4) Suntop (Xiamen) Display System Inc.\12\
Therefore, consistent with 19 CFR 351.213(d)(1), Commerce is rescinding
this review, in part, with respect to these companies.
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\9\ See Coalition for Fair Rack Imports' Letter, ``Partial
Withdrawal of Request for Administrative Review,'' dated December
19, 2022.
\10\ Id.
\11\ See Starshine's Letter, ``Request for Review,'' dated
January 5, 2023.
\12\ See Aladdin Manufacturing Corporation and Mohawk Home's
Letter, ``Withdrawal of Request for Administrative Review
(Administrative Review 9/1/2021-8/31/2022),'' dated February 1,
2023.
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Preliminary Affiliation and Single Entity Determination
Based on record evidence in this review, Commerce preliminarily
determines that the following companies are affiliated, pursuant to
section 771(33)(F) of the Tariff Act of 1930, as amended (the Act), and
that they should be treated as a single collapsed entity (i.e.,
Xinguang Rack), pursuant to 19 CFR 351.401(f)(1)-(2): (1) Ningbo
Xinguang Rack Co., Ltd.; (2) Ningbo Jiabo Rack Co., Ltd.; and (3)
Ningbo Lede Hardware Co., Ltd. For additional information, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. We calculated export and constructed export
prices in accordance with section 772 of the Act. Further, because
China is a non-market economy (NME) country within the meaning of
section 771(18) of the Act, we calculated NV in accordance with section
773(c) of the Act. For a full description of the methodology underlying
our preliminary results, see the Preliminary Decision Memorandum.
Separate Rates
In all proceedings involving an NME country, Commerce maintains a
rebuttable presumption that all companies are subject to government
control and, thus, should be assessed a single weighted-average dumping
margin unless the company can affirmatively demonstrate an absence of
government control, both in law (de jure) and in fact (de facto), with
respect to its exports (i.e., can affirmatively demonstrate that it is
eligible for a separate rate).\13\ Commerce has preliminarily
determined that information placed on the record by Jiangsu JISE
Intelligent Storage Equipment Co., Ltd. (Jiangsu Storage), Jiangsu Nova
Intelligent Logistics Equipment Co., Ltd. (Jiangsu Nova), Nanjing
Kingmore Logistics Equipment Manufacturing Co., Ltd. (Kingmore), and
Xinguang Rack demonstrates that these companies are eligible for
separate rate status.\14\
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\13\ See Notice of Final Determination of Sales at Less Than
Fair Value, and Affirmative Critical Circumstances, In Part: Certain
Lined Paper Products from the People's Republic of China, 71 FR
53079, 53082 (September 8, 2006); see also Final Determination of
Sales at Less Than Fair Value and Final Partial Affirmative
Determination of Critical Circumstances: Diamond Sawblades and Parts
Thereof from the People's Republic of China, 71 FR 29303, 29307 (May
22, 2006).
\14\ See Preliminary Decision Memorandum.
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However, Commerce has preliminarily determined that Nanjing
Dongsheng Shelf Manufacturing Co., Ltd. and Nanjing Ironstone Storage
Equipment Co., Ltd. have not demonstrated their eligibility for a
separate rate because each company did not file a timely separate rate
application or separate rate certification with Commerce. Therefore, we
have preliminarily treated these companies as part of the China-wide
entity.
Because no party requested a review of the China-wide entity, the
China-wide entity is not under review. Accordingly, the weighted-
average dumping margin determined for the China-wide entity (i.e.,
144.50 percent) \15\ is not subject to change in this review. For
additional information, see the Preliminary Decision Memorandum.
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\15\ See Order, 84 FR at 48586.
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Weighted-Average Dumping Margin for the Non-Examined Companies Granted
a Separate Rate
The statute and Commerce's regulations do not address what
weighted-average dumping margin to apply 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 for guidance
regarding establishing a weighted-average dumping margin for
respondents which were not individually examined in an administrative
review.
Section 735(c)(5)(A) of the Act provides that Commerce will base
the all-others rate in an investigation on the weighted average of the
estimated weighted-average dumping margins calculated for the
individually examined respondents, excluding rates that are zero, de
minimis, or based entirely on facts available. Where the weighted-
average dumping margin for each of the individually examined companies
is 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 estimated all-others rate.
Because the preliminary weighted-average dumping margins calculated
for the individually examined companies (Jiangsu Nova and Xinguang
Rack) in this administrative review are not zero, de minimis, or based
entirely on facts available, we have preliminarily assigned Jiangsu
Storage and Kingmore--which have been found to be eligible for a
separate rate, but were not selected for individual examination--a
weighted-average dumping margin equal to the average, weighted by the
publicly ranged total sales quantities, of the weighted-average dumping
margins calculated for Jiangsu Nova and Xinguang Rack, consistent with
the guidance in section 735(c)(5)(B) of the Act.\16\
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\16\ See Memorandum, ``Calculation of the Weighted-Average
Dumping Margin for Respondents Not Selected for Individual
Examination,'' dated concurrently with this notice.
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Preliminary Results of Review
We are assigning the following weighted-average dumping margins to
the companies listed below for the period September 1, 2021, through
August 31, 2022:
[[Page 69614]]
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Weighted-average
Exporter dumping margin
(percent)
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Jiangsu Nova Intelligent Logistics Equipment Co., Ltd 50.31
Ningbo Xinguang Rack Co., Ltd./Ningbo Jiabo Rack Co., 27.59
Ltd./Ningbo Lede Hardware Co., Ltd..................
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Review-Specific Rate Applicable to the Following Non-Examined Companies
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Jiangsu JISE Intelligent Storage Equipment Co., Ltd.. 48.41
Nanjing Kingmore Logistics Equipment Manufacturing 48.41
Co., Ltd............................................
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Disclosure and Public Comment
Commerce intends to disclose to parties to the proceeding the
calculations performed for these preliminary results of review under
administrative protective order within five days of the date of
publication of this notice in the Federal Register.\17\
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\17\ See 19 CFR 351.224(b).
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Interested parties may submit case briefs to Commerce no later than
30 days after the date of publication of these preliminary results of
review in the Federal Register.\18\ Rebuttal briefs may be filed with
Commerce no later than seven days after case briefs are due and may
respond only to arguments raised in the case briefs.\19\ A table of
contents, list of authorities used, and an executive summary of issues
should accompany any briefs submitted to Commerce. The summary should
be limited to five pages total, including footnotes.\20\
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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 (d)(2).
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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, within 30 days
after the date of publication of this notice in the Federal Register.
Requests for a hearing should contain: (1) the requesting party's name,
address, and telephone number; (2) the number of individuals associated
with the requesting party that will attend the hearing and whether any
of those individuals is a foreign national; and (3) a list of the
issues the party intends to discuss at the hearing. Oral arguments at
the hearing will be limited to issues raised in the case and rebuttal
briefs. If a request for a hearing is made, Commerce will announce the
date and time of the hearing. Parties should confirm the date and time
of the hearing two days before the scheduled hearing date.
All submissions to Commerce, with limited exceptions, must be filed
electronically using ACCESS. An electronically filed document must be
received successfully in its entirety by Commerce's electronic records
system, ACCESS, by 5:00 p.m. Eastern Time on the due date.\21\ Note
that Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\22\
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\21\ See 19 CFR 351.303 (for general filing requirements); see
also Antidumping and Countervailing Duty Proceedings: Electronic
Filing Procedures; Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
\22\ 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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Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of its analysis of issues raised in any briefs, within 120 days of
publication of these preliminary results of review in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act.
Assessment Rates
In accordance with section 751(a)(2)(C) of the Act, the assessment
of antidumping duties on entries of merchandise covered by the review
shall be based on the final results of this review. Therefore, upon
issuance of the final results of review, Commerce will determine, and
CBP shall assess, antidumping duties on all appropriate entries of
subject merchandise covered by this review.\23\
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\23\ See 19 CFR 351.212(b)(1).
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Commerce intends 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).
We will calculate importer or customer-specific assessment rates
for the individually examined respondents, in accordance with 19 CFR
351.212(b)(1).\24\ Where the respondent reported reliable entered
values, we will calculate importer or customer-specific ad valorem
assessment rates by dividing the total amount of dumping calculated in
the final results of this review for all reviewed U.S. sales to the
importer/customer by the total entered value of the merchandise sold to
the importer/customer.\25\ Where the respondent did not report entered
values, we will calculate importer or customer-specific per-unit
assessment rates by dividing the total amount of dumping calculated in
the final results of this review for all reviewed U.S. sales to the
importer/customer by the total quantity of those sales. While we will
calculate estimated ad valorem importer or customer-specific assessment
rates to determine whether the per-unit assessment rates are de
minimis, we will use the per-unit assessment rates where entered values
were not reported.\26\ Where either the respondent's ad valorem
weighted-average dumping margin is zero or de minimis, or an importer
or customer-specific ad valorem assessment rate is zero or de
minimis,\27\ we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties.
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\24\ 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).
\25\ See 19 CFR 351.212(b)(1).
\26\ Id.
\27\ See 19 CFR 351.106(c)(2).
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The assessment rate for a company not individually examined that
qualifies for a separate rate will be equal to the weighted-average
dumping margin determined for the company in the final results of this
review.\28\ If that rate is zero or de minimis, we will instruct CBP
[[Page 69615]]
to liquidate the appropriate entries without regard to antidumping
duties.
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\28\ See 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 Preliminary Decision
Memorandum 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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The assessment rate for companies that are not eligible for a
separate rate, which are therefore considered to be part of the China-
wide entity, will be equal to the weighted-average dumping margin for
the China-wide entity, i.e., 144.50 percent.\29\
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\29\ See Order, 84 FR at 48586.
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Pursuant to a refinement to Commerce's assessment practice, 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, we will instruct CBP to liquidate any entries of such
merchandise at the antidumping duty assessment rate for the China-wide
entity.\30\ Additionally, where Commerce determines that an exporter
under review had no shipments of subject merchandise during the POR,
any suspended entries of subject merchandise that entered under that
exporter's CBP case number during the POR will be liquidated at the
antidumping duty assessment rate for the China-wide entity.
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\30\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full
discussion of this practice.
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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 the notice of
the final results of this administrative review 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 established in the final results of this review for the
company (except, if the rate is de minimis, then a cash deposit rate of
zero will be required); (2) for a previously investigated or reviewed
exporter of subject merchandise not listed in the final results of
review 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(s) that
supplied that non-China exporter.
These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice also serves as a preliminary 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, 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 these preliminary results of review
in accordance with sections 751(a)(l) and 777(i)(l) of the Act, and 19
CFR 351.213 and 351.221(b)(4).
Dated: September 29, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Affiliation and Single Entity Treatment
VI. Preliminary Determination of No Shipments
VII. Selection of Respondents
VIII. Discussion of Methodology
IX. Currency Conversion
X. Recommendation
[FR Doc. 2023-22238 Filed 10-5-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on October 6, 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.