Notice2024-02638
Certain Metal Lockers and Parts Thereof From the People's Republic of China: Final Results 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
February 9, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) finds that Zhejiang Xingyi Metal Products Co., Ltd. (ZXM)/Xingyi Metalworking Technology (Zhejiang) Co., Ltd. (XMT) (collectively, ZXM/XMT) and Hangzhou Evernew Machinery & Equipment Company Limited/Zhejiang Yinghong Metalworks Co., Ltd. (Hangzhou Evernew) 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.
Full Text
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<title>Federal Register, Volume 89 Issue 28 (Friday, February 9, 2024)</title>
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[Federal Register Volume 89, Number 28 (Friday, February 9, 2024)]
[Notices]
[Pages 9123-9125]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-02638]
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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: Final Results 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) finds that Zhejiang
Xingyi Metal Products Co., Ltd. (ZXM)/Xingyi Metalworking Technology
(Zhejiang) Co., Ltd. (XMT) (collectively, ZXM/XMT) and Hangzhou Evernew
Machinery & Equipment Company Limited/Zhejiang Yinghong Metalworks Co.,
Ltd. (Hangzhou Evernew) 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.
DATES: Applicable February 9, 2024.
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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 September 8, 2023, Commerce published the Preliminary Results in
the Federal Register.\1\ On December 19, 2023, Commerce extended the
deadline of the final results of this administrative review to February
6, 2024 in accordance with section 751(a)(3)(A) of the Tariff Act of
1930, as amended (the Act), and 19 CFR 351.213(h)(2).\2\ For a complete
description of the events that followed the Preliminary Results, see
the Issues and Decision Memorandum.\3\ Commerce conducted this review
in accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act).
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\1\ See Certain Metal Lockers and Parts Thereof from the
People's Republic of China: Preliminary Results and Partial
Rescission of Antidumping Duty Administrative Review, 88 FR 62061
(September 8, 2023) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated December 19, 2023.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Order on Certain Metal Lockers and Parts Thereof from the People's
Republic of China; 2021-2022,'' dated concurrently with this notice
(Issues and Decision Memorandum).
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Scope of the Order <SUP>4</SUP>
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\4\ 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).
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The products covered by the Order are metal lockers from China. For
a complete description of the Order, see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum. A list of the issues that parties
raised and to which we responded in the Issues and Decision Memorandum
is attached as the appendix to this notice. The Issues and 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 Issues and Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding the Preliminary Results, we made certain
changes to the margin calculations for Hangzhou Evernew and ZXM/XMT.\5\
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\5\ For a full description of these changes, see the Issues and
Decision Memorandum.
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Rate for Non-Examined Separate Rate Respondents
In the Preliminary Results, we determined that three non-
individually examined companies are eligible for separate rates in this
administrative review.\6\ We did not receive any comments or argument
since the issuance of the Preliminary Results that provide a basis for
reconsideration of this determination. Therefore, for these final
results, we continue to find that Kunshan Dongchu Precision Machinery
Co., Ltd., Tianjin Jia Mei Metal Furniture Ltd., and Zhejiang Focus-On
Import & Export Co., Ltd. qualify for a separate rate in this review.
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\6\ See Preliminary Results PDM at the ``Separate Rate
Determination'' section for further details.
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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. Accordingly, for the final results of this review,
we are assigning to the non-selected separate rate respondents an
estimated weighted-average dumping margin based on the average of
Hangzhou Evernew and ZXM/XMT weighted-average dumping margins weighted
by their publicly available ranged U.S. sales values.
Final Results of Review
Commerce determines 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./Xingyi Metalworking 59.52
Technology (Zhejiang) Co., Ltd.............................
Hangzhou Evernew Machinery & Equipment Company Limited/ 190.01
Zhejiang Yinghong Metalworks Co., Ltd.\7\..................
Kunshan Dongchu Precision Machinery Co., Ltd................ 75.08
Tianjin Jia Mei Metal Furniture Ltd......................... 75.08
Zhejiang Focus-On Import & Export Co., Ltd.................. 75.08
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Disclosure
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\7\ We preliminarily found 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 the Preliminary Results. See
Preliminary Results PDM at the ``Single Entity Analysis'' section
for further discussion of the preliminary collapsing determination.
We received no comments from interested parties on this preliminary
determination; thus, we continue to find these companies should be
treated as a single entity for purposes of these final results.
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Commerce intends to disclose the calculations performed in
connection with these final results to interested parties within five
days of the date of publication of this notice, 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),
Commerce determined, and U.S. Customs and Border Protection (CBP) shall
assess, antidumping duties on all appropriate entries of subject
merchandise in accordance with the final results of this review.
Pursuant to 19 CFR 351.212(b)(1), where ZXM/XMT and Hangzhou Evernew
reported the entered values of their U.S. sales, we calculated
importer-specific antidumping duty assessment rates by aggregating the
total amount of dumping calculated for the examined sales of each
importer and dividing each of these amounts by the total entered value
associated with those sales. Where ZXM/XMT and Hangzhou Evernew did not
report entered value, we calculated a per-unit assessment rate for each
importer by dividing the total amount of dumping calculated for the
examined sales made to that importer by the total quantity associated
with those sales. To determine whether an
[[Page 9125]]
importer-specific, per-unit assessment rate is de minimis, in
accordance with 19 CFR 351.106(c)(2), we also calculated an importer-
specific ad valorem ratio based on estimated entered values. Where
either a respondent's weighted-average dumping margin is zero or de
minimis within the meaning of 19 CFR 351.106(c)(1), or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
Pursuant to a refinement in our non-market economy practice, for sales
that were not reported in the U.S. sales data submitted by ZXM/XMT and
Hangzhou Evernew during this review, we will instruct CBP to liquidate
entries associated with those sales at the rate for the China-wide
entity.\8\
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\8\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65695 (October 24, 2011) for a
full discussion of this practice.
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For the respondents which were not selected for individual
examination in this administrative review, and which qualified for a
separate rate, the assessment rate will be equal to the weighted-
average dumping margin assigned to them for the final results.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of these final results. 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).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of administrative review for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on, or after, the publication date of the final results
of review, as provided for by section 751(a)(2)(C) of the Act: (1) the
cash deposit rates for the companies identified above in the ``Final
Results of Review'' section will be equal to the company-specific
weighted-average dumping margin established in the final results of
this administrative review; (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
Chinese exporters of subject merchandise that do not have a separate
rate, the cash deposit rate will be the cash deposit rate established
for the China-wide entity, i.e., 322.25 percent; \9\ and (4) for all
exporters of subject merchandise that are not located in China and that
are not eligible for a separate rate, the cash deposit rate will be the
rate applicable to the China exporter(s) that supplied that non-Chinese
exporter. These deposit requirements, when imposed, shall remain in
effect until further notice.
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\9\ See Certain Metal Lockers and Parts Thereof from the
People's Republic of China: Notice of Court Decision Not in Harmony
With the Final Determination of Antidumping Duty Investigation;
Notice of Amended Final Determination, 88 FR 70644 (October 12,
2023).
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As discussed in the Preliminary Results, we preliminarily
determined that the record no longer supports a finding that ZXM should
be collapsed with XMT subsequent to January 13, 2022, as ZXM ceased
involvement with the production and/or exportation of subject
merchandise prior to the POR, was acquired by an unrelated third-party
a month prior, and all indicia of affiliation and/or control between
the two companies ceased as of that date.\10\ 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. This finding has not changed for the final results as no
new evidence to the contrary has been timely placed on the record.
Therefore, because XMT remains the only component of the former ZXM/XMT
entity involved in the exportation of subject merchandise in the final
results, we will assign the cash deposit rate only to XMT as the
exporter, and instruct CBP to discontinue the ZXM/XMT combination rate.
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\10\ See Preliminary Results, 88 FR at 62063.
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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 and/or countervailing duties
prior to liquidation of the relevant entries during this 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.
Administrative Protective Order
This notice also serves as the final reminder to parties subject to
an administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return/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 sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(l) and 777(i)(l) of the Act, 19 CFR 351.221(b)(5) and
19 CFR 351.213(h)(1).
Dated: February 2, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes From the Preliminary Results
V. Discussion of the Issues
Comment 1: Surrogate Country Selection
Comment 2: Selection of Surrogate Value (SV) for ZXM/XMT's
Pickling Board Inputs
Comment 3: Selection of SV for Hangzhou Evernew's Cold-Rolled
Steel Inputs
Comment 4: Application of Adverse Facts Available (AFA) in
Selecting the SV for Hangzhou Evernew's Ocean Freight Expenses
Comment 5: Deduction of Section 301 Duties From U.S. Price
Comment 6: Issuance of Importer-Specific Liquidation
Instructions
Comment 7: Ministerial Error--Export Subsidy Adjustment for
Hangzhou Evernew and ZXM/XMT
VI. Recommendation
[FR Doc. 2024-02638 Filed 2-8-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on February 9, 2024.
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