Notice2024-03074
Certain Metal Lockers and Parts Thereof From the People's Republic of China: Final Results of Countervailing 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
February 14, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies were provided to producers and exporters of certain metal lockers and parts thereof (metal lockers) from the People's Republic of China (China). The period of review (POR) is December 14, 2020, through December 31, 2021.
Full Text
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<title>Federal Register, Volume 89 Issue 31 (Wednesday, February 14, 2024)</title>
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[Federal Register Volume 89, Number 31 (Wednesday, February 14, 2024)]
[Notices]
[Pages 11251-11253]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-03074]
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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: Final Results of Countervailing Duty Administrative
Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies were provided to producers and exporters of
certain metal lockers and parts thereof (metal lockers) from the
People's Republic of China (China). The period of review (POR) is
December 14, 2020, through December 31, 2021.
DATES: Applicable February 14, 2024.
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 September 7, 2023, Commerce published the Preliminary
Results.\1\ For
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a complete description of the events that occurred subsequent to the
Preliminary Results, see the Issues and Decision Memorandum.\2\ On
December 18, 2023, in accordance with section 751(a)(3)(A) of the
Tariff Act of 1930, as amended (the Act), Commerce extended the
deadline for issuing the final results until February 6, 2024.\3\
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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 the Countervailing Duty Administrative Review; 2020-
2021, 88 FR 61514 (September 7, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of Countervailing Duty Administrative Review: Certain
Metal Lockers and Parts Thereof from the People's Republic of China;
2020-2021,'' dated concurrently with, and hereby adopted by, this
notice.
\3\ See Memorandum, ``Extension of Deadline for Final Results of
Countervailing Duty Administrative Review,'' dated December 18,
2023.
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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 merchandise subject to the Order are metal lockers from China.
A full description of the scope of the Order is contained in the Issues
and Decision Memorandum.
Analysis of Comments Received
All issues raised by interested parties in case and rebuttal briefs
are addressed in the Issues and Decision Memorandum. A list of the
issues addressed in the Issues and Decision Memorandum is provided in
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 our review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
changes to the countervailable subsidy rate calculations for mandatory
respondents Xingyi Metalworking (Zhejiang) Co., Ltd. (Xingyi
Metalworking) and Zhejiang Xingyi Metal Products Co., Ltd. (Zhejiang
Xingyi). As a result of these changes, the final rates for the two
companies under review which were not selected for individual
examination also changed.\5\ These changes are explained in the Issues
and Decision Memorandum.
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\5\ The two companies not selected for individual examination
are: Hangzhou Evernew Machinery & Equipment Company Limited, and
Hangzhou Xline Machinery & Equipment Co. Ltd.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(A) of the Act. For each of the subsidy programs found
countervailable, we find that there is a subsidy, i.e., a government-
provided financial contribution that gives rise to a benefit to the
recipient, and that the subsidy is specific.\6\ The Issues and Decision
Memorandum contains a full description of the methodology underlying
Commerce's conclusions, including any determination that relied upon
the use of adverse facts available pursuant to sections 776(a) and (b)
of the Act.
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\6\ 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.
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Companies Not Selected for Individual Examination
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
individual examination when Commerce limits its examination in an
administrative review pursuant to section 777A(e)(2) of the Act.
Generally, Commerce looks to section 705(c)(5) of the Act, which
provides instructions for determining the all-others rate in an
investigation, for guidance when calculating the rate for companies
which were not selected for individual examination in an administrative
review. Under section 705(c)(5)(A) of the Act, the all-others rate is
normally an amount equal to the weighted average of the countervailable
subsidy rates established for exporters and producers individually
investigated, excluding any zero or de minimis countervailable subsidy
rates, and any rates determined entirely on the basis of facts
available.
As stated above, there are two companies for which a review was
requested and not rescinded, and which were not selected as mandatory
respondents or found to be cross-owned with the mandatory respondents.
Because the rate calculated for the mandatory respondents in this
review, Xingyi Metalworking and Zhejiang Xingyi, is above de minimis
and not based entirely on facts available, we are applying Xingyi
Metalworking and Zhejiang Xingyi's subsidy rate to these non-selected
companies. This methodology used to establish the rate for the non-
selected companies is consistent with our practice regarding the
calculation of the all-others rate, pursuant to section 705(c)(5)(A)(i)
of the Act.
This is the same methodology Commerce applied in the Preliminary
Results for determining a rate for companies not selected for
individual examination. However, due to changes in the calculations for
Xingyi Metalworking and Zhejiang Xingyi, we revised the non-selected
rate accordingly. Consequently, for the two companies not selected for
individual examination and for which the review was not rescinded, we
are applying an ad valorem subsidy rate of 16.61 percent for 2020 and
22.72 percent for 2021.
Final Results of Review
We determine the following net countervailable subsidy rates exist
for the period December 14, 2020, through December 31, 2021:
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2020 subsidy rate 2021 subsidy rate
Producer/exporter (percent) (percent)
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Xingyi Metalworking Technology (Zhejiang) Co., Ltd.; Zhejiang Xingyi Metal 16.61 22.72
Products Co., Ltd........................................................
Hangzhou Evernew Machinery & Equipment Company Limited.................... 16.61 22.72
Hangzhou Xline Machinery & Equipment Co. Ltd.............................. 16.61 22.72
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Disclosure
Commerce intends to disclose its calculations and analysis
performed for these final results to interested parties within five
days of this notice in the Federal Register in accordance with 19 CFR
351.224(b).
Assessment Requirements
In accordance with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce has
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determined, and U.S. Customs and Border Protection (CBP) shall assess,
countervailing duties on all appropriate entries covered by this
review, for the above-listed companies at the applicable ad valorem
assessment rates listed for the corresponding time periods (i.e.,
December 14, 2020, to December 31, 2020, and January 1, 2021, to
December 31, 2021). Commerce intends to issue assessment instructions
to CBP no earlier than 35 days after 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).
Cash Deposit Requirements
In accordance with section 751(a)(1) of the Act, Commerce also
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amounts calculated for the year 2021 for
the above-listed companies with regard to shipments of subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after the date of publication of these final results of review. For all
non-reviewed firms, we will instruct CBP to 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, effective upon
publication of these final results, shall remain in effect until
further notice.
Administrative Protective Order
This notice also serves as a 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), 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 sanctionable violation.
Notification to Interested Parties
These final results are issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).
Dated: February 6, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the
Non-exclusive Functions and Duties of the 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. Non-Selected Companies Under Review
V. Subsidies Valuation
VI. Use of Facts Otherwise Available and Application of Adverse
Inferences
VII. Analysis of Programs
VIII. Discussion of the Issues
Comment 1: Valuation of Respondents' Inland Freight Expenses
Comment 2: Export Buyer's Credit Program
Comment 3: Whether Commerce Should Modify Less Than Adequate
Remuneration (LTAR) Benchmarks
IX. Recommendation
[FR Doc. 2024-03074 Filed 2-13-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on February 14, 2024.
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