Notice2024-07586
Certain Steel Racks and Parts Thereof From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final 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
April 10, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that certain exporters under review sold subject merchandise at below normal value during the period of review (POR), September 1, 2021, through August 31, 2022. Additionally, Commerce determines that Hebei Minmetals Co., Ltd. (Hebei Minmetals) and Xiamen Luckyroc Industry Co., Ltd., (Xiamen Luckyroc) had no shipments of subject merchandise during the POR.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 70 (Wednesday, April 10, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 70 (Wednesday, April 10, 2024)]
[Notices]
[Pages 25235-25238]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-07586]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-088]
Certain Steel Racks and Parts Thereof From the People's Republic
of China: Final Results of Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain exporters under review sold subject merchandise at below normal
value during the period of review (POR), September 1, 2021, through
August 31, 2022. Additionally, Commerce determines that Hebei Minmetals
Co., Ltd. (Hebei Minmetals) and Xiamen Luckyroc Industry Co., Ltd.,
(Xiamen Luckyroc) had no shipments of subject merchandise during the
POR.
DATES: Applicable April 10, 2024.
FOR FURTHER INFORMATION CONTACT: Elizabeth Bremer or Jonathan Hill, 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) 482-4987 and (202)
482-3518, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 6, 2023, Commerce published the Preliminary Results in
the Federal Register and invited interested parties to comment on those
results.\1\ On January 29, 2024, Commerce extended the deadline to
issue the final results of this review until April 3,
[[Page 25236]]
2024.\2\ For details regarding the events that occurred subsequent to
publication of the Preliminary Results, see the Issues and Decision
Memorandum.\3\ Commerce conducted this administrative review in
accordance with section 751 of the Tariff Act of 1930, as amended (the
Act).
---------------------------------------------------------------------------
\1\ See 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, 88 FR 69612 (October 6,
2023) (Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated January 29, 2024.
\3\ See Memorandum, ``Decision Memorandum for the Final Results
of the Administrative Review of the Antidumping Duty Order on
Certain Steel Racks and Parts Thereof from the People's Republic of
China; 2021-2022,'' dated concurrently with, and hereby adopted by,
this notice.
---------------------------------------------------------------------------
Scope of the Order <SUP>4</SUP>
---------------------------------------------------------------------------
\4\ See 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).
---------------------------------------------------------------------------
The merchandise covered by the Order is steel racks and parts
thereof. A full description of the scope of the Order is provided in
the Issues and Decision Memorandum.
Analysis of Comments Received
We addressed all the issues raised in the case and rebuttal briefs
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 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 a review of the record and comments received from
interested parties regarding the Preliminary Results, we corrected
several errors in our preliminary dumping margin calculations and
increased the U.S. sales prices reported by Ningbo Xinguang Rack Co.,
Ltd./Ningbo Jiabo Rack Co., Ltd./Ningbo Lede Hardware Co., Ltd.
(Xinguang Rack) by the amount of countervailing duties imposed on
subject merchandise to offset an export subsidy.\5\
---------------------------------------------------------------------------
\5\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------
Final Determination of No Shipments
In the Preliminary Results, Commerce determined that Hebei
Minmetals and Xiamen Luckyroc did not export or sell subject
merchandise during the POR, nor did they have knowledge that their
subject merchandise was entered into the United States during the
POR.\6\ No interested parties commented on Hebei Minmetals or Xiamen
Luckyroc's no-shipments claims. Consequently, Commerce determines that
Hebei Minmetals and Xiamen Luckyroc did not export or sell subject
merchandise during the POR, or have knowledge of U.S. entries of their
subject merchandise during the POR.
---------------------------------------------------------------------------
\6\ See Preliminary Results PDM at 3-4.
---------------------------------------------------------------------------
Separate Rates
Commerce has continued to grant Jiangsu Nova Intelligent Logistics
Equipment Co., Ltd. (Nova), Xinguang Rack, Jiangsu JISE Intelligent
Storage Equipment Co., Ltd. (JISE), and Nanjing Kingmore Logistics
Equipment Manufacturing Co., Ltd. (Kingmore) separate rate status.\7\
No parties commented on Commerce's preliminary decision to do so.
---------------------------------------------------------------------------
\7\ Id. at 13.
---------------------------------------------------------------------------
Finally, while Nanjing Dongsheng Shelf Manufacturing Co., Ltd. and
Nanjing Ironstone Storage Equipment Co., Ltd. contend that they should
be granted a separate rate, we have continued to find it is appropriate
to reject their untimely filed separate rate information and deny these
companies a separate rate.\8\
---------------------------------------------------------------------------
\8\ Id. at 13-14; see also Issues and Decision Memorandum at
Comments 7 and 8.
---------------------------------------------------------------------------
Rate for Non-Examined Separate Rate Respondents
The statute and Commerce's regulations do not address what
weighted-average dumping margin to apply to respondents 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 dumping margin for
respondents that are not individually examined 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
determined for individually-examined respondents, excluding rates that
are zero, de minimis, or based entirely on facts available. When the
rates determined for examined respondents are all 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 all-others rate.
The final weighted-average dumping margins calculated for the
mandatory respondents Nova and Xinguang Rack are not zero, de minimis,
or based entirely on facts available. Therefore, we calculated a
weighted-average dumping margin for the non-individually examined
respondents (to which we granted separate rate status) by weight
averaging Nova's and Xinguang Rack's weighted-average dumping margins
using the publicly ranged values of their sales of subject merchandise
during the POR, consistent with the guidance in section 735(c)(5)(A) of
the Act.\9\
---------------------------------------------------------------------------
\9\ See Memorandum, ``Calculation of the Dumping Margin for
Respondents Not Selected for Individual Examination for the Final
Results,'' dated concurrently with this notice.
---------------------------------------------------------------------------
Final Results of Review
We have determined the following estimated weighted-average dumping
margins for the companies listed below for the period September 1,
2021, through August 31, 2022:
------------------------------------------------------------------------
Weighted-average
Exporter dumping margins
(percent)
------------------------------------------------------------------------
Jiangsu Nova Intelligent Logistics Equipment Co., 11.44
Ltd................................................
Ningbo Xinguang Rack Co., Ltd./Ningbo Jiabo Rack 26.90
Co., Ltd./Ningbo Lede Hardware Co., Ltd............
------------------------------------------------------------------------
Review-Specific Rate Applicable to Non-Examined Companies
------------------------------------------------------------------------
Jiangsu JISE Intelligent Storage Equipment Co., Ltd. 12.73
Nanjing Kingmore Logistics Equipment Manufacturing 12.73
Co., Ltd...........................................
------------------------------------------------------------------------
[[Page 25237]]
Disclosure
Commerce intends to disclose to parties to the proceeding the
calculations performed for these final results of review within five
days of the date of publication of this notice in the Federal Register
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 will determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise covered by the final results of this review. Commerce
intends to issue assessment instructions to CBP no earlier than 35 days
after the date of publication date 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 Nova and Xinguang Rack, we calculated importer-specific
assessment rates in accordance with 19 CFR 351.212(b)(1).\10\ Where the
respondent reported reliable entered values, we calculated importer-
specific ad valorem assessment rates by dividing the total amount of
dumping calculated for all reviewed U.S. sales to the importer by the
total entered value of the subject merchandise sold to the
importer.\11\ Where the respondent did not report entered values, we
calculated importer-specific per-unit assessment rates by dividing the
total amount of dumping calculated for all reviewed U.S. sales to the
importer by the total quantity of those sales. We also calculated an
estimated ad valorem importer-specific assessment rate to determine
whether the per-unit assessment rate is de minimis (i.e., 0.50 percent
or less).\12\
---------------------------------------------------------------------------
\10\ 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).
\11\ See 19 CFR 351.212(b)(1).
\12\ Id.
---------------------------------------------------------------------------
Where an importer-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 an importer-specific ad
valorem assessment rate is zero or de minimis, Commerce will instruct
CBP to liquidate the appropriate entries without regard to antidumping
duties.
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 under the CBP case number of the respondent,
Commerce will instruct CBP to liquidate any entries of such merchandise
at the weighted-average dumping margin for the China-wide entity (i.e.,
144.50 percent).\13\ Additionally, where Commerce determines that an
exporter under review made no shipments of subject merchandise during
the POR, Commerce will instruct CBP to liquidate any suspended entries
of subject merchandise that entered under that exporter's CBP case
number during the POR at the weighted-average dumping margin for the
China-wide entity.
---------------------------------------------------------------------------
\13\ See Order, 84 FR at 48586.
---------------------------------------------------------------------------
The antidumping duty assessment rates for JISE and Kingmore, the
companies not individually examined in this administrative review that
qualified for a separate rate, will be equal to the weighted-average
dumping margin listed for JISE and Kingmore in the table above.
For Nanjing Dongsheng Shelf Manufacturing Co., Ltd. and Nanjing
Ironstone Storage Equipment Co., Ltd., the companies not eligible for a
separate rate and which Commerce considers to be part of the China-wide
entity, the assessment rate will be equal to the weighted-average
dumping margin for the China-wide entity, i.e., 144.50 percent.\14\
---------------------------------------------------------------------------
\14\ Id.
---------------------------------------------------------------------------
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 this notice in
the Federal Register, as provided for by section 751(a)(2)(C) of the
Act: (1) for the companies listed in the table above, the cash deposit
rate will be equal to the weighted-average dumping margin listed for
the company in the table; (2) for a previously investigated or reviewed
exporter of subject merchandise not listed in the table above 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 that supplied that non-China exporter.
These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers Regarding the Reimbursement of Duties
This notice also serves as a final 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.
Administrative Protective Order (APO)
This notice also serves as a reminder to parties subject to APO of
their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305, 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 violation which is subject to
sanction.
Notification to Interested Parties
We are issuing these final results of administrative review and
publishing this notice in accordance with sections 751(a)(1) and 777(i)
of the Act and 19 CFR 351.213(h)(2) and 351.221(b)(5).
Dated: April 3, 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. Changes Since the Preliminary Results
V. Discussion of the Issues
[[Page 25238]]
Comment 1: Whether Commerce Selected the Appropriate Surrogate
Country
Comment 2: Whether Commerce Properly Calculated Financial Ratios
Comment 3: Whether the Unit of Measure for Nova's Water
Consumption is Incorrect
Comment 4: Whether Commerce Made Errors When Calculating
Xinguang Rack's Dumping Margin
Comment 5: Whether Commerce Should Offset Xinguang Rack's Costs
for Steel Scrap Sold
Comment 6: Whether Commerce Should Adjust Xinguang Rack's U.S.
Sales Prices for Certain Export Subsidies
Comment 7: Whether Commerce Should Accept Dongsheng Shelf's SRC
and/or Voluntary Section A Questionnaire Response
Comment 8: Whether Commerce Should Accept Ironstone's SRC
VI. Recommendation
[FR Doc. 2024-07586 Filed 4-9-24; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on April 10, 2024.
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.