Notice2024-20759
Certain Metal Lockers and Parts Thereof From the People's Republic of China: Preliminary Results and Intent To Rescind, in Part, of Countervailing Duty Administrative Review; 2022
Primary source
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Published
September 12, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily 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 January 1, 2022, through December 31, 2022. In addition, Commerce, intends to rescind this review with respect to four companies. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 177 (Thursday, September 12, 2024)</title>
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[Federal Register Volume 89, Number 177 (Thursday, September 12, 2024)]
[Notices]
[Pages 74204-74206]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20759]
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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: Preliminary Results and Intent To Rescind, in Part,
of Countervailing Duty Administrative Review; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
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 January 1, 2022, through December 31, 2022. In
addition, Commerce, intends to rescind this review with respect to four
companies. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable September 12, 2024.
FOR FURTHER INFORMATION CONTACT: Laura Delgado, 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) 482-1468.
SUPPLEMENTARY INFORMATION:
Background
On October 18, 2023, based on timely requests for review, Commerce
initiated this administrative review of the countervailing duty order
on metal lockers from China.\1\ On December 18, 2023, Commerce selected
Hangzhou Evernew Machinery and Equipment Company Limited (Hangzhou
Evernew) and Xingyi Metalworking Technology (Zhejiang) Co., Ltd.
(Xingyi Metalworking) as the mandatory respondents in this review.\2\
On April 1, 2024, Commerce extended the deadline for the preliminary
results of this review until August 30, 2024.\3\ On July 22, 2024,
Commerce tolled certain deadlines in this administrative proceeding by
seven days,\4\ and therefore the deadline for these preliminary results
is September 6, 2024.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 71829 (October 18, 2023) (Initiation
Notice); see also 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 Memorandum, ``Respondent Selection,'' dated December 19,
2023.
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated April
1, 2024.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\5\
A list of topics included in the Preliminary Decision Memorandum is
provided in the 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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\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Countervailing Duty
Order on Certain Metal Lockers and Parts Thereof from the People's
Republic of China; 2022,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
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[[Page 74205]]
Scope of the Order
The product covered by the Order is metal lockers from China. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
Intent To Rescind Administrative Review, in Part
It is Commerce's practice to rescind an administrative review of a
countervailing duty order, pursuant to 19 CFR 351.213(d)(3), when there
are no reviewable entries of subject merchandise during the POR for
which liquidation is suspended.\6\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the
countervailing duty assessment rate calculated for the review
period.\7\ Therefore, for an administrative review of a company to be
conducted, there must be a reviewable, suspended entry that Commerce
can instruct U.S. Customs and Border Protection (CBP) to liquidate at
the calculated countervailing duty assessment rate calculated for the
review period.\8\
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\6\ See Preliminary Decision Memorandum at ``Partial Rescission
of Administrative Review.''
\7\ See 19 CFR 351.212(b)(2).
\8\ See 19 CFR 351.213(d)(3).
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According to the CBP import data on the record, there are four
companies subject to this review that did not have reviewable entries
of subject merchandise during the POR for which liquidation is
suspended: Kunshan Dongchu Precision Machinery Co., Ltd.; Pingchu
Chenda Storage Office Co., Ltd.; Tianjin Jia Mei Metal Furniture Ltd.;
and Zhejiang Xingyi Metal Products Co., Ltd. Accordingly, in the
absence of reviewable, suspended entries of subject merchandise during
the POR, we intend to rescind this administrative review with respect
to these four companies, in accordance with 19 CFR 351.213(d)(3).
Methodology
Commerce is conducting this administrative review in accordance
with 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For
each of the subsidy programs found countervailable, Commerce
preliminarily determines that there is a subsidy, i.e., a financial
contribution by an ``authority'' that gives rise to a benefit to the
recipient, and that the subsidy is specific.\9\ For a full description
of the methodology underlying our conclusions, including our reliance,
in part, on facts otherwise available with adverse inferences pursuant
to sections 776(a) and (b) of the Act, see the Preliminary Decision
Memorandum.
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\9\ 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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Rate for Non-Selected Companies Under Review
The Act and Commerce's regulations do not address the establishment
of a rate to apply 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. However, Commerce normally
determines the rates for non-selected companies in reviews in a manner
that is consistent with section 705(c)(5) of the Act, which provides
instructions for calculating the all-others rate in an investigation.
Section 777A(e)(2) of the Act provides that ``the individual
countervailable subsidy rates determined under subparagraph (A) shall
be used to determine the all-others rate under section 705(c)(5) {of
the Act{time} .'' Section 705(c)(5)(A) of the Act states that for
companies not investigated, in general, we will determine an all-others
rate by weight averaging the countervailable subsidy rates established
for each of the companies individually investigated, excluding zero and
de minimis rates or any rates based entirely on facts available.
Accordingly, to determine the rate for companies not selected for
individual examination, Commerce's practice is to weight average the
net subsidy rates for the selected mandatory respondents, excluding
rates that are zero, de minimis, or based entirely on facts
available.\10\ In this administrative review, we calculated preliminary
individual estimated countervailable subsidy rates for Hangzhou Evernew
and Xingyi Metalworking that are not zero, de minimis, or based
entirely on facts otherwise available. Commerce calculated the rate
assigned to the companies under review that were not selected for
individual examination using a simple average of the individual
estimated subsidy rates calculated for the examined respondents.\11\
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\10\ See, e.g., Certain Pasta from Italy: Final Results of the
13th (2008) Countervailing Duty Administrative Review, 75 FR 37386,
37387 (June 29, 2010).
\11\ With two respondents under examination, Commerce normally
calculates: (A) a weighted-average of the estimated subsidy rates
calculated for the examined respondents; (B) a simple average of the
estimated subsidy rates calculated for the examined respondents; and
(C) a weighted-average of the estimated subsidy rates calculated for
the examined respondents using each company's publicly-ranged U.S.
sales values for the merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate closest to (A) as
the most appropriate rate for all other producers and exporters.
See, e.g., Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53662
(September 1, 2010), and accompanying Issues and Decision Memorandum
at Comment 1. As complete publicly ranged sales data were not
available, Commerce based the all-others rate on a simple average of
the mandatory respondents' estimated subsidy rates.
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Preliminary Results of Review
As a result of this review, we preliminarily determine the
following net countervailable subsidy rates exist for the POR, January
1, 2022, through December 31, 2022:
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\12\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
Hangzhou Evernew: Zhejiang Yinghong Metalware Co., Ltd.
\13\ In the Initiation Notice, we initiated a review of both
Hangzhou Xline Machinery and Hangzhou Xline Machinery & Equipment
Co., Ltd. We preliminarily determine that these are two names for
the same company, and thus, we are assigning the non-selected rate
to the full name of the company, Hangzhou Xline Machinery &
Equipment Co., Ltd.
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Subsidy rate
Company (percent ad valorem)
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Hangzhou Evernew Machinery & Equipment Company 15.35
\12\.............................................
Xingyi Metalworking Technology (Zhejiang) Co., Ltd 22.82
Hangzhou Xline Machinery & Equipment Co., Ltd \13\ 19.09
Jiangsu Wanlong Special Containers Co., Ltd....... 19.09
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Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties for these preliminary results within
five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
[[Page 74206]]
Public Comment
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs to Commerce no later than 30 days after the date of publication
of this notice. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed not later than five days after the date for filing
case briefs.\14\ Interested parties who submit case briefs or rebuttal
briefs in this proceeding must submit: (1) a table of contents listing
each issue; and (2) a table of authorities.\15\ All briefs must be
filed electronically using ACCESS. An electronically filed document
must be received successfully in its entirety in ACCESS by 5:00 p.m.
Eastern Time on the established deadline.
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\14\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Procedures).
\15\ See 19 351.309(c)(2) and (d)(2)
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their briefs that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\16\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final results in this administrative review. We
request that interested parties include footnotes for relevant
citations in the public executive summary of each issue. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\17\
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\16\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\17\ See APO and Service Procedures.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS by 5:00 p.m. Eastern Time within 30 days after the date of
publication of this notice. Requests should contain: (1) the party's
name, address, and telephone number; (2) the number of participants;
and (3) a list of issues to be discussed. Oral presentations at the
hearing will be limited to issues raised in the briefs. If a request
for a hearing is made, Commerce will inform parties of the scheduled
date for the hearing.\18\
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\18\ See 19 CFR 351.310(d).
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Assessment Rates
Consistent with section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final results, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
countervailing duties on all appropriate entries covered by this
review. For the companies for which we intend to rescind this review,
upon issuance of the final rescission, Commerce will instruct CBP to
assess CVDs on all appropriate entries at a rate equal to the cash
deposit of estimated CVDs required at the time of entry, or withdrawal
from warehouse, for consumption, during the period January 1, 2022,
through December 31, 2022. 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).
Cash Deposit Requirements
Pursuant to section 751(a)(2)(C) of the Act, Commerce intends to
instruct CBP to collect cash deposits of estimated countervailing
duties in the amount indicated above with regard to shipments of
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the final results of
this review. For all non-reviewed firms, we will instruct CBP to
continue to collect cash deposits of estimated countervailing duties at
the most recent company-specific or all-others rate applicable to the
company, as appropriate. These cash deposit instructions, when imposed,
shall remain in effect until further notice.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: September 6, 2024.
Abdelali Elouaradia,
Deputy 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. Intent to Rescind Administrative Review, in Part
V. Analysis of China's Financial System
VI. Diversification of China's Economy
VII. Use of Facts Otherwise Available and Adverse Inferences
VIII. Subsidies Valuation
IX. Benchmarks and Interest Rates
X. Analysis of Programs
XI. Rates for Non-Selected Companies
XII. Recommendation
[FR Doc. 2024-20759 Filed 9-11-24; 8:45 am]
BILLING CODE 3510-DS-P
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