Notice2024-20780
Certain Metal Lockers and Parts Thereof From the People's Republic of China: Preliminary Results, Preliminary Determination of No Shipments, and Partial Rescission of Antidumping Duty Administrative Review; 2022-2023
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
September 13, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that certain exporters made sales of certain metal lockers and parts thereof (metal lockers) from the People's Republic of China (China) and that certain companies had no shipments of metal lockers from China during the period of review during the period of review (POR), August 1, 2022, through July 31, 2023. Additionally, Commerce is rescinding this review with respect to certain companies. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 178 (Friday, September 13, 2024)</title>
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[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Notices]
[Pages 74901-74904]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20780]
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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: Preliminary Results, Preliminary Determination of No
Shipments, and Partial Rescission of Antidumping Duty Administrative
Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that certain exporters made sales of certain metal lockers and parts
thereof (metal lockers) from the People's Republic of China (China) and
that certain companies had no shipments of metal lockers from China
during the
[[Page 74902]]
period of review during the period of review (POR), August 1, 2022,
through July 31, 2023. Additionally, Commerce is rescinding this review
with respect to certain companies. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable September 13, 2024.
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 August 20, 2021, Commerce published in the Federal Register the
antidumping duty Order on metal lockers from China.\1\ On August 2,
2023, Commerce published a notice of opportunity to request an
administrative review of the Order for the POR in the Federal
Register.\2\ On October 18, 2023, in accordance with 19 CFR
351.221(c)(1)(i), Commerce published a notice of initiation for this
administrative review in response to requests to review by interested
parties.\3\ On April 9, 2024, we extended the deadline for these
preliminary results, 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),
until August 30, 2024.\4\ On July 22, 2024, Commerce tolled certain
deadlines in this administrative proceeding by seven days.\5\ As a
result, the deadline for these preliminary results is now September 6,
2024.
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\1\ 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 Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 88 FR 50840 (August 2,
2023).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 71829 (October 18, 2023) (Initiation
Notice).
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated April 9,
2024.
\5\ 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 administrative review, see the Preliminary Decision
Memorandum.\6\ A list of topics included 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 found at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Certain Metal Lockers and Parts Thereof from the People's
Republic of China, 2022-2023,'' dated concurrently with this notice
(Preliminary Decision Memorandum).
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Scope of the Order
The products covered by the Order are metal lockers from China. For
a complete description of the Order, see the Preliminary Decision
Memorandum.
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), based on the timely withdrawal of
the requests for review, we are rescinding this administrative review
with respect to: (1) Zhejiang Safewell Security Technology Co., Ltd.
(Zhejiang Safewell); (2) Ningbo Safewell Group Smart Security Products
Co., Ltd. (Ningbo Safewell); (3) Ningbo Safewell Safes; (4) Xpedition
LLC (doing business as (DBA) Safewell Gr.) (Xpedition); and (5)
Safewell Group Holdings, Ltd. (Safewell Group).\7\ Furthermore, on
April 15, 2024, Commerce notified interested parties of its intent to
rescind the review with respect to the companies which had no
reviewable suspended entries of subject merchandise during the POR,
specifically with respect to: (1) Kunshan Dongchu Precision Machinery
Co., Ltd. (Kunshan Dongchu); and (2) Tianjin Jia Mei Metal Furniture
Ltd. (Tianjin Jia Mei).\8\ Commerce did not receive comments regarding
its intent to rescind the review, in part, and as a result, pursuant to
19 CFR 351.213(d)(3), in the absence of any suspended entries during
the POR from certain companies subject to the review, Commerce is
rescinding the review with respect to Kunshan Dongchu and Tianjin Jia
Mei.\9\
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\7\ See Zhejiang Safewell et al.'s Letters, ``No Shipment
Certifications,'' dated October 31, 2023; and ``Withdrawal of
Request for Administrative Review,'' dated October 31, 2023.
\8\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated April 15, 2024.
\9\ Id.
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Preliminary Determination of No Shipments
Based on the no-shipment certification provided by Zhejiang Xingyi
Metal Products Co., Ltd. (ZXM),\10\ as corroborated by the comments
provided by mandatory respondent Xingyi Metalworking Technology
(Zhejiang) Co., Ltd. (XMT) in response to our release of U.S. Customs
and Border Protection (CBP) entry data for the purpose of respondent
selection,\11\ we preliminarily determine that ZXM did not have any
shipments of subject merchandise to the United States during the POR.
However, we intend to request information from CBP to confirm that
there were no entries attributable to ZXM in the POR.\12\
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\10\ See ZXM's Letter, ``ZXM's Company Certification for Notice
of No Sales,'' dated November 17, 2023.
\11\ See XMT's Letter, ``Comments on CBP Data,'' dated November
24, 2023.
\12\ See Preliminary Decision Memorandum for further discussion.
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Further, on April 2, 2024, Commerce notified parties that, as a
result of its final results of changed circumstances review,\13\
Commerce determined it necessary to deselect and not examine Jiangsu
Wanlong Special Containers Co., Ltd. (Jiangsu Wanlong) as a mandatory
respondent, specifically because the record demonstrates that its
entries during the POR are not subject to the Orders.\14\ Accordingly,
we also preliminarily determine that Jiangsu Wanlong did not have any
shipments of subject merchandise to the United States during the POR.
Consistent with Commerce's practice in non-market economy (NME) cases,
we have not rescinded the review with respect to Jiangsu Wanlong and
ZXM, but we will continue the review of these companies and issue
instructions to CBP based on the final results of the review.\15\
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\13\ See Certain Metal Lockers and Parts Thereof from the
People's Republic of China: Final Results of Antidumping Duty
Changed Circumstances Reviews, and Revocation of the Antidumping and
Countervailing Duty Orders, in Part, 89 FR 22377 (April 1, 2024).
\14\ See Memorandum, ``Respondent Deselection and Selection of
Replacement Mandatory Respondent,'' dated April 2, 2024.
\15\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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The China-Wide Entity
Under Commerce's policy regarding the conditional review of the
China-wide entity,\16\ the China-wide entity will not be under review
unless a party specifically requests, or Commerce self-initiates, a
review of the entity. Because no party requested a review of the China-
wide entity in this review, the entity is not under review, and the
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entity's rate (i.e., 322.25 percent) is not subject to change. For
additional information, see the Preliminary Decision Memorandum.
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\16\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. Commerce has calculated export prices in
accordance with section 772(a) of the Act and constructed export prices
in accordance with section 772(b) of the Act. Because China is an NME,
within the meaning of section 771(18) of the Act, Commerce has
calculated normal value (NV) in accordance with section 773(c) of the
Act. For a full description of the methodology underlying Commerce's
preliminary results, see the Preliminary Decision Memorandum.
Preliminary Results of Review
We preliminarily determine 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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Xingyi Metalworking Technology (Zhejiang) Co., Ltd.. 61.44
Hangzhou Evernew Machinery & Equipment Company 22.67
Limited............................................
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice, in accordance
with 19 CFR 351.224(b). Interested parties may submit case briefs no
later than 30 days after the date of publication of these preliminary
results of review.\17\ Rebuttal briefs, limited to issues raised in
case briefs, may be submitted no later than five days after the
deadline date for case briefs.\18\ 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 brief 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.\19\ 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. Case and rebuttal briefs should be filed using ACCESS.\20\
Note that Commerce has amended certain of its requirements pertaining
to the service of documents in 19 CFR 351.303(f).\21\
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\17\ See 19 CFR 351.309(c)(1)(ii).
\18\ 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 Final Rule).
\19\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\20\ See, generally, 19 CFR 351.303.
\21\See APO and Service Final Rule.
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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, filed
electronically via Commerce's electric records system, ACCESS. An
electronically-filed request must be received successfully in its
entirety by 5:00 p.m. Eastern Time within 30 days after the date of
publication of this notice.\22\ Requests should contain the party's
name, address, and telephone number, the number of participants,
whether any participant is a foreign national, and a list of the issues
to be discussed. If a request for a hearing is made, Commerce intends
to hold the hearing at a time and date to be determined.\23\ Parties
should confirm by telephone the date and time of the hearing two days
before the scheduled date.
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\22\ See 19 CFR 351.310(c).
\23\ See 19 CFR 351.310(d).
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Assessment Rates
Upon issuance of the final results, Commerce will determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review, in accordance with 19 CFR 351.212(b)(1). Commerce
intends to issue assessment instructions to CBP 35 days after the
publication of the final results of this review. 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/customer-specific assessment rates equal
to the ratio of the total amount of dumping calculated for examined
sales to a particular importer/customer to the total entered value of
those sales, in accordance with 19 CFR 351.212(b)(1).\24\ Where the
respondents reported reliable entered values, Commerce intends to
calculate importer/customer-specific ad valorem assessment rates by
dividing the total amount of dumping calculated 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 respondents
did not report entered values, Commerce will calculate importer/
customer-specific assessment rates by dividing the total amount of
dumping calculated for all reviewed U.S. sales to the importer/customer
by the total quantity of those sales. Commerce will calculate an
estimated ad valorem importer/customer-specific assessment rate to
determine whether the per-unit assessment rate is de minimis; however,
Commerce will use the per-unit assessment rate where entered values
were not reported.\26\ Where an importer/customer-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
either the respondents' ad valorem weighted-average dumping margin is
zero or de minimis, or an importer/customer-specific ad valorem
assessment rate is zero or de minimis,\27\ Commerce will instruct CBP
to liquidate the appropriate
[[Page 74904]]
entries without regard to antidumping duties.
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\24\ In these preliminary results, Commerce 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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Pursuant to Commerce's refinement to its practice, for sales that
were not reported in the U.S. sales database submitted by a respondent
individually examined during this review, Commerce will instruct CBP to
liquidate the entry of such merchandise at the dumping margin assigned
to the China-wide entity.\28\ 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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\28\ 28 For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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For the companies for which this review is rescinded with these
preliminary results, we will instruct CBP to assess antidumping duties
on all appropriate entries at a rate equal to the cash deposit of
estimated antidumping duties required at the time of entry, or
withdrawal from warehouse, for consumption, during the POR, in
accordance with 19 CFR 351.212(c)(l)(i). For the companies rescinded
from review, Commerce intends to issue assessment instructions to CBP
35 days after the publication of this notice in the Federal Register.
In accordance with section 751(a)(2)(C) of the Act, the final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated ADs, where
applicable.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for all shipments of
the subject merchandise from China entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
notice of the final results of administrative review in the Federal
Register, as provided for by section 751(a)(2)(C) of the Act: (1) for
the companies that have a separate rate, the cash deposit rate will be
that rate established in the final results of this review (except, if
the rate is de minimis, then a cash deposit rate of zero will be
required); (2) for previously investigated or reviewed Chinese and non-
Chinese exporters for which a review was not requested and that
received a separate rate in a prior segment of this proceeding, the
cash deposit rate will continue to be the existing exporter-specific
rate; (3) for all Chinese exporters of subject merchandise that have
not been found to be entitled to a separate rate, the cash deposit rate
will be the rate for the China-wide entity (i.e., 322.25 percent); and
(4) for all non-Chinese exporters of subject merchandise that have not
received their own rate, the cash deposit rate will be the rate
applicable to the Chinese exporter that supplied that non-Chinese
exporter. These cash deposit requirements, when imposed, shall remain
in effect until further notice.
Final Results of Review
Unless otherwise extended, we intend to issue the final results of
this administrative review, which will include the results of our
analysis of the issues raised in the case and rebuttal briefs, within
120 days of publication of these preliminary results in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR
351.213(h).
Notification to Importers
This notice also serves as a preliminary 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 review period.
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 the preliminary results of this
review in accordance with sections 751(a)(l) and 777(i)(l) of the Act,
19 CFR 351.213(d)(4), 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. Preliminary Determination of No Shipments
V. Partial Recission of Administrative Review
VI. Discussion of the Methodology
VII. Adjustment Under Section 777(A)(f) of the Act
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2024-20780 Filed 9-12-24; 8:45 am]
BILLING CODE 3510-DS-P
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