Notice2024-23486
Certain Steel Racks and Parts Thereof From the People's Republic of China: Preliminary Results and Partial Rescission of the 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
October 10, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that the companies under review either sold certain steel racks and parts thereof (steel racks) from the People's Republic of China (China) in the United States at prices below normal value (NV) during the period of review (POR) September 1, 2022, through August 31, 2023, or do not qualify for a separate rate. Further, Commerce is rescinding this review with respect to six companies. Commerce invites interested parties to comment on the preliminary results of this review.
Full Text
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<title>Federal Register, Volume 89 Issue 197 (Thursday, October 10, 2024)</title>
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[Federal Register Volume 89, Number 197 (Thursday, October 10, 2024)]
[Notices]
[Pages 82213-82216]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23486]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-088]
Certain Steel Racks and Parts Thereof From the People's Republic
of China: Preliminary Results and Partial Rescission of the 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
determines that the companies under review either sold certain steel
racks and parts thereof (steel racks) from the People's Republic of
China (China) in the United States at prices below normal value (NV)
during the period of review (POR) September 1, 2022, through August 31,
2023, or do not qualify for a separate rate. Further, Commerce is
rescinding this review with respect to six companies. Commerce invites
interested parties to comment on the preliminary results of this
review.
DATES: Applicable October 10, 2024.
FOR FURTHER INFORMATION CONTACT: 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) 482-3518.
SUPPLEMENTARY INFORMATION:
Background
On September 6, 2023, Commerce published in the Federal Register a
notice of opportunity to request an administrative review of the
antidumping duty order on steel racks from China.\1\ After receiving
review requests, Commerce initiated this review with respect to nine
companies.\2\ On May 28, 2024, Commerce extended the deadline for
issuing the preliminary results of this review until September 27,
2024.\3\ On August 8, 2024, Commerce tolled certain deadlines in this
administrative review by seven days. The deadline for the final results
of this review is now October 4, 2024.\4\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 88 FR 60923 (September
6, 2023); see also 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).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 78298 (November 15, 2023) (Initiation
Notice).
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated May 28,
2024.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated August 8, 2024. Commerce
notes that the tolling of certain deadlines in administrative
proceedings actually occurred on 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 discussed in the Preliminary Decision Memorandum is
included as an
[[Page 82214]]
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 Antidumping Duty Administrative Review of Certain
Steel Racks and Parts Thereof from the People's Republic of China;
2022-2023,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Scope of the Order
The merchandise covered by the Order is steel racks from China. A
full description of the scope of the Order is contained in the
Preliminary Decision Memorandum.
Partial Rescission of the Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if all parties who
requested a review withdraw their requests within 90 days of the date
that the notice of initiation of the requested review was published in
the Federal Register. All requests to review the following companies
were timely withdrawn: (1) Nanjing Dongsheng Shelf Manufacturing Co.,
Ltd.; (2) Ningbo Xinguang Rack Co., Ltd.; and (3) Xiamen Luckyroc
Industry Co., Ltd.\6\ Therefore, consistent with 19 CFR 351.213(d)(1),
Commerce is rescinding this review with respect to Nanjing Dongsheng,
Ningbo Xinguang Rack, and Xiamen Luckyroc.
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\6\ See Nanjing Dongsheng Shelf Manufacturing Co., Ltd.'s
(Nanjing Dongsheng) Letter, ``Withdraw of Request for Administrative
Review,'' dated February 9, 2024; United Material Handling Inc.'s
(United Material) Letter, ``Withdraw of Request for Administrative
Review,'' dated February 9, 2024; and Ningbo Xinguang Rack Co.,
Ltd.'s (Ningbo Xinguang Rack) and Xiamen Luckyroc Industry Co.,
Ltd.'s (Xiamen Luckyroc) Letter, ``Withdrawal of Request for
Administrative Review,'' dated February 13, 2024.
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Further, pursuant to 19 CFR 351.213(d)(3), it is Commerce's
practice to rescind an administrative review of an antidumping duty
order where it concludes that there were no suspended entries of
subject merchandise during the POR.\7\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the
antidumping duty assessment rate for the review period.\8\ Therefore,
for an administrative review 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 antidumping duty
assessment rate for the review period.\9\ Commerce notified all
interested parties of its intent to rescind the instant review with
respect to Hebei Minmetals Co., Ltd. (Hebei), Nanjing Ironstone Storage
Equipment Co., Ltd. (Nanjing Ironstone), and Nanjing Kingmore Logistics
Equipment Manufacturing Co., Ltd. (Nanjing Kingmore) because there were
no reviewable, suspended entries of subject merchandise from these
companies during the POR \10\ and invited interested parties to comment
on Commerce's intention to rescind the review with respect to these
companies.\11\ We received no comments regarding this matter. In the
absence of any suspended entries of subject merchandise from these
companies during the POR, we are rescinding this administrative review
of Hebei, Nanjing Ironstone, Nanjing Kingmore, in accordance with 19
CFR 351.213(d)(3).
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\7\ See, e.g., Certain Carbon and Alloy Steel Cut-to Length
Plate from the Federal Republic of Germany: Recission of Antidumping
Administrative Review; 2020-2021, 88 FR 4154 (January 24, 2023).
\8\ See 19 CFR 351.212(b)(1).
\9\ See, e.g., Shanghai Sunbeauty Trading Co. v. United States,
380 F. Supp. 3d 1328, 1337 (CIT 2019), at 12 (referring to section
751(a) of the Act, the U.S. Court of International Trade held that
``{w{time} hile the statute does not explicitly require that an
entry be suspended as a prerequisite for establishing entitlement to
a review, it does explicitly state the determined rate will be used
as the liquidation rate for the reviewed entries. This result can
only obtain if the liquidation of entries has been suspended''; see
also Certain Frozen Fish Fillets from the Socialist Republic of
Vietnam: Final Results of Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2018-2019, 86 FR 36102 (July 8,
2021), and accompanying Issues and Decision Memorandum at Comment 4;
and Solid Fertilizer Grade Ammonium Nitrate from the Russian
Federation: Notice of Rescission of Antidumping Duty Administrative
Review, 77 FR 65532 (October 29, 2012) (noting that ``for an
administrative review to be conducted, there must be a reviewable,
suspended entry to be liquidated at the newly calculated assessment
rate'').
\10\ See Memorandum, ``Automated Commercial System Shipment
Query,'' dated November 30, 2023.
\11\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated July 16, 2024.
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Preliminary Affiliation and Single Entity Determination
Based on record evidence in this review, Commerce preliminarily
determines that mandatory respondent Jiangsu Nova Intelligent Logistics
Equipment Co., Ltd. (Jiangsu Nova) and the following companies are
affiliated, pursuant to section 771(33)(E) of the Tariff Act of 1930,
as amended (the Act), and that they should be treated as a single
entity, pursuant to 19 CFR 351.401(f)(1)-(2): (1) Nanjing Jinshidai
Storage Equipment Co., Ltd., and (2) Hebei Nova Intelligent Logistics
Equipment Co., Ltd. For additional information, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. Commerce calculated constructed export price
in accordance with section 772 of the Act. Further, because China is a
non-market economy (NME) country within the meaning of section 771(18)
of the Act, Commerce calculated NV in accordance with section 773(c) of
the Act. For a full description of the methodology underlying our
preliminary results, see the Preliminary Decision Memorandum.
Separate Rates
In all proceedings involving an NME country, Commerce maintains a
rebuttable presumption that all companies are subject to government
control and, thus, should be assessed a single weighted-average dumping
margin unless the company can affirmatively demonstrate an absence of
government control, both in law (de jure) and in fact (de facto), with
respect to its exports (i.e., can affirmatively demonstrate that it is
eligible for a separate rate).\12\ Commerce has preliminarily
determined that information placed on the record by Jiangsu Nova
demonstrates that this company is eligible for a separate rate.\13\
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\12\ See Notice of Final Determination of Sales at Less Than
Fair Value, and Affirmative Critical Circumstances, In Part: Certain
Lined Paper Products from the People's Republic of China, 71 FR
53079, 53082 (September 8, 2006); see also Final Determination of
Sales at Less Than Fair Value and Final Partial Affirmative
Determination of Critical Circumstances: Diamond Sawblades and Parts
Thereof from the People's Republic of China, 71 FR 29303, 29307 (May
22, 2006).
\13\ See Preliminary Decision Memorandum.
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However, Commerce has preliminarily determined that Jiangsu
Starshine Industry Equipment Co., Ltd. (Starshine) has not demonstrated
its eligibility for a separate rate because although it timely filed a
separate rate application, it was selected as a mandatory respondent
and failed to respond to Commerce's questionnaire. In the Initiation
Notice, Commerce stated that ``. . . exporters and producers who submit
a Separate Rate Application or Certification and subsequently are
selected as mandatory respondents will no longer be eligible for
separate rate status unless they respond to all parts of the
questionnaire as mandatory respondents.'' \14\ Therefore, we have not
granted Starshine a separate rate and have
[[Page 82215]]
treated it as part of the China-wide entity.
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\14\ See Initiation Notice, 88 FR at 78299.
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The China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\15\ Under this policy,
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,
which includes Starshine and Jiangsu JISE Intelligent Storage Equipment
Co., Ltd. (JISE),\16\ the entity is not under review, and the entity's
rate (i.e., 144.50 percent) \17\ is not subject to change.
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\15\ 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).
\16\ The record shows no suspended POR entries for JISE, and it
did not have a separate rate during the POR; thus, it remains part
of the China-wide entity.
\17\ See Order, 84 FR at 48585.
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Preliminary Results of Review
Commerce preliminarily determines that the following weighted-
average dumping margin exists for the period September 1, 2022, through
August 31, 2023:
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Weighted-average
Exporter dumping margin
(percent)
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Jiangsu Nova Intelligent Logistics Equipment Co., 10.14
Ltd./Nanjing Jinshidai Storage Equipment Co., Ltd./
Hebei Nova Intelligent Logistics Equipment Co.,
Ltd...............................................
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Disclosure and Public Comment
Commerce intends to disclose the calculations and analysis that it
performed in these preliminary results of review to parties to the
proceeding within five days of any public announcement of these
preliminary results or, if there is no public announcement, within five
days of the date of publication of this notice in the Federal Register
in accordance with 19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit
case briefs to Commerce no later than 30 days after the date of
publication of these preliminary results of review in the Federal
Register. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed no later than five days after the date for filing case
briefs.\18\ Interested parties who submit case briefs or rebuttal
briefs in this proceeding must submit: (1) a table of contents listing
each issue addressed; and (2) a table of authorities.\19\
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\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\ 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.\20\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
summaries included in the issues and decision memorandum that we will
issue for the final results in this administrative review. We request
that interested parties include footnotes for relevant citations in the
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).\21\
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\20\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\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 must submit a written hearing request to the
Assistant Secretary for Enforcement and Compliance, filed
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
Requests should contain: (1) the requesting party's name, address, and
telephone number; (2) the number of individuals from the requesting
party that will attend the hearing and whether any of those individuals
is a foreign national; and (3) a list of the issues the party intends
to discuss at the hearing. Issues raised in the hearing by a party will
be limited to those raised in the party's case and rebuttal briefs. An
electronically filed hearing request must be received successfully in
its entirety by Commerce's electronic records system, ACCESS, by 5 p.m.
Eastern Time within 30 days after the date of publication of this
notice.
Assessment Rates
In accordance with section 751(a)(2)(C) of the Act, the assessment
of antidumping duties on entries of merchandise covered by the review
shall be based on the final results of this review. Therefore, upon
issuance of the final results of review, Commerce will determine, and
CBP shall assess, antidumping duties on all appropriate entries of
subject merchandise covered by this review.\22\
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\22\ See 19 CFR 351.212(b)(1).
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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of these preliminary results
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).
Commerce will calculate importer or customer-specific assessment
rates for the individually examined respondent, in accordance with 19
CFR 351.212(b)(1).\23\ Where the respondent reported reliable entered
values, Commerce will calculate importer or customer-specific ad
valorem assessment rates by dividing the total amount of dumping
calculated in the final results of this review for all reviewed U.S.
sales to the importer/customer by the total entered value of the
merchandise sold to the importer/customer.\24\ Where the respondent did
not report entered values, Commerce will calculate importer or
customer-specific per-unit assessment rates by dividing the total
amount of dumping calculated in the final results of this
[[Page 82216]]
review for all reviewed U.S. sales to the importer/customer by the
total quantity of those sales. While Commerce will calculate estimated
ad valorem importer or customer-specific assessment rates to determine
whether the per-unit assessment rates are de minimis, Commerce will use
the per-unit assessment rates where entered values were not
reported.\25\ Where either the respondent's ad valorem weighted-average
dumping margin is zero or de minimis, or an importer or customer-
specific ad valorem assessment rate is zero or de minimis,\26\ Commerce
will instruct CBP to liquidate the appropriate entries without regard
to antidumping duties.
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\23\ We applied the assessment rate calculation methodology
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).
\24\ See 19 CFR 351.212(b)(1).
\25\ Id.
\26\ See 19 CFR 351.106(c)(2).
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Pursuant to a refinement to Commerce's assessment practice, 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, Commerce will instruct CBP to liquidate any entries of
such merchandise at the antidumping duty assessment rate for the China-
wide entity.\27\
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\27\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full
discussion of this practice.
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Commerce will instruct CBP to liquidate entries of subject
merchandise exported by companies that are not eligible for a separate
rate and which are therefore considered to be part of the China-wide
entity, at the weighted-average dumping margin for the China-wide
entity, i.e., 144.50 percent.\28\
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\28\ See Order, 84 FR at 48586.
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Pursuant to a refinement to Commerce's assessment practice, 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, Commerce will instruct CBP to liquidate any entries of
such merchandise at the antidumping duty assessment rate for the China-
wide entity.\29\ Commerce will instruct CBP to liquidate entries of
subject merchandise exported by the companies for which it rescinded
the review at the cash deposit rate required at the time of entry.
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 the notice of
the final results of this administrative review in the Federal
Register, as provided for by section 751(a)(2)(C) of the Act: (1) for
an exporter granted a separate rate in the final results of this
review, the cash deposit rate will be equal to the weighted-average
dumping margin established in the final results of this review for the
exporter (except, if the rate is de minimis, then a cash deposit rate
of zero will be required); (2) for a previously investigated or
reviewed exporter of subject merchandise not under review 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(s) that supplied that non-China
exporter.
These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of its analysis of issues raised in case and rebuttal briefs, within
120 days of publication of these preliminary results of review in the
Federal Register, pursuant to section 751(a)(3)(A) of the Act.
Notification to Importers
This notice also serves as a preliminary 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.
Notification to Interested Parties
We are issuing and publishing these preliminary results of review
in accordance with sections 751(a)(l) and 777(i)(l) of the Act, and 19
CFR 351.213(h)(2) and 351.221(b)(4).
Dated: October 4, 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 in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Affiliation and Single Entity Treatment
V. Discussion of Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2024-23486 Filed 10-9-24; 8:45 am]
BILLING CODE 3510-DS-P
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