Notice2025-06448
Certain Metal Lockers and Parts Thereof From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 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
April 16, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) finds that Xingyi Metalworking Technology (Zhejiang) Co., Ltd. (XMT) and Hangzhou Evernew Machinery & Equipment Company Limited (Hangzhou Evernew) sold certain metal lockers and parts thereof (metal lockers) from the People's Republic of China (China) at less than normal value during the period of review (POR), August 1, 2022, through July 31, 2023.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 72 (Wednesday, April 16, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 72 (Wednesday, April 16, 2025)]
[Notices]
[Pages 15953-15955]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-06448]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-133]
Certain Metal Lockers and Parts Thereof From the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review and Final Determination of No Shipments; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) finds that Xingyi
Metalworking Technology (Zhejiang) Co., Ltd. (XMT) and Hangzhou Evernew
Machinery & Equipment Company Limited (Hangzhou Evernew) sold certain
metal lockers and parts thereof (metal lockers) from the People's
Republic of China (China) at less than normal value during the period
of review (POR), August 1, 2022, through July 31, 2023.
DATES: Applicable April 16, 2025.
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 September 13, 2024, Commerce published the Preliminary Results
in the Federal Register.\1\ On December 9, 2024, Commerce tolled
certain deadlines in this administrative proceeding by 90 days.\2\ The
deadline for the final results of this administrative review is now
April 11, 2025. For a complete description of the events that followed
the Preliminary Results, see the Issues and Decision Memorandum.\3\
---------------------------------------------------------------------------
\1\ See 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, 89 FR 74901 (September 13, 2024) (Preliminary
Results), and accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final 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
(Issues and Decision Memorandum).
---------------------------------------------------------------------------
[[Page 15954]]
Scope of the Order <SUP>4</SUP>
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
The products covered by the Order are metal lockers from China. For
a complete description of the scope of the Order, see the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed 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 attached as 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 made certain
changes to the margin calculations for XMT. Further, due to Hangzhou
Evernew's refusal to allow verification of its information in this
segment of the proceeding,\5\ we determine that Hangzhou Evernew's
submitted data cannot be verified pursuant to section 776(a)(2)(D) of
the Tariff Act of 1930, as amended, (the Act). Further, due to the
company's failure to cooperate by not acting to the best of its ability
to comply with a request for information, we find that the application
facts available with an adverse inference (AFA) is warranted pursuant
to sections 776(a) and (b) of the Act. Accordingly, as Commerce
determines that Hangzhou Evernew's responses in this proceeding are
unverifiable and application of AFA appropriate, we conclude that the
respondent did not demonstrate eligibility to qualify for a separate
rate in this review and, thus, is considered a part of the China-wide
entity for the final results of this review.\6\
---------------------------------------------------------------------------
\5\ See Memorandum, ``Notification of Intent to Verify Hangzhou
Evernew,'' dated October 2, 2024; see also Hangzhou Evernew's
Letter, ``Response to the Department's Intent to Verify,'' dated
October 15, 2024.
\6\ For a full description of these changes, see the Issues and
Decision Memorandum.
---------------------------------------------------------------------------
The China-Wide Entity
Commerce's policy regarding the conditional review of the China-
wide entity applies to this administrative review.\7\ 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,
we did not review the entity in this segment of the proceeding. Thus,
the China-wide entity's rate (i.e., 322.25 percent) did not change.
Pursuant to the aforementioned finding that Hangzhou Evernew is not
eligible for a separate rate and is therefore part of the China-wide
entity, the 322.25 percent China-wide rate is the final weighted-
average dumping margin applicable to Hangzhou Evernew.
---------------------------------------------------------------------------
\7\ 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).
---------------------------------------------------------------------------
Final Determination of No Shipments
In the Preliminary Results, Commerce determined that Zhejiang
Xingyi Metal Products Co., Ltd. (ZXM) and Wanlong Special Containers
Co., Ltd. (Wanlong Special Containers) did not have shipments of
subject merchandise during the POR.\8\ As we received no information to
contradict our preliminary determination with respect to those
companies, we continue to find that they made no shipments of subject
merchandise to the United States during the POR.
---------------------------------------------------------------------------
\8\ Id.
---------------------------------------------------------------------------
Final Results of Review
Commerce determines that the following estimated weighted-average
dumping margin exists for the period August 1, 2022, through July 31,
2023:
------------------------------------------------------------------------
Weighted- average
Exporter dumping margin
(percent)
------------------------------------------------------------------------
Xingyi Metalworking Technology (Zhejiang) Co., Ltd.. 78.07
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose the calculations performed in
connection with these final results to interested parties within five
days of the date of publication of this notice, 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 determined, and U.S. Customs and Border Protection (CBP) shall
assess, antidumping duties on all appropriate entries of subject
merchandise in accordance with the final results of this review.
Pursuant to 19 CFR 351.212(b)(1), where XMT reported the entered values
of its U.S. sales, we calculated importer-specific antidumping duty
assessment rates by aggregating the total amount of dumping calculated
for the examined sales of each importer and dividing each of these
amounts by the total entered value associated with those sales. Where
XMT did not report entered value, we calculated a per-unit assessment
rate for each importer by dividing the total amount of dumping
calculated for the examined sales made to that importer by the total
quantity associated with those sales. To determine whether an importer-
specific, per-unit assessment rate is de minimis, in accordance with 19
CFR 351.106(c)(2), we also calculated an importer-specific ad valorem
ratio based on estimated entered values. Where either a respondent's
weighted-average dumping margin is zero or de minimis within the
meaning of 19 CFR 351.106(c)(1), or an importer-specific assessment
rate is zero or de minimis, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties. Pursuant to a
refinement in our non-market economy practice, for sales that were not
reported in the U.S. sales data submitted by XMT during this review, we
will instruct CBP to liquidate entries associated with those sales at
the rate for the China-wide entity.\9\
---------------------------------------------------------------------------
\9\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65695 (October 24, 2011) for a
full discussion of this practice.
---------------------------------------------------------------------------
For ZXM and Wanlong Special Containers, which Commerce determined
had no shipments of subject merchandise during the POR, we will
instruct CBP to assess any suspended entries of subject merchandise
that entered under those exporters' CBP case numbers during the POR at
the rate for the China-wide entity.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of these final results. 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
[[Page 15955]]
statutory injunction has expired (i.e., within 90 days of publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of administrative review for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on, or after, the publication date of the final results
of review, as provided for by section 751(a)(2)(C) of the Act: (1) the
cash deposit rates for the companies identified above in the ``Final
Results of Review'' section will be equal to the company-specific
weighted-average dumping margin established in the final results of
this administrative review; (2) for a previously investigated or
reviewed exporter of subject merchandise not listed in the final
results of review that has a separate rate, the cash deposit rate will
continue to be the exporter's existing cash deposit rate; (3) for all
Chinese exporters of subject merchandise that do not have a separate
rate, the cash deposit rate will be the cash deposit rate established
for the China-wide entity, i.e., 322.25 percent; \10\ and (4) for all
exporters of subject merchandise that are not located in China and that
are not eligible for a separate rate, the cash deposit rate will be the
rate applicable to the China exporter(s) that supplied that non-Chinese
exporter. These deposit requirements, when imposed, shall remain in
effect until further notice.
---------------------------------------------------------------------------
\10\ See Certain Metal Lockers and Parts Thereof from the
People's Republic of China: Notice of Court Decision Not in Harmony
With the Final Determination of Antidumping Duty Investigation;
Notice of Amended Final Determination, 88 FR 70644 (October 12,
2023).
---------------------------------------------------------------------------
Notification to Importers
This notice also serves as a final 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 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
This notice also serves as the 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). Timely written
notification of return/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
We are issuing and publishing this notice in accordance with
sections 751(a)(l) and 777(i)(l) of the Act, 19 CFR 351.221(b)(5) and
19 CFR 351.213(h)(1).
Dated: April 9, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes from the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Commerce Should Apply AFA to Hangzhou Evernew
Comment 2: Whether Commerce Should Use KKB Engineering Berhad's
Financial Statements
Comment 3: Whether Commerce Should Utilize Siraga IEM Sdn Bhd.'s
Updated Financial Ratios
Comment 4: Whether Commerce Should Revise Certain Plastic
Packing Surrogate Values
Comment 5: Whether Commerce Should Correct Programming for
Certain Freight Charges
Comment 6: Whether Commerce Should Use Alternative Rivet
Surrogate Value Data
Comment 7: Whether Commerce Should Rescind the Review for
Safewell Based on No Shipments
VI. Recommendation
[FR Doc. 2025-06448 Filed 4-15-25; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on April 16, 2025.
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.