Notice2025-10735
Certain Metal Lockers and Parts Thereof From the People's Republic of China: Final Results and Final Rescission, in Part, of Countervailing Duty Administrative Review; 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
June 13, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) 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 is rescinding this review, in part, with respect to four companies.
Full Text
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<title>Federal Register, Volume 90 Issue 113 (Friday, June 13, 2025)</title>
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[Federal Register Volume 90, Number 113 (Friday, June 13, 2025)]
[Notices]
[Pages 25023-25025]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-10735]
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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: Final Results and Final Rescission, 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) 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 is
rescinding this review, in part, with respect to four companies.
DATES: Applicable June 13, 2025.
FOR FURTHER INFORMATION CONTACT: Alex Cipolla or 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) 482-4956 or (202) 482-1468,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 12, 2024, Commerce published the Preliminary Results
of this administrative review in the Federal Register and invited
comments
[[Page 25024]]
from interested parties.\1\ On December 9, 2024, Commerce tolled the
deadline to issue the final results in this administrative review by 90
days.\2\ On April 2, 2025, Commerce extended the deadline of the final
results of this administrative review to May 9, 2025.\3\ On May 7,
2025, Commerce further extended the deadline for the final results of
this administrative review to June 6, 2025.\4\ For a complete
description of the events that occurred since the Preliminary Results,
see the Issues and Decision Memorandum.\5\
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\1\ See 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, 89 FR 74204 (September 12, 2024) (Preliminary Results), and
accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 4, 2024.
\3\ See Memorandum, ``Extension of Deadline for Final Results of
Countervailing Duty Administrative Review,'' dated April 2, 2025.
\4\ See Memorandum, ``Extension of Deadline for Final Results of
Countervailing Duty Administrative Review,'' dated May 7, 2025.
\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review of
Certain Metal Lockers and Parts Thereof from the People's Republic
of China; 2022,'' dated concurrently with, and hereby adopted by,
this notice (Issues and 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 scope of the Order, see the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised by the interested parties in their case and
rebuttal briefs are addressed in the Issues and Decision Memorandum. A
list of topics discussed in the Issues and Decision Memorandum is
provided in Appendix I 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 our analysis of comments from interested parties and the
evidence on the record, we revised the net countervailable subsidy rate
for Hangzhou Evernew Machinery and Equipment Company Limited (Hangzhou
Evernew) and its cross-owned producer. In addition, we have also
revised the rate applicable to companies not selected for individual
review. For a discussion of these changes, see the Issues and Decision
Memorandum.
Methodology
Commerce conducted this administrative review in accordance with
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act).
For each of the subsidy programs found to be countervailable, we find
that there is a subsidy, i.e., a government-provided financial
contribution that gives rise to a benefit to the recipient, and that
the subsidy is specific.\6\ For a complete description of the
methodology underlying all of Commerce's conclusions, including our
reliance, on facts otherwise available, including adverse facts
available (AFA), pursuant to sections 776(a) and (b) of the Act, see
the Issues and Decision Memorandum.
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\6\ 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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Rescission of Administrative Review, In Part
Pursuant to 19 CFR 351.213(d)(3), Commerce will rescind an
administrative review when there are no reviewable suspended entries.
Based on our analysis of U.S. Customs and Border Protection (CBP)
information, we determine that 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., had no
entries of subject merchandise during the POR. In the Preliminary
Results, we notified parties that we intended to rescind this
administrative review with respect to the four companies which have no
reviewable suspended entries.\7\ No parties commented on the
notification of intent to rescind the review, in part. We are,
therefore, now rescinding the administrative review of these companies
which have no reviewable suspended entries.
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\7\ See Preliminary Results, 89 FR at 74205.
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Companies Not Selected for Individual Review
The statute and Commerce's regulations do not directly address the
establishment of rates to be applied to companies not selected for
individual examination where 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 the basis for calculating the all-
others rate in an investigation. Section 705(c)(5)(A)(i) of the Act
instructs Commerce, as a general rule, to calculate an all-others rate
equal to the weighted average of the countervailable subsidy rates
established for exporters and/or producers individually examined,
excluding any rates that are zero, de minimis, or based entirely on
facts available.
There are two companies for which a review was requested and not
rescinded, and which were not selected as mandatory respondents or
found to be cross-owned with a mandatory respondent: Hangzhou Xline
Machinery & Equipment Co., Ltd.\8\ and Jiangsu Wanlong Special
Containers Co., Ltd. We made changes to the calculations for the
mandatory respondent Hangzhou Evernew and its cross-owned producer,
which provided part of the rate assigned to the non-selected companies
for the Preliminary Results. Because Hangzhou Evernew's rate is now
based on total AFA, the rate for the two companies not selected for
individual examination will be solely based on the subsidy rate for the
cooperating mandatory respondent, Xingyi Metalworking.
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\8\ We initiated a review of both Hangzhou Xline Machinery and
Hangzhou Xline Machinery & Equipment Co., Ltd. We preliminarily
determined that these are two names for the same company, and thus,
assigned the non-selected rate to the full name of the company,
Hangzhou Xline Machinery & Equipment Co., Ltd. No party provided
comment in opposition to this preliminary determination; therefore,
we continue to assign the non-selected rate to the full name of the
company, Hangzhou Xline Machinery & Equipment Co., Ltd.
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Final Results of Review
As a result of this review, we determine the following net
countervailable subsidy rates exist for the POR, January 1, 2022,
through December 31, 2022:
[[Page 25025]]
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Subsidy rate (percent
Company ad valorem)
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Hangzhou Evernew Machinery & Equipment Company 220.95
\9\...........................................
Xingyi Metalworking Technology (Zhejiang) Co., 22.82
Ltd...........................................
Hangzhou Xline Machinery & Equipment Co., Ltd.. 22.82
Jiangsu Wanlong Special Containers Co., Ltd.... 22.82
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Disclosure
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\9\ As discussed in the Issues and Decision Memorandum, Commerce
has found the following company to be cross-owned with Hangzhou
Evernew: Zhejiang Yinghong Metalware Co., Ltd.
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Commerce intends to disclose calculations and analysis performed
for the final results of review within five days after the date of
publication of this notice in the Federal Register in accordance with
19 CFR 351.224(b).
Cash Deposit Requirements
In accordance with section 751(a)(1) of the Act, Commerce also
intends to instruct U.S. Customs and Border Protection (CBP) to collect
cash deposits of estimated countervailing duties in the amounts shown
above for the above-listed companies with regard to shipments of
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of these final results
of review. For all non-reviewed firms, we will instruct CBP to continue
to collect cash deposits of estimated countervailing duties at the all-
others rate or the most recent company-specific rate applicable to the
company, as appropriate. These cash deposit requirements, effective
upon publication of these final results, shall remain in effect until
further notice.
Assessment
In accordance with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce has determined, and CBP shall assess,
countervailing duties on all appropriate entries covered by this
review, for the above-listed companies at the applicable ad valorem
assessment rates listed. For the companies for which we rescinded this
review, Commerce will instruct CBP to assess countervailing duties on
all appropriate entries at a rate equal to the cash deposit of
estimated countervailing duties 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
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).
Administrative Protective Order
This notice also serves as a 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 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 sanctionable
violation.
Notification to Interested Parties
The final results are issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: June 6, 2025.
Steven Presing,
Acting Deputy Assistant Secretary for Policy and Negotiations.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Use of Facts Otherwise Available and Application of Adverse
Inferences
V. Subsidies Valuation
VI. Analysis of Programs
VII. Discussion of the Issues
Comment 1: Whether Commerce Should Apply Total AFA to Hangzhou
Evernew
Comment 2: Whether Commerce Should Use Hangzhou Evernew's Actual
Transportation Expenses as the Inland Freight Benchmark
Comment 3: Whether Commerce Should Combine Sales of Hangzhou
Evernew and Zhejiang Yinghong
Comment 4: Whether Commerce Should Correct the Tax Return Year
Used in Commerce's Calculations for Hangzhou Evernew and Zhejiang
Yinghong's Tax Subsidy Programs
VIII. Recommendation
Appendix: AFA Rate Calculation
[FR Doc. 2025-10735 Filed 6-12-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 13, 2025.
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