Notice2025-12784
Certain Steel Racks and Parts Thereof From the People's Republic of China: Final Results 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
July 10, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that certain exporters 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 have not established their eligibility for a separate rate and are part of the China-wide entity.
Full Text
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<title>Federal Register, Volume 90 Issue 130 (Thursday, July 10, 2025)</title>
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[Federal Register Volume 90, Number 130 (Thursday, July 10, 2025)]
[Notices]
[Pages 30629-30630]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12784]
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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: Final Results 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) determines that
certain exporters 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
have not established their eligibility for a separate rate and are part
of the China-wide entity.
DATES: Applicable July 10, 2025.
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 October 10, 2024, Commerce published the Preliminary Results in
the Federal Register and invited interested parties to comment.\1\ On
December 9, 2024, Commerce tolled certain deadlines in this
administrative proceeding by 90 days.\2\ On May 5, 2025, Commerce
extended the deadline to issue the final results of this review until
July 3, 2025.\3\ For details regarding the events that occurred
subsequent to publication of the Preliminary Results, see the Issues
and Decision Memorandum.\4\ Commerce conducted this administrative
review in accordance with section 751 of the Tariff Act of 1930, as
amended (the Act).
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\1\ See 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, 89 FR 822213
(October 10, 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, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated May 5, 2025.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Order on Certain Steel Racks and Parts Thereof from the People's
Republic of China; 2022-2023,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Order <SUP>5</SUP>
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\5\ See 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).
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The merchandise covered by the Order is steel racks and parts
thereof. For a full description of the scope of the Order, see in the
Issues and Decision Memorandum.
Analysis of Comments Received
We addressed all the issues raised in the case and rebuttal briefs
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 provided in 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, and for the
reasons explained in the Issues and Decision Memorandum, Commerce made
certain changes to the preliminary weighted-average dumping margin
calculations for Jiangsu Nova Intelligent Logistics Equipment Co., Ltd.
(Jiangsu Nova) for the final results of review.\6\
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\6\ See Issues and Decision Memorandum.
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On June 13 and June 16, 2025, respectively, the U.S. Court of
Appeals for the Federal Circuit (Federal Circuit) issued mandates based
on the Federal Circuit's opinions in Marmen and Stupp.\7\ In its
opinions, the Federal Circuit held that it is unreasonable to use the
Cohen's d test when the Cohen's d test is applied to data that do not
satisfy certain statistical criteria. Accordingly, in an effort to
comply with the Federal Circuit's holdings regarding the Cohen's d
test, Commerce has revised the differential pricing analysis used in
the Preliminary Results for these final results, as described in the
Issues and Decision Memorandum.\8\
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\7\ See Marmen Inc. v. United States, 134 F.4th 1334 (Fed. Cir.
2025) (Marmen); Stupp Corp. v. United States, 2025 U.S. App. LEXIS
9616 (Fed. Cir. 2025) (non-precedential) (Stupp).
\8\ Although Commerce's preference is to provide interested
parties with an opportunity to comment, given the impending
statutory deadline of section 751(a)(2)(B)(iii) of the Act for the
final results of this administrative review, there is insufficient
time to allow for comments on the revised differential pricing
analysis and related calculations for comment in this administrative
review. Commerce's use of the average-to-transaction method in these
final results remains unchanged from the Preliminary Results of this
review. See Preliminary Results PDM at 7. Though parties did not
have an opportunity to comment on the use of Commerce's new
differential pricing analysis for the final results of this review,
the new analysis did not impact the methodology used to calculate
the dumping margin in these final results. We address Jiangsu Nova's
arguments on Commerce's authority to use a differential pricing
analysis in the Issues and Decision Memorandum.
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Separate Rates
In the Preliminary Results, Commerce granted Jiangsu Nova separate
rate status, but denied separate rate status to Jiangsu Starshine
Industry Equipment Co., Ltd. (Starshine) and treated it as part of the
China-wide entity.\9\ No parties commented on Commerce's preliminary
separate rates decisions. For the final results of review, Commerce has
continued to grant Jiangsu Nova separate rate status and continued to
deny separate rate status to Starshine and treat it as part of the
China-wide entity.
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\9\ See Preliminary Results.
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China-Wide Entity
As noted in the Preliminary Results, in accordance with Commerce's
policy, the China-wide entity is not under review because no party
specifically requested, and Commerce did not self-initiate, a review of
the China-wide entity.\10\ Thus, the China-wide entity's dumping
margin, i.e., 144.50 percent,\11\ is not subject to change.
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\10\ Id.
\11\ See Order, 84 FR at 48585.
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Final Results of Review
We have determined the following weighted-average dumping margin
for the companies listed below 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., 11.18
Ltd./Nanjing Jinshidai Storage Equipment Co., Ltd./
Hebei Nova Intelligent Logistics Equipment Co., Ltd
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Disclosure
Commerce intends to disclose the calculations and analysis
performed for these final results of review within five days of the
date of publication of this notice in the Federal Register, 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 will determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise covered by the final results of this review. Commerce
intends to issue assessment instructions to CBP no earlier than 35 days
after the date of publication date 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).
In accordance with 19 CFR 351.212(b)(1), we calculated importer-
specific assessment rates for Jiangsu Nova by dividing the total amount
of dumping calculated for all reviewed U.S. sales to the importer by
the total entered value of the subject merchandise sold to the
importer.\12\ Where an importer-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 an importer-
specific ad valorem assessment rate is zero or de minimis, Commerce
will instruct CBP to liquidate the appropriate entries without regard
to antidumping duties.
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\12\ We 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).
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Pursuant to a refinement to Commerce's assessment practice, where
Jiangsu Nova did not report a sale of merchandise that was entered into
the United States during the POR under its company-specific CBP case
number, Commerce will instruct CBP to liquidate any entries of such
merchandise at the weighted-average dumping margin for the China-wide
entity (i.e., 144.50 percent).\13\
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\13\ See Order, 84 FR at 48586.
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For Starshine, the company ineligible for a separate rate that
Commerce considers to be part of the China-wide entity, the assessment
rate will be equal to the weighted-average dumping margin for the
China-wide entity, i.e., 144.50 percent.\14\
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\14\ Id.
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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 this notice in
the Federal Register, as provided for by section 751(a)(2)(C) of the
Act: (1) the cash deposit rate for Jiangsu Nova will be equal to the
weighted-average dumping margin listed for the company in the table
above; (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 that supplied that non-China exporter. These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
Notification to Importers Regarding the Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping 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 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 (APO)
This notice also serves as a reminder to parties subject to an APO
of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305, which continues to govern business proprietary information in
this segment of the proceeding. 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 violation which is subject to
sanction.
Notification to Interested Parties
We are issuing these final results of administrative review and
publishing this notice in accordance with sections 751(a)(1) and 777(i)
of the Act, and 19 CFR 351.213(h)(2) and 351.221(b)(5).
Dated: July 3, 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.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Differential Pricing Analysis
VI. Discussion of the Issues
Comment 1: Use of a Differential Pricing Analysis in an
Administrative Review
Comment 2: Verification of Factual Information
Comment 3: Calculation of Surrogate Financial Ratios
Comment 4: Inflation Index
VII. Recommendation
[FR Doc. 2025-12784 Filed 7-9-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on July 10, 2025.
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