Notice2026-05005
Temporary Steel Fencing From the People's Republic of China: Final Affirmative Countervailing Duy Determination and Final Affirmative Determination of Critical Circumstances, in Part
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
March 16, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of temporary steel fencing from the People's Republic of China (China). The period of investigation (POI) is January 1, 2024, through December 31, 2024.
Full Text
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<title>Federal Register, Volume 91 Issue 50 (Monday, March 16, 2026)</title>
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[Federal Register Volume 91, Number 50 (Monday, March 16, 2026)]
[Notices]
[Pages 12567-12570]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-05005]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-199]
Temporary Steel Fencing From the People's Republic of China:
Final Affirmative Countervailing Duy Determination and Final
Affirmative Determination of Critical Circumstances, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers and exporters
of temporary steel fencing from the People's Republic of China (China).
The period of investigation (POI) is January 1, 2024, through December
31, 2024.
DATES: Applicable March 16, 2026.
FOR FURTHER INFORMATION CONTACT: Natasia Byrd AD/CVD Operations, Office
VI, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-1240.
SUPPLEMENTARY INFORMATION:
Background
On June 20, 2025, Commerce published the Preliminary Determination
in the Federal Register and invited interested parties to comment.\1\
On February 9, 2026, Commerce issued its Post-Preliminary Analysis.\2\
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\1\ See Temporary Steel Fencing from the People's Republic of
China: Preliminary Affirmative Countervailing Duty Determination and
Preliminary Affirmative Determination of Critical Circumstances
Determination, in Part, and Alignment of Final Determination with
Final Antidumping Determination, 90 FR 26268 (June 20, 2025)
(Preliminary Determination), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Memorandum, ``Post-Preliminary Analysis Memorandum for
the Countervailing Duty Investigation of Temporary Steel Fencing
from the People's Republic of China,'' dated February 9, 2026 (Post-
Preliminary Analysis).
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Due to the lapse in appropriations and Federal Government shutdown,
on November 14, 2025, Commerce tolled all deadlines in administrative
proceedings by 47 days.\3\ Additionally, due to a backlog of documents
that were electronically filed via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Access
System (ACCESS) during the Federal Government shutdown, on November 24,
2025, Commerce tolled all deadlines in administrative proceedings by an
additional 21 days.\4\ Accordingly, the deadline for this final
determination is now March 10, 2026.
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\3\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated November 14, 2025.
\4\ See Memorandum, ``Tolling of all Case Deadlines,'' dated
November 24, 2025.
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For a complete description of the events that followed the
Preliminary Determination, see the Issues and Decision Memorandum.\5\
The Issues and Decision Memorandum is a public document and is on file
electronically via 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>.
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\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Countervailing Duty
Investigation of Temporary Steel Fencing from the People's Republic
of China,'' dated concurrently with, and herby adopted by, this
notice (Issues and Decision Memorandum).
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Scope of the Investigation
The product covered by this investigation is temporary steel
fencing from China. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the Preamble to Commerce's regulations,\6\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\7\ For a summary of
the product coverage comments and rebuttal responses submitted to the
record and accompanying discussion and analysis of all comments timely
received, see the Preliminary Scope Memorandum released with the
preliminary determination of the companion LTFV investigation, wherein
Commerce modified the scope language as it appeared in the Initiation
Notice.\8\
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\6\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\7\ See Temporary Steel Fencing from the People's Republic of
China: Initiation of Countervailing Duty Investigation, 90 FR 9311,
9311-12 (February 11, 2025) (Initiation Notice).
\8\ See Memorandum, ``Placing Preliminary Scope Decision
Memorandum on the Record,'' dated concurrently with this notice, at
Attachment (containing Memorandum, ``Less-Than-Fair Value and
Countervailing Duty Investigations on Temporary Steel Fencing from
the People's Republic of China: Preliminary Scope Decision
Memorandum,'' dated August 13, 2025 (Preliminary Scope Memorandum));
see also Appendix 1 for the scope, as revised from the Initiation
Notice.
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As we did not receive comments from interested parties on the scope
of the investigation as it appeared in the Preliminary Scope
Memorandum, the scope in this final determination, as provided in
Appendix I, is unchanged from the Preliminary Scope Memorandum.\9\
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\9\ See Preliminary Scope Memorandum.
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Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), in September 2025, Commerce conducted a verification of the
information reported by Hebei Minmetals Co., Ltd. (Hebei Minmetals) and
Shijiazhuang SD Company Ltd. (Shijiazhuang SD). As explained in the
Post-Preliminary Analysis and accompanying Issues and Decision
Memorandum, Commerce was not able to verify the information provided by
Shijiazhuang SD and its largest subject merchandise supplier/producer
Huanghua Shengrundong Hardware Products Co., Ltd. due to the extent and
nature of errors and omissions in Shijiazhuang SD's reporting.\10\
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\10\ See Post-Preliminary Analysis at 6-7.
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Commerce was able to complete its verification of Hebei Minmetals
and its largest subject merchandise supplier/producer Hebei Wuxin
Garden Products Co., Ltd. (Wuxin Garden). Commerce used standard
verification procedures, including an examination of relevant documents
provided at verification, in conducting its verification of the company
respondents.\11\
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\11\ See Memoranda, ``Verification of the Questionnaire
Responses Submitted by Hebei Minmetals Co., Ltd. and Hebei Wuxin
Garden Products Co., Ltd.;'' see also ``Verification of
Questionnaire Responses Submitted by Shijiazhuang SD Company Ltd.,''
and ``Verification of Questionnaire Responses Submitted by
Shengrundong Hardware Products Co., Ltd.,'' collectively dated
January 6, 2026.
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[[Page 12568]]
Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation and the issues raised in
the case and rebuttal briefs that were submitted by interested parties
in this investigation, are discussed in the Issues and Decision
Memorandum. For a list of the issues raised by interested parties and
addressed in the Issues and Decision Memorandum, see Appendix II to
this notice.
Changes Since the Preliminary Determination and Post-Preliminary
Analysis
We have calculated a final countervailable subsidy rate for
Shijiazhuang SD based entirely on facts available with adverse
inferences due to extensive issues discovered at verification. In
addition, based on our analysis of comments from interested parties and
review of the information received at verification, we revised the net
countervailable subsidy rate for Hebei Minmetals. Lastly, we have also
revised the rate applicable to the non-responsive companies in this
investigation \12\ and the rate applicable to all other producers and
exporters of subject merchandise in this investigation. For a
discussion of these changes, see the Issues and Decision Memorandum.
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\12\ Commerce did not receive responses to its quantity and
value questionnaire from (1) Anping County Xingpeng Hardware Co.,
Ltd.; (2) Shenzhou Yuelei Metal Products Co., Ltd.; (3) Sichuan
Gold-Link Industry; (4) Sourcing Solution Co., Ltd.; and (5) Tianjin
Mengsheng Metal Products (collectively, the non-responsive
companies). See Preliminary Determination PDM at 12-13.
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Methodology
Commerce conducted this investigation in accordance with section
701 of the Act. For each of the subsidy programs found to be
countervailable, Commerce determines that there is a subsidy, i.e., a
financial contribution by an ``authority'' that gives rise to a benefit
to the recipient, and that the subsidy is specific.\13\ For a complete
description of the methodology underlying all of Commerce's
conclusions, including our reliance on facts otherwise available,
including application of adverse facts available (AFA), pursuant to
sections 776(a) and (b) of the Act, see the Issues and Decision
Memorandum.
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\13\ 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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Final Affirmative Determination of Critical Circumstances
Commerce preliminarily determined, in accordance with section
703(e)(1) of the Act and 19 CFR 351.206(c)(1), that critical
circumstances existed with respect to imports of subject merchandise
produced and/or exported by Hebei Minmetals; the non-responsive
companies (based on application of AFA); and all other producers and
exporters of temporary steel fencing from China.\14\ Additionally,
Commerce preliminarily determined that critical circumstances did not
exist with respect to imports of subject merchandise for Shijiazhuang
SD.\15\
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\14\ See Preliminary Determination PDM at 5-8.
\15\ Id.
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For the final determination, pursuant to section 705(a)(2) of the
Act and 19 CFR 351.206, we are now finding that critical circumstances
exist for Shijiazhuang SD and for the non-responsive companies, based
on facts otherwise available, including with an adverse inference,
pursuant to sections 776(a) and (b) of the Act. However, we find that
critical circumstances did not exist with respect Hebei Minmetals and
all other producers and exporters that enter subject merchandise under
the all-others countervailable subsidy rate, based on an updated
massive imports analysis over a 12-month period and additional data
submitted by Hebei Minmetals.\16\ For a full description of the
methodology and results of Commerce's critical circumstances analysis,
see the Issues and Decision Memorandum.
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\16\ See Hebei Minmetals's Letter, ``Response to Request for
Monthly Quantity and Value Data,'' dated July 28, 2025, at
Attachment 1.
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All-Others Rate
Pursuant to section 705(c)(5)(A)(i) of the Act, Commerce will
determine an all-others rate equal to the weighted-average
countervailable subsidy rates established for exporters and/or
producers individually examined, excluding any rates that are zero, de
minimis, or based entirely under section 776 of the Act. In accordance
with section 705(c)(1)(B)(i) of the Act, we calculated an individual
estimated countervailable subsidy rate for the mandatory respondent,
Hebei Minmetals. However, we calculated individual total net
countervailable subsidy rates based entirely on facts otherwise
available with an adverse inference for mandatory respondent
Shijiazhuang SD. Therefore, the only rate that is not zero, de minimis,
or based entirely on facts otherwise available is the rate calculated
for Hebei Minmetals. Accordingly, we are assigning the rate calculated
for Hebei Minmetals to all other producers and exporters, pursuant to
section 705(c)(5)(A)(i) of the Act.
Final Determination
Commerce determines that the following estimated net
countervailable subsidy rates exist for the period January 1, 2024,
through December 31, 2024:
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Subsidy rate
Company (percent (ad
valorem)
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Hebei Minmetals Co., Ltd................................ 49.19
Shijiazhuang SD Company Ltd............................. * 178.97
Anping County Xingpeng Hardware Co., Ltd................ * 178.97
Shenzhou Yuelei Metal Products Co., Ltd................. * 178.97
Sichuan Gold-Link Industry.............................. * 178.97
Sourcing Solution Co., Ltd.............................. * 178.97
Tianjin Mengsheng Metal Products........................ * 178.97
All Others.............................................. 49.19
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* Rate based on facts available with adverse facts inferences.
Disclosure
Commerce intends to disclose to interested parties the calculations
performed in connection with this final determination within five days
of its public announcement 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).
Continuation of Suspension of Liquidation
As a result of our Preliminary Determination, and pursuant to
sections 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S.
Customs and Border Protection (CBP) to collect cash deposits and
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on or after June 20, 2025, the date of
publication of the Preliminary Determination in the Federal Register.
In accordance with section 703(d) of the Act, we instructed CBP to
discontinue the suspension of liquidation of all entries of subject
merchandise entered or withdrawn from warehouse, on or after October
18, 2025, the first day provisional measures were no longer in effect,
but to continue the suspension of liquidation of all entries of subject
merchandise on or before October 17, 2026.
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Moreover, as a result of our preliminary critical circumstances
determination, pursuant to section 703(e)(2) of the Act, we instructed
CBP to suspend liquidation of all entries of subject merchandise from
Hebei Minmetals and all other producers and exporters, which were
entered or withdrawn from warehouse, for consumption by these companies
on or after March 22, 2025, 90 days prior to the date of the
publication of the Preliminary Determination in the Federal Register.
However, as noted above, we find critical circumstances do not exist
for Hebei Minmetals and all other producers and exporters of temporary
steel fencing from China for this final determination. Accordingly, we
will direct CBP to terminate the retroactive suspension of liquidation
ordered at the Preliminary Determination and release any cash deposits
that were required prior to June 20, 2025, the date of publication of
the Preliminary Determination in the Federal Register, consistent with
section 705(c)(3) of the Act.
As a result of our preliminary critical circumstances
determination, we found that critical circumstances did not exist for
Shijiazhuang SD. However, as noted above, Commerce is finding that
critical circumstances exist for Shijiazhuang SD for this final
determination. Accordingly, pursuant to section 703(e)(2)(A) of the
Act, Commerce will instruct CBP to suspend liquidation of all
appropriate entries from Shijiazhuang SD, which were entered, or
withdrawn from warehouse, for consumption on or after 90 days prior to
the date of publication of the Preliminary Determination in the Federal
Register.
If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a CVD order, reinstate
the suspension of liquidation under section 706(a) of the Act, and
require a cash deposit of estimated countervailing duties for such
entries of subject merchandise in the amounts indicated above. Pursuant
to section 705(c)(2) of the Act, if the ITC determines that material
injury, or threat of material injury, does not exist, this proceeding
will be terminated, and all estimated duties deposited or securities
posted as a result of the suspension of liquidation will be refunded or
cancelled.
ITC Notification
In accordance with section 705(d) of the Act, Commerce will notify
the ITC of its final affirmative determination that countervailable
subsidies are being provided to producers and exporters of temporary
steel fencing from China. As Commerce's final determination is
affirmative, in accordance with section 705(b) of the Act, the ITC will
determine, within 45 days, whether the domestic industry in the United
States is materially injured, or threatened with material injury, by
reason of imports of temporary steel fencing from China. In addition,
we are making available to the ITC all non-privileged and non-
proprietary information in our files, provided the ITC confirms that it
will not disclose such information, either publicly or under
administrative protective order (APO), without the written consent of
the Assistant Secretary for Enforcement and Compliance.
If the ITC determines that material injury or threat of material
injury does not exist, this proceeding will be terminated and all cash
deposits will be refunded. If the ITC determines that such injury does
exist, Commerce will issue a CVD order directing CBP to assess, upon
further instruction by Commerce, countervailing duties on all imports
of the subject merchandise that are entered, or withdrawn, for
consumption on or after the effective date of the suspension of
liquidation, as discussed above in the ``Continuation of Suspension of
Liquidation'' section.
Administrative Protective Order
This notice will serve as the only reminder to parties subject to
an APO of their responsibility concerning the destruction of
proprietary information disclosed under APO, in accordance with 19 CFR
351.305(a)(3). Timely written notification of the 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 violation which is subject to sanction.
Notification to Interested Parties
This determination is issued and published pursuant to sections
705(d) and 777(i) of the Act, and 19 CFR 351.210(c).
Dated: March 10, 2026.
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 I
Scope of the Investigation
The merchandise subject to this investigation is temporary steel
fencing. Temporary steel fencing consists of temporary steel fence
panels and temporary steel fence stands. Temporary steel fence
panels, when assembled with temporary steel fence stands or other
types of stands outside of the scope, with each other, or with
posts, create a free-standing fence. Temporary steel fence panels
are covered by the scope regardless of whether they attach to a
stand or the type of stand to which they connect.
Temporary steel fence panels have a welded frame of steel tubing
and an interior consisting of chain link, steel wire mesh, or other
steel materials that are not more than ten millimeters in actual
diameter or width. The steel tubing may surround all edges of the
temporary steel fence panel or only be attached along two parallel
sides of the panel. All temporary steel fence panels with at least
two framed sides are covered by the scope, regardless of the number
of edges framed with steel tubing.
Temporary steel fence panels are typically between 10 and 12
feet long and six to eight feet high, though all temporary steel
fence panels are covered by the scope regardless of dimension or
weight as long as a single panel meets each of the three following
criteria: (1) it has over seven and a half square feet in actual
surface area; (2) it weighs more than four pounds; and (3) it weighs
less than 1.92 pounds per square foot. Temporary steel fence panels
may be square, rectangular, or have rounded edges, and may or may
not have gates, doors, wheels, or barbed wire or other features,
though all temporary steel fence panels are covered by the scope
regardless of shape and other features. Temporary steel fence panels
may have one or more horizontal, vertical, or diagonal reinforcement
tubes made of steel welded to the inside frame, though all temporary
steel fence panels are covered by the scope regardless of the
existence, number, or type of reinforcement tubes attached to the
panel. Temporary steel fence panels may have extensions, pins,
tubes, or holes at the bottom of the panel, but all temporary steel
fence panels are covered regardless of the existence of such
features.
Steel fence stands are shapes made of steel that stand flat on
the ground and have one or two open tubes or solid pins into which
temporary steel fence panels are inserted to stand erect. The steel
fence stand may be made of welded steel tubing or may be a flat
steel plate with one or two tubes or pins welded onto the plate for
connecting the panels.
Temporary steel fencing is covered by the scope regardless of
coating, painting, or other finish. Both temporary steel fence
panels and temporary steel fence stands are covered by the scope,
whether imported assembled or unassembled, and whether imported
together or separately.
Subject merchandise includes material matching the above
description that has been finished, assembled, or packaged in a
third country, including by coating, painting, assembling, attaching
to, or packaging with another product, or any other finishing,
assembly, or packaging operation that would not otherwise remove the
merchandise from the scope of the investigation if performed in the
country of manufacture of the temporary steel fencing.
Temporary steel fencing is included in the scope of this
investigation whether or not
[[Page 12570]]
imported attached to, or in conjunction with, other parts and
accessories such as posts, hooks, rings, brackets, couplers, clips,
connectors, handles, brackets, or latches. If temporary steel
fencing is imported attached to, or in conjunction with, such non-
subject merchandise, only the temporary steel fencing is included in
the scope.
Excluded from the scope of this investigation are decorative
steel fence panels. Decorative steel fence panels are steel fence
panels that have all of the following characteristics: (i) the
panel's long ends are no more than 48 inches; (ii) the panel's short
ends are no more than 38 inches; (iii) the panel weighs 7 pounds or
less; (iv) the panel is framed on all sides with steel tubing no
wider than 10 mm; and (v) the panel's the interior contains a
decorative pattern (meaning a pattern other than square,
rectangular, diamond, or hexagonal meshing) accounting for at least
5 percent of the area within the frame.
Merchandise covered by this investigation is currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) under the subheading 7308.90.9590. Subject merchandise may
also enter under subheadings 7326.90.8688 and 7323.99.9080 of the
HTSUS. The HTSUS subheadings set forth above are provided for
convenience and U.S. Customs purposes only. The written description
of the scope is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary Determination and Post-
Preliminary Analysis
IV. Critical Circumstances Determination
V. Use of Facts Otherwise Available and Application of Adverse
Inferences
VI. Subsidies Valuation
VII. Analysis of Programs
VIII. Discussion of the Issues
Comment 1: Whether Commerce Should Continue to Apply AFA to Find
that Certain Input Suppliers and Service Providers are Government
Authorities
Comment 2: Whether the Provision of Ocean Shipping Services are
Specific and Entrusted or Directed by the GOC
Comment 3: Whether Commerce Should Apply AFA to Find the
Provision of Electricity for Less Than Adequate Remuneration (LTAR)
Program is Specific
Comment 4: Whether Commerce Lawfully Countervailed ``Other
Subsidies''
Comment 5: Whether Commerce Should Modify the Steel Input for
LTAR Program Benchmarks
Comment 6: Whether Commerce Misapplied the AFA Hierarchy in the
Selection of AFA Rates
Comment 7: Whether Commerce Should Include Programs Discovered
during Verification in the Total AFA Rate for Shijiazhuang SD
Comment 8: Whether Commerce Should Find that Critical
Circumstances Exist for Hebei Minmetals
Comment 9: Whether Wuxin Garden Received Benefits from Certain
Tax Programs During the POI
Comment 10: Whether Commerce Should Continue to Find that the
Corporate Income Tax Law (CITL) Article 26: Deduction as an
Exemption of Dividend Income from Taxation is Countervailable
Comment 11: Whether Commerce Should Continue to Find that the
CITL 32: Deduction for Accelerated Depreciation of Fixed Assets is
Countervailable
IX. Recommendation
[FR Doc. 2026-05005 Filed 3-13-26; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on March 16, 2026.
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