Certain Steel Racks and Parts Thereof From the People's Republic of China: Final Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2023-2024
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Issuing agencies
Abstract
The U.S. Department of Commerce (Commerce) determines that the 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, 2023, through August 31, 2024, or have not established their eligibility for a separate rate and are part of the China-wide entity.
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<title>Federal Register, Volume 91 Issue 177 (Tuesday, September 15, 2026)</title>
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[Federal Register Volume 91, Number 177 (Tuesday, September 15, 2026)]
[Notices]
[Pages 58416-58418]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-18791]
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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 and Rescission, in Part, of Antidumping Duty
Administrative Review; 2023-2024
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that the
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, 2023, through August 31, 2024, or have not
established their eligibility for a separate rate and are part of the
China-wide entity.
DATES: Applicable September 15, 2026.
FOR FURTHER INFORMATION CONTACT: Luke Caruso, 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) 482-2081.
SUPPLEMENTARY INFORMATION:
Background
On March 10, 2026, Commerce published the Preliminary Results in
the Federal Register and invited interested parties to comment on the
results.\1\ On June 15, 2026, Commerce extended the deadline for
issuing the final results of this review by 53 days.\2\ On August 31,
2026, Commerce extended the deadline for issuing the final results of
this review by an additional seven days.\3\ As a result, the deadline
for issuing these final results of review is September 8, 2026.\4\
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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; 2023-2024, 91 FR 11500
(March 10, 2026) (Preliminary Results), and accompanying Preliminary
Decision Memorandum (PDM).
\2\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated June 15, 2026.
\3\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated August 31, 2026.
\4\ Because the extended deadline for issuing these final
results of review falls on a weekend (i.e., Sunday September 6,
2026), and the following day (Monday September 7, 2026) is a
holiday, the deadline became the next business day (i.e., September
8, 2026). See Notice of Clarification: Application of ``Next
Business Day'' Rule for Administrative Determination Deadlines
Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10,
2005).
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For a complete description of the events that followed the
publication of the Preliminary Results, see the Issues and Decision
Memorandum.\5\ 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/frnotices">https://access.trade.gov/frnotices</a>.
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\5\ 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; 2023 2024,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decision Memorandum).
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Commerce conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
Scope of the Order <SUP>6</SUP>
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\6\ 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 subject to the Order is steel racks from China. For
a complete description of the scope of the Order, see the Issues and
Decision Memorandum.
Rescission of Administrative Review, in Part
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 CBP to liquidate at the
calculated antidumping duty assessment rate for the review period.\9\
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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'').
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Commerce preliminarily rescinded this review with respect to
Nanjing Kingmore Logistics Equipment Manufacturing Co., Ltd. (Nanjing
Kingmore) because although it claimed that it exported subject
merchandise during the POR,\10 \there is no record evidence of a
suspended POR entry of subject merchandise from Nanjing Kingmore.\11\
No parties commented on this preliminary rescission. Based on
[[Page 58417]]
the foregoing, we are rescinding this review with respect to Nanjing
Kingmore.
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\10\ See Nanjing Kingmore Logistics Equipment Manufacturing Co.,
Ltd.'s (Kingmore) Letters, ``Separate Rate Certification,'' dated
November 18, 2024, and ``Nanjing Kingmore's Separate Rate
Certification Supplemental Questionnaire Response'' dated February
13, 2026.
\11\ See Memoranda, ``Release of U.S. Customs and Border
Protection Entry Data,'' dated October 28, 2024, and ``Re-Release of
U.S. Customs and Border Protection Entry Data,'' dated December 6,
2024.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
are addressed in the Issues and Decision Memorandum. A list of the
issues addressed in the Issues and Decision Memorandum is attached as
an appendix to this notice.
Changes Since the Preliminary Results
Commerce made certain changes to the we made certain changes to the
weighted-average dumping margins calculated in the Preliminary Results.
For further information see the Issues and Decision Memorandum.
Separate Rates
In the Preliminary Results, Commerce granted separate rate status
to Jiangsu JISE Intelligent Storage Equipment Co., Ltd. (Jiangsu JISE)
and the collapsed mandatory respondent, Jiangsu Nova Intelligent
Logistics Equipment Co., Ltd./Nanjing Jinshidai Storage Equipment Co.,
Ltd./Hebei Nova Intelligent Logistics Equipment Co., Ltd. (Nova).\12\
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\12\ Commerce collapsed Jiangsu Nova Intelligent Logistics
Equipment Co., Ltd. with Nanjing Jinshidai Storage Equipment Co.,
Ltd., and Hebei Nova Intelligent Logistics Equipment Co., Ltd., in
the prior administrative review in this proceeding. 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 82213 (October 10, 2024),
unchanged in Certain Steel Racks and Parts Thereof from the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review; 2022-2023, 90 FR 30629 (July 10, 2025).
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Commerce denied separate rate status to Nanjing Urgo Logistics
Equipment Co (Urgo) and treated it as part of the China-wide
entity.\13\ No parties commented on Commerce's preliminary separate
rates determinations, which are unchanged in these final results of
review.
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\13\ See Preliminary Results.
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Separate Rate for Non-Individually Examined Company
The statute and Commerce's regulations do not address what dumping
margin to apply to respondents that are not selected for individual
examination in an administrative review pursuant to section 777A(c)(2)
of the Act. Generally, Commerce looks to section 735(c)(5) of the Act,
which provides instructions for calculating the all-others rate in an
investigation, for guidance when calculating the dumping margin for
respondents that are not individually examined in an administrative
review. Under section 735(c)(5)(A) of the Act, the all-others rate is
normally ``equal to the weighted average of the estimated weighted
average dumping margins established for exporters and producers
individually investigated, excluding any zero and de minimis dumping
margins, and any dumping margins determined entirely {on the basis of
facts available{time} .'' Because we calculated a dumping margin that
is not zero, de minimis, or based entirely on facts available for Nova,
the sole mandatory respondent, we assigned to Jiangsu JISE a dumping
margin equal to Nova's dumping margin consistent with Commerce's
practice and section 735(c)(5)(A) of the Act.
China-Wide Entity
Because no party specifically requested, and Commerce did not self-
initiate, a review of the China-wide entity,\14\ in accordance with
Commerce's policy, the China-wide entity is not under review and the
China-wide entity's dumping margin, i.e., 144.50 percent,\15\ is not
subject to change.\16\
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\14\ Id.
\15\ See Order, 84 FR at 48585.
\16\ The China-wide entity includes Guangdong Xinmiao Storage
Equipment Co., Ltd., Jiangsu Kingmore Storage Equipment
Manufacturing Co., Ltd., Jiangsu Starshine Industry Equipment Co.,
Ltd., and Nanjing Peter Logistics Equipment Co., Ltd. The record
shows no suspended POR entries for these companies which did not
have a separate rate during the POR; thus, they remain part of the
China-wide entity.
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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, 2023,
through August 31, 2024:
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Weighted-average
Exporter dumping margin
(percent)
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Jiangsu Nova Intelligent Logistics Equipment Co., 10.34
Ltd./Nanjing Jinshidai Storage Equipment Co., Ltd./
Hebei Nova Intelligent Logistics Equipment Co.,
Ltd................................................
Jiangsu JISE Intelligent Storage Equipment Co., Ltd. 10.34
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Disclosure
Commerce intends to disclose its calculations performed in these
final results of review to parties to the proceeding within five days
after the date of any public announcement of the final results or, if
there is no public announcement of the final results, within five days
after 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 has determined, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise during the POR. In accordance with 19 CFR 351.212(b)(1), we
calculated importer-specific assessment rates for 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.\17\ 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,\18\ Commerce
will instruct CBP to liquidate the appropriate entries without regard
to antidumping duties.
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\17\ 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).
\18\ See 19 CFR 351.106(c)(2).
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Pursuant to a refinement to Commerce's assessment practice, where
Nova did not report a sale of subject 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) if there is no rate for the
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intermediate company(ies) involved in the transaction.\19\
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\19\ See Order, 84 FR at 48586.
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For Urgo, the company ineligible for a separate rate that is 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.\20\
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\20\ Id.
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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of 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).
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 JISE and Nova will be equal
to the weighted-average dumping margin listed for the companies in the
table above; (2) for a previously investigated or reviewed exporter of
subject merchandise that is not under examination in this review that
has a separate rate, the cash deposit rate will continue to be the
exporter's cash deposit rate from the most recently completed segment
of the proceeding in which the company was under review; (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 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 has 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: September 8, 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
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. Discussion of the Issues
Comment 1: Whether Commerce's Differential Pricing Analysis Is
Flawed
Comment 2: Whether Commerce Failed to Provide Nova Due Process
Comment 3: Whether Commerce Miscalculated the Surrogate Value
for Plywood
Comment 4: Whether Commerce Failed to Value Certain Inputs
Comment 5: Whether to Grant Nova a Steel Scrap By-product Offset
Comment 6: Whether to Grant Nova an Export Subsidy Adjustment
VI. Recommendation
[FR Doc. 2026-18791 Filed 9-14-26; 8:45 am]
BILLING CODE 3510-DS-P
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