[Federal Register Volume 86, Number 191 (Wednesday, October 6, 2021)]
[Notices]
[Pages 55575-55578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21853]



[[Page 55575]]

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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: Preliminary Results of the Antidumping Duty Administrative 
Review and Preliminary Determination of No Shipments; 2019-2020

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that the exporters under review 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) March 4, 2019, through August 31, 2020. We invite 
interested parties to comment on these preliminary results of review.

DATES: Applicable October 6, 2021.

FOR FURTHER INFORMATION CONTACT: Jonathan Hill or Elizabeth Bremer, 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 and (202) 
482-4987, respectively.

SUPPLEMENTARY INFORMATION:

Background

    This administrative review is being conducted in accordance with 
section 751(a) of the Tariff Act of 1930, as amended (the Act). On 
September 1, 2020, Commerce published in the Federal Register a notice 
of opportunity to request an administrative review of the antidumping 
duty (AD) order on steel racks from China.\1\ After receiving review 
requests, Commerce initiated this review.\2\ On May 14, 2021, Commerce 
extended the deadline for the preliminary results of this review by a 
total of 120 days, to September 30, 2021.\3\ For additional background 
information, see the Preliminary Decision Memorandum.\4\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 85 FR 54349 (September 1, 2020).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 68840 (October 30, 2020).
    \3\ See Memorandum, ``Certain Steel Racks and Parts Thereof from 
the People's Republic of China: Extension of Deadline for 
Preliminary Results of Antidumping Duty Administrative Review,'' 
dated May 14, 2021.
    \4\ See ``Decision Memorandum for the Preliminary Results in the 
First Antidumping Duty Administrative Review of Certain Steel Racks 
and Parts Thereof from the People's Republic of China,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Order 5
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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, assembled, to any extent, or unassembled, including but not 
limited to, vertical components (e.g., uprights, posts, or columns), 
horizontal or diagonal components (e.g., arms or beams), braces, 
frames, locking devices (e.g., end plates and beam connectors), and 
accessories (including, but not limited to, rails, skid channels, skid 
rails, drum/coil beds, fork clearance bars, pallet supports, row 
spacers, and wall ties).
    Merchandise covered by the Order is classified in the Harmonized 
Tariff Schedule of the United States (HTSUS) under the following 
subheadings 7326.90.8688, 9403.20.0081, and 9403.90.8041. Subject 
merchandise may also enter under subheadings 7308.90.3000, 
7308.90.6000, 7308.90.9590, and 9403.20.0090. The HTSUS subheadings are 
provided for convenience and U.S. customs purposes only. The written 
description of the scope is dispositive.
    A full description of the scope of the Order is contained in the 
Preliminary Decision Memorandum.

Preliminary Determination of No Shipments

    On November 20 and 30, 2020, Hebei Minmetals Co., Ltd. (Hebei 
Minmetals) and Guangdong Wireking Housewares and Hardware Co., Ltd., 
(Guangdong Wireking) timely filed certifications that they did not 
export or sell subject merchandise to the United States during the POR 
and that there were no entries of their subject merchandise into the 
United States during the POR. Based on an analysis of information from 
U.S. Customs and Border Protection (CBP), and Hebei Minmetals and 
Guangdong Wireking's no shipment certifications, we have preliminarily 
determined that Hebei Minmetals and Guangdong Wireking did not export 
or sell subject merchandise to, nor was their subject merchandise 
entered into, the United States during the POR.\6\
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    \6\ See Memorandum, ``Certain Steel Racks from The People's 
Republic of China (A-570-088), No Shipment Inquiry for Hebei 
Minmetals Co., Ltd. during the period 03/04/2019 through 08/31/2020, 
dated August 9, 2021; see also Memorandum, ``Certain Steel Racks 
from The People's Republic of China (A-570-088), No Shipment Inquiry 
for Guangdong Wireking Housewares and Hardware Co., Ltd. during the 
period 03/04/2019 through 08/31/2020,'' dated August 9, 2021.
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    Consistent with Commerce's practice, we are not rescinding this 
administrative review of Hebei Minmetals and Guangdong Wireking, but 
intend to complete the review with respect to these companies and issue 
appropriate instructions to CBP based on the final results of the 
review.\7\
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    \7\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011); and the 
``Assessment Rates'' section, below.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Act. We calculated export prices for the mandatory 
respondents Nanjing Dongsheng Shelf Manufacturing Co., Ltd. (Dongsheng) 
and Nanjing Kingmore Logistics Equipment Manufacturing Co., Ltd 
(Nanjing Kingmore) in accordance with section 772 of the Act. Because 
China is a non-market economy (NME) country within the meaning of 
section 771(18) of the Act, we calculated NV in accordance with section 
773(c) of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum, which is hereby 
adopted by this notice. The Preliminary 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 https://access.trade.gov. In addition, a complete version of the Preliminary 
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. A list of sections in the Preliminary 
Decision Memorandum is in Appendix I to this notice.

[[Page 55576]]

Separate Rates

    In all proceedings involving an NME country, Commerce maintains a 
rebuttable presumption that all companies are subject to government 
control and, thus, should be assessed a single weighted-average dumping 
margin unless the company can affirmatively demonstrate an absence of 
government control, both in law (de jure) and in fact (de facto), with 
respect to its exports so that it is entitled to separate rate 
status.\8\ Commerce has preliminary determined that information placed 
on the record by Dongsheng, Nanjing Kingmore, Jiangsu Nova Intelligent 
Logistics Equipment Co., Ltd., Nanjing Ironstone Storage Equipment Co., 
Ltd., Suzhou (China) Sunshine Hardware & Equipment Imp. & Exp. Co., 
Ltd., and Xiamen Luckyroc Industry Co., Ltd., demonstrates that these 
companies are eligible for separate rate status.
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    \8\ See Notice of Final Determination of Sales at Less Than Fair 
Value, and Affirmative Critical Circumstances, In Part: Certain 
Lined Paper Products from the People's Republic of China, 71 FR 
53079, 53082 (September 8, 2006); see also Final Determination of 
Sales at Less Than Fair Value and Final Partial Affirmative 
Determination of Critical Circumstances: Diamond Sawblades and Parts 
Thereof from the People's Republic of China, 71 FR 29303, 29307 (May 
22, 2006).
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    However, Commerce has preliminarily determined that each of the 
companies whose name is listed in Appendix II to this notice has not 
demonstrated its eligibility for a separate rate because it did not 
file a separate rate application or separate rate certification with 
Commerce. Therefore, we have preliminarily treated the companies listed 
in Appendix II as part of the China-wide entity.
    Because no party requested a review of the China-wide entity, the 
entity is not under review. Accordingly, the weighted-average dumping 
margin determined for the China-wide entity (i.e., 144.50 percent) is 
not subject to change in this review. For additional information, see 
the Preliminary Decision Memorandum.

Dumping Margin for Non-Individually Examined Companies Granted a 
Separate Rate

    The statute and Commerce's regulations do not address what 
weighted-average dumping margin to apply to companies not selected for 
individual examination when Commerce limits its 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 for guidance 
regarding establishing a weighted-average dumping margin for 
respondents which were not individually examined in an administrative 
review.
    Section 735(c)(5)(A) of the Act provides that Commerce will base 
the all-others rate in an investigation on the weighted average of the 
weighted-average dumping margins calculated for the individually 
examined respondents, excluding rates that are zero, de minimis, or 
based entirely on facts available. Where the weighted-average dumping 
margins for the individually examined companies are all zero, de 
minimis, or based entirely on facts available, section 735(c)(5)(B) of 
the Act provides that Commerce may use ``any reasonable method'' to 
establish the estimated all-others rate.
    The preliminary weighted-average dumping margin that we calculated 
for each of the mandatory respondents Dongsheng and Nanjing Kingmore is 
not zero, de minimis, or based entirely on facts available. Therefore, 
we assigned a weighted-average dumping margin to the non-individually 
examined companies to which we granted separate rate status equal to 
the simple average of the weighted-average dumping margins that we 
calculated for Dongsheng and Nanjing Kingmore, consistent with the 
guidance in section 735(c)(5)(B) of the Act.\9\ For additional 
information, see the Preliminary Decision Memorandum.
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    \9\ See Memorandum, ``First Administrative Review of the 
Antidumping Duty Order on Certain Steel Racks and Parts Thereof from 
China: Preliminary Calculation of the Rate for Separate Rate 
Respondents,'' dated September 30, 2021.
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Preliminary Results of Review

    We are assigning the following weighted-average dumping margins to 
the companies listed below for the period March 4, 2019, through August 
31, 2020:

------------------------------------------------------------------------
                                                       Weighted-average
                      Exporters                         dumping margin
                                                           (percent)
------------------------------------------------------------------------
Nanjing Dongsheng Shelf Manufacturing Co., Ltd......                9.02
Nanjing Kingmore Logistics Equipment Manufacturing                 98.70
 Co., Ltd...........................................
Review-Specific Rate Applicable to the Following
 Companies:
    Jiangsu Nova Intelligent Logistics Equipment                   49.85
     Co., Ltd.......................................
    Nanjing Ironstone Storage Equipment Co., Ltd....               49.85
    Suzhou (China) Sunshine Hardware & Equipment                   49.85
     Imp. & Exp. Co., Ltd...........................
    Xiamen Luckyroc Industry Co., Ltd...............               49.85
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose to parties to the proceeding the 
calculations performed for these preliminary 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).

Public Comment

    Interested parties may submit case briefs to Commerce no later than 
30 days after the date of publication of these preliminary results of 
review in the Federal Register.\10\ Rebuttal briefs may be filed with 
Commerce no later than seven days after case briefs are due and may 
respond only to arguments raised in the case briefs.\11\ A table of 
contents, list of authorities used, and an executive summary of issues 
should accompany any briefs submitted to Commerce. The summary should 
be limited to five pages total, including footnotes.\12\
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    \10\ See 19 CFR 351.309(c)(ii).
    \11\ See 19 CFR 351.309(d).
    \12\ See 19 CFR 351.309(c)(2), (d)(2).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice in the Federal Register. 
Requests for a hearing should contain: (1) The requesting party's name, 
address, and telephone number; (2) the number of individuals associated 
with the requesting party that will attend the hearing and whether any 
of those individuals is a foreign national; and (3) a list of the 
issues the

[[Page 55577]]

party intends to discuss at the hearing. Oral arguments at the hearing 
will be limited to issues raised in the case and rebuttal briefs. If a 
request for a hearing is made, Commerce will announce the date and time 
of the hearing. Parties should confirm by telephone the date and time 
of the hearing two days before the scheduled hearing date.
    All submissions, with limited exceptions, must be filed 
electronically using ACCESS. An electronically filed document must be 
received successfully in its entirety by Commerce's electronic records 
system, ACCESS, by 5 p.m. Eastern Time (ET) on the due date. \13\ Note 
that Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information until 
further notice.\14\
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    \13\ See 19 CFR 351.303 (for general filing requirements); 
Antidumping and Countervailing Duty Proceedings: Electronic Filing 
Procedures; Administrative Protective Order Procedures, 76 FR 39263 
(July 6, 2011).
    \14\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 29615 (May 18, 
2020); and Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020).
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Final Results of Review

    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, which will include the results 
of its analysis of issues raised in any briefs, within 120 days of 
publication of these preliminary results of review in the Federal 
Register, pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results of review, Commerce will 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries of subject merchandise covered by this review.\15\ 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).
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    \15\ See 19 CFR 351.212(b)(1).
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    For the individually examined respondents whose rate is not zero or 
de minimis, we will calculate importer-specific assessment rates in 
accordance with 19 CFR 351.212(b)(1).\16\ Where the respondent reported 
reliable entered values, we intend to calculate importer-specific ad 
valorem assessment rates by dividing the total amount of dumping 
calculated for all reviewed U.S. sales to the importer by the total 
entered value of the merchandise sold to the importer/customer.\17\ 
Where the respondent did not report entered values, we will calculate 
importer-specific assessment rates by dividing the total amount of 
dumping calculated for all reviewed U.S. sales to the importer by the 
total quantity of those sales. We also will calculate an estimated ad 
valorem importer-specific assessment rate to determine whether the per-
unit assessment rate is de minimis; however, we will use the per-unit 
assessment rate where entered values were not reported.\18\
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    \16\ 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).
    \17\ See 19 CFR 351.212(b)(1).
    \18\ Id.
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    Where an importer-specific ad valorem assessment rate is not zero 
or de minimis, we will instruct CBP to collect the appropriate duties 
at the time of liquidation. Where either the respondent's ad valorem 
weighted-average dumping margin is zero or de minimis, or an importer-
specific ad valorem assessment rate is zero or de minimis,\19\ we will 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties.
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    \19\ See 19 CFR 351.106(c)(2).
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    For companies not individually examined in this administrative 
review that qualified for a separate rate and whose rate is not zero or 
de minimis, the assessment rate will be equal to the weighted-average 
dumping margin determined for the non-examined companies in the final 
results of this review.\20\ If the weighted-average dumping margin for 
the non-examined companies is zero or de minimis, then the entries 
associated with these companies will be liquidated without regards to 
antidumping duties.
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    \20\ See Drawn Stainless Steel Sinks from the People's Republic 
of China: Preliminary Results of the Antidumping Duty Administrative 
Review and Preliminary Determination of No Shipments: 2014-2015, 81 
FR 29528 (May 12, 2016), and accompanying Preliminary Decision 
Memorandum at 10-11, unchanged in Drawn Stainless Steel Sinks from 
the People's Republic of China: Final Results of Antidumping Duty 
Administrative Review; Final Determination of No Shipments; 2014-
2015, 81 FR 54042 (August 15, 2016).
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    For companies that are found to not be eligible for a separate rate 
and therefore are considered as part of the China-wide entity, the 
assessment rate will be equal to the weighted-average dumping margin 
determined for the China-wide entity,\21\ i.e., 144.50 percent.
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    \21\ See Order.
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    Pursuant to Commerce's refinement to its practice,\22\ for sales of 
merchandise that were not reported in the U.S. sales data submitted by 
a respondent individually examined during this review, but the 
merchandise was entered into the United States during the POR, we will 
instruct CBP to liquidate any entries of such merchandise at the 
assessment rate for the China-wide entity. Additionally, where Commerce 
determines that an exporter under review had no shipments of subject 
merchandise to the United States during the POR, any suspended entries 
of subject merchandise that entered under that exporter's CBP case 
number during the POR will be liquidated at the assessment rate for the 
China-wide entity.
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    \22\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full 
discussion of this practice.
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    In accordance with section 751(a)(2)(C) of the Act, the final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by the review and 
for future cash deposits of estimated antidumping duties, where 
applicable.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this review in the Federal Register 
for all shipments of steel racks from China entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of the 
notice of the final results of this administrative review in the 
Federal Register, as provided for by section 751(a)(2)(C) of the Act: 
(1) For a company granted a separate rate in the final results of this 
review, the cash deposit rate will be equal to the weighted-average 
dumping margin established in the final results of this review for the 
company (except, if the rate is zero or de minimis, then a cash deposit 
rate of zero will be required); (2) for previously investigated or 
reviewed exporter of subject merchandise not listed in the table in the 
``Preliminary Result of Review'' section of this notice that continues 
to be eligible for a separate rate, the cash deposit rate will continue 
to be the exporter's existing cash deposit rate; (3) for a Chinese 
exporter of subject merchandise that does not have separate rate, the 
cash deposit rate will be the China-wide entity rate, which is 144.50 
percent; and

[[Page 55578]]

(4) for a non-Chinese exporter of subject merchandise that does not 
have a separate rate, the cash deposit rate will be the rate applicable 
to China exporter(s) that supplied that non-China exporter.
    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Notification to Importers

    This notice also serves as a preliminary 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 the Commerce's presumption 
that reimbursement of antidumping and/or countervailing duties occurred 
and the subsequent assessment of double antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these preliminary results of review 
in accordance with sections 751(a)(l) and 777(i)(l) of the Act and 19 
CFR 351.213 and 351.221(b)(4).

    Dated: September 30, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.

Appendix I

List of Sections in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Review
IV. Extension of the Preliminary Results
V. Scope of the Order
VI. Preliminary Determination of No Shipments
VII. Selection of Respondents
VIII. Discussion of Methodology
IX. Currency Conversion
X. Recommendation

Appendix II

Companies Preliminary Determined to not be Eligible for a Separate Rate

1. Ateel Display Industries (Xiamen) Co., Ltd
2. Changzhou Tianyue Storage Equipment Co., Ltd
3. CTC Universal (Zhangzhou) Industrial Co., Ltd
4. David Metal Craft Manufactory Ltd
5. Fujian Ever Glory Fixtures Co., Ltd
6. Fujian First Industry and Trade Co., Ltd
7. Huanghua Hualing Garden Products Co., Ltd
8. Huanghua Hualing Hardware Products Co., Ltd
9. Huanghua Xingyu Hardware Products Co., Ltd
10. Huanghua Xinxing Furniture Co., Ltd
11. Huangua Haixin Hardware Products Co., Ltd
12. Huangua Qingxin Hardware Products Co., Ltd
13. i-Lift Equipment Ltd
14. Jiangsu Baigeng Logistics Equipments Co., Ltd
15. Jiangsu Kingmore Storage Equipment Manufacturing Co., Ltd
16. Johnson (Suzhou) Metal Products Co., Ltd
17. Master Trust (Xiamen) Import and Export Co., Ltd
18. Ningbo Beilun Songyi Warehouse Equipment Manufacturing Co., Ltd
19. Ningbo Xinguang Rack Co., Ltd
20. Qingdao Rockstone Logistics Appliance Co., Ltd
21. Redman Corporation
22. Redman Import & Export Limited
23. Tianjin Master Logistics Equipment Co., Ltd
24. Waken Display System Co., Ltd
25. Xiamen Baihuide Manufacturing Co., Ltd
26. Xiamen Ever Glory Fixtures Co., Ltd
27. Xiamen Golden Trust Industry & Trade Co., Ltd
28. Xiamen Huiyi Beauty Furniture Co., Ltd
29. Xiamen Kingfull Imp and Exp Co., Ltd. (d.b.a) Xiamen Kingfull 
Displays Co., Ltd
30. Xiamen LianHong Industry and Trade Co., Ltd
31. Xiamen Luckyroc Storage Equipment Manufacture Co., Ltd
32. Xiamen Meitoushan Metal Products Co., Ltd
33. Xiamen Power Metal Display Co., Ltd
34. Xiamen XinHuiYuan Industrial & Trade Co., Ltd
35. Xiamen Yiree Display Fixtures Co., Ltd
36. Yuanda Storage Equipment Ltd
37. Zhangjiagang Better Display Co., Ltd
38. Zhangzhou Hongcheng Hardware & Plastic Industry Co., Ltd

[FR Doc. 2021-21853 Filed 10-5-21; 8:45 am]
BILLING CODE 3510-DS-P