[Federal Register Volume 87, Number 68 (Friday, April 8, 2022)]
[Notices]
[Pages 20817-20820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07501]


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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 and 
Final Determination of No Shipments; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) has determined that 
certain 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. Additionally, 
we determined that Hebei Minmetals Co., Ltd. (Hebei Minmetals) and 
Guangdong Wireking Housewares and Hardware Co., Ltd., (Guangdong 
Wireking) made no shipments of subject merchandise to the United States 
during the POR.

DATES: Applicable April 8, 2022.

FOR FURTHER INFORMATION CONTACT: Elizabeth Bremer or 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) 482-4987 and (202) 
482-3518, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On October 6, 2021, Commerce published the Preliminary Results for 
this review in the Federal Register and invited interested parties to 
comment on those results.\1\ In November 2021, Commerce received 
comments and rebuttal comments from interested parties regarding the 
Preliminary Results.\2\ On January 12, 2022, Commerce held a public 
hearing regarding issues in this administrative review.\3\ On January 
28, 2022, and again on March 1, 2022, Commerce extended the deadline 
for issuing the final results of this review.\4\ The current deadline 
for issuing the final results of this review is April 1, 2022. For 
further details regarding the events that occurred subsequent to 
issuing the Preliminary Results, see the Issues and Decision 
Memorandum.\5\ 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 of the Antidumping Duty 
Administrative Review and Preliminary Determination of No Shipments; 
2019-2020, 86 FR 55575 (October 6, 2021) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Petitioner's Letter, ``Case Brief,'' dated November 5, 
2021; see also Dongsheng's Letter, ``Steel Racks from the People's 
Republic of China--Case Brief,'' dated November 5, 2021; Nanjing 
Kingmore's Letter, ``Certain Steel Racks and Parts Thereof from the 
People's Republic of China, Case No. A-570-088: Case Brief,'' dated 
November 5, 2021; Jiangsu Nova's Letter, ``Steel Racks and Parts 
Thereof from the People's Republic of China: Letter in Lieu of 
Brief,'' dated November 5, 2021; Petitioner's Letter, ``Rebuttal 
Brief,'' dated November 12, 2021; Dongsheng's Letter, ``Steel Racks 
from the People's Republic of China--Rebuttal Brief,'' dated 
November 12, 2021; and Nanjing Kingmore's Letter, ``Certain Steel 
Racks and Parts Thereof from the People's Republic of China, Case 
No. A-570-088: Nanjing Kingmore's Rebuttal Brief,'' dated November 
12, 2021.
    \3\ See Commerce Letter, ``Antidumping Duty Administrative 
Review of Steel Racks and Parts Thereof from the People's Republic 
of China: Hearing Schedule,'' dated January 7, 2022.
    \4\ See Memoranda, ``Extension of Deadline for Final Results,'' 
dated January 28, 2022; and ``Extension of Deadline for Final 
Results,'' dated March 1, 2022.
    \5\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2019-2020 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 (Issues and Decision Memorandum).
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Scope of the Order 6
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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 covered by this Order is steel racks and parts 
thereof,

[[Page 20818]]

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). For a full description of the scope, see the Issues and Decision 
Memorandum.

Analysis of Comments Received

    All issues raised by interested parties in the case and rebuttal 
briefs are addressed 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 in Appendix I. 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 https://access.trade.gov. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Final Determination of No Shipments

    In the Preliminary Results, we determined that Hebei Minmetals and 
Guangdong Wireking made no shipments of subject merchandise to the 
United States during the POR.\7\ As we have not received any arguments 
identifying information that undermines our preliminary finding, we 
made no changes to that determination for the final results of review.
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    \7\ See Preliminary Results PDM.
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Changes Since the Preliminary Results

    We corrected ministerial errors in our preliminary calculations of 
the manufacturing overhead ratio, freight-in costs, and certain net 
U.S. prices for Nanjing Kingmore Logistics Equipment Manufacturing Co., 
Ltd. (Nanjing Kingmore). We also corrected the draft liquidation 
instructions for Nanjing Kingmore. For a discussion of these 
corrections, see the Issues and Decision Memorandum.

Separate Rates

    No parties commented on our preliminary separate rates 
determinations. We continue to find that Dongsheng and Nanjing Kingmore 
(i.e., the mandatory respondents), and the four companies listed in the 
``Final Results of Review'' section below, are eligible for a separate 
rate. Additionally, we have continued to deny separate rate status to 
each of the companies listed in Appendix II.

Rate for Non-Examined Separate Rate Respondents

    The statue and Commerce's regulations do not address what rate to 
apply to respondents 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, which provides instructions for calculating the 
all-others rate in an investigation, for guidance when calculating the 
rate for non-selected respondents that are not examined individually in 
an administrative review.
    Section 735(c)(5)(A) of the Act states that the all-others rate 
should be calculated by averaging the weighted-average dumping margins 
determined for individually-examined respondents, excluding rates that 
are zero, de minimis, or based entirely on facts available. When the 
rates determined for individually examined respondents 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 all others rate.
    The final weighted-average dumping margins that we calculated for 
the mandatory respondents Dongsheng and Nanjing Kingmore are not zero, 
de minimis, or based entirely on facts available. Therefore, we 
assigned a weighted-average dumping margin to the non-individually 
examined respondents to which we granted separate rate status equal to 
the weighted average of the weighted-average dumping margins that we 
calculated for Dongsheng and Nanjing Kingmore, consistent with the 
guidance in section 735(c)(5)(A) of the Act.\8\
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    \8\ See Memorandum, ``First Administrative Review of the 
Antidumping Duty Order on Certain Steel Racks and Parts Thereof from 
China: Final Calculation of the Rate for Separate Rate 
Respondents,'' dated concurrently with this notice.
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The China-Wide Entity

    Because no party requested a review of the China-wide entity in 
this segment of the proceeding, the entity is not under review, and the 
entity's rate (i.e., 144.50 percent) is not subject to change.\9\ Other 
than the companies for which we made a final no-shipment determination, 
Commerce considers all other companies for which a review was requested 
that did not demonstrate separate rate eligibility, to be part of the 
China entity.\10\
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    \9\ See Order, 84 FR 48584.
    \10\ In this review, we have determined that the companies 
listed in Appendix II subject to the review are now part of the 
China-wide entity.
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Final Results of Review

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

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Nanjing Dongsheng Shelf Manufacturing Co., Ltd..............        9.99
Nanjing Kingmore Logistics Equipment Manufacturing Co., Ltd.       18.87
Review-Specific Rate Applicable to the Following Companies:
  Jiangsu Nova Intelligent Logistics Equipment Co., Ltd.....       14.03
  Nanjing Ironstone Storage Equipment Co., Ltd..............       14.03
  Suzhou (China) Sunshine Hardware & Equipment Imp. & Exp.         14.03
   Co., Ltd.................................................
  Xiamen Luckyroc Industry Co., Ltd.........................       14.03
------------------------------------------------------------------------

Disclosure

    Pursuant to 19 CFR 351.224(b), within five days of the publication 
of this notice in the Federal Register, we will disclose to the parties 
to this proceeding, the calculations that we performed for these final 
results of review.

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(1), 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).
    Where the respondent's weighted-average dumping margin is zero or 
de minimis, or where an importer- (or customer-) specific ad valorem or 
per-unit rate is zero or de minimis, Commerce will instruct CBP to 
liquidate appropriate entries without regard to

[[Page 20819]]

antidumping duties.\11\ For U.S. entries that were not reported in the 
U.S. sales database submitted by an exporter individually examined 
during this review, but that entered under the case number of that 
exporter (i.e., at the individually-examined exporter's cash deposit 
rate), Commerce will instruct CBP to liquidate such entries at the 
China-wide entity rate (i.e., 144.50 percent).\12\
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    \11\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 
2012).
    \12\ See Order, 84 FR 48584.
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    For any individually-examined respondent whose weighted-average 
dumping margin is above de minimis (i.e., 0.50 percent), we will 
calculate importer-specific or customer-specific assessment rates on 
the basis of the ratio of the total amount of antidumping duties 
calculated for each importer's examined sales and the total entered 
value of the sales, in accordance with 19 CFR 351.212(b)(1).\13\
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    \13\ Id.
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    For respondents not individually examined in this administrative 
review that qualified for a separate rate, the assessment rate will be 
equal to the weighted average of the dumping margins assigned to the 
mandatory respondents in the final results of this review.
    For the respondents not eligible for a separate rate, which we 
considered to be part of the China-wide entity, we intend to instruct 
CBP to apply an ad valorem assessment rate of 144.50 percent (i.e., the 
China-wide entity rate) to all U.S. entries of subject merchandise 
during the POR that were exported by these companies.
    Additionally, if Commerce determines that an exporter under review 
had no shipments of the subject merchandise, any suspended entries that 
entered under that exporter's case number will be liquidated at the 
China-wide entity rate.

Cash Deposit Requirements

    The following cash deposit requirements will be effective for 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of review, as provided for by section 751(a)(2)(C) of the 
Act: (1) For the exporters listed in the table above, the cash deposit 
rate will be the rate listed for the exporter in the table; (2) for 
previously investigated or reviewed China and non-China exporters not 
listed in the table above that have separate rates, the cash deposit 
rate will continue to be the existing exporter-specific rate published 
for the most recent period; (3) for all China exporters of subject 
merchandise that have not been found to be entitled to a separate rate, 
the cash deposit rate will be the rate previously established for the 
China-wide entity, which is 144.50 percent; and (4) for all non-China 
exporters of subject merchandise which have not received their own 
rate, the cash deposit rate will be the rate 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 serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this 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.

Notification Regarding Administrative Protective Order (APO)

    This notice also serves as a reminder to parties subject to APO of 
their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3), 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 19 CFR 351.221(b)(5).

    Dated: April 1, 2022.
Ryan Majerus,
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. Changes Since the Preliminary Results
V. Discussion of Issues
    1. Whether Commerce Selected the Appropriate Surrogate Country
    2. Whether Commerce Miscalculated the Manufacturing Overhead 
Ratio
    3. Whether Nanjing Dongsheng Shelf Manufacturing Co., Ltd. 
(Dongsheng) is Affiliated with its U.S. Importer
    4. Whether Commerce Miscalculated Direct Material and Packing 
Costs
    5. Whether to Collapse Nanjing Kingmore Logistics Equipment 
Manufacturing Co., Ltd. (Nanjing Kingmore) with its Affiliate and 
Apply Total Adverse Facts Available
    6. Whether Commerce Miscalculated Direct Material Costs and the 
Net Prices of Certain U.S. Sales
    7. Whether Commerce Omitted a U.S. Customer from its Draft 
Liquidation Instructions
V. Recommendation

Appendix II

Companies 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.,

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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. 2022-07501 Filed 4-7-22; 8:45 am]
BILLING CODE 3510-DS-P