[Federal Register Volume 87, Number 193 (Thursday, October 6, 2022)]
[Notices]
[Pages 60644-60647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21800]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-089]


Certain Steel Racks and Parts Thereof From the People's Republic 
of China: Preliminary Results of Countervailing Duty Administrative 
Review and Intent To Rescind the Review, in Part; 2020

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that the companies subject to this countervailing duty (CVD)

[[Page 60645]]

administrative review of certain steel racks and parts thereof (steel 
racks) from the People's Republic of China (China) received 
countervailable subsidies during the period of review (POR), January 1, 
2020 through December 31, 2020. Interested parties are invited to 
comment on these preliminary results of review.

DATES: Applicable October 6, 2022.

FOR FURTHER INFORMATION CONTACT: Drew Jackson 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) 482-4406.

SUPPLEMENTARY INFORMATION:

Background

    On September 16, 2019, Commerce published the CVD order on steel 
racks from China.\1\ On September 2, 2021, Commerce published a notice 
of opportunity to request an administrative review of the Order for the 
POR.\2\ In August 2021, we received timely requests from multiple 
parties to conduct an administrative review of the Order. On November 
5, 2021, we published a notice of initiation for this administrative 
review.\3\ On May 25, 2022, Commerce extended the deadline for the 
preliminary results of this review by 120 days to September 30, 
2022.\4\
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    \1\ 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).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 86 FR 17137 (September 2, 2021).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 61121 (November 5, 2021).
    \4\ See Memorandum, ``Steel Racks from the People's Republic of 
China: Extension of Deadline for Preliminary Results of 
Countervailing Duty Administrative Review; 2020,'' dated May 25, 
2022.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\5\ 
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 https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Countervailing Duty 
Order on Certain Steel Racks and Parts Thereof from the People's 
Republic of China; 2020,'' dated concurrently with, and hereby 
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order

    The scope of the Order covers steel racks from China. For a 
complete description of the scope of the Order, see the Preliminary 
Decision Memorandum.

Methodology

    We are conducting this administrative review in accordance with 
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). 
For each of the subsidy programs found countervailable, we determine 
that there is a subsidy, i.e., a financial contribution by an 
``authority'' that confers a benefit to the recipient, and that the 
subsidy is specific.\6\ For a full description of the methodology 
underlying our preliminary conclusions, including our reliance, in 
part, on adverse facts available pursuant to sections 776(a) and (b) of 
the Act, see the Preliminary Decision Memorandum. A list of topics 
included in the Preliminary Decision Memorandum is provided in the 
appendix to this notice.
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    \6\ 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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Intent To Rescind Administrative Review, in Part

    On December 2, 2021, Hebei Minmetals Co., Ltd. (Hebei Minmetals) 
timely filed a no-shipments certification.\7\ Based on information 
received from U.S. Customs and Border Protection (CBP), we intend to 
rescind the administrative review with regard to Hebei Minmetals, in 
accordance with 19 CFR 351.213(d)(3), in the final results of 
review.\8\
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    \7\ See Hebei Minmetals' Letter, ``Steel Racks from the People's 
Republic of China: Hebei Minmetals' No Shipment Letter,'' dated 
December 2, 2021.
    \8\ See Memoranda, ``Steel Racks from the People's Republic of 
China: Customs Data for Respondent Selection,'' dated November 24, 
2021; and ``Steel Racks from the People's Republic of China: Release 
of U.S. Customs and Border Protection Information Relating to No 
Shipment Claim,'' dated August 16, 2022.
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Preliminary Rate for Non-Selected Companies Under Review

    There are 29 companies for which a review was requested and not 
subject to rescission in the final results of review, and which were 
not selected as mandatory respondents or found to be cross-owned with 
the mandatory respondent. The statute and Commerce's regulations do not 
directly address the establishment of rates to be applied to companies 
not selected for individual examination where Commerce limits its 
examination in an administrative review pursuant to section 777A(e)(2) 
of the Act. However, Commerce normally determines the rates for non-
selected companies in reviews in a manner that is consistent with 
section 705(c)(5) of the Act, which provides the basis for calculating 
the all-others rate in an investigation.
    Section 705(c)(5)(A)(i) of the Act instructs Commerce, as a general 
rule, to calculate an all-others rate equal to the weighted average of 
the countervailable subsidy rates established for exporters and/or 
producers individually examined, excluding any rates that are zero, de 
minimis, or based entirely on facts available. In this review, the sole 
mandatory respondent, Nanjing Dongsheng Shelf Manufacturing Co., Ltd. 
(Dongsheng), had a rate which was not zero, de minimis, or based 
entirely on facts available. Thus, for the companies for which a review 
was requested that were not selected as mandatory company respondents 
and for which Commerce is not rescinding the review, Commerce is basing 
the subsidy rate on the rate calculated for Dongsheng.

Preliminary Results of Review

    As a result of this administrative review, we preliminarily find 
that the following net countervailable subsidy rates exist for the 
period January 1, 2020, through December 31, 2020:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
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Nanjing Dongsheng Shelf Manufacturing Co., Ltd..........           21.02
Review-Specific Rate Applicable to the Following
 Companies:
    Ateel Display Industries (Xiamen) Co., Ltd..........           21.02
    CTC Universal (Zhangzhou) Industrial Co., Ltd.......           21.02
    David Metal Craft Manufactory Ltd...................           21.02

[[Page 60646]]

 
    Fujian Ever Glory Fixtures Co., Ltd.................           21.02
    Guangdong Wireking Housewares and Hardware Co., Ltd.           21.02
    Hebei Wuxin Garden Products Co., Ltd................           21.02
    Huanghua Xinxing Furniture Co., Ltd.................           21.02
    i-Lift Equipment Ltd................................           21.02
    Johnson (Suzhou) Metal Products Co., Ltd............           21.02
    Master Trust (Xiamen) Import and Export Co., Ltd....           21.02
    Nanjing Ironstone Storage Equipment Co., Ltd........           21.02
    Nanjing Kingmore Logistics Equipment Manufacturing             21.02
     Co., Ltd...........................................
    Ningbo Xinguang Rack Co., Ltd.......................           21.02
    Redman Corporation..................................           21.02
    Redman Import & Export Limited......................           21.02
    Suzhou (China) Sunshine Hardware & Equipment Imp. &            21.02
     Exp. Co. Ltd.......................................
    Tianjin Master Logistics Equipment Co., Ltd.........           21.02
    Xiamen Baihuide Manufacturing Co., Ltd..............           21.02
    Xiamen Ever Glory Fixtures Co., Ltd.................           21.02
    Xiamen Golden Trust Industry & Trade Co., Ltd.......           21.02
    Xiamen Kingfull Imp and Exp Co., Ltd. (d.b.a) Xiamen           21.02
     Kingfull Displays Co., Ltd.........................
    Xiamen LianHong Industry and Trade Co., Ltd.........           21.02
    Xiamen Luckyroc Industry Co., Ltd...................           21.02
    Xiamen Luckyroc Storage Equipment Manufacture Co.,             21.02
     Ltd................................................
    Xiamen Meitoushan Metal Products Co., Ltd...........           21.02
    Xiamen Power Metal Display Co., Ltd.................           21.02
    Xiamen XinHuiYuan Industrial & Trade Co., Ltd.......           21.02
    Xiamen Yiree Display Fixtures Co., Ltd..............           21.02
    Zhangjiagang Better Display Co., Ltd................           21.02
------------------------------------------------------------------------

Assessment Rates

    Upon issuance of the final results of this administrative review, 
consistent with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), 
Commerce shall determine, and CBP shall assess, CVDs on all appropriate 
entries covered by this review. For the company for which we intend to 
rescind this review, upon issuance of the final rescission, Commerce 
will instruct CBP to assess CVDs on all appropriate entries at a rate 
equal to the cash deposit of estimated CVDs required at the time of 
entry, or withdrawal from warehouse, for consumption, during the period 
January 1, 2020, through December 31, 2020, in accordance with 19 CFR 
351.212(c)(1)(i).
    For the companies remaining in the review, 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

    Pursuant to section 751(a)(2)(C) of the Act, Commerce intends, upon 
publication of the final results, to instruct CBP to collect cash 
deposits of estimated CVDs in the amounts calculated in the final 
results of this review for the respective companies listed above, on 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the date of publication of the final 
results of this administrative review. If the rate calculated in the 
final results is zero or de minimis, no cash deposit will be required 
on shipments of the subject merchandise entered or withdrawn from 
warehouse, for consumption on or after the date of publication of the 
final results of this review.
    For all non-reviewed companies, we will instruct CBP to continue to 
collect cash deposits of estimated countervailing duties at the China-
wide entity rate (i.e., 144.50 percent) \9\ or the most recent company-
specific rate applicable to the company, as appropriate. These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \9\ See Order, 84 FR at 48585.
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Disclosure and Public Comment

    We intend to disclose the calculations performed for these 
preliminary results to parties in this proceeding within five days 
after public announcement of the preliminary results in accordance with 
19 CFR 351.224(b). Pursuant to 19 CFR 351.309(c), interested parties 
may submit case briefs no later than 30 days after the date of 
publication of this notice. Rebuttal briefs, limited to issues raised 
in the case briefs, may be filed no later than seven days after the 
date for filing case briefs.\10\ Parties who submit case or rebuttal 
briefs in this proceeding are encouraged to submit with each argument: 
(1) a statement of the issue; (2) a brief summary of the argument; and 
(3) a table of authorities.\11\ Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information, until further notice.\12\
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    \10\ See 19 CFR 351.309(d).
    \11\ See 19 CFR 351.309(c)(2) and (d)(2).
    \12\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19, 85 FR 41363 (July 10, 2020).
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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, filed electronically via ACCESS. An 
electronically filed document must be received successfully in its 
entirety by Commerce's electronic records system, ACCESS, by 5:00 p.m. 
Eastern Time within 30 days after the date of publication of this 
notice.\13\ Requests should contain: (1) the party's name, address, and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. If a request for a hearing is made, we will 
inform parties of the scheduled date and time for the hearing.
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    \13\ See 19 CFR 351.310(c).

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[[Page 60647]]

    Unless extended, we intend to issue the final results of this 
administrative review, including the results of our analysis of the 
issues raised by the parties in their case briefs, no later than 120 
days after the date of publication of this notice in the Federal 
Register, pursuant to section 751(a)(3)(A) of the Act.

Notification to Interested Parties

    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.213(d)(4) and 351.221(b)(4).

    Dated: September 30, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Non-Selected Companies Under Review
V. Intent To Rescind Administrative Review, in Part
VI. Diversification of China's Economy
VII. Use of Facts Otherwise Available and Application of Adverse 
Inferences
VIII. Subsidies Valuation
IX. Interest Rate Benchmarks, Discount Rates, Steel Input, 
Electricity, and Natural Gas Benchmarks
X. Analysis of Programs
XI. Recommendation

[FR Doc. 2022-21800 Filed 10-5-22; 8:45 am]
BILLING CODE 3510-DS-P