[Federal Register Volume 88, Number 68 (Monday, April 10, 2023)]
[Notices]
[Pages 21177-21179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07475]



[[Page 21177]]

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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: Final Results and Partial Rescission of Countervailing Duty 
Administrative Review; 2020

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
countervailable subsidies were provided to producers and exporters of 
certain steel racks and parts thereof (steel racks) from the People's 
Republic of China (China) during the period of review (POR), January 1, 
2020, through December 31, 2020.

DATES: Applicable April 10, 2023.

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 October 6, 2022, Commerce published the Preliminary Results.\1\ 
This review covers one mandatory respondent, Nanjing Dongsheng Shelf 
Manufacturing Co., Ltd. (Dongsheng), as well as 29 non-selected 
companies under review. We invited interested parties to comment on the 
Preliminary Results.\2\ We received timely case briefs from the 
Government of China (GOC),\3\ the Coalition for Fair Rack Imports (the 
petitioner),\4\ and Dongsheng,\5\ and timely filed rebuttal briefs from 
the petitioner \6\ and Dongsheng.\7\ For a detailed description of the 
events that occurred subsequent to the Preliminary Results, see the 
Issues and Decision Memorandum.\8\ On January 6, 2023, in accordance 
with section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the 
Act), Commerce extended the deadline for issuing the final results 
until April 4, 2023.\9\
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    \1\ See 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, 87 FR 60644 (October 6, 2022) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
    \2\ Id., 87 FR at 60644.
    \3\ See GOC's Letter, ``GOC Administrative Case Brief,'' dated 
November 10, 2022.
    \4\ See Petitioner's Letter, ``Petitioner's Case Brief,'' dated 
November 10, 2022.
    \5\ See Dongsheng's Letter, ``Case Brief,'' dated November 10, 
2022.
    \6\ See Petitioner's Letter, ``Petitioner's Rebuttal,'' dated 
November 17, 2022.
    \7\ See Dongsheng's Letter, ``Rebuttal Brief,'' dated November 
17, 2022.
    \8\ See Memorandum, ``Certain Steel Racks and Parts Thereof from 
the People's Republic of China: Issues and Decision Memorandum for 
the Final Results of the 2020 Countervailing Duty Administrative 
Review,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
    \9\ See Memorandum, ``Extension of Deadline for the Final 
Results of Countervailing Duty Administrative Review,'' dated 
January 6, 2023.
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Scope of the Order \10\
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    \10\ 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 subheadings 
7326.90.8688, 9403.20.0081, 9403.90.8041, and 9403.99.9041.\11\ Subject 
merchandise may also be classified 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.
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    \11\ On February 9, 2022, Commerce received a request from U.S. 
Customs and Border Protection (CBP) to update the ACE Case Reference 
File (CRF) for this proceeding. Specifically, CBP requested that 
Commerce add HTSUS number 9403.99.9041 to the CRF to reflect 2022 
updates to the HTSUS. On May 4, 2022, Commerce added HTSUS number 
9403.99.9041 to the CRF for this proceeding (A-570-088). See 
Memorandum, ``Request from Customs and Border Protection to Update 
the ACE AD/CVD Case Reference File: Certain Steel Racks and Parts 
Thereof from the People's Republic of China (A-570-088, C-570-
089),'' dated May 4, 2022.
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    A full description of the scope of the Order is contained in the 
Issues Decision Memorandum.

Analysis of Comments Received

    All issues raised by interested parties in briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues addressed in 
the Issues and Decision Memorandum is provided in Appendix I to this 
notice. 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.

Changes Since the Preliminary Results

    Based on our review of the record and comments received from 
interested parties regarding our Preliminary Results, we made certain 
revisions to the countervailable subsidy rate calculations for the sole 
mandatory respondent, Dongsheng.\12\ As a result of the changes to 
Dongsheng's program rates, the final rate for the 29 non-selected 
companies under review also changed.\13\ These changes are explained in 
the Issues and Decision Memorandum.
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    \12\ See Memorandum, ``Final Results Calculations for Nanjing 
Dongsheng Shelf Manufacturing Co., Ltd.,'' dated concurrently with 
this notice.
    \13\ See Appendix II, which identifies the 29 non-selected 
companies subject to the instant administrative review.
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Methodology

    Commerce conducted this review in accordance with section 
751(a)(1)(A) of the Act. For each of the subsidy programs found 
countervailable, we find that there is a subsidy, i.e., a government-
provided financial contribution that gives rise to a benefit to the 
recipient, and that the subsidy is specific.\14\ The Issues and 
Decision Memorandum contains a full description of the methodology 
underlying Commerce's conclusions, including any determination that 
relied upon the use of adverse facts available pursuant to sections 
776(a) and (b) of the Act.
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    \14\ 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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Partial Rescission of Review

    On November 5, 2021, Commerce initiated an administrative review of 
Hebei Minmetals Co., Ltd. (Hebei Minmetals).\15\ In the Preliminary 
Results, we stated our intent to rescind the review with respect to 
Hebei Minmetals because it claimed no shipments during the POR and we 
did not receive any information to contradict its claim.\16\ Therefore, 
in

[[Page 21178]]

accordance with 19 CFR 351.213(d)(3), we are rescinding this 
administrative review with respect to Hebei Minmetals.
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    \15\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 61121 (November 5, 2021).
    \16\ See Preliminary Results, 87 FR at 60644.
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Companies Not Selected for Individual Review

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied 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 705(c)(5) of the Act, which 
provides instructions for determining the all-others rate in an 
investigation, for guidance when calculating the rate for companies 
which were not selected for individual examination in an administrative 
review. Under section 705(c)(5)(A) of the Act, the all-others rate is 
normally an amount equal to the weighted average of the countervailable 
subsidy rates established for exporters and producers individually 
investigated, excluding any zero or de minimis countervailable subsidy 
rates, and any rates determined entirely on the basis of facts 
available.
    As stated above, there are 29 companies for which a review was 
requested and not rescinded, and which were not selected as mandatory 
respondents, or found to be cross owned with a mandatory respondent. 
For these non-selected companies, because the rate calculated for the 
only participating mandatory respondent in this review, Dongsheng, was 
above de minimis and not based entirely on facts available, we are 
applying to the 29 non-selected companies Dongsheng's subsidy rate. 
This methodology used to establish the rate for the non-selected 
companies is consistent with our practice regarding the calculation of 
the all-others rate, pursuant to section 705(c)(5)(A)(i) of the Act.

Final Results of Review

    We find the countervailable subsidy rates for the sole mandatory 
respondent and non-selected respondents under review for the period of 
January 1, 2020, through December 31, 2020, to be as follows:
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    \17\ See Appendix II for a full list of companies not 
individually examined in this review.

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
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Nanjing Dongsheng Shelf Manufacturing Co., Ltd..........            6.09
Non-Selected Companies Under Review \17\................            6.09
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Disclosure

    We intend to disclose the calculations performed in connection with 
the final results of review to parties in this proceeding within five 
days of the date of publication of this notice 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, countervailing duties on all appropriate entries of 
subject merchandise in accordance with the final results of this 
review, for the above-listed companies at the applicable ad valorem 
assessment rates listed. 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

    In accordance with section 751(a)(1) of the Act, Commerce intends 
to instruct CBP to collect cash deposits of estimated countervailing 
duties in the amounts shown for each of 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. For all non-reviewed firms 
subject to the Order, we will instruct CBP to continue to collect cash 
deposits of estimated countervailing duties at the most recent company-
specific or all-others rate applicable to the company, as appropriate. 
These cash deposit requirements, effective upon publication of the 
final results of review, shall remain in effect until further notice.

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(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 and publishing these final results of administrative 
review and notice in accordance with sections 751(a)(1) and 777(i) of 
the Act and 19 CFR 351.221(b)(5).

    Dated: April 4, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Diversification of China's Economy
V. Use of Facts Otherwise Available and Application of Adverse 
Inferences
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Discussion of the Issues
    Comment 1: Whether to Apply Adverse Facts Available (AFA) to the 
Export Buyer's Credit (EBC) Program
    Comment 2: Whether to Revise the Sources Used to Calculate the 
Benchmarks for Steel Welding Wire and Welding Rod
    Comment 3: Whether to Rely on Additional Steel Benchmark Data
    Comment 4: Whether the Provision of Natural Gas for Less Than 
Adequate Remuneration (LTAR) Is Specific
    Comment 5: Ministerial Error Allegations
    A. Whether to Revise the Total Subsidy Rate Calculation
    B. Whether to Revise the Policy Loans to the Steel Racks 
Industry Program Subsidy Rate Calculation
    C. Whether to Revise the AFA Subsidy Rate Applied to the EBC 
Program
    D. Whether to Revise the ``Other Subsidies'' Rate Calculation
    E. Whether to Revise the Electricity Benchmark Calculation
    F. Whether to Revise Certain Monthly Hot-Rolled Steel and Cold-
Rolled Steel Benchmark Prices
    G. Whether to Revise the Hollow-Structural Steel Shape Benchmark 
Prices
    H. Whether to Revise Structural Steel Shapes and Hollow-
Structural Steel Shapes Benchmark Prices for the Month of October 
2020
    I. Whether to Revise the Galvanized Steel Subsidy Rate 
Calculation
    J. Whether to Revise the Subsidy Rate Calculation for the Income 
Tax Deduction for Research and Development Under the Enterprise 
Income Tax Law Program
    K. Whether to Revise the Import Duty Rates Applied to the Hot-
Rolled Steel and Cold-Rolled Steel Benchmark Calculations
IX. Recommendation

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Appendix II

List of Companies Not Selected for Individual Examination

1. Ateel Display Industries (Xiamen) Co., Ltd.
2. CTC Universal (Zhangzhou) Industrial Co., Ltd.
3. David Metal Craft Manufactory Ltd.
4. Fujian Ever Glory Fixtures Co., Ltd.
5. Guangdong Wireking Housewares and Hardware Co., Ltd.
6. Hebei Wuxin Garden Products Co., Ltd.
7. Huanghua Xinxing Furniture Co., Ltd.
8. i-Lift Equipment Ltd.
9. Johnson (Suzhou) Metal Products Co., Ltd.
10. Master Trust (Xiamen) Import and Export Co., Ltd.
11. Nanjing Ironstone Storage Equipment Co., Ltd.
12. Nanjing Kingmore Logistics Equipment Manufacturing Co., Ltd.
13. Ningbo Xinguang Rack Co., Ltd.
14. Redman Corporation
15. Redman Import & Export Limited
16. Suzhou (China) Sunshine Hardware & Equipment Imp. & Exp. Co. 
Ltd.
17. Tianjin Master Logistics Equipment Co., Ltd.
18. Xiamen Baihuide Manufacturing Co., Ltd.
19. Xiamen Ever Glory Fixtures Co., Ltd.
20. Xiamen Golden Trust Industry & Trade Co., Ltd.
21. Xiamen Kingfull Imp and Exp Co., Ltd.. (d.b.a) Xiamen Kingfull 
Displays Co., Ltd.
22. Xiamen LianHong Industry and Trade Co., Ltd.
23. Xiamen Luckyroc Industry Co., Ltd.
24. Xiamen Luckyroc Storage Equipment Manufacture Co., Ltd.
25. Xiamen Meitoushan Metal Products Co., Ltd.
26. Xiamen Power Metal Display Co., Ltd.
27. Xiamen XinHuiYuan Industrial & Trade Co., Ltd.
28. Xiamen Yiree Display Fixtures Co., Ltd.
29. Zhangjiagang Better Display Co., Ltd.

[FR Doc. 2023-07475 Filed 4-7-23; 8:45 am]
BILLING CODE 3510-DS-P