[Federal Register Volume 88, Number 68 (Monday, April 10, 2023)]
[Notices]
[Pages 21179-21181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07476]


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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; 2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
certain exporters under review sold subject merchandise at less than 
normal value during the period of review (POR), September 1, 2020, 
through August 31, 2021. Additionally, Commerce determines that Hebei 
Minmetals Co., Ltd. (Hebei Minmetals) and Xiamen Luckyroc Industry Co., 
Ltd., (Luckyroc) had no shipments of subject merchandise during the 
POR.

DATES: Applicable April 10, 2023.

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, 2022, Commerce published the Preliminary Results in 
the Federal Register and invited interested parties to comment on those 
results.\1\ On January 26, 2023, Commerce extended the deadline to 
issue the final results of this review by 60 days until April 4, 
2023.\2\ For details regarding the events that occurred subsequent to 
publication of the Preliminary Results, see the Issues and Decision 
Memorandum.\3\ 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; 
2020-2021, 87 FR 60647 (October 6, 2022) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Extension of Deadline for Final Results of 
the 2020-2021 Antidumping Duty Administrative Review,'' dated 
January 26, 2023.
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2020-2021 Antidumping Duty Administrative 
Review of Certain Steel Racks and Parts Thereof from the People's 
Republic of China,'' (Issues and Decision Memorandum), dated 
concurrently with, and hereby adopted by, this notice.
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Scope of the Order 4
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    \4\ 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.\5\ 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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    \5\ 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

    We addressed all the issues raised in the case and rebuttal briefs 
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 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 a review of the record and comments received from 
interested parties regarding the Preliminary Results, we selected 
Romania, rather than Bulgaria, as the primary surrogate country and 
corrected certain ministerial errors in our preliminary dumping margin 
calculations.\6\
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    \6\ See Issues and Decision Memorandum.
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Final Determination of No Shipments

    In the Preliminary Results, Commerce determined that Hebei and 
Luckyroc did not export or sell subject merchandise, nor did they have 
knowledge that their subject merchandise was entered into

[[Page 21180]]

the United States, during the POR.\7\ Interested parties commented on 
Hebei's, but not Luckyroc's, no-shipments claim.\8\ On November 14, 
2022, we requested additional information from Hebei regarding its no-
shipments claim.\9\ After considering interested parties' comments and 
record evidence, Commerce continues to determine that Hebei and 
Luckyroc did not export, sell, or have knowledge of U.S. entries of 
subject merchandise during the POR.
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    \7\ See Preliminary Results PDM at 7-8.
    \8\ See Coalition for Fair Rack Imports' Letter, ``Comments on 
Commerce's No-Shipments Analysis for Hebei Minmetals Co., Ltd.,'' 
dated October 21, 2022.
    \9\ See Commerce's Letter, ``Supplemental questionnaire,'' dated 
November 14, 2022.
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Separate Rates

    No parties commented on Commerce's preliminary separate rate 
determinations.\10\ Because there is no basis to change the preliminary 
separate rate determinations, Commerce has continued to grant Nanjing 
Dongsheng Shelf Manufacturing Co., Ltd. (Dongsheng), Nanjing Ironstone 
Storage Equipment Co., Ltd. (Ironstone), and Nanjing Kingmore Logistics 
Equipment Manufacturing Co., Ltd. (Kingmore), separate rate status. 
Additionally, Commerce has continued to deny separate rate status to 
each company listed in Appendix II.
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    \10\ See Preliminary Results PDM at 12-13.
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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 Ironstone are not zero, de 
minimis, or based entirely on facts available. Therefore, we assigned a 
weighted-average dumping margin to the non-individually examined 
respondent to which we granted separate rate status equal to the 
weighted average, based on the publicly ranged value of sales by 
Dongsheng and Ironstone, of the weighted-average dumping margins that 
we calculated for Dongsheng and Ironstone, consistent with the guidance 
in section 735(c)(5)(A) of the Act.\11\
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    \11\ See Memorandum, ``Final Calculation of the Rate for the 
Separate Rate Respondent,'' dated concurrently with this notice.
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Final Results of Review

    We are assigning the following weighted-average dumping margins to 
the companies listed below for the period September 1, 2020, through 
August 31, 2021:

------------------------------------------------------------------------
                                                        Weighted-average
                       Exporter                         dumping margins
                                                           (percent)
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Nanjing Dongsheng Shelf Manufacturing Co., Ltd.......              13.88
Nanjing Ironstone Storage Equipment Co., Ltd.........               3.13
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       Review-Specific Rate Applicable to the Non-Examined Company
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Nanjing Kingmore Logistics Equipment Manufacturing                 10.18
 Co., Ltd............................................
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Disclosure

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

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
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).
    For the individually examined respondents whose weighted-average 
dumping margin is not zero or de minimis, we calculated importer-
specific assessment rates in accordance with 19 CFR 351.212(b)(1).\12\ 
Where the respondent reported reliable entered values, we calculated 
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.\13\ Where the respondent did not report entered values, we 
calculated importer-specific per-unit 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 calculated an 
estimated ad valorem importer-specific assessment rate to determine 
whether the per-unit assessment rate is de minimis (i.e., 0.50 percent 
or less).\14\
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    \12\ 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).
    \13\ See 19 CFR 351.212(b)(1).
    \14\ Id.
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    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 either the respondent's ad 
valorem weighted average dumping margin, or an importer-specific ad 
valorem

[[Page 21181]]

assessment rate, is zero or de minimis, Commerce will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
    Where sales of subject merchandise exported by an individually 
examined respondent were not reported in the U.S. sales data submitted 
by the respondent, but the merchandise was entered into the United 
States during the POR under the CBP case number of the respondent, 
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).\15\ Additionally, where Commerce determines that an 
exporter under review made no shipments of subject merchandise during 
the POR, Commerce will instruct CBP to liquidate any suspended entries 
of subject merchandise that entered under that exporter's CBP case 
number during the POR at the weighted-average dumping margin for the 
China-wide entity.
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    \15\ See Order.
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    The antidumping duty assessment rate for Kingmore, the company not 
individually examined in this administrative review that qualified for 
a separate rate, will be equal to the weighted-average dumping margin 
listed for Kingmore in the table above.
    For companies not eligible for a separate rate which Commerce 
considered to be 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.

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) for an exporter granted a separate rate in the final results 
of this review, the cash deposit rate will be equal to the weighted-
average dumping margin listed for the company in the table above; (2) 
for a previously investigated or reviewed exporter of subject 
merchandise not listed in the table above that has a separate rate, the 
cash deposit rate will continue to be the exporter's existing cash 
deposit rate; (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 occurred and 
the subsequent assessment of double antidumping duties.

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, 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: 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. Changes Since the Preliminary Results
V. Discussion of Issues
    Comment 1: Whether Commerce Selected the Appropriate Surrogate 
Country
    Comment 2: Whether to Treat Hebei Minmetals Co. Ltd. as Part of 
the China-Wide Entity
    Comment 3: Whether Commerce Should Calculate Surrogate Financial 
Ratios Using Korado's 2020 and 2021 Financial Statements or 2021 
Financial Statements
    Comment 4: How to Treat Income from the Sale of Materials in the 
Surrogate Financial Ratio Calculations
    Comment 5: Whether Commerce Should Use Balkancar's Financial 
Statements to Calculate Surrogate Financial Ratios
    Comment 6: Whether Commerce Erred When Calculating the Net Price 
of Ironstone's U.S. Sales
    Comment 7: Whether Commerce Erred in its Calculations When 
Accounting for Packing Labor
VI. Recommendation

Appendix II

Companies Determined To Not Be Eligible for a Separate Rate

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. Ningbo Xinguang Rack Co., Ltd.
12. Redman Corporation
13. Redman Import & Export Limited
14. Suzhou (China) Sunshine Hardware & Equipment Imp. & Exp. Co. 
Ltd.
15. Tianjin Master Logistics Equipment Co., Ltd.
16. Xiamen Baihuide Manufacturing Co., Ltd.
17. Xiamen Ever Glory Fixtures Co., Ltd.
18. Xiamen Golden Trust Industry & Trade Co., Ltd.
19. Xiamen Kingfull Imp and Exp Co., Ltd. (d.b.a) Xiamen Kingfull 
Displays Co., Ltd.
20. Xiamen LianHong Industry and Trade Co., Ltd.
21. Xiamen Luckyroc Storage Equipment Manufacture Co., Ltd.
22. Xiamen Meitoushan Metal Products Co., Ltd.
23. Xiamen Power Metal Display Co., Ltd.
24. Xiamen XinHuiYuan Industrial & Trade Co., Ltd.
25. Xiamen Yiree Display Fixtures Co., Ltd.
26. Zhangjiagang Better Display Co., Ltd.

[FR Doc. 2023-07476 Filed 4-7-23; 8:45 am]
BILLING CODE 3510-DS-P