[Federal Register Volume 88, Number 107 (Monday, June 5, 2023)]
[Notices]
[Pages 36538-36539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11884]


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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: Rescission of Countervailing Duty Administrative Review; 2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) is rescinding the 
administrative review of the countervailing duty (CVD) order on certain 
steel racks and parts thereof (steel racks) from the People's Republic 
of China (China), covering the period of review (POR) January 1, 2021, 
through December 31, 2021, because, as explained below, there are no 
reviewable suspended entries for the sole company that is subject the 
instant review.

DATES: Applicable June 5, 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 September 1, 2022, Commerce published in the Federal Register a 
notice of opportunity to request an administrative review of the CVD 
order on steel racks from China.\1\ Commerce received a timely request 
for review of the steel racks CVD order from the following exporters of 
subject merchandise: (1) Nanjing Dongsheng Shelf Manufacturing Co., 
Ltd. (Dongsheng); (2) Nanjing Ironstone Storage Equipment Co., Ltd. 
(Nanjing Ironstone); (3) Xiamen Luckyroc Industry Co., Ltd. (Xiamen 
Luckyroc); and (4) Ningbo Xinguang Rack Co., Ltd. (Xinguang Rack).\2\ 
We received no other requests for review. On November 3, 2022, Commerce 
published in the Federal Register a notice of initiation of an 
administrative review with respect to Dongsheng, Nanjing Ironstone, 
Xiamen Luckyroc, and Xinguang Rack, in

[[Page 36539]]

accordance with section 751(a) of the Tariff Act of 1930, as amended 
(the Act).\3\ Between October 11, 2022, and January 20, 2023, Nanjing 
Ironstone, Dongsheng, and Xinguang Rack timely withdrew their requests 
for administrative review.\4\ On November 16, 2022, and December 13, 
2022, Commerce placed U.S. Customs and Border Protection (CBP) entry 
data for U.S. imports of the subject merchandise during the POR on the 
record for respondent selection purposes.\5\ On April 4, 2023, Commerce 
notified all interested parties that in the absence of any suspended 
entries during the POR for Xiamen Luckyroc, which is the only remaining 
company subject to the instant administrative review, Commerce intended 
to rescind this review.\6\ Commerce provided all parties an opportunity 
to comment on CBP's findings.\7\ No parties submitted comments.
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review and Join Annual Inquiry Service List, 87 FR 53719 (September 
1, 2022).
    \2\ See Dongsheng's Letter, ``Request for Administrative 
Review,'' dated September 29, 2022; and Nanjing Ironstone, Xiamen 
Luckyroc, and Ningbo Xinguang's Letter, ``Request for Administrative 
Review,'' dated September 29, 2022.
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 66275 (November 3, 2022).
    \4\ See Nanjing Ironstone's Letter, ``Ironstone Withdrawal of 
Request for Administrative Review,'' dated October 11, 2022; 
Dongsheng's Letter, ``Dongsheng Withdrawal of Request for 
Administrative Review,'' dated January 18, 2023, and Xinguang Rack's 
Letter, ``Xinguang Rack Withdrawal of Request for Administrative 
Review,'' dated January 20, 2023.
    \5\ See Memorandum, ``Customs Data for Respondent Selection,'' 
dated November 16, 2022; see also Memorandum, ``Revised Customs Data 
for Respondent Selection,'' dated December 13, 2022.
    \6\ See Memorandum, ``Notice of Intent to Rescind Review,'' 
dated April 4, 2023.
    \7\ Id.
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Rescission of Review

    Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to 
rescind an administrative review of a CVD order where it concludes that 
there were no reviewable entries of subject merchandise during the 
POR.\8\ Normally, upon completion of an administrative review, the 
suspended entries are liquidated at the CVD assessment rate for the 
review period.\9\ Therefore, for an administrative review to be 
conducted, there must be a reviewable, suspended entry that Commerce 
can instruct CBP to liquidate at the calculated CVD assessment rate for 
the review period.\10\ As noted above, Nanjing Ironstone, Dongsheng, 
and Xinguang Rack timely withdrew their requests for administrative 
review and CBP confirmed that there were no entries of subject 
merchandise during the POR with respect to Xiamen Luckyroc, the only 
remaining company subject to this review. Accordingly, in the absence 
of reviewable, suspended entries of subject merchandise during the POR, 
we are rescinding this administrative review, in its entirety, in 
accordance with 19 CFR 351.213(d)(3).
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    \8\ See, e.g., Certain Hardwood Plywood Products from the 
People's Republic of China: Preliminary Results of Countervailing 
Duty Administrative Review and Rescission of Review, in Part; 2017-
2018, 84 FR 54844, 54845 and n.8 (October 11, 2019) (citing 
Lightweight Thermal Paper from the People's Republic of China: 
Notice of Rescission of Countervailing Duty Administrative Review; 
2015, 82 FR 14349 (March 20, 2017)).
    \9\ See 19 CFR 351.212(b)(2).
    \10\ See 19 CFR 351.213(d)(3).
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Cash Deposit Requirements

    As Commerce has proceeded to a final rescission of this 
administrative review, no cash deposit rates will change. Accordingly, 
the current cash deposit requirements shall remain in effect until 
further notice.

Assessment Rates

    Commerce will instruct CBP to assess CVDs on all appropriate 
entries. Because Commerce is rescinding this review in its entirety, 
the entries to which this administrative review pertained shall be 
assessed at rates equal to the cash deposit of estimated countervailing 
duties required at the time of entry, or withdrawal from warehouse, for 
consumption, in accordance with 19 CFR 351.212(c)(1)(i). Commerce 
intends to issue appropriate assessment instructions to CBP 35 days 
after the publication of this notice in the Federal Register.

Notification Regarding Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
administrative protective order (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 the APO materials, or conversion to judicial protective 
order, is hereby requested. Failure to comply with regulations and 
terms of an APO is a violation, which is subject to sanction.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4).

    Dated: May 31, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2023-11884 Filed 6-2-23; 8:45 am]
BILLING CODE 3510-DS-P