[Federal Register Volume 88, Number 120 (Friday, June 23, 2023)]
[Notices]
[Pages 41074-41075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13404]


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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: Amended Final Results of Antidumping Duty Administrative 
Review, 2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) is amending the 
final results of the administrative review of the antidumping duty 
order on certain steel racks and parts thereof from the People's 
Republic of China (China) to correct a ministerial error. The period of 
review is September 1, 2020, through August 31, 2022.

DATES: Applicable June 23, 2023.

FOR FURTHER INFORMATION CONTACT: 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) 482-3518.

Background

    On April 10, 2023, Commerce published in the Federal Register the 
final results of the 2020-2021 administrative review of the antidumping 
duty order on certain steel racks and parts thereof from China.\1\ On 
May 24, 2023, the Coalition for Fair Rack Imports (the Coalition), 
timely alleged that Commerce made a ministerial error in calculating 
the weighted-average dumping margin for Nanjing Ironstone Storage 
Equipment Co., Ltd. (Ironstone) in the Final Results.2
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    \1\ See 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, 88 FR 
21179 (April 10, 2023) (Final Results) and accompanying Issues and 
Decision Memorandum.
    \2\ See Coalition's Letter, ``Resubmission of Ministerial Error 
Comments on Final Dumping Margin of Nanjing Ironstone Storage 
Equipment Co., Ltd.,'' dated May 24, 2023 (Ministerial Error 
Allegation). Commerce rejected the ministerial error allegation that 
the Coalition submitted on May 2, 2023, because one of the 
allegations in the submission was untimely filed. See Commerce's 
Letter, ``Rejection, in Part, of Untimely Filed Ministerial Error 
Allegation,'' dated May 22, 2023.
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Legal Framework

    Pursuant to section 751(h) of the Tariff Act of 1930, as amended 
(the Act), a ministerial error is an error ``in addition, subtraction, 
or other arithmetic function, clerical errors resulting from inaccurate 
copying, duplication, or the like, and any other type of unintentional 
error which {Commerce{time}  considers ministerial.'' \3\ Pursuant to 
19 CFR 351.224(e), Commerce will analyze any comments received and, if 
appropriate, correct any ministerial error by amending the final 
results of review.
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    \3\ See also 19 CFR 351.224(f) (Commerce has adopted the 
statutory definition of ``ministerial error'' in its regulations).
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Ministerial Error Allegation

    After analyzing the Coalition's allegation, we find that Commerce 
made a ministerial error within the meaning of section 751(h) of the 
Act in calculating the Chinese movement expenses for Ironstone; we 
multiplied freight and brokerage and handling expenses rather than 
adding those expenses.\4\ For details regarding this ministerial error, 
see Ministerial Error Memorandum. Consistent with 19 CFR 351.24(e), we 
are correcting this error and, consequently, revising Ironstone's 
weighted-average dumping margin in the Final Results (i.e., from 3.13 
percent to 4.92 percent).\5\ Because the weighted-average dumping 
margin of the non-individually examined respondent to which we granted 
a separate rate is based on that of the mandatory respondents, we also 
have revised the review-specific rate assigned to the non-examined 
company (i.e., from 10.18 percent to 10.80 percent).\6\
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    \4\ See Ministerial Error Allegation and Memorandum, 
``Ministerial Error Allegation,'' dated concurrently with this 
notice (Ministerial Error Memorandum).
    \5\ See Memorandum, ``Amended Final Results Analysis Memorandum 
for Nanjing Ironstone Storage Equipment Co, Ltd.,'' dated 
concurrently with this notice.
    \6\ See Memorandum, ``Calculation of the Dumping Margin for 
Respondent Not Selected for Individual Examination for the Amended 
Final Results,'' dated concurrently with this notice.
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Amended Final Results

    Correcting for the ministerial error described above results in the 
following weighted-average dumping margins for the period September 1, 
2020, through August 31, 2021:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
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Nanjing Ironstone Storage Equipment Co., Ltd................        4.92
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       Review-Specific Rate Applicable to the Non-Examined Company
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Nanjing Kingmore Logistics Equipment Manufacturing Co., Ltd.       10.80
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Disclosure

    Commerce intends to disclose the calculations performed in 
connection with these amended final results to parties to the 
proceeding 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)(1), Commerce has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise covered by these amended final results 
of review. Commerce intends to issue assessment instructions to CBP for 
the companies listed in the table above, no earlier than 35 days after 
the date of publication of these amended final results of 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 Ironstone, we calculated importer-specific per-unit assessment 
rates for entries of Ironstone's subject merchandise 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 
estimated ad valorem importer-specific assessment rates to determine 
whether the per-unit assessment rates are de minimis (i.e., 0.50 
percent or less).\7\ Where we calculated an importer-specific estimated 
ad valorem assessment rate for entries of Ironstone's subject 
merchandise that is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping 
duties.\8\ If sales of subject merchandise exported by Ironstone

[[Page 41075]]

were not reported in its U.S. sales data, but the merchandise was 
entered into the United States during the POR under Ironstone's CBP 
case number, Commerce will instruct CBP to liquidate such entries of 
subject merchandise at the weighted-average dumping margin for the 
China-wide entity (i.e., 144.50 percent).\9\
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    \7\ Id.
    \8\ See 19 CFR 351.106(c)(2).
    \9\ See Certain Steel Racks and Parts Thereof from the People's 
Republic of China: Final Affirmative Determination of Sales at Less 
Than Fair Value, 84 FR 35595 (July 24, 2019); as amended in 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, 
48586 (September 16, 2019) (stating the weighted-average dumping 
margin for the China-wide entity is 144.50 percent).
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    For Nanjing Kingmore Logistics Equipment Manufacturing Co., Ltd., 
the company not individually examined in this administrative review 
that qualified for a separate rate, the assessment rate will be equal 
to its weighted-average dumping margin in these amended final results 
of review.

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 date of publication of this 
notice of the amended final results of review in the Federal Register, 
as provided by section 751(a)(2)(C) of the Act: (1) for the companies 
listed in the table above, the cash deposit rate will be equal to the 
weighted-average dumping margin listed for the company in the table; 
(2) for previously investigated or reviewed China and non-China 
exporters that are not under review in this segment of the proceeding 
that have a separate rate, the cash deposit rate will continue to be 
their existing cash deposit rate from the most recently completed 
segment of this proceeding; (3) for all China exporters of subject 
merchandise that do not have a separate rate, their cash deposit rate 
will be the cash deposit rate previously established for the China-wide 
entity, which is 144.50 percent; and (4) for all non-China exporters of 
subject merchandise that do not have a separate rate, the cash deposit 
rate will be the cash deposit rate applicable to the China exporter 
that supplied the non-China exporter.\10\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \10\ Id.
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Notification to Importers

    This notice also 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 review period. 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.

Administrative Protective Order

    This notice also serves as a 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 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 this notice in accordance with 
sections 751(h) and 777(i)(1) of the Act, and 19 CFR 351.224(e).

    Dated: June 16, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-13404 Filed 6-22-23; 8:45 am]
BILLING CODE 3510-DS-P