[Federal Register Volume 89, Number 70 (Wednesday, April 10, 2024)]
[Notices]
[Pages 25235-25238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07586]


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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; 2021-2022

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 below normal 
value during the period of review (POR), September 1, 2021, through 
August 31, 2022. Additionally, Commerce determines that Hebei Minmetals 
Co., Ltd. (Hebei Minmetals) and Xiamen Luckyroc Industry Co., Ltd., 
(Xiamen Luckyroc) had no shipments of subject merchandise during the 
POR.

DATES: Applicable April 10, 2024.

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, 2023, Commerce published the Preliminary Results in 
the Federal Register and invited interested parties to comment on those 
results.\1\ On January 29, 2024, Commerce extended the deadline to 
issue the final results of this review until April 3,

[[Page 25236]]

2024.\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 and Partial Rescission of the 
Antidumping Duty Administrative Review, and Preliminary 
Determination of No Shipments; 2021-2022, 88 FR 69612 (October 6, 
2023) (Preliminary Results), and accompanying Preliminary Decision 
Memorandum (PDM).
    \2\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review,'' dated January 29, 2024.
    \3\ See Memorandum, ``Decision Memorandum for 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; 2021-2022,'' 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. A full description of the scope of the Order is provided in 
the Issues and 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 the appendix 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 corrected 
several errors in our preliminary dumping margin calculations and 
increased the U.S. sales prices reported by Ningbo Xinguang Rack Co., 
Ltd./Ningbo Jiabo Rack Co., Ltd./Ningbo Lede Hardware Co., Ltd. 
(Xinguang Rack) by the amount of countervailing duties imposed on 
subject merchandise to offset an export subsidy.\5\
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    \5\ See Issues and Decision Memorandum.
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Final Determination of No Shipments

    In the Preliminary Results, Commerce determined that Hebei 
Minmetals and Xiamen Luckyroc did not export or sell subject 
merchandise during the POR, nor did they have knowledge that their 
subject merchandise was entered into the United States during the 
POR.\6\ No interested parties commented on Hebei Minmetals or Xiamen 
Luckyroc's no-shipments claims. Consequently, Commerce determines that 
Hebei Minmetals and Xiamen Luckyroc did not export or sell subject 
merchandise during the POR, or have knowledge of U.S. entries of their 
subject merchandise during the POR.
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    \6\ See Preliminary Results PDM at 3-4.
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Separate Rates

    Commerce has continued to grant Jiangsu Nova Intelligent Logistics 
Equipment Co., Ltd. (Nova), Xinguang Rack, Jiangsu JISE Intelligent 
Storage Equipment Co., Ltd. (JISE), and Nanjing Kingmore Logistics 
Equipment Manufacturing Co., Ltd. (Kingmore) separate rate status.\7\ 
No parties commented on Commerce's preliminary decision to do so.
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    \7\ Id. at 13.
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    Finally, while Nanjing Dongsheng Shelf Manufacturing Co., Ltd. and 
Nanjing Ironstone Storage Equipment Co., Ltd. contend that they should 
be granted a separate rate, we have continued to find it is appropriate 
to reject their untimely filed separate rate information and deny these 
companies a separate rate.\8\
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    \8\ Id. at 13-14; see also Issues and Decision Memorandum at 
Comments 7 and 8.
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Rate for Non-Examined Separate Rate Respondents

    The statute and Commerce's regulations do not address what 
weighted-average dumping margin 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 dumping margin for 
respondents that are not individually examined 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 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 calculated for the 
mandatory respondents Nova and Xinguang Rack are not zero, de minimis, 
or based entirely on facts available. Therefore, we calculated a 
weighted-average dumping margin for the non-individually examined 
respondents (to which we granted separate rate status) by weight 
averaging Nova's and Xinguang Rack's weighted-average dumping margins 
using the publicly ranged values of their sales of subject merchandise 
during the POR, consistent with the guidance in section 735(c)(5)(A) of 
the Act.\9\
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    \9\ See Memorandum, ``Calculation of the Dumping Margin for 
Respondents Not Selected for Individual Examination for the Final 
Results,'' dated concurrently with this notice.
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Final Results of Review

    We have determined the following estimated weighted-average dumping 
margins for the companies listed below for the period September 1, 
2021, through August 31, 2022:

------------------------------------------------------------------------
                                                       Weighted-average
                      Exporter                          dumping margins
                                                           (percent)
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Jiangsu Nova Intelligent Logistics Equipment Co.,                  11.44
 Ltd................................................
Ningbo Xinguang Rack Co., Ltd./Ningbo Jiabo Rack                   26.90
 Co., Ltd./Ningbo Lede Hardware Co., Ltd............
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        Review-Specific Rate Applicable to Non-Examined Companies
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Jiangsu JISE Intelligent Storage Equipment Co., Ltd.               12.73
Nanjing Kingmore Logistics Equipment Manufacturing                 12.73
 Co., Ltd...........................................
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[[Page 25237]]

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 Nova and Xinguang Rack, we calculated importer-specific 
assessment rates in accordance with 19 CFR 351.212(b)(1).\10\ 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 subject merchandise sold to the 
importer.\11\ 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).\12\
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    \10\ 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).
    \11\ See 19 CFR 351.212(b)(1).
    \12\ 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 an importer-specific ad 
valorem 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).\13\ 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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    \13\ See Order, 84 FR at 48586.
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    The antidumping duty assessment rates for JISE and Kingmore, the 
companies not individually examined in this administrative review that 
qualified for a separate rate, will be equal to the weighted-average 
dumping margin listed for JISE and Kingmore in the table above.
    For Nanjing Dongsheng Shelf Manufacturing Co., Ltd. and Nanjing 
Ironstone Storage Equipment Co., Ltd., the companies not eligible for a 
separate rate and which Commerce considers 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.\14\
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    \14\ Id.
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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 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 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 and/or an 
increase in the amount of antidumping duties by the amount of the 
countervailing 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 3, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix

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 the Issues

[[Page 25238]]

    Comment 1: Whether Commerce Selected the Appropriate Surrogate 
Country
    Comment 2: Whether Commerce Properly Calculated Financial Ratios
    Comment 3: Whether the Unit of Measure for Nova's Water 
Consumption is Incorrect
    Comment 4: Whether Commerce Made Errors When Calculating 
Xinguang Rack's Dumping Margin
    Comment 5: Whether Commerce Should Offset Xinguang Rack's Costs 
for Steel Scrap Sold
    Comment 6: Whether Commerce Should Adjust Xinguang Rack's U.S. 
Sales Prices for Certain Export Subsidies
    Comment 7: Whether Commerce Should Accept Dongsheng Shelf's SRC 
and/or Voluntary Section A Questionnaire Response
    Comment 8: Whether Commerce Should Accept Ironstone's SRC
VI. Recommendation

[FR Doc. 2024-07586 Filed 4-9-24; 8:45 am]
BILLING CODE 3510-DS-P