[Federal Register Volume 89, Number 107 (Monday, June 3, 2024)]
[Notices]
[Pages 47526-47527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12087]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-089]


Steel Racks From the People's Republic of China: Rescission of 
Countervailing Duty Administrative Review; 2022

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 steel 
racks from the People's Republic of China (China), covering the period 
of review (POR), January 1, 2022, through December 31, 2022.

DATES: Applicable June 3, 2024.

FOR FURTHER INFORMATION CONTACT: Thomas Martin or Dylan 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) 482-3936 or (202) 482-1197, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 6, 2023, 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 order from the following exporters of subject 
merchandise: (1) Jiangsu JISE Intelligent Storage Equipment Co., Ltd. 
(Jiangsu JISE); (2) Jiangsu Nova Intelligent Logistics Equipment Co., 
Ltd (Jiangsu Nova); (3) Jiangsu Starshine Industry Equipment Co., Ltd. 
(Starshine); (4) Nanjing Dongsheng Shelf Manufacturing Co., Ltd. 
(Dongsheng); (5) Nanjing Ironstone Storage Equipment Co., Ltd. (Nanjing 
Ironstone); (6) Ningbo Xinguang Rack Co., Ltd. (Xinguang Rack); and (7) 
Xiamen Luckyroc Industry Co., Ltd. (Luckyroc).\2\ We received no other 
requests for review. On November 15, 2023, Commerce published in the 
Federal Register a notice of initiation of an administrative review 
with respect to Dongsheng, Jiangsu JISE, Jiangsu Nova, Luckyroc, 
Nanjing Ironstone, Starshine, and Xinguang Rack, in accordance with 
section 751(a) of the Tariff Act of 1930, as amended (the Act).\3\ On 
December 13, 2023, 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.\4\
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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, 88 FR 60923 (September 
6, 2023).
    \2\ See Dongsheng's Letter, ``Request for Administrative 
Review,'' dated September 29, 2023; and Nanjing Ironstone, Luckyroc, 
and Xinguang Racks's Letter, ``Request for Administrative Review,'' 
dated September 29, 2023; and Jiangsu Nova's Letter, ``Request for 
Administrative Review,'' dated September 15, 2023; and Starshine's 
Letter ``Request for Administrative Review,'' dated September 15, 
2023; and Jiangsu JISE's Letter, ``Request for Administrative 
Review,'' dated September 15, 2023.
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 78298 (November 15, 2023).
    \4\ See Memorandum, ``Customs Data for Respondent Selection,'' 
dated December 13, 2023.
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    On January 10, 2024, Commerce selected Dongsheng as the sole 
mandatory respondent, having accounted for all suspended entries of

[[Page 47527]]

subject merchandise for all companies under review.\5\ Between January 
30, 2024, and February 13, 2024, Dongsheng, Luckyroc, and Xinguang Rack 
timely withdrew their requests for administrative review.\6\ On March 
18, 2024, Commerce notified all interested parties that in the absence 
of any suspended entries during the POR for Nanjing Ironstone, Jiangsu 
JISE, Starshine, and Jiangsu Nova, which are the only remaining 
companies subject to the instant administrative review, Commerce 
intended to rescind this review.\7\ Commerce provided all parties an 
opportunity to comment on CBP's findings.\8\ No parties submitted 
comments.
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    \5\ See Memorandum, ``Respondent Selection,'' dated January 10, 
2024.
    \6\ See Dongsheng's Letter, ``Dongsheng Withdrawal of Request 
for Administrative Review,'' dated January 30, 2024; and Luckyroc 
and Xinguang Rack's Letter, ``Withdrawal of Request for 
Administrative Review,'' dated February 13, 2024.
    \7\ See Memorandum, ``Notice of Intent to Rescind Review,'' 
dated March 18, 2024.
    \8\ 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.\9\ Normally, upon completion of an administrative review, the 
suspended entries are liquidated at the CVD assessment rate for the 
review period.\10\ 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.\11\ As noted above, CBP data showed that there were 
no entries of subject merchandise during the POR with respect to 
Jiangsu JISE, Jiangsu Nova, Nanjing Ironstone, and Starshine, the 
companies remaining subject to this review. Accordingly, in the absence 
of reviewable, suspended entries of subject merchandise during the POR 
for any companies remaining under review and for which review requests 
have not been withdrawn, we are rescinding this administrative 
review,in its entirety, in accordance with 19 CFR 351.213(d)(3).
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    \9\ 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)).
    \10\ See 19 CFR 351.212(b)(2).
    \11\ 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

    Commerce will instruct CBP to assess countervailing duties 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 assessment instructions to CBP no earlier 
than 35 days after the date of publication of this rescission notice in 
the Federal Register.

Notification Regarding Administrative Protective Order

    This notice 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)(l) of the Act, and 19 CFR 351.213(d)(4).

    Dated: May 28, 2024.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2024-12087 Filed 5-31-24; 8:45 am]
BILLING CODE 3510-DS-P