Certain Steel Racks and Parts Thereof From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review and Intent To Rescind the Review, in Part; 2020, 60644-60647 [2022-21800]
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lotter on DSK11XQN23PROD with NOTICES1
60644
Federal Register / Vol. 87, No. 193 / Thursday, October 6, 2022 / Notices
of the reference month. The sales and
inventories estimates from MRTS are
released approximately six weeks after
the close of the reference month as part
of the Monthly Retail Trade report and
the Manufacturing and Trade
Inventories and Sales (MTIS) report,
which are released on the same day.
Additionally, once per quarter, data for
quarterly e-commerce sales are released
approximately 50 days after the close of
the reference quarter as part of the
Quarterly Retail E-Commerce Sales
report. Currently, there are no planned
changes for MRTS.
The Advance Monthly Retail Trade
Survey (MARTS) provides an early
indication of monthly sales for retail
trade and food services firms located in
the United States. It was developed in
response to requests by government,
business, and other users to provide an
early indication of current retail trade
activity in the United States. Retail sales
are one of the primary measures of
consumer demand for both durable and
non-durable goods. The MARTS survey
results are published approximately two
weeks after the end of the reference
month. MARTS provide an OMBdesignated Principal Federal Economic
Indicator and the earliest available
monthly estimates of broad-based retail
trade activity. It also provides an
estimate of monthly sales at food service
establishments and drinking places.
The MARTS sample is a sub-sample
of companies selected from the MRTS.
The advance survey sample of about
5,500 companies are selected using a
stratified sample by industry and size.
Some 1,250 firms, because of their
relatively large effect on the sales of
certain industry groups, are selected
with certainty. The MARTS sample is
re-selected generally at 21⁄2 to 3-year
intervals to ensure it is representative of
the target population and to redistribute
burden for small- and medium-sized
businesses.
Similar to the MRTS sales estimates,
advance sales estimates for each kind of
business are developed by applying a
ratio of current-month to previousmonth sales (derived from the advance
retail and food service sample) to the
preliminary estimate of sales for the
previous month (from the larger
monthly sample). Industry estimates are
summed to derive total retail sales
figures.
The MARTS survey requests sales and
e-commerce sales for the month just
ending. As on the MRTS survey, if firms
report data for a period other than the
calendar month, the survey asks for the
period’s length (4 or 5 weeks) and the
date on which the period ended. Like
MRTS, the survey also asks for the
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number of establishments covered by
the data provided and whether the sales
data provided are estimates or more
accurate ‘‘book’’ figures. Currently, there
are no planned changes for MARTS.
The Bureau of Economic Analysis
(BEA) uses the information collected on
these surveys to prepare the National
Income and Products Accounts, to
benchmark the annual input-output
tables and as critical inputs to the
calculation of the Gross Domestic
Product (GDP). Policymakers at the
Federal Reserve Board (FRB), the
National Economic Council, and other
federal and state governmental agencies
as well as many private sector entities
rely on the timely estimates of retail
sales when making monetary and
economic policy decisions.
II. Method of Collection
We collect this information primarily
by internet. We do collect a small
portion of the data by mail.
III. Data
OMB Control Number: 0607–0717.
Form Number(s): SM–4417A–A, SM–
4417A–E, SM–4417AE–A, SM–4417AE–
E, SM–4417AS–A, SM–4417AS–E, SM–
7217A–A, SM7217A–E, SM–4417S–A,
SM–4417SE–A, SM–4417SS–A, SM–
7217S–A, SM–7217S–E, SM–4417S–E,
SM–4417SE–E, SM–4417SS–E, SM–
4417B–A, SM4417BE–A, SM–4417BS–
A, SM–4417B–E, SM–4417BE–E, SM–
4417BS–E, SM–2017I–A, SM–2017I–E.
Type of Review: Regular submission,
Request for an Extension, without
Change, of a Currently Approved
Collection.
Affected Public: Retail and Food
Services firms in the United States.
Estimated Number of Respondents:
MRTS–13,000; MARTS–5,500.
Estimated Time per Response: MRTS–
7 minutes; MARTS–5 minutes.
Estimated Total Annual Burden
Hours: 18,200. (To eliminate
duplication, firms that report to the
MARTS survey are not required to
provide sales and ecommerce sales
information for MRTS. Therefore, we
use the MRTS sample size and average
burden per response to estimate the
combined total annual burden for both
surveys. The MRTS survey has the
maximum number of questions for any
given survey respondent as well as the
longest estimated burden (at 7 min)).
Estimated Total Annual Cost to
Public: $0. (This is not the cost of
respondents’ time, but the indirect costs
respondents may incur for such things
as purchases of specialized software or
hardware needed to report, or
expenditures for accounting or records
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maintenance services required
specifically by the collection.)
Respondent’s Obligation: Voluntary.
Legal Authority: Title 13 U.S.C.
Sections 131 and 182.
IV. Request for Comments
We are soliciting public comments to
permit the Department/Bureau to: (a)
Evaluate whether the proposed
information collection is necessary for
the proper functions of the Department,
including whether the information will
have practical utility; (b) Evaluate the
accuracy of our estimate of the time and
cost burden for this proposed collection,
including the validity of the
methodology and assumptions used; (c)
Evaluate ways to enhance the quality,
utility, and clarity of the information to
be collected; and (d) Minimize the
reporting burden on those who are to
respond, including the use of automated
collection techniques or other forms of
information technology.
Comments that you submit in
response to this notice are a matter of
public record. We will include, or
summarize, each comment in our
request to OMB to approve this ICR.
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you may ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Chief Information Officer, Commerce
Department.
[FR Doc. 2022–21720 Filed 10–5–22; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–089]
Certain Steel Racks and Parts Thereof
From the People’s Republic of China:
Preliminary Results of Countervailing
Duty Administrative Review and Intent
To Rescind the Review, in Part; 2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that the companies subject
to this countervailing duty (CVD)
AGENCY:
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Federal Register / Vol. 87, No. 193 / Thursday, October 6, 2022 / Notices
administrative review of certain steel
racks and parts thereof (steel racks) from
the People’s Republic of China (China)
received countervailable subsidies
during the period of review (POR),
January 1, 2020 through December 31,
2020. Interested parties are invited to
comment on these preliminary results of
review.
DATES: Applicable October 6, 2022.
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 16, 2019, Commerce
published the CVD order on steel racks
from China.1 On September 2, 2021,
Commerce published a notice of
opportunity to request an administrative
review of the Order for the POR.2 In
August 2021, we received timely
requests from multiple parties to
conduct an administrative review of the
Order. On November 5, 2021, we
published a notice of initiation for this
administrative review.3 On May 25,
2022, Commerce extended the deadline
for the preliminary results of this review
by 120 days to September 30, 2022.4
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.5 The
Preliminary 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 Preliminary
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Scope of the Order
The scope of the Order covers steel
racks from China. For a complete
description of the scope of the Order,
see the Preliminary Decision
Memorandum.
Methodology
We are conducting this administrative
review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as
amended (the Act). For each of the
subsidy programs found
countervailable, we determine that there
is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
confers a benefit to the recipient, and
that the subsidy is specific.6 For a full
description of the methodology
underlying our preliminary conclusions,
including our reliance, in part, on
adverse facts available pursuant to
sections 776(a) and (b) of the Act, see
the Preliminary Decision Memorandum.
A list of topics included in the
Preliminary Decision Memorandum is
provided in the appendix to this notice.
Intent To Rescind Administrative
Review, in Part
On December 2, 2021, Hebei
Minmetals Co., Ltd. (Hebei Minmetals)
timely filed a no-shipments
certification.7 Based on information
received from U.S. Customs and Border
Protection (CBP), we intend to rescind
the administrative review with regard to
Hebei Minmetals, in accordance with 19
CFR 351.213(d)(3), in the final results of
review.8
Preliminary Rate for Non-Selected
Companies Under Review
There are 29 companies for which a
review was requested and not subject to
rescission in the final results of review,
and which were not selected as
mandatory respondents or found to be
cross-owned with the mandatory
respondent. The statute and
Commerce’s regulations do not directly
address the establishment of rates to be
applied to companies not selected for
individual examination where
Commerce limits its examination in an
administrative review pursuant to
section 777A(e)(2) of the Act. However,
Commerce normally determines the
rates for non-selected companies in
reviews in a manner that is consistent
with section 705(c)(5) of the Act, which
provides the basis for calculating the allothers rate in an investigation.
Section 705(c)(5)(A)(i) of the Act
instructs Commerce, as a general rule, to
calculate an all-others rate equal to the
weighted average of the countervailable
subsidy rates established for exporters
and/or producers individually
examined, excluding any rates that are
zero, de minimis, or based entirely on
facts available. In this review, the sole
mandatory respondent, Nanjing
Dongsheng Shelf Manufacturing Co.,
Ltd. (Dongsheng), had a rate which was
not zero, de minimis, or based entirely
on facts available. Thus, for the
companies for which a review was
requested that were not selected as
mandatory company respondents and
for which Commerce is not rescinding
the review, Commerce is basing the
subsidy rate on the rate calculated for
Dongsheng.
Preliminary Results of Review
As a result of this administrative
review, we preliminarily find that the
following net countervailable subsidy
rates exist for the period January 1,
2020, through December 31, 2020:
Subsidy rate
(percent ad
valorem)
Company
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Nanjing Dongsheng Shelf Manufacturing Co., Ltd ..............................................................................................................................
Review-Specific Rate Applicable to the Following Companies:
Ateel Display Industries (Xiamen) Co., Ltd ..................................................................................................................................
CTC Universal (Zhangzhou) Industrial Co., Ltd ...........................................................................................................................
David Metal Craft Manufactory Ltd ..............................................................................................................................................
1 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).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 86 FR 17137
(September 2, 2021).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
61121 (November 5, 2021).
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4 See Memorandum, ‘‘Steel Racks from the
People’s Republic of China: Extension of Deadline
for Preliminary Results of Countervailing Duty
Administrative Review; 2020,’’ dated May 25, 2022.
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Administrative
Review of the Countervailing Duty Order on Certain
Steel Racks and Parts Thereof from the People’s
Republic of China; 2020,’’ dated concurrently with,
and hereby adopted by, this notice (Preliminary
Decision Memorandum).
6 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
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of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
7 See Hebei Minmetals’ Letter, ‘‘Steel Racks from
the People’s Republic of China: Hebei Minmetals’
No Shipment Letter,’’ dated December 2, 2021.
8 See Memoranda, ‘‘Steel Racks from the People’s
Republic of China: Customs Data for Respondent
Selection,’’ dated November 24, 2021; and ‘‘Steel
Racks from the People’s Republic of China: Release
of U.S. Customs and Border Protection Information
Relating to No Shipment Claim,’’ dated August 16,
2022.
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Federal Register / Vol. 87, No. 193 / Thursday, October 6, 2022 / Notices
Subsidy rate
(percent ad
valorem)
Company
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Fujian Ever Glory Fixtures Co., Ltd ..............................................................................................................................................
Guangdong Wireking Housewares and Hardware Co., Ltd .........................................................................................................
Hebei Wuxin Garden Products Co., Ltd .......................................................................................................................................
Huanghua Xinxing Furniture Co., Ltd ...........................................................................................................................................
i-Lift Equipment Ltd ......................................................................................................................................................................
Johnson (Suzhou) Metal Products Co., Ltd .................................................................................................................................
Master Trust (Xiamen) Import and Export Co., Ltd .....................................................................................................................
Nanjing Ironstone Storage Equipment Co., Ltd ...........................................................................................................................
Nanjing Kingmore Logistics Equipment Manufacturing Co., Ltd .................................................................................................
Ningbo Xinguang Rack Co., Ltd ...................................................................................................................................................
Redman Corporation ....................................................................................................................................................................
Redman Import & Export Limited .................................................................................................................................................
Suzhou (China) Sunshine Hardware & Equipment Imp. & Exp. Co. Ltd ....................................................................................
Tianjin Master Logistics Equipment Co., Ltd ...............................................................................................................................
Xiamen Baihuide Manufacturing Co., Ltd ....................................................................................................................................
Xiamen Ever Glory Fixtures Co., Ltd ...........................................................................................................................................
Xiamen Golden Trust Industry & Trade Co., Ltd .........................................................................................................................
Xiamen Kingfull Imp and Exp Co., Ltd. (d.b.a) Xiamen Kingfull Displays Co., Ltd .....................................................................
Xiamen LianHong Industry and Trade Co., Ltd ...........................................................................................................................
Xiamen Luckyroc Industry Co., Ltd ..............................................................................................................................................
Xiamen Luckyroc Storage Equipment Manufacture Co., Ltd .......................................................................................................
Xiamen Meitoushan Metal Products Co., Ltd ..............................................................................................................................
Xiamen Power Metal Display Co., Ltd .........................................................................................................................................
Xiamen XinHuiYuan Industrial & Trade Co., Ltd .........................................................................................................................
Xiamen Yiree Display Fixtures Co., Ltd .......................................................................................................................................
Zhangjiagang Better Display Co., Ltd ..........................................................................................................................................
Assessment Rates
Upon issuance of the final results of
this administrative review, consistent
with section 751(a)(1) of the Act and 19
CFR 351.212(b)(2), Commerce shall
determine, and CBP shall assess, CVDs
on all appropriate entries covered by
this review. For the company for which
we intend to rescind this review, upon
issuance of the final rescission,
Commerce will instruct CBP to assess
CVDs on all appropriate entries at a rate
equal to the cash deposit of estimated
CVDs required at the time of entry, or
withdrawal from warehouse, for
consumption, during the period January
1, 2020, through December 31, 2020, in
accordance with 19 CFR
351.212(c)(1)(i).
For the companies remaining in the
review, Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication 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).
Cash Deposit Requirements
Pursuant to section 751(a)(2)(C) of the
Act, Commerce intends, upon
publication of the final results, to
instruct CBP to collect cash deposits of
estimated CVDs in the amounts
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calculated in the final results of this
review for the respective companies
listed above, on shipments of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of publication of the final
results of this administrative review. If
the rate calculated in the final results is
zero or de minimis, no cash deposit will
be required on shipments of the subject
merchandise entered or withdrawn from
warehouse, for consumption on or after
the date of publication of the final
results of this review.
For all non-reviewed companies, we
will instruct CBP to continue to collect
cash deposits of estimated
countervailing duties at the China-wide
entity rate (i.e., 144.50 percent) 9 or the
most recent company-specific rate
applicable to the company, as
appropriate. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Disclosure and Public Comment
We intend to disclose the calculations
performed for these preliminary results
to parties in this proceeding within five
days after public announcement of the
preliminary results in accordance with
19 CFR 351.224(b). Pursuant to 19 CFR
351.309(c), interested parties may
submit case briefs no later than 30 days
after the date of publication of this
notice. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed no
9 See
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later than seven days after the date for
filing case briefs.10 Parties who submit
case or rebuttal briefs in this proceeding
are encouraged to submit with each
argument: (1) a statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.11 Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.12
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, filed electronically via
ACCESS. An electronically filed
document must be received successfully
in its entirety by Commerce’s electronic
records system, ACCESS, by 5:00 p.m.
Eastern Time within 30 days after the
date of publication of this notice.13
Requests should contain: (1) the party’s
name, address, and telephone number;
(2) the number of participants; and (3)
a list of issues to be discussed. If a
request for a hearing is made, we will
inform parties of the scheduled date and
time for the hearing.
10 See
19 CFR 351.309(d).
19 CFR 351.309(c)(2) and (d)(2).
12 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19, 85 FR
41363 (July 10, 2020).
13 See 19 CFR 351.310(c).
11 See
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Federal Register / Vol. 87, No. 193 / Thursday, October 6, 2022 / Notices
Unless extended, we intend to issue
the final results of this administrative
review, including the results of our
analysis of the issues raised by the
parties in their case briefs, no later than
120 days after the date of publication of
this notice in the Federal Register,
pursuant to section 751(a)(3)(A) of the
Act.
Notification to Interested Parties
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act, and 19 CFR 351.213(d)(4) and
351.221(b)(4).
SUPPLEMENTARY INFORMATION:
Dated: September 30, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Background
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Non-Selected Companies Under Review
V. Intent To Rescind Administrative Review,
in Part
VI. Diversification of China’s Economy
VII. Use of Facts Otherwise Available and
Application of Adverse Inferences
VIII. Subsidies Valuation
IX. Interest Rate Benchmarks, Discount Rates,
Steel Input, Electricity, and Natural Gas
Benchmarks
X. Analysis of Programs
XI. Recommendation
[FR Doc. 2022–21800 Filed 10–5–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–088]
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
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that certain exporters under
review sold certain steel racks and parts
thereof (steel racks) from the People’s
Republic of China (China) in the United
States at prices below normal value
(NV) during the period of review (POR)
September 1, 2020, through August 31,
2021. Additionally, Commerce
preliminarily determines that Hebei
Minmetals Co., Ltd. (Hebei Minmetals)
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AGENCY:
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and Xiamen Luckyroc Industry Co.,
Ltd., (Luckyroc) had no shipments of
subject merchandise during the POR.
We invite interested parties to comment
on these preliminary results of review.
DATES: Applicable October 6, 2022.
FOR FURTHER INFORMATION CONTACT:
Jonathan Hill or Elizabeth Bremer, 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 and (202) 482–4987,
respectively.
On September 2, 2021, Commerce
published in the Federal Register a
notice of opportunity to request an
administrative review of the
antidumping duty order on steel racks
from China.1 After receiving review
requests, Commerce initiated this
review for 31 companies.2 On April 26,
2022, Commerce extended the deadline
for these preliminary results by a total
of 120 days, to September 30, 2022.3 For
additional background information, see
the Preliminary Decision
Memorandum.4
Scope of the Order
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
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 86 FR 49311
(September 2, 2021); and 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) (collectively, Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
61121 (November 5, 2021).
3 See Memorandum, ‘‘Certain Steel Racks and
Parts Thereof from the People’s Republic of China:
Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review,’’ dated
April 26, 2022.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Review of Certain Steel Racks and
Parts Thereof from the People’s Republic of China;
and Preliminary Determination of No Shipments;
2020–2021,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
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60647
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.
A full description of the scope of the
Order is contained in the Preliminary
Decision Memorandum.
Preliminary Determination of No
Shipments
On December 2 and 6, 2021, Hebei
Minmetals and Luckyroc timely filed
certifications that they did not export or
sell subject merchandise during the POR
and that there were no suspended
entries of their subject merchandise into
the United States during the POR. Based
on an analysis of information from U.S.
Customs and Border Protection (CBP),
and each company’s certification, we
preliminarily determine that Hebei
Minmetals and Luckyroc did not export
or sell subject merchandise to, nor was
their subject merchandise entered into,
the United States during the POR.6
Consistent with Commerce’s practice,
we are not rescinding this
administrative review with respect to
Hebei Minmetals and Luckyroc, but
intend to complete the review of these
companies and issue appropriate
liquidation and assessment instructions
to CBP based on the final results of
review.7
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Tariff Act of 1930, as amended
(the Act). We calculated export prices
for the mandatory respondents Nanjing
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 certain steel racks and parts thereof from the
People’s Republic of China. Specifically, CBP
requested that Commerce add a certain Harmonized
Tariff Schedule (HTS) number to case numbers
A570–088 to reflect the 2022 updates to the HTS.
On May 4, 2022, Commerce added the HTS number
9403.99.9041 to the CRF for case 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.
6 See Preliminary Decision Memorandum.
7 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011); see also the
‘‘Assessment Rates’’ section, infra.
E:\FR\FM\06OCN1.SGM
06OCN1
]]>Agencies
[Federal Register Volume 87, Number 193 (Thursday, October 6, 2022)]
[Notices]
[Pages 60644-60647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21800]
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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: Preliminary Results of Countervailing Duty Administrative
Review and Intent To Rescind the Review, in Part; 2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that the companies subject to this countervailing duty (CVD)
[[Page 60645]]
administrative review of certain steel racks and parts thereof (steel
racks) from the People's Republic of China (China) received
countervailable subsidies during the period of review (POR), January 1,
2020 through December 31, 2020. Interested parties are invited to
comment on these preliminary results of review.
DATES: Applicable October 6, 2022.
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 16, 2019, Commerce published the CVD order on steel
racks from China.\1\ On September 2, 2021, Commerce published a notice
of opportunity to request an administrative review of the Order for the
POR.\2\ In August 2021, we received timely requests from multiple
parties to conduct an administrative review of the Order. On November
5, 2021, we published a notice of initiation for this administrative
review.\3\ On May 25, 2022, Commerce extended the deadline for the
preliminary results of this review by 120 days to September 30,
2022.\4\
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\1\ 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).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 86 FR 17137 (September 2, 2021).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 61121 (November 5, 2021).
\4\ See Memorandum, ``Steel Racks from the People's Republic of
China: Extension of Deadline for Preliminary Results of
Countervailing Duty Administrative Review; 2020,'' dated May 25,
2022.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\5\
The Preliminary 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 Preliminary Decision Memorandum can
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Countervailing Duty
Order on Certain Steel Racks and Parts Thereof from the People's
Republic of China; 2020,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order
The scope of the Order covers steel racks from China. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
Methodology
We are conducting this administrative review in accordance with
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act).
For each of the subsidy programs found countervailable, we determine
that there is a subsidy, i.e., a financial contribution by an
``authority'' that confers a benefit to the recipient, and that the
subsidy is specific.\6\ For a full description of the methodology
underlying our preliminary conclusions, including our reliance, in
part, on adverse facts available pursuant to sections 776(a) and (b) of
the Act, see the Preliminary Decision Memorandum. A list of topics
included in the Preliminary Decision Memorandum is provided in the
appendix to this notice.
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\6\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Intent To Rescind Administrative Review, in Part
On December 2, 2021, Hebei Minmetals Co., Ltd. (Hebei Minmetals)
timely filed a no-shipments certification.\7\ Based on information
received from U.S. Customs and Border Protection (CBP), we intend to
rescind the administrative review with regard to Hebei Minmetals, in
accordance with 19 CFR 351.213(d)(3), in the final results of
review.\8\
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\7\ See Hebei Minmetals' Letter, ``Steel Racks from the People's
Republic of China: Hebei Minmetals' No Shipment Letter,'' dated
December 2, 2021.
\8\ See Memoranda, ``Steel Racks from the People's Republic of
China: Customs Data for Respondent Selection,'' dated November 24,
2021; and ``Steel Racks from the People's Republic of China: Release
of U.S. Customs and Border Protection Information Relating to No
Shipment Claim,'' dated August 16, 2022.
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Preliminary Rate for Non-Selected Companies Under Review
There are 29 companies for which a review was requested and not
subject to rescission in the final results of review, and which were
not selected as mandatory respondents or found to be cross-owned with
the mandatory respondent. The statute and Commerce's regulations do not
directly address the establishment of rates to be applied to companies
not selected for individual examination where Commerce limits its
examination in an administrative review pursuant to section 777A(e)(2)
of the Act. However, Commerce normally determines the rates for non-
selected companies in reviews in a manner that is consistent with
section 705(c)(5) of the Act, which provides the basis for calculating
the all-others rate in an investigation.
Section 705(c)(5)(A)(i) of the Act instructs Commerce, as a general
rule, to calculate an all-others rate equal to the weighted average of
the countervailable subsidy rates established for exporters and/or
producers individually examined, excluding any rates that are zero, de
minimis, or based entirely on facts available. In this review, the sole
mandatory respondent, Nanjing Dongsheng Shelf Manufacturing Co., Ltd.
(Dongsheng), had a rate which was not zero, de minimis, or based
entirely on facts available. Thus, for the companies for which a review
was requested that were not selected as mandatory company respondents
and for which Commerce is not rescinding the review, Commerce is basing
the subsidy rate on the rate calculated for Dongsheng.
Preliminary Results of Review
As a result of this administrative review, we preliminarily find
that the following net countervailable subsidy rates exist for the
period January 1, 2020, through December 31, 2020:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
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Nanjing Dongsheng Shelf Manufacturing Co., Ltd.......... 21.02
Review-Specific Rate Applicable to the Following
Companies:
Ateel Display Industries (Xiamen) Co., Ltd.......... 21.02
CTC Universal (Zhangzhou) Industrial Co., Ltd....... 21.02
David Metal Craft Manufactory Ltd................... 21.02
[[Page 60646]]
Fujian Ever Glory Fixtures Co., Ltd................. 21.02
Guangdong Wireking Housewares and Hardware Co., Ltd. 21.02
Hebei Wuxin Garden Products Co., Ltd................ 21.02
Huanghua Xinxing Furniture Co., Ltd................. 21.02
i-Lift Equipment Ltd................................ 21.02
Johnson (Suzhou) Metal Products Co., Ltd............ 21.02
Master Trust (Xiamen) Import and Export Co., Ltd.... 21.02
Nanjing Ironstone Storage Equipment Co., Ltd........ 21.02
Nanjing Kingmore Logistics Equipment Manufacturing 21.02
Co., Ltd...........................................
Ningbo Xinguang Rack Co., Ltd....................... 21.02
Redman Corporation.................................. 21.02
Redman Import & Export Limited...................... 21.02
Suzhou (China) Sunshine Hardware & Equipment Imp. & 21.02
Exp. Co. Ltd.......................................
Tianjin Master Logistics Equipment Co., Ltd......... 21.02
Xiamen Baihuide Manufacturing Co., Ltd.............. 21.02
Xiamen Ever Glory Fixtures Co., Ltd................. 21.02
Xiamen Golden Trust Industry & Trade Co., Ltd....... 21.02
Xiamen Kingfull Imp and Exp Co., Ltd. (d.b.a) Xiamen 21.02
Kingfull Displays Co., Ltd.........................
Xiamen LianHong Industry and Trade Co., Ltd......... 21.02
Xiamen Luckyroc Industry Co., Ltd................... 21.02
Xiamen Luckyroc Storage Equipment Manufacture Co., 21.02
Ltd................................................
Xiamen Meitoushan Metal Products Co., Ltd........... 21.02
Xiamen Power Metal Display Co., Ltd................. 21.02
Xiamen XinHuiYuan Industrial & Trade Co., Ltd....... 21.02
Xiamen Yiree Display Fixtures Co., Ltd.............. 21.02
Zhangjiagang Better Display Co., Ltd................ 21.02
------------------------------------------------------------------------
Assessment Rates
Upon issuance of the final results of this administrative review,
consistent with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2),
Commerce shall determine, and CBP shall assess, CVDs on all appropriate
entries covered by this review. For the company for which we intend to
rescind this review, upon issuance of the final rescission, Commerce
will instruct CBP to assess CVDs on all appropriate entries at a rate
equal to the cash deposit of estimated CVDs required at the time of
entry, or withdrawal from warehouse, for consumption, during the period
January 1, 2020, through December 31, 2020, in accordance with 19 CFR
351.212(c)(1)(i).
For the companies remaining in the review, Commerce intends to
issue assessment instructions to CBP no earlier than 35 days after the
date of publication 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).
Cash Deposit Requirements
Pursuant to section 751(a)(2)(C) of the Act, Commerce intends, upon
publication of the final results, to instruct CBP to collect cash
deposits of estimated CVDs in the amounts calculated in the final
results of this review for the respective companies listed above, on
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this administrative review. If the rate calculated in the
final results is zero or de minimis, no cash deposit will be required
on shipments of the subject merchandise entered or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this review.
For all non-reviewed companies, we will instruct CBP to continue to
collect cash deposits of estimated countervailing duties at the China-
wide entity rate (i.e., 144.50 percent) \9\ or the most recent company-
specific rate applicable to the company, as appropriate. These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\9\ See Order, 84 FR at 48585.
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Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results to parties in this proceeding within five days
after public announcement of the preliminary results in accordance with
19 CFR 351.224(b). Pursuant to 19 CFR 351.309(c), interested parties
may submit case briefs no later than 30 days after the date of
publication of this notice. Rebuttal briefs, limited to issues raised
in the case briefs, may be filed no later than seven days after the
date for filing case briefs.\10\ Parties who submit case or rebuttal
briefs in this proceeding are encouraged to submit with each argument:
(1) a statement of the issue; (2) a brief summary of the argument; and
(3) a table of authorities.\11\ Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\12\
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\10\ See 19 CFR 351.309(d).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
\12\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 41363 (July 10, 2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, filed electronically via ACCESS. An
electronically filed document must be received successfully in its
entirety by Commerce's electronic records system, ACCESS, by 5:00 p.m.
Eastern Time within 30 days after the date of publication of this
notice.\13\ Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. If a request for a hearing is made, we will
inform parties of the scheduled date and time for the hearing.
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\13\ See 19 CFR 351.310(c).
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[[Page 60647]]
Unless extended, we intend to issue the final results of this
administrative review, including the results of our analysis of the
issues raised by the parties in their case briefs, no later than 120
days after the date of publication of this notice in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213(d)(4) and 351.221(b)(4).
Dated: September 30, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Non-Selected Companies Under Review
V. Intent To Rescind Administrative Review, in Part
VI. Diversification of China's Economy
VII. Use of Facts Otherwise Available and Application of Adverse
Inferences
VIII. Subsidies Valuation
IX. Interest Rate Benchmarks, Discount Rates, Steel Input,
Electricity, and Natural Gas Benchmarks
X. Analysis of Programs
XI. Recommendation
[FR Doc. 2022-21800 Filed 10-5-22; 8:45 am]
BILLING CODE 3510-DS-P
