Certain Metal Lockers and Parts Thereof From the People's Republic of China: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2021-2022, 62061-62064 [2023-19389]
Download as PDF
<![CDATA[
lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Notices
have been ‘‘worked after rolling’’)—for
example, products which have been
beveled or rounded at the edges. Steel
products that meet the noted physical
characteristics that are painted,
varnished or coated with plastic or other
non-metallic substances are included
within this scope. Also, specifically
included in the scope of the Orders is
high strength, low alloy (HSLA) steels.
HSLA steels are recognized as steels
with micro-alloying levels of elements
such as chromium, copper, niobium,
titanium, vanadium, and molybdenum.
Steel products to be included in this
scope, regardless of Harmonized Tariff
Schedule of the United States (HTSUS)
definitions, are products in which: (1)
iron predominates, by weight, over each
of the other contained elements; (2) the
carbon content is two percent or less, by
weight; and (3) none of the elements
listed below is equal to or exceeds the
quantity, by weight, respectively
indicated: 1.80 percent of manganese, or
1.50 percent of silicon, or 1.00 percent
of copper, or 0.50 percent of aluminum,
or 1.25 percent of chromium, or 0.30
percent of cobalt, or 0.40 percent of
lead, or 1.25 percent of nickel, or 0.30
percent of tungsten, or 0.10 percent of
molybdenum, or 0.10 percent of
niobium, or 0.41 percent of titanium, or
0.15 percent of vanadium, or 0.15
percent zirconium. All products that
meet the written physical description,
and in which the chemistry quantities
do not equal or exceed any one of the
levels listed above, are within the scope
of these Orders unless otherwise
specifically excluded. The following
products are specifically excluded from
the Orders: (1) products clad, plated, or
coated with metal, whether or not
painted, varnished or coated with
plastic or other non-metallic substances;
(2) SAE grades (formerly AISI grades) of
series 2300 and above; (3) products
made to ASTM A710 and A736 or their
proprietary equivalents; (4) abrasionresistant steels (i.e., USS AR 400, USS
AR 500); (5) products made to ASTM
A202, A225, A514 grade S, A517 grade
S, or their proprietary equivalents; (6)
ball bearing steels; (7) tool steels; and (8)
silicon manganese steel or silicon
electric steel.
The merchandise subject to the
Orders is currently classifiable in the
HTSUS under subheadings:
7208.40.3030, 7208.40.3060,
7208.51.0030, 7208.51.0045,
7208.51.0060, 7208.52.0000,
7208.53.0000, 7208.90.0000,
7210.70.3000, 7210.90.9000,
7211.13.0000, 7211.14.0030,
7211.14.0045, 7211.90.0000,
7212.40.1000, 7212.40.5000,
7212.50.0000, 7225.40.3050,
VerDate Sep<11>2014
17:30 Sep 07, 2023
Jkt 259001
7225.40.7000, 7225.50.6000,
7225.99.0090, 7226.91.5000,
7226.91.7000, 7226.91.8000,
7226.99.0000. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
covered by the Orders is dispositive.
Continuation of the Orders
As a result of the determinations by
Commerce and the ITC that revocation
of the Orders would likely lead to
continuation or recurrence of dumping,
countervailable subsidies, and material
injury to an industry in the United
States, pursuant to section 751(d)(2) of
the Act, Commerce hereby orders the
continuation of the Orders. U.S.
Customs and Border Protection will
continue to collect AD and CVD cash
deposits at the rates in effect at the time
of entry for all imports of subject
merchandise.
The effective date of the continuation
of the Orders will be August 28, 2023.6
Pursuant to section 751(c)(2) of the Act
and 19 CFR 351.218(c)(2), Commerce
intends to initiate the next five-year
reviews of the Orders not later than 30
days prior to fifth anniversary of the
date of the last determination by the
Commission.
Administrative Protective Order (APO)
This notice also serves as a final
reminder to parties subject to an 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
These five-year (sunset) reviews and
this notice are in accordance with
sections 751(c) and 751(d)(2) of the Act
and published in accordance with
section 777(i) of the Act, and 19 CFR
351.218(f)(4).
Dated: September 1, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2023–19387 Filed 9–7–23; 8:45 am]
BILLING CODE 3510–DS–P
6 See
PO 00000
ITC Sunset Review Determination.
Frm 00016
Fmt 4703
Sfmt 4703
62061
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–133]
Certain Metal Lockers and Parts
Thereof From the People’s Republic of
China: Preliminary Results and Partial
Rescission of Antidumping Duty
Administrative Review; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
finds that certain exporters made sales
of certain metal lockers and parts
thereof (metal lockers) from the People’s
Republic of China (China) during the
period of review (POR), February 11,
2021, through July 31, 2022.
Additionally, Commerce is rescinding
this review with respect to Hangzhou
Zhuoxu Trading Co. Ltd. (Hangzhou
Zhuoxu). Interested parties are invited
to comment on these preliminary
results.
DATES: Applicable September 8, 2023.
FOR FURTHER INFORMATION CONTACT:
Deborah Cohen or Matthew Palmer, AD/
CVD Operations, Office III, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4521 or (202) 482–1678,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 20, 2021, Commerce
published in the Federal Register the
antidumping duty order on metal
lockers from China.1 On August 2, 2022,
Commerce published in the Federal
Register a notice of opportunity to
request administrative reviews of the
Order.2 On October 11, 2022, in
accordance with 19 CFR
351.221(c)(1)(i), Commerce published a
notice of initiation for this
administrative review in response to
requests to review by interested parties.3
On March 28, 2023, we extended the
deadline for these preliminary results,
in accordance with section 751(a)(3)(A)
of the Tariff Act of 1930, as amended
1 See Certain Metal Lockers and Parts Thereof
From the People’s Republic of China: Antidumping
and Countervailing Duty Orders, 86 FR 46826
(August 20, 2021) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review and Join Annual
Inquiry Service List, 87 FR 47187 (August 2, 2022).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
61278 (October 11, 2022). (Initiation Notice).
E:\FR\FM\08SEN1.SGM
08SEN1
62062
Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Notices
(the Act), and 19 CFR 351.213(h)(2),
until August 31, 2023.
For a complete description of the
events that followed the initiation of
this administrative review, see the
Preliminary Decision Memorandum.4 A
list of topics included in the
Preliminary Decision Memorandum is
included as an appendix to this notice.
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 found at
https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Order
The products covered by the Order
are metal lockers from China. For a
complete description of the Order, see
the Preliminary Decision Memorandum.
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1),
based on the timely withdrawal of the
sole request for review, we are
rescinding this administrative review
with respect to the following company
named in the Initiation Notice:
Hangzhou Zhuoxu.5
Separate Rates
Commerce preliminarily determines
that three non-individually examined
companies are eligible for separate rates
in this administrative review.6 The Act
and Commerce’s regulations do not
address the establishment of a separate
rate to be applied to companies 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 rate for separate-rate
respondents which Commerce did not
examine individually in an
administrative review. Section
735(c)(5)(A) of the Act states that the all-
lotter on DSK11XQN23PROD with NOTICES1
4 See
Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Review of Certain Metal Lockers
and Parts Thereof from the People’s Republic of
China, 2021–2022,’’ dated concurrently with this
notice (Preliminary Decision Memorandum).
5 See Hangzhou Zhuoxu’s Letter, ‘‘Withdrawal of
Administrative Review Request,’’ dated November
1, 2022.
6 See Preliminary Decision Memorandum at the
‘‘Separate Rate Determination’’ section for more
details.
VerDate Sep<11>2014
17:30 Sep 07, 2023
Jkt 259001
others rate should be calculated by
averaging the weighted-average
dumping margins calculated for
individually-examined respondents,
excluding dumping margins that are
zero, de minimis, or based entirely on
facts available. For the preliminary
results of this review, Commerce
determined the estimated dumping
margins for ZXM/XMT and Hangzhou
Evernew to be 76.95 percent and 288.06
percent, respectively. As explained in
the Preliminary Decision Memorandum,
we are preliminarily assigning a rate of
94.13 percent to the three non-examined
respondents: Kunshan Dongchu
Precision Machinery Co., Ltd., Tianjin
Jia Mei Metal Furniture Ltd, and
Zhejiang Focus-On Import & Export Co.,
Ltd., which qualify for a separate rate in
this review, consistent with Commerce’s
practice and section 735(c)(5)(A) of the
Act.
The China-Wide Entity
Under Commerce’s policy regarding
the conditional review of the Chinawide entity,7 the China-wide entity will
not be under review unless a party
specifically requests, or Commerce selfinitiates, a review of the entity. Because
no party requested a review of the
China-wide entity in this review, the
entity is not under review, and the
entity’s rate (i.e., 322.25 percent) is not
subject to change.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Act. Commerce has calculated
export prices in accordance with section
772(a) of the Act and constructed export
prices in accordance with section 772(b)
of the Act. Because China is a nonmarket economy, within the meaning of
section 771(18) of the Act, Commerce
has calculated normal value (NV) in
accordance with section 773(c) of the
Act. For a full description of the
methodology underlying Commerce’s
preliminary results, see the Preliminary
Decision Memorandum.
Preliminary Results of Review
We preliminarily determine that the
following estimated weighted-average
dumping margins exist for the period
February 11, 2021, through July 31,
2022:
7 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
Exporter
Weightedaverage
dumping
margin
(percent)
Zhejiang Xingyi Metal Products
Co., Ltd and Xingyi Metalworking Technology (Zhejiang)
Co., Ltd ...................................
Hangzhou Evernew Machinery &
Equipment Company Limited/
Zhejiang Yinghong Metalworks
Co., Ltd 8 .................................
Kunshan Dongchu Precision Machinery Co., Ltd .......................
Tianjin Jia Mei Metal Furniture
Ltd ...........................................
Zhejiang Focus-On Import & Export Co., Ltd ............................
76.95
239.33
96.31
96.31
96.31
Disclosure and Public Comment
We intend to disclose to interested
parties the calculations performed for
these preliminary results in accordance
with 19 CFR 351.224(b). Interested
parties may submit case briefs no later
than 30 days after the date of
publication of these preliminary results
of review.9 Rebuttal briefs, limited to
issues raised in case briefs, may be
submitted no later than seven days after
the deadline date for case briefs.10
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this review 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. Executive
summaries should be limited to five
pages total, including footnotes. Case
and rebuttal briefs should be filed using
ACCESS.11 Note that Commerce has
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
8 We preliminarily find that Hangzhou Evernew
and its producer, Zhejiang Yinghong Metalworks
Co., Ltd., are affiliated, pursuant to section
771(33)(F) of the Act and 19 CFR 351.102(b)(3) and
should be treated as a single entity pursuant to 19
CFR 351.401(f)(1) for the purposes of these
preliminary results. See Preliminary Decision
Memorandum at Section V. ‘‘Single Entity
Analysis’’ for further discussion of the preliminary
collapsing determination.
9 See 19 CFR 351.309(c).
10 See 19 CFR 351.309(d); see also Temporary
Rule Modifying AD/CVD Service Requirements Due
to COVID–19, 85 FR 17006, 17007 (March 26, 2020)
(‘‘To provide adequate time for release of case briefs
via ACCESS, E&C intends to schedule the due date
for all rebuttal briefs to be 7 days after case briefs
are filed (while these modifications remain in
effect.’’).
11 See, generally, 19 CFR 351.303.
12 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
E:\FR\FM\08SEN1.SGM
08SEN1
Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Notices
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, filed electronically via
Commerce’s electric records system,
ACCESS. An electronically-filed request
must be received successfully in its
entirety by 5:00 p.m. Eastern Time
within 30 days after the date of
publication of this notice.13 Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined.14 Parties should
confirm by telephone the date and time
of the hearing two days before the
scheduled date.
Unless otherwise extended, we intend
to issue the final results of this
administrative review, which will
include the results of our analysis of the
issues raised in the case and rebuttal
briefs, within 120 days of publication of
these preliminary results in the Federal
Register, pursuant to section
751(a)(3)(A) of the Act and 19 CFR
351.213(h).
lotter on DSK11XQN23PROD with NOTICES1
Assessment Rates
Upon issuance of the final results,
Commerce will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review, in accordance with 19 CFR
351.212(b)(1). Commerce intends to
issue assessment instructions to CBP 35
days after the publication of the final
results of this review. 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).
We will calculate importer/customerspecific assessment rates equal to the
ratio of the total amount of dumping
calculated for examined sales to a
particular importer/customer to the total
entered value of those sales, in
accordance with 19 CFR 351.212(b)(1).15
Where the respondents reported reliable
entered values, Commerce intends to
13 See
19 CFR 351.310(c).
19 CFR 351.310(d).
15 In these preliminary results, Commerce 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).
14 See
VerDate Sep<11>2014
17:30 Sep 07, 2023
Jkt 259001
calculate importer/customer-specific ad
valorem assessment rates by dividing
the total amount of dumping calculated
for all reviewed U.S. sales to the
importer/customer by the total entered
value of the merchandise sold to the
importer/customer.16 Where the
respondents did not report entered
values, Commerce will calculate
importer/customer-specific assessment
rates by dividing the total amount of
dumping calculated for all reviewed
U.S. sales to the importer/customer by
the total quantity of those sales.
Commerce will calculate an estimated
ad valorem importer/customer-specific
assessment rate to determine whether
the per-unit assessment rate is de
minimis; however, Commerce will use
the per-unit assessment rate where
entered values were not reported.17
Where an importer/customer-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 either the
respondents’ ad valorem weightedaverage dumping margin is zero or de
minimis, or an importer/customerspecific ad valorem assessment rate is
zero or de minimis,18 Commerce will
instruct CBP to liquidate the appropriate
entries without regard to ADs.
Pursuant to Commerce’s refinement to
its practice, for sales that were not
reported in the U.S. sales database
submitted by a respondent individually
examined during this review, Commerce
will instruct CBP to liquidate the entry
of such merchandise at the dumping
margin assigned to the China-wide
entity.19 For respondents not
individually examined in this
administrative review that qualified for
a separate rate, the assessment rate will
be equal to the weighted-average
dumping margin assigned to the
respondent in the final results of this
review.20
In accordance with section
751(a)(2)(C) of the Act, the final results
of this review shall be the basis for the
assessment of ADs on entries of
16 See
19 CFR 351.212(b)(1).
17 Id.
18 See
19 CFR 351.106(c)(2).
a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
20 See, e.g., Drawn Stainless Steel Sinks from the
People’s Republic of China: Preliminary Results of
the Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments: 2014–
2015, 81 FR 29528 (May 12, 2016), and
accompanying PDM at 10–11, unchanged in Drawn
Stainless Steel Sinks from the People’s Republic of
China: Final Results of Antidumping Duty
Administrative Review; Final Determination of No
Shipments; 2014–2015, 81 FR 54042 (August 15,
2016).
19 For
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
62063
merchandise covered by the final results
of this review and for future deposits of
estimated ADs, where applicable.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
review for all shipments of the subject
merchandise from China entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the notice of the final
results of administrative review in the
Federal Register, as provided for by
section 751(a)(2)(C) of the Act: (1) for
the companies that have a separate rate,
the cash deposit rate will be that rate
established in the final results of this
review (except, if the rate is de minimis,
then a cash deposit rate of zero will be
required); (2) for previously investigated
or reviewed Chinese and non-Chinese
exporters for which a review was not
requested and that received a separate
rate in a prior segment of this
proceeding, the cash deposit rate will
continue to be the existing exporterspecific rate; (3) for all Chinese
exporters of subject merchandise that
have not been found to be entitled to a
separate rate, the cash deposit rate will
be the rate for the China-wide entity
(i.e., 322.25 percent); and (4) for all nonChinese exporters of subject
merchandise that have not received
their own rate, the cash deposit rate will
be the rate applicable to the Chinese
exporter that supplied that non-Chinese
exporter. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
In the underlying investigation, we
determined that ZXM and its affiliate,
XMT, comprised a single entity
pursuant to 19 CFR 351.401(f).
Commerce’s practice is to presume that
companies continue to comprise a
single entity when that finding has been
made in a prior segment of the
proceeding.21 Accordingly, we initiated
upon and examined the collapsed ZXM/
XMT respondent throughout the
preliminary stage of this proceeding.
However, as discussed in the
Preliminary Decision Memorandum, we
preliminarily determine that the record
no longer supports a finding that ZXM
should be collapsed with XMT
subsequent to January 13, 2022, as ZXM
21 See Initiation Notice. See also, e.g., China First
Pencil Co., Ltd. v. United States, 427 F.Supp.2d.
1236, 1239–41 (CIT 2006) (sustaining Commerce’s
decision to continue collapsing companies which
were found to be collapsed in a previous review,
where plaintiff ‘‘failed to meet its burden of
establishing that the facts and circumstances had
changed sufficiently to warrant a re-examination of
Commerce’s decision.’’).
E:\FR\FM\08SEN1.SGM
08SEN1
62064
Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Notices
ceased involvement with the production
and/or exportation of subject
merchandise prior to the POR, was
acquired by an unrelated third-party
ownership a month prior, and all
indicia of affiliation and/or control
between the two companies ceased as of
that date. Accordingly, we continue to
review the single entity for the February
11, 2021, through January 13, 2022,
segment of this review and for the
purposes of subsequent assessment.
Therefore, should Commerce continue
to determine the companies are not a
single entity and XMT remains the only
component of the former ZXM/XMT
entity involved in the exportation of
subject merchandise in the final results,
we intend to assign the prospective cash
deposit rate only to XMT as the
exporter, and to instruct CBP to
discontinue the ZXM/XMT combination
rate.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping and/or countervailing
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 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.
Notification to Interested Parties
We are issuing and publishing the
preliminary results of this review in
accordance with sections 751(a)(l) and
777(i)(l) of the Act, 19 CFR
351.213(d)(4), and 19 CFR 351.221(b)(4).
Dated: August 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
lotter on DSK11XQN23PROD with NOTICES1
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Use of Partial Facts Available With
Adverse Inferences
A. Application of Facts Available With
Adverse Inferences
B. Selection of the AFA Rate
V. Single Entity Analysis
VI. Partial Recission of Administrative
Review
VII. Discussion of the Methodology
A. Non-Market Economy Country
VerDate Sep<11>2014
17:30 Sep 07, 2023
Jkt 259001
B. Surrogate Country and Surrogate Value
Comments
C. Separate Rates
D. The China-Wide Entity
E. Date of Sale
F. Comparisons to Fair Value
G. Export Price
H. Constructed Export Price
I. Value-Added Tax
J. Normal Value
K. Factor Valuation Methodology
VIII. Currency Conversion
IX. Adjustment Under Section 777(A)(F) of
the Act
X. Recommendation
[FR Doc. 2023–19389 Filed 9–7–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–557–813]
Polyethylene Retail Carrier Bags From
Malaysia: Preliminary Results of
Antidumping Duty Administrative
Review; 2021–2022
accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act)
and 19 CFR 351.221(c)(1)(i), Commerce
initiated an administrative review of the
Order.3 Pursuant to section 751(a)(3)(A)
of the Act, Commerce extended the
deadline for the preliminary results
until August 31, 2021.4
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.5 A list of topics
included in the Preliminary Decision
Memorandum is included as an
appendix to this notice. 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.
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
finds that Euro SME Sdn Bhd (Euro
SME) made sales of polyethylene retail
carrier bags (PRCBs) from Malaysia at
less than normal value (NV) during the
period of review (POR), August 1, 2021,
through July 31, 2022. We invite
interested parties to comment on these
preliminary results.
DATES: Applicable September 8, 2023.
FOR FURTHER INFORMATION CONTACT:
Katherine Sliney, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2437.
SUPPLEMENTARY INFORMATION:
Scope of the Order
Background
On August 9, 2004, Commerce
published in the Federal Register the
antidumping duty (AD) order on
polyethylene retail carrier bags from
Malaysia.1 On August 2, 2022,
Commerce published in the Federal
Register a notice of opportunity to
request an administrative review of the
Order.2 On October 11, 2022, based on
timely requests for review and in
Preliminary Results of the Review
AGENCY:
1 See Antidumping Duty Order: Polyethylene
Retail Carrier Bags from Malaysia, 69 FR 48203
(August 9, 2004) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review and Join Annual
Inquiry Service List, 87 FR 47187 (August 2, 2022).
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
The merchandise covered by this
Order is polyethylene retail carrier bags
from Malaysia, which also may be
referred to as t-shirt sacks, merchandise
bags, grocery bags, or checkout bags. For
a full description of the scope of the
Order, see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a) of the
Act. Export price and constructed
export price were calculated in
accordance with section 772 of the Act.
NV is calculated in accordance with
section 773 of the Act. For a full
description of the methodology
underlying these preliminary results,
see the Preliminary Decision
Memorandum.
We preliminarily determine that the
following estimated weighted-average
dumping margin exists for the period
August 1, 2021, through July 31, 2022:
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
61278 (October 11, 2022).
4 See Memorandum, ‘‘Polyethylene Retail Carrier
Bags from Malaysia: Extension of Deadline for the
Preliminary Results of Antidumping Duty
Administrative Review; 2019–2020,’’ dated March
31, 2021.
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2021–2022
Antidumping Duty Administrative Review:
Polyethylene Retail Carrier Bags from Malaysia,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
E:\FR\FM\08SEN1.SGM
08SEN1
]]>Agencies
[Federal Register Volume 88, Number 173 (Friday, September 8, 2023)]
[Notices]
[Pages 62061-62064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19389]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-133]
Certain Metal Lockers and Parts Thereof From the People's
Republic of China: Preliminary Results and Partial Rescission of
Antidumping Duty Administrative Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that certain exporters made sales of certain metal lockers and parts
thereof (metal lockers) from the People's Republic of China (China)
during the period of review (POR), February 11, 2021, through July 31,
2022. Additionally, Commerce is rescinding this review with respect to
Hangzhou Zhuoxu Trading Co. Ltd. (Hangzhou Zhuoxu). Interested parties
are invited to comment on these preliminary results.
DATES: Applicable September 8, 2023.
FOR FURTHER INFORMATION CONTACT: Deborah Cohen or Matthew Palmer, AD/
CVD Operations, Office III, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-4521 or (202)
482-1678, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 20, 2021, Commerce published in the Federal Register the
antidumping duty order on metal lockers from China.\1\ On August 2,
2022, Commerce published in the Federal Register a notice of
opportunity to request administrative reviews of the Order.\2\ On
October 11, 2022, in accordance with 19 CFR 351.221(c)(1)(i), Commerce
published a notice of initiation for this administrative review in
response to requests to review by interested parties.\3\ On March 28,
2023, we extended the deadline for these preliminary results, in
accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as
amended
[[Page 62062]]
(the Act), and 19 CFR 351.213(h)(2), until August 31, 2023.
---------------------------------------------------------------------------
\1\ See Certain Metal Lockers and Parts Thereof From the
People's Republic of China: Antidumping and Countervailing Duty
Orders, 86 FR 46826 (August 20, 2021) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 47187 (August 2,
2022).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 61278 (October 11, 2022). (Initiation
Notice).
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this administrative review, see the Preliminary Decision
Memorandum.\4\ A list of topics included in the Preliminary Decision
Memorandum is included as an appendix to this notice. 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 found at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of Certain
Metal Lockers and Parts Thereof from the People's Republic of China,
2021-2022,'' dated concurrently with this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the Order are metal lockers from China. For
a complete description of the Order, see the Preliminary Decision
Memorandum.
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), based on the timely withdrawal of
the sole request for review, we are rescinding this administrative
review with respect to the following company named in the Initiation
Notice: Hangzhou Zhuoxu.\5\
---------------------------------------------------------------------------
\5\ See Hangzhou Zhuoxu's Letter, ``Withdrawal of Administrative
Review Request,'' dated November 1, 2022.
---------------------------------------------------------------------------
Separate Rates
Commerce preliminarily determines that three non-individually
examined companies are eligible for separate rates in this
administrative review.\6\ The Act and Commerce's regulations do not
address the establishment of a separate rate to be applied to companies
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 rate for separate-rate
respondents which Commerce did not examine individually 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 calculated for individually-examined respondents,
excluding dumping margins that are zero, de minimis, or based entirely
on facts available. For the preliminary results of this review,
Commerce determined the estimated dumping margins for ZXM/XMT and
Hangzhou Evernew to be 76.95 percent and 288.06 percent, respectively.
As explained in the Preliminary Decision Memorandum, we are
preliminarily assigning a rate of 94.13 percent to the three non-
examined respondents: Kunshan Dongchu Precision Machinery Co., Ltd.,
Tianjin Jia Mei Metal Furniture Ltd, and Zhejiang Focus-On Import &
Export Co., Ltd., which qualify for a separate rate in this review,
consistent with Commerce's practice and section 735(c)(5)(A) of the
Act.
---------------------------------------------------------------------------
\6\ See Preliminary Decision Memorandum at the ``Separate Rate
Determination'' section for more details.
---------------------------------------------------------------------------
The China-Wide Entity
Under Commerce's policy regarding the conditional review of the
China-wide entity,\7\ the China-wide entity will not be under review
unless a party specifically requests, or Commerce self-initiates, a
review of the entity. Because no party requested a review of the China-
wide entity in this review, the entity is not under review, and the
entity's rate (i.e., 322.25 percent) is not subject to change.
---------------------------------------------------------------------------
\7\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. Commerce has calculated export prices in
accordance with section 772(a) of the Act and constructed export prices
in accordance with section 772(b) of the Act. Because China is a non-
market economy, within the meaning of section 771(18) of the Act,
Commerce has calculated normal value (NV) in accordance with section
773(c) of the Act. For a full description of the methodology underlying
Commerce's preliminary results, see the Preliminary Decision
Memorandum.
Preliminary Results of Review
We preliminarily determine that the following estimated weighted-
average dumping margins exist for the period February 11, 2021, through
July 31, 2022:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Zhejiang Xingyi Metal Products Co., Ltd and Xingyi 76.95
Metalworking Technology (Zhejiang) Co., Ltd................
Hangzhou Evernew Machinery & Equipment Company Limited/ 239.33
Zhejiang Yinghong Metalworks Co., Ltd \8\..................
Kunshan Dongchu Precision Machinery Co., Ltd................ 96.31
Tianjin Jia Mei Metal Furniture Ltd......................... 96.31
Zhejiang Focus-On Import & Export Co., Ltd.................. 96.31
------------------------------------------------------------------------
Disclosure and Public Comment
We intend to disclose to interested parties the calculations
performed for these preliminary results in accordance with 19 CFR
351.224(b). Interested parties may submit case briefs no later than 30
days after the date of publication of these preliminary results of
review.\9\ Rebuttal briefs, limited to issues raised in case briefs,
may be submitted no later than seven days after the deadline date for
case briefs.\10\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties
who submit case briefs or rebuttal briefs in this review 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. Executive
summaries should be limited to five pages total, including footnotes.
Case and rebuttal briefs should be filed using ACCESS.\11\ Note that
Commerce has modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\12\
---------------------------------------------------------------------------
\8\ We preliminarily find that Hangzhou Evernew and its
producer, Zhejiang Yinghong Metalworks Co., Ltd., are affiliated,
pursuant to section 771(33)(F) of the Act and 19 CFR 351.102(b)(3)
and should be treated as a single entity pursuant to 19 CFR
351.401(f)(1) for the purposes of these preliminary results. See
Preliminary Decision Memorandum at Section V. ``Single Entity
Analysis'' for further discussion of the preliminary collapsing
determination.
\9\ See 19 CFR 351.309(c).
\10\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007
(March 26, 2020) (``To provide adequate time for release of case
briefs via ACCESS, E&C intends to schedule the due date for all
rebuttal briefs to be 7 days after case briefs are filed (while
these modifications remain in effect.'').
\11\ See, generally, 19 CFR 351.303.
\12\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a
[[Page 62063]]
hearing, limited to issues raised in the case and rebuttal briefs, must
submit a written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, filed electronically via
Commerce's electric records system, ACCESS. An electronically-filed
request must be received successfully in its entirety by 5:00 p.m.
Eastern Time within 30 days after the date of publication of this
notice.\13\ Requests should contain the party's name, address, and
telephone number, the number of participants, whether any participant
is a foreign national, and a list of the issues to be discussed. If a
request for a hearing is made, Commerce intends to hold the hearing at
a time and date to be determined.\14\ Parties should confirm by
telephone the date and time of the hearing two days before the
scheduled date.
---------------------------------------------------------------------------
\13\ See 19 CFR 351.310(c).
\14\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
Unless otherwise extended, we intend to issue the final results of
this administrative review, which will include the results of our
analysis of the issues raised in the case and rebuttal briefs, within
120 days of publication of these preliminary results in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR
351.213(h).
Assessment Rates
Upon issuance of the final results, Commerce will determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review, in accordance with 19 CFR 351.212(b)(1). Commerce
intends to issue assessment instructions to CBP 35 days after the
publication of the final results of this review. 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).
We will calculate importer/customer-specific assessment rates equal
to the ratio of the total amount of dumping calculated for examined
sales to a particular importer/customer to the total entered value of
those sales, in accordance with 19 CFR 351.212(b)(1).\15\ Where the
respondents reported reliable entered values, Commerce intends to
calculate importer/customer-specific ad valorem assessment rates by
dividing the total amount of dumping calculated for all reviewed U.S.
sales to the importer/customer by the total entered value of the
merchandise sold to the importer/customer.\16\ Where the respondents
did not report entered values, Commerce will calculate importer/
customer-specific assessment rates by dividing the total amount of
dumping calculated for all reviewed U.S. sales to the importer/customer
by the total quantity of those sales. Commerce will calculate an
estimated ad valorem importer/customer-specific assessment rate to
determine whether the per-unit assessment rate is de minimis; however,
Commerce will use the per-unit assessment rate where entered values
were not reported.\17\ Where an importer/customer-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
either the respondents' ad valorem weighted-average dumping margin is
zero or de minimis, or an importer/customer-specific ad valorem
assessment rate is zero or de minimis,\18\ Commerce will instruct CBP
to liquidate the appropriate entries without regard to ADs.
---------------------------------------------------------------------------
\15\ In these preliminary results, Commerce 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).
\16\ See 19 CFR 351.212(b)(1).
\17\ Id.
\18\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------
Pursuant to Commerce's refinement to its practice, for sales that
were not reported in the U.S. sales database submitted by a respondent
individually examined during this review, Commerce will instruct CBP to
liquidate the entry of such merchandise at the dumping margin assigned
to the China-wide entity.\19\ For respondents not individually examined
in this administrative review that qualified for a separate rate, the
assessment rate will be equal to the weighted-average dumping margin
assigned to the respondent in the final results of this review.\20\
---------------------------------------------------------------------------
\19\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
\20\ See, e.g., Drawn Stainless Steel Sinks from the People's
Republic of China: Preliminary Results of the Antidumping Duty
Administrative Review and Preliminary Determination of No Shipments:
2014-2015, 81 FR 29528 (May 12, 2016), and accompanying PDM at 10-
11, unchanged in Drawn Stainless Steel Sinks from the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review; Final Determination of No Shipments; 2014-2015, 81 FR 54042
(August 15, 2016).
---------------------------------------------------------------------------
In accordance with section 751(a)(2)(C) of the Act, the final
results of this review shall be the basis for the assessment of ADs on
entries of merchandise covered by the final results of this review and
for future deposits of estimated ADs, where applicable.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for all shipments of
the subject merchandise from China entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
notice of the final results of administrative review in the Federal
Register, as provided for by section 751(a)(2)(C) of the Act: (1) for
the companies that have a separate rate, the cash deposit rate will be
that rate established in the final results of this review (except, if
the rate is de minimis, then a cash deposit rate of zero will be
required); (2) for previously investigated or reviewed Chinese and non-
Chinese exporters for which a review was not requested and that
received a separate rate in a prior segment of this proceeding, the
cash deposit rate will continue to be the existing exporter-specific
rate; (3) for all Chinese exporters of subject merchandise that have
not been found to be entitled to a separate rate, the cash deposit rate
will be the rate for the China-wide entity (i.e., 322.25 percent); and
(4) for all non-Chinese exporters of subject merchandise that have not
received their own rate, the cash deposit rate will be the rate
applicable to the Chinese exporter that supplied that non-Chinese
exporter. These cash deposit requirements, when imposed, shall remain
in effect until further notice.
In the underlying investigation, we determined that ZXM and its
affiliate, XMT, comprised a single entity pursuant to 19 CFR
351.401(f). Commerce's practice is to presume that companies continue
to comprise a single entity when that finding has been made in a prior
segment of the proceeding.\21\ Accordingly, we initiated upon and
examined the collapsed ZXM/XMT respondent throughout the preliminary
stage of this proceeding. However, as discussed in the Preliminary
Decision Memorandum, we preliminarily determine that the record no
longer supports a finding that ZXM should be collapsed with XMT
subsequent to January 13, 2022, as ZXM
[[Page 62064]]
ceased involvement with the production and/or exportation of subject
merchandise prior to the POR, was acquired by an unrelated third-party
ownership a month prior, and all indicia of affiliation and/or control
between the two companies ceased as of that date. Accordingly, we
continue to review the single entity for the February 11, 2021, through
January 13, 2022, segment of this review and for the purposes of
subsequent assessment. Therefore, should Commerce continue to determine
the companies are not a single entity and XMT remains the only
component of the former ZXM/XMT entity involved in the exportation of
subject merchandise in the final results, we intend to assign the
prospective cash deposit rate only to XMT as the exporter, and to
instruct CBP to discontinue the ZXM/XMT combination rate.
---------------------------------------------------------------------------
\21\ See Initiation Notice. See also, e.g., China First Pencil
Co., Ltd. v. United States, 427 F.Supp.2d. 1236, 1239-41 (CIT 2006)
(sustaining Commerce's decision to continue collapsing companies
which were found to be collapsed in a previous review, where
plaintiff ``failed to meet its burden of establishing that the facts
and circumstances had changed sufficiently to warrant a re-
examination of Commerce's decision.'').
---------------------------------------------------------------------------
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing 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 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.
Notification to Interested Parties
We are issuing and publishing the preliminary results of this
review in accordance with sections 751(a)(l) and 777(i)(l) of the Act,
19 CFR 351.213(d)(4), and 19 CFR 351.221(b)(4).
Dated: August 31, 2023.
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. Use of Partial Facts Available With Adverse Inferences
A. Application of Facts Available With Adverse Inferences
B. Selection of the AFA Rate
V. Single Entity Analysis
VI. Partial Recission of Administrative Review
VII. Discussion of the Methodology
A. Non-Market Economy Country
B. Surrogate Country and Surrogate Value Comments
C. Separate Rates
D. The China-Wide Entity
E. Date of Sale
F. Comparisons to Fair Value
G. Export Price
H. Constructed Export Price
I. Value-Added Tax
J. Normal Value
K. Factor Valuation Methodology
VIII. Currency Conversion
IX. Adjustment Under Section 777(A)(F) of the Act
X. Recommendation
[FR Doc. 2023-19389 Filed 9-7-23; 8:45 am]
BILLING CODE 3510-DS-P
