Certain Metal Lockers and Parts Thereof From the People's Republic of China: Notice of Court Decision Not in Harmony With the Final Determination of Antidumping Duty Investigation; Notice of Amended Final Determination, 70644-70646 [2023-22453]

Download as PDF 70644 Federal Register / Vol. 88, No. 196 / Thursday, October 12, 2023 / Notices statutory injunction has expired (i.e., within 90 days of publication). Pursuant to Commerce’s assessment practice,8 for entries that were not reported in the U.S. sales data submitted by Qingsong, we will instruct CBP to liquidate such entries at the China-wide rate. For Zhejiang Sanmei, the respondent for which we are rescinding the administrative review, antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, during the POR, in accordance with 19 CFR 351.212(c)(1)(i). ddrumheller on DSK120RN23PROD with NOTICES1 Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of administrative review for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on, or after, the publication date of the final results of review, as provided for by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for Qingsong will be equal to the dumping margin established in the final results of this review; (2) for a previously investigated or reviewed exporter of subject merchandise not listed in the final results of review that has a separate rate, the cash deposit rate will continue to be the exporter’s existing cash deposit rate; (3) for all Chinese exporters of subject merchandise that do not have a separate rate, the cash deposit rate will be the cash deposit rate established for the China-wide entity, 221.06 percent; 9 and (4) for all exporters of subject merchandise that are not located in China and that are not eligible for a separate rate, the cash deposit rate will be the rate applicable to the China exporter(s) that supplied that nonChinese exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of 8 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full discussion of this practice. 9 See Order, 86 FR at 13886. VerDate Sep<11>2014 19:20 Oct 11, 2023 Jkt 262001 antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification Regarding Administrative Protective Order This notice also serves as the final reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return/ 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 sanctionable violation. Notification to Interested Parties We are issuing and publishing these final results of administrative review and notice in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(5). Dated: October 3, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Margin Calculations IV. Discussion of the Issues Comment 1: Selection of Surrogate Country and Surrogate Values Comment 2: Whether To Apply Partial Adverse Facts Available (AFA) to Qingsong’s Energy Factors of Production (FOPs) Comment 3: Whether To Grant a ByProduct Offset to Qingsong Comment 4: Whether to Account for Qingsong’s Bank Charges Comment 5: Whether Zhejiang Sanmei Chemical Industries Co., Ltd. (Zhejiang Sanmei) is Part of the China-Wide Entity V. Recommendation [FR Doc. 2023–22451 Filed 10–11–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–133] Certain Metal Lockers and Parts Thereof From the People’s Republic of China: Notice of Court Decision Not in Harmony With the Final Determination of Antidumping Duty Investigation; Notice of Amended Final Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 On September 28, 2023, the U.S. Court of International Trade (CIT) issued its final judgment in List Industries, Inc. v. United States, Court No. 21–00521, Slip Op. 23–143 (CIT September 28, 2023), sustaining the U.S. Department of Commerce’s (Commerce) first final results of redetermination pertaining to the antidumping duty (AD) investigation of certain metal lockers and parts thereof from the People’s Republic of China (China) covering the period of investigation January 1, 2020, through June 30, 2020. Commerce is notifying the public that the CIT’s final judgment is not in harmony with Commerce’s final determination in that investigation, and that Commerce is amending the final determination with respect to the weighted-average dumping margins assigned to the mandatory respondent, Zhejiang Xingyi Metal Products Co., Ltd./Xingyi Metalworking Technology (Zhejiang) Co., Ltd. (collectively, Zhejiang Xingyi/ Xingyi Metalworking) and certain nonselected separate rate respondents. DATES: Applicable October 8, 2023. FOR FURTHER INFORMATION CONTACT: Laurel LaCivita, 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) 482–4243. SUPPLEMENTARY INFORMATION: SUMMARY: Background On July 7, 2021, Commerce published its Final Determination in the AD investigation of certain metal lockers and parts thereof from China.1 Commerce calculated an estimated weighted-average dumping margin and cash deposit rate (adjusted for subsidy offsets) of 0.00 percent for Hangzhou Xline Machinery & Equipment Co., Ltd. (Hangzhou Xline).2 Commerce determined a weighted-average dumping margin of 21.25 percent and a cash deposit rate (adjusted for subsidy offsets) of 10.71 percent for Zhejiang Xingyi/Xingyi Metalworking, which it applied to all the separate companies identified below.3 Commerce applied the highest calculated petition margin of 322.25 percent reported in the Initiation Notice, as adverse facts available (AFA), as the AD margin applicable to the China-wide entity.4 Commerce 1 See Certain Metal Lockers and Parts Thereof from the People’s Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, 86 FR 35737 (July 7, 2021) (Final Determination). 2 Id., 86 FR at 35737–38. 3 Id. 4 Id.; see also Certain Metal Lockers and Parts Thereof from the People’s Republic of China: E:\FR\FM\12OCN1.SGM 12OCN1 70645 Federal Register / Vol. 88, No. 196 / Thursday, October 12, 2023 / Notices subsequently published the AD order with respect to certain metal lockers and parts thereof from China.5 List Industries, Inc. (the petitioner) appealed Commerce’s Final Determination. On May 20, 2023, the CIT remanded the Final Determination to Commerce either to reconsider or further explain: (1) the disparate treatment of shipping in the calculation of Ayes Celikhasir VE CT’s (Ayes) financial ratios, where shipping expenses were excluded from the selling, general, and administrative (SG&A) expense ratio, but shipping revenues were included as an offset to SG&A, in view of Commerce’s stated practice of seeking ‘‘consistency in the treatment of both the revenue and expense side of line items on Ayes’ financial statements’’; (2) the inclusion of incentive income as an offset to SG&A for the Final Determination (but not the Preliminary Determination 6) without identifying the corresponding expense category or explaining the reason for the change; (3) the inclusion of rental income as an offset to SG&A in the Final Determination (but not the Preliminary Determination) without explaining the reason for the change; and (4) the treatment of interest income in the calculation of the financial ratios, with a precise description of its calculations, including a demonstration that any interest income excluded from the SG&A ratio is also excluded from profit.7 In its final results of redetermination, issued in August 2023, Commerce provided further explanation for its treatment of shipping revenue, incentive income, interest income, and rental income in the determination of the SG&A expense ratio using Ayes’ audited financial statements.8 In addition, we excluded shipping revenue from the determination of the SG&A ratio, and reduced profit by interest income.9 Consequently, we recalculated the weighted-average dumping margins for both mandatory respondents in the investigation, which resulted in a change from 21.25 percent to 21.38 percent for Zhejiang Xingyi/Xingyi Metalworking, and no change to the 0.00 percent margin calculated for Hangzhou Xline.10 Moreover, as Zhejiang Xingyi/Xingyi Metalworking is the only individually-examined respondent with an above-de minimis margin in the investigation, and the weighted-average dumping margin calculated for Zhejiang Xingyi/Xingyi Metalworking is, thus, the sole basis for the non-selected separate rate margin, we revised the exporter/producer combination rates for the respondents Timken Notice In its decision in Timken,13 as clarified by Diamond Sawblades,14 the U.S. Court of Appeals for the Federal Circuit held that, pursuant to section 516A(c) and (e) of the Tariff Act of 1930, as amended (the Act), Commerce must publish a notice of court decision that is not ‘‘in harmony’’ with a Commerce determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s September 28, 2023, judgment constitutes a final decision of the CIT that is not in harmony with Commerce’s Final Determination. Thus, this notice is published in fulfillment of the publication requirements of Timken. Amended Final Determination Because there is now a final court judgment, Commerce is amending its Final Determination with respect to the companies below, as follows: Estimated weightedaverage dumping margin (percent) Cash deposit rate (adjusted for subsidy offsets) (percent) Exporter Producer Zhejiang Xingyi Metal Products Co., Ltd./Xingyi Metalworking Technology (Zhejiang) Co., Ltd. Geelong Sales (Macao Commercial Offshore) Limited (a.k.a. Geelong Sales (MCO) Limited, Geelong Sales (Macao Commercial) Limited, and Geelong Sales (MC) Limited). Hangzhou Evernew Machinery & Equipment Company Limited. Hangzhou Zhuoxu Trading Co., Ltd ....................... Hangzhou Zhuoxu Trading Co., Ltd ....................... Hangzhou Zhuoxu Trading Co., Ltd ....................... Zhejiang Xingyi Metal Products Co., Ltd./Xingyi Metalworking Technology (Zhejiang) Co., Ltd. Zhongshan Geelong Manufacturing Co. Ltd .......... 21.38 10.84 21.38 10.84 Zhejiang Yinghong Metalworks Co., Ltd ................ 21.38 10.84 Shanghai ASI Building Materials Co., Ltd ............. Luoyang Mingxiu Office Furniture Co., Ltd ............ Luoyang Wandefu Import and Export Trading Co. Ltd. Zhejiang Xingyi Metal Products Co., Ltd ............... Zhejiang Steelrix Office Furniture Co., Ltd ............ 21.38 21.38 21.38 10.84 10.84 10.84 21.38 21.38 10.84 10.84 Kunshan Dongchu Precision Machinery Co., Ltd .. Luoyang Jiudu Golden Cabinet Co., Ltd ............... Luoyang Yuabo Office Machinery Co., Ltd ............ Luoyang Yongwei Office Furniture Co., Ltd .......... Luoyang Zhuofan Steel Product Factory ............... 21.38 21.38 21.38 21.38 21.38 10.84 10.84 10.84 10.84 10.84 Hangzhou Zhuoxu Trading Co., Ltd ....................... Jiaxing Haihong Mechanical and Electrical Technology Co. Ltd. Kunshan Dongchu Precision Machinery Co., Ltd ... Luoyang Hynow Import and Export Co., Ltd .......... Luoyang Shidiu Import and Export Co., Ltd ........... Luoyang Steelart Office Furniture Co., Ltd ............ Luoyang Steelart Office Furniture Co., Ltd ............ ddrumheller on DSK120RN23PROD with NOTICES1 that are eligible for a separate rate in this investigation to reflect the revision to Zhejiang Xingyi/Xingyi Metalworking’s weighted-average dumping margin.11 On September 28, 2023, the CIT sustained Commerce’s final results of redetermination.12 Initiation of Less-Than-Fair-Value Investigation, 85 FR 47343, 47346 (August 5, 2020) (Initiation Notice). 5 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). 6 See Certain Metal Lockers and Parts Thereof from the People’s Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination and Extension of Provisional Measures, 86 FR 9051 VerDate Sep<11>2014 17:34 Oct 11, 2023 Jkt 262001 (February 11, 2021) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 7 See List Industries, Inc. v. United States, Court No. 21–00521, Slip Op. 23–83 (CIT May 30, 2023) (Remand Order). 8 See Final Results of Redetermination Pursuant to Court Remand, List Industries, Inc. v. United States, Court No. 21–00521, Slip Op. 23–83 (CIT May 30, 2023), dated August 23, 2023, available at https://access.trade.gov/resources/remands/2383.pdf. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 9 Id. 10 Id. 11 Id. 12 See List Industries, Inc. v. United States, Court No. 21–00521, Slip Op. 23–143 (CIT September 28, 2023). 13 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 14 See Diamond Sawblades Manufacturers Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). E:\FR\FM\12OCN1.SGM 12OCN1 70646 Federal Register / Vol. 88, No. 196 / Thursday, October 12, 2023 / Notices Exporter Producer Luoyang Steelart Office Furniture Co., Ltd ............ Pinghu Chenda Storage Office Co., Ltd ................. Tianjin Jia Mei Metal Furniture Ltd ......................... Luoyang Flyer Office Furniture Co., Ltd ................ Pinghu Chenda Storage Office Co., Ltd ................ Tianjin Jia Mei Metal Furniture Ltd ........................ Cash Deposit Requirements Commerce will issue revised cash deposit instructions to U.S. Customs and Border Protection. DATES: Dated: October 4, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–22453 Filed 10–11–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–876] Welded Line Pipe From the Republic of Korea: Notice of Court Decision Not in Harmony With the Final Results of the Antidumping Duty Administrative Review; Notice of Amended Final Results Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On July 14, 2023, the U.S. Court of International Trade (CIT) issued its final judgment in NEXTEEL Co., Ltd. et al. v. United States, Slip. Op. 23–103, Consol. Court No. 20–03898 (CIT 2023), sustaining the U.S. Department of Commerce’s (Commerce) second final results of redetermination pertaining to the administrative review of the antidumping duty order on welded line pipe (WLP) from the Republic of Korea (Korea) covering the period of review (POR) December 1, 2017, through November 30, 2018. Commerce is notifying the public that the CIT’s final judgment is not in harmony with Commerce’s Final Results of the administrative review and that Commerce is amending the Final Results with respect to the dumping margins assigned to NEXTEEL Co., Ltd. (NEXTEEL), SeAH Steel Corporation (SeAH), and non-selected respondents Husteel Co., Ltd. (Husteel) and Hyundai Steel Company/Hyundai HYSCO (Hyundai Steel). AGENCY: VerDate Sep<11>2014 17:34 Oct 11, 2023 Jkt 262001 Applicable July 24, 2023. FOR FURTHER INFORMATION CONTACT: Notification to Interested Parties This notice is issued and published in accordance with sections 516A(c) and (e) and 777(i)(1) of the Act. ddrumheller on DSK120RN23PROD with NOTICES1 Estimated weightedaverage dumping margin (percent) Adam Simons, AD/CVD Operations, Office IX, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–6172. SUPPLEMENTARY INFORMATION: Background On November 30, 2020, Commerce published its final results in the 2017– 2018 antidumping duty administrative review of WLP from Korea.1 Commerce calculated weighted-average dumping margins of 15.07 percent for NEXTEEL, 9.33 percent for SeAH, and 11.60 percent for the non-selected respondents.2 Husteel, Hyundai Steel, NEXTEEL, and SeAH appealed Commerce’s Final Results. On April 19, 2022, the CIT remanded the Final Results to Commerce regarding its: (1) particular market situation (PMS) determination and resulting adjustment to the reported cost of production (COP) for WLP for SeAH and for purposes of calculating constructed value (CV) for NEXTEEL; (2) application of the PMS adjustment to SeAH for purposes of the sales-below COP test; (3) adjustment to NEXTEEL’s CV to account for sales of non-prime products; (4) reclassification of NEXTEEL’s reported losses relating to the suspended production of certain product lines; (5) denial of a constructed export price (CEP) offset for SeAH; and (6) calculation of the rate assigned to non-examined companies in light of any adjustments made to the calculations for either of the mandatory respondents stemming from the remand.3 In its First Remand Results, issued on July 18, 2022, Commerce recalculated NEXTEEL and SeAH’s weighted-average dumping margins without making a PMS adjustment.4 In addition, 1 See Welded Line Pipe From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2017–2018, 85 FR 76517 (November 30, 2020) (Final Results), and accompanying Issues and Decision Memorandum. 2 Id. 3 See NEXTEEL Co., Ltd. et al. v. United States, 569 F. Supp. 3d 1354 (CIT 2022). 4 See Final Results of Remand Redetermination Pursuant to Court Remand, NEXTEEL Co., Ltd. et PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 21.38 21.38 21.38 Cash deposit rate (adjusted for subsidy offsets) (percent) 10.84 10.84 10.84 Commerce recalculated NEXTEEL’s weighted-average margin based on the actual costs of prime and non-prime merchandise reported by NEXTEEL. The revised weighted-average dumping margins for NEXTEEL and SeAH were 1.12 percent and zero percent, respectively, and the resulting reviewspecific rate for the non-selected respondents was 1.12. percent.5 The CIT sustained Commerce’s First Remand Results on all issues except for the reclassification of NEXTEEL’s reported losses relating to the suspended production of certain product lines.6 The CIT again remanded the Final Results to Commerce for: (1) clarification on whether NEXTEEL suspended production on the lines in question for all or only part of the POR; and (2) explanation of why NEXTEEL’s costs as reported for those lines would not be ‘‘reasonably reflective of the cost associated with the production and sale of merchandise,’’ if NEXTEEL suspended production for only part of the POR, consistent with section 773(f)(1)(A) of the Tariff Act of 1930, as amended (the Act).7 In its Second Remand Results, issued on March 3, 2023, Commerce provided clarification on the period of suspension for certain of NEXTEEL’s production lines and explanation of why it is appropriate to include the suspension losses as part of NEXTEEL’s general and administrative expenses. Because Commerce made no changes to the calculation of the weighted-average dumping margin for NEXTEEL, the weighted-average dumping margin for NEXTEEL did not change from that presented in the First Remand Results (i.e., 1.12 percent).8 al. v. United States, Consol. Court No. 20–03898, Slip Op. 22–37 (CIT April 19, 2022), dated July 15, 2022 (First Remand Results), available at https:// access.trade.gov/resources/remands/22-37.pdf. 5 Id. at 2. 6 See NEXTEEL Co., Ltd. et al. v. United States, 601 F. Supp. 3d 1373 (CIT 2022). 7 Id. 8 See Final Results of Remand Redetermination Pursuant to Court Remand, NEXTEEL Co., Ltd. et al. v. United States, Consol. Court No. 20–03898, Slip Op. 22–135 (CIT December 6, 2022), dated March 3, 2023 (Second Remand Results), available at https://access.trade.gov/resources/remands/22135.pdf, at 2. E:\FR\FM\12OCN1.SGM 12OCN1

Agencies

[Federal Register Volume 88, Number 196 (Thursday, October 12, 2023)]
[Notices]
[Pages 70644-70646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22453]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-133]


Certain Metal Lockers and Parts Thereof From the People's 
Republic of China: Notice of Court Decision Not in Harmony With the 
Final Determination of Antidumping Duty Investigation; Notice of 
Amended Final Determination

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

SUMMARY: On September 28, 2023, the U.S. Court of International Trade 
(CIT) issued its final judgment in List Industries, Inc. v. United 
States, Court No. 21-00521, Slip Op. 23-143 (CIT September 28, 2023), 
sustaining the U.S. Department of Commerce's (Commerce) first final 
results of redetermination pertaining to the antidumping duty (AD) 
investigation of certain metal lockers and parts thereof from the 
People's Republic of China (China) covering the period of investigation 
January 1, 2020, through June 30, 2020. Commerce is notifying the 
public that the CIT's final judgment is not in harmony with Commerce's 
final determination in that investigation, and that Commerce is 
amending the final determination with respect to the weighted-average 
dumping margins assigned to the mandatory respondent, Zhejiang Xingyi 
Metal Products Co., Ltd./Xingyi Metalworking Technology (Zhejiang) Co., 
Ltd. (collectively, Zhejiang Xingyi/Xingyi Metalworking) and certain 
non-selected separate rate respondents.

DATES: Applicable October 8, 2023.

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita, 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) 482-4243.

SUPPLEMENTARY INFORMATION: 

Background

    On July 7, 2021, Commerce published its Final Determination in the 
AD investigation of certain metal lockers and parts thereof from 
China.\1\ Commerce calculated an estimated weighted-average dumping 
margin and cash deposit rate (adjusted for subsidy offsets) of 0.00 
percent for Hangzhou Xline Machinery & Equipment Co., Ltd. (Hangzhou 
Xline).\2\ Commerce determined a weighted-average dumping margin of 
21.25 percent and a cash deposit rate (adjusted for subsidy offsets) of 
10.71 percent for Zhejiang Xingyi/Xingyi Metalworking, which it applied 
to all the separate companies identified below.\3\ Commerce applied the 
highest calculated petition margin of 322.25 percent reported in the 
Initiation Notice, as adverse facts available (AFA), as the AD margin 
applicable to the China-wide entity.\4\ Commerce

[[Page 70645]]

subsequently published the AD order with respect to certain metal 
lockers and parts thereof from China.\5\
---------------------------------------------------------------------------

    \1\ See Certain Metal Lockers and Parts Thereof from the 
People's Republic of China: Final Affirmative Determination of Sales 
at Less Than Fair Value, 86 FR 35737 (July 7, 2021) (Final 
Determination).
    \2\ Id., 86 FR at 35737-38.
    \3\ Id.
    \4\ Id.; see also Certain Metal Lockers and Parts Thereof from 
the People's Republic of China: Initiation of Less-Than-Fair-Value 
Investigation, 85 FR 47343, 47346 (August 5, 2020) (Initiation 
Notice).
    \5\ 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).
---------------------------------------------------------------------------

    List Industries, Inc. (the petitioner) appealed Commerce's Final 
Determination. On May 20, 2023, the CIT remanded the Final 
Determination to Commerce either to reconsider or further explain: (1) 
the disparate treatment of shipping in the calculation of Ayes 
Celikhasir VE CT's (Ayes) financial ratios, where shipping expenses 
were excluded from the selling, general, and administrative (SG&A) 
expense ratio, but shipping revenues were included as an offset to 
SG&A, in view of Commerce's stated practice of seeking ``consistency in 
the treatment of both the revenue and expense side of line items on 
Ayes' financial statements''; (2) the inclusion of incentive income as 
an offset to SG&A for the Final Determination (but not the Preliminary 
Determination 6) without identifying the corresponding 
expense category or explaining the reason for the change; (3) the 
inclusion of rental income as an offset to SG&A in the Final 
Determination (but not the Preliminary Determination) without 
explaining the reason for the change; and (4) the treatment of interest 
income in the calculation of the financial ratios, with a precise 
description of its calculations, including a demonstration that any 
interest income excluded from the SG&A ratio is also excluded from 
profit.\7\
---------------------------------------------------------------------------

    \6\ See Certain Metal Lockers and Parts Thereof from the 
People's Republic of China: Preliminary Affirmative Determination of 
Sales at Less Than Fair Value, Postponement of Final Determination 
and Extension of Provisional Measures, 86 FR 9051 (February 11, 
2021) (Preliminary Determination), and accompanying Preliminary 
Decision Memorandum.
    \7\ See List Industries, Inc. v. United States, Court No. 21-
00521, Slip Op. 23-83 (CIT May 30, 2023) (Remand Order).
---------------------------------------------------------------------------

    In its final results of redetermination, issued in August 2023, 
Commerce provided further explanation for its treatment of shipping 
revenue, incentive income, interest income, and rental income in the 
determination of the SG&A expense ratio using Ayes' audited financial 
statements.\8\ In addition, we excluded shipping revenue from the 
determination of the SG&A ratio, and reduced profit by interest 
income.\9\ Consequently, we recalculated the weighted-average dumping 
margins for both mandatory respondents in the investigation, which 
resulted in a change from 21.25 percent to 21.38 percent for Zhejiang 
Xingyi/Xingyi Metalworking, and no change to the 0.00 percent margin 
calculated for Hangzhou Xline.\10\ Moreover, as Zhejiang Xingyi/Xingyi 
Metalworking is the only individually-examined respondent with an 
above-de minimis margin in the investigation, and the weighted-average 
dumping margin calculated for Zhejiang Xingyi/Xingyi Metalworking is, 
thus, the sole basis for the non-selected separate rate margin, we 
revised the exporter/producer combination rates for the respondents 
that are eligible for a separate rate in this investigation to reflect 
the revision to Zhejiang Xingyi/Xingyi Metalworking's weighted-average 
dumping margin.\11\
---------------------------------------------------------------------------

    \8\ See Final Results of Redetermination Pursuant to Court 
Remand, List Industries, Inc. v. United States, Court No. 21-00521, 
Slip Op. 23-83 (CIT May 30, 2023), dated August 23, 2023, available 
at https://access.trade.gov/resources/remands/23-83.pdf.
    \9\ Id.
    \10\ Id.
    \11\ Id.
---------------------------------------------------------------------------

    On September 28, 2023, the CIT sustained Commerce's final results 
of redetermination.\12\
---------------------------------------------------------------------------

    \12\ See List Industries, Inc. v. United States, Court No. 21-
00521, Slip Op. 23-143 (CIT September 28, 2023).
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken,\13\ as clarified by Diamond 
Sawblades,\14\ the U.S. Court of Appeals for the Federal Circuit held 
that, pursuant to section 516A(c) and (e) of the Tariff Act of 1930, as 
amended (the Act), Commerce must publish a notice of court decision 
that is not ``in harmony'' with a Commerce determination and must 
suspend liquidation of entries pending a ``conclusive'' court decision. 
The CIT's September 28, 2023, judgment constitutes a final decision of 
the CIT that is not in harmony with Commerce's Final Determination. 
Thus, this notice is published in fulfillment of the publication 
requirements of Timken.
---------------------------------------------------------------------------

    \13\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \14\ See Diamond Sawblades Manufacturers Coalition v. United 
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------

Amended Final Determination

    Because there is now a final court judgment, Commerce is amending 
its Final Determination with respect to the companies below, as 
follows:

----------------------------------------------------------------------------------------------------------------
                                                                                Estimated      Cash deposit rate
                                                                            weighted- average    (adjusted for
                  Exporter                              Producer              dumping margin    subsidy offsets)
                                                                                (percent)          (percent)
----------------------------------------------------------------------------------------------------------------
Zhejiang Xingyi Metal Products Co., Ltd./    Zhejiang Xingyi Metal                      21.38              10.84
 Xingyi Metalworking Technology (Zhejiang)    Products Co., Ltd./Xingyi
 Co., Ltd.                                    Metalworking Technology
                                              (Zhejiang) Co., Ltd.
Geelong Sales (Macao Commercial Offshore)    Zhongshan Geelong                          21.38              10.84
 Limited (a.k.a. Geelong Sales (MCO)          Manufacturing Co. Ltd.
 Limited, Geelong Sales (Macao Commercial)
 Limited, and Geelong Sales (MC) Limited).
Hangzhou Evernew Machinery & Equipment       Zhejiang Yinghong Metalworks               21.38              10.84
 Company Limited.                             Co., Ltd.
Hangzhou Zhuoxu Trading Co., Ltd...........  Shanghai ASI Building                      21.38              10.84
                                              Materials Co., Ltd.
Hangzhou Zhuoxu Trading Co., Ltd...........  Luoyang Mingxiu Office                     21.38              10.84
                                              Furniture Co., Ltd.
Hangzhou Zhuoxu Trading Co., Ltd...........  Luoyang Wandefu Import and                 21.38              10.84
                                              Export Trading Co. Ltd.
Hangzhou Zhuoxu Trading Co., Ltd...........  Zhejiang Xingyi Metal                      21.38              10.84
                                              Products Co., Ltd.
Jiaxing Haihong Mechanical and Electrical    Zhejiang Steelrix Office                   21.38              10.84
 Technology Co. Ltd.                          Furniture Co., Ltd.
Kunshan Dongchu Precision Machinery Co.,     Kunshan Dongchu Precision                  21.38              10.84
 Ltd.                                         Machinery Co., Ltd.
Luoyang Hynow Import and Export Co., Ltd...  Luoyang Jiudu Golden Cabinet               21.38              10.84
                                              Co., Ltd.
Luoyang Shidiu Import and Export Co., Ltd..  Luoyang Yuabo Office                       21.38              10.84
                                              Machinery Co., Ltd.
Luoyang Steelart Office Furniture Co., Ltd.  Luoyang Yongwei Office                     21.38              10.84
                                              Furniture Co., Ltd.
Luoyang Steelart Office Furniture Co., Ltd.  Luoyang Zhuofan Steel Product              21.38              10.84
                                              Factory.

[[Page 70646]]

 
Luoyang Steelart Office Furniture Co., Ltd.  Luoyang Flyer Office                       21.38              10.84
                                              Furniture Co., Ltd.
Pinghu Chenda Storage Office Co., Ltd......  Pinghu Chenda Storage Office               21.38              10.84
                                              Co., Ltd.
Tianjin Jia Mei Metal Furniture Ltd........  Tianjin Jia Mei Metal                      21.38              10.84
                                              Furniture Ltd.
----------------------------------------------------------------------------------------------------------------

Cash Deposit Requirements

    Commerce will issue revised cash deposit instructions to U.S. 
Customs and Border Protection.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(c) and (e) and 777(i)(1) of the Act.

    Dated: October 4, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-22453 Filed 10-11-23; 8:45 am]
BILLING CODE 3510-DS-P
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