Certain Metal Lockers and Parts Thereof From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2021-2022, 9123-9125 [2024-02638]
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Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / Notices
October 1, 2021, through September 30,
2022.
DATES: Applicable February 9, 2024.
FOR FURTHER INFORMATION CONTACT:
Krisha Hill or Luke Caruso, 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) 482–4037 or (202) 482–2081,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 18, 2023, Commerce
published in the Federal Register the
preliminary results of the 2021–2022
administrative review of the
antidumping duty order on electrolytic
manganese dioxide from the People’s
Republic of China (China).1 We invited
interested parties to comment on the
Preliminary Results. No parties
commented on the Preliminary Results.
Accordingly, the Preliminary Results
remain unchanged in the final results of
this review, and no decision
memorandum accompanies this notice.
Scope of the Order 2
The merchandise covered by the
Order includes all manganese dioxide
(MnO2) that has been manufactured in
an electrolysis process, whether in
powder, chip, or plate form. Excluded
from the scope are natural manganese
dioxide (NMD) and chemical manganese
dioxide (CMD). The merchandise
subject to the Order is classified in the
Harmonized Tariff Schedule of the
United States (HTSUS) at subheading
2820.10.00.00. While the HTSUS
subheading is provided for convenience
and customs purposes, the written
description of the scope of the Order is
dispositive.
ddrumheller on DSK120RN23PROD with NOTICES1
Final Results of Review
Consistent with the Preliminary
Results, we continue to determine that
the sole respondent under review, DCL,
did not establish its eligibility for a
separate rate and is part of the Chinawide entity.
Disclosure
Because Commerce received no
comments on the Preliminary Results,
we have not modified our analysis and
no decision memorandum accompanies
1 See Electrolytic Manganese Dioxide from the
People’s Republic of China: Preliminary Results of
Antidumping Duty Administrative Review; 2021–
2022, 88 FR 71824 (October 18, 2023) (Preliminary
Results).
2 See Antidumping Duty Order: Electrolytic
Manganese Dioxide from the People’s Republic of
China, 73 FR 58537 (October 7, 2008) (Order).
VerDate Sep<11>2014
17:20 Feb 08, 2024
Jkt 262001
this Federal Register notice. We are
adopting the Preliminary Results as the
final results of this review.
Consequently, there are no calculations
to disclose in accordance with 19 CFR
351.224(b) for these final results.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b), Commerce
has determined, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries of subject merchandise in
accordance with the final results of this
review. No earlier than 35 days after the
date of publication of this notice in the
Federal Register, Commerce intends to
instruct CBP to liquidate any entries of
subject merchandise from DCL that
entered the United States during the
POR at the China-wide rate (i.e., 149.92
percent). 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
The following cash deposit
requirements will be effective upon
publication of this notice in the Federal
Register for all shipments of subject
merchandise from China entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of this notice, as provided by
section 751(a)(2)(C) of the Act: (1) for
any previously investigated or reviewed
Chinese or non-Chinese exporter that
has a separate rate, the cash deposit rate
will continue to be the exporter’s
existing cash deposit rate; (2) for all
Chinese exporters of subject
merchandise that do not have a separate
rate, including DCL, the cash deposit
rate will be equal to the dumping
margin assigned to the China-wide
entity, which is 149.92 percent; 3 and (3)
for all non-Chinese exporters of subject
merchandise that do not have a separate
rate, the cash deposit rate will be equal
to the dumping margin applicable to the
Chinese exporter(s) that supplied that
non-Chinese exporter. These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice 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
3 See
PO 00000
Preliminary Results, 88 FR at 71825.
Frm 00011
Fmt 4703
Sfmt 4703
9123
liquidation of the relevant entries
during this POR. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Administrative Protective Order
This notice also serves as the only
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3).
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 subject to sanction.
Notification to Interested Parties
We are issuing and publishing the
final results of this review in accordance
with sections 751(a)(1) and 777(i) of the
Act, and 19 CFR 351.213(h) and
351.221(b)(5).
Dated: February 2, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2024–02708 Filed 2–8–24; 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: Final Results of Antidumping
Duty Administrative Review; 2021–
2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) finds that
Zhejiang Xingyi Metal Products Co.,
Ltd. (ZXM)/Xingyi Metalworking
Technology (Zhejiang) Co., Ltd. (XMT)
(collectively, ZXM/XMT) and Hangzhou
Evernew Machinery & Equipment
Company Limited/Zhejiang Yinghong
Metalworks Co., Ltd. (Hangzhou
Evernew) 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.
DATES: Applicable February 9, 2024.
AGENCY:
E:\FR\FM\09FEN1.SGM
09FEN1
9124
Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / Notices
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:
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding the Preliminary
Results, we made certain changes to the
margin calculations for Hangzhou
Evernew and ZXM/XMT.5
Background
On September 8, 2023, Commerce
published the Preliminary Results in the
Federal Register.1 On December 19,
2023, Commerce extended the deadline
of the final results of this administrative
review to February 6, 2024 in
accordance with section 751(a)(3)(A) of
the Tariff Act of 1930, as amended (the
Act), and 19 CFR 351.213(h)(2).2 For a
complete description of the events that
followed the Preliminary Results, see
the Issues and Decision Memorandum.3
Commerce conducted this review in
accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).
ddrumheller on DSK120RN23PROD with NOTICES1
Rate for Non-Examined Separate Rate
Respondents
In the Preliminary Results, we
determined that three non-individually
examined companies are eligible for
separate rates in this administrative
review.6 We did not receive any
comments or argument since the
issuance of the Preliminary Results that
provide a basis for reconsideration of
this determination. Therefore, for these
final results, we continue to find that
Kunshan Dongchu Precision Machinery
Co., Ltd., Tianjin Jia Mei Metal
Furniture Ltd., and Zhejiang Focus-On
Import & Export Co., Ltd. qualify for a
separate rate in this review.
Scope of the Order 4
The Act and Commerce’s regulations
The products covered by the Order
do not address the establishment of a
are metal lockers from China. For a
separate rate to be applied to companies
complete description of the Order, see
not selected for individual examination
the Issues and Decision Memorandum.
when Commerce limits its examination
in an administrative review pursuant to
Analysis of Comments Received
section 777A(c)(2) of the Act. Generally,
All issues raised in the case and
Commerce looks to section 735(c)(5) of
rebuttal briefs are addressed in the
the Act, which provides instructions for
Issues and Decision Memorandum. A
calculating the all-others rate in an
list of the issues that parties raised and
investigation, for guidance when
to which we responded in the Issues
calculating the rate for separate-rate
and Decision Memorandum is attached
respondents which Commerce did not
as the appendix to this notice. The
examine individually in an
Issues and Decision Memorandum is a
administrative review. Section
public document and is on file
735(c)(5)(A) of the Act states that the allelectronically via Enforcement and
others rate should be calculated by
Compliance’s Antidumping and
averaging the weighted-average
Countervailing Duty Centralized
dumping margins calculated for
Electronic Service System (ACCESS).
individually-examined respondents,
ACCESS is available to registered users
excluding dumping margins that are
at https://access.trade.gov. In addition, a zero, de minimis, or based entirely on
complete version of the Issues and
facts available. Accordingly, for the final
results of this review, we are assigning
1 See Certain Metal Lockers and Parts Thereof
to the non-selected separate rate
from the People’s Republic of China: Preliminary
Results and Partial Rescission of Antidumping Duty respondents an estimated weightedaverage dumping margin based on the
Administrative Review, 88 FR 62061 (September 8,
2023) (Preliminary Results), and accompanying
average of Hangzhou Evernew and
Preliminary Decision Memorandum (PDM).
ZXM/XMT weighted-average dumping
2 See Memorandum, ‘‘Extension of Deadline for
margins weighted by their publicly
Final Results of Antidumping Duty Administrative
available ranged U.S. sales values.
Review,’’ dated December 19, 2023.
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Administrative Review of the Antidumping Duty
Order on Certain Metal Lockers and Parts Thereof
from the People’s Republic of China; 2021–2022,’’
dated concurrently with this notice (Issues and
Decision Memorandum).
4 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).
VerDate Sep<11>2014
17:20 Feb 08, 2024
Jkt 262001
Final Results of Review
Commerce determines that the
following estimated weighted-average
dumping margins exist for the period
5 For a full description of these changes, see the
Issues and Decision Memorandum.
6 See Preliminary Results PDM at the ‘‘Separate
Rate Determination’’ section for further details.
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
February 11, 2021, through July 31,
2022:
Exporter
Zhejiang Xingyi Metal Products
Co., Ltd./Xingyi Metalworking
Technology (Zhejiang) Co.,
Ltd ...........................................
Hangzhou Evernew Machinery &
Equipment Company Limited/
Zhejiang Yinghong Metalworks
Co., Ltd.7 .................................
Kunshan Dongchu Precision Machinery Co., Ltd .......................
Tianjin Jia Mei Metal Furniture
Ltd ...........................................
Zhejiang Focus-On Import & Export Co., Ltd ............................
Weightedaverage
dumping
margin
(percent)
59.52
190.01
75.08
75.08
75.08
Disclosure
Commerce intends to disclose the
calculations performed in connection
with these final results to interested
parties within five days of the date of
publication of this notice, in accordance
with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b), Commerce
determined, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries of subject merchandise in
accordance with the final results of this
review. Pursuant to 19 CFR
351.212(b)(1), where ZXM/XMT and
Hangzhou Evernew reported the entered
values of their U.S. sales, we calculated
importer-specific antidumping duty
assessment rates by aggregating the total
amount of dumping calculated for the
examined sales of each importer and
dividing each of these amounts by the
total entered value associated with those
sales. Where ZXM/XMT and Hangzhou
Evernew did not report entered value,
we calculated a per-unit assessment rate
for each importer by dividing the total
amount of dumping calculated for the
examined sales made to that importer by
the total quantity associated with those
sales. To determine whether an
7 We preliminarily found 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 the
Preliminary Results. See Preliminary Results PDM
at the ‘‘Single Entity Analysis’’ section for further
discussion of the preliminary collapsing
determination. We received no comments from
interested parties on this preliminary
determination; thus, we continue to find these
companies should be treated as a single entity for
purposes of these final results.
E:\FR\FM\09FEN1.SGM
09FEN1
Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / Notices
importer-specific, per-unit assessment
rate is de minimis, in accordance with
19 CFR 351.106(c)(2), we also calculated
an importer-specific ad valorem ratio
based on estimated entered values.
Where either a respondent’s weightedaverage dumping margin is zero or de
minimis within the meaning of 19 CFR
351.106(c)(1), or an importer-specific
assessment rate is zero or de minimis,
we will instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties. Pursuant to a
refinement in our non-market economy
practice, for sales that were not reported
in the U.S. sales data submitted by
ZXM/XMT and Hangzhou Evernew
during this review, we will instruct CBP
to liquidate entries associated with
those sales at the rate for the China-wide
entity.8
For the respondents which were not
selected for individual examination in
this administrative review, and which
qualified for a separate rate, the
assessment rate will be equal to the
weighted-average dumping margin
assigned to them for the final results.
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of these final results. 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).
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 rates for the companies
identified above in the ‘‘Final Results of
Review’’ section will be equal to the
company-specific weighted-average
dumping margin established in the final
results of this administrative 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
8 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65695 (October 24, 2011) for a full
discussion of this practice.
VerDate Sep<11>2014
23:46 Feb 08, 2024
Jkt 262001
merchandise that do not have a separate
rate, the cash deposit rate will be the
cash deposit rate established for the
China-wide entity, i.e., 322.25 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.
As discussed in the Preliminary
Results, we preliminarily determined
that the record no longer supports a
finding that ZXM should be collapsed
with XMT subsequent to January 13,
2022, as ZXM ceased involvement with
the production and/or exportation of
subject merchandise prior to the POR,
was acquired by an unrelated thirdparty a month prior, and all indicia of
affiliation and/or control between the
two companies ceased as of that date.10
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. This finding has
not changed for the final results as no
new evidence to the contrary has been
timely placed on the record. Therefore,
because XMT remains the only
component of the former ZXM/XMT
entity involved in the exportation of
subject merchandise in the final results,
we will assign the cash deposit rate only
to XMT as the exporter, and instruct
CBP to discontinue the ZXM/XMT
combination rate.
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 and/or countervailing
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 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.
9 See 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, 88 FR
70644 (October 12, 2023).
10 See Preliminary Results, 88 FR at 62063.
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
9125
Administrative Protective Order
This notice also serves as the final
reminder to parties subject to an
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 this
notice in accordance with sections
751(a)(l) and 777(i)(l) of the Act, 19 CFR
351.221(b)(5) and 19 CFR 351.213(h)(1).
Dated: February 2, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes From the Preliminary Results
V. Discussion of the Issues
Comment 1: Surrogate Country Selection
Comment 2: Selection of Surrogate Value
(SV) for ZXM/XMT’s Pickling Board
Inputs
Comment 3: Selection of SV for Hangzhou
Evernew’s Cold-Rolled Steel Inputs
Comment 4: Application of Adverse Facts
Available (AFA) in Selecting the SV for
Hangzhou Evernew’s Ocean Freight
Expenses
Comment 5: Deduction of Section 301
Duties From U.S. Price
Comment 6: Issuance of Importer-Specific
Liquidation Instructions
Comment 7: Ministerial Error—Export
Subsidy Adjustment for Hangzhou
Evernew and ZXM/XMT
VI. Recommendation
[FR Doc. 2024–02638 Filed 2–8–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Solicitations of Outside
Advisors Information Collection
Request (ICR)
National Institute of Standards
and Technology (NIST), Commerce.
AGENCY:
E:\FR\FM\09FEN1.SGM
09FEN1
]]>Agencies
[Federal Register Volume 89, Number 28 (Friday, February 9, 2024)]
[Notices]
[Pages 9123-9125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02638]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-133]
Certain Metal Lockers and Parts Thereof From the People's
Republic of China: Final Results 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) finds that Zhejiang
Xingyi Metal Products Co., Ltd. (ZXM)/Xingyi Metalworking Technology
(Zhejiang) Co., Ltd. (XMT) (collectively, ZXM/XMT) and Hangzhou Evernew
Machinery & Equipment Company Limited/Zhejiang Yinghong Metalworks Co.,
Ltd. (Hangzhou Evernew) 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.
DATES: Applicable February 9, 2024.
[[Page 9124]]
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 September 8, 2023, Commerce published the Preliminary Results in
the Federal Register.\1\ On December 19, 2023, Commerce extended the
deadline of the final results of this administrative review to February
6, 2024 in accordance with section 751(a)(3)(A) of the Tariff Act of
1930, as amended (the Act), and 19 CFR 351.213(h)(2).\2\ For a complete
description of the events that followed the Preliminary Results, see
the Issues and Decision Memorandum.\3\ Commerce conducted this review
in accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act).
---------------------------------------------------------------------------
\1\ See Certain Metal Lockers and Parts Thereof from the
People's Republic of China: Preliminary Results and Partial
Rescission of Antidumping Duty Administrative Review, 88 FR 62061
(September 8, 2023) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated December 19, 2023.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Order on Certain Metal Lockers and Parts Thereof from the People's
Republic of China; 2021-2022,'' dated concurrently with this notice
(Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order 4
---------------------------------------------------------------------------
\4\ 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).
---------------------------------------------------------------------------
The products covered by the Order are metal lockers from China. For
a complete description of the Order, see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum. A list of the issues that parties
raised and to which we responded in the Issues and Decision Memorandum
is attached as the appendix to this notice. The Issues and Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding the Preliminary Results, we made certain
changes to the margin calculations for Hangzhou Evernew and ZXM/XMT.\5\
---------------------------------------------------------------------------
\5\ For a full description of these changes, see the Issues and
Decision Memorandum.
---------------------------------------------------------------------------
Rate for Non-Examined Separate Rate Respondents
In the Preliminary Results, we determined that three non-
individually examined companies are eligible for separate rates in this
administrative review.\6\ We did not receive any comments or argument
since the issuance of the Preliminary Results that provide a basis for
reconsideration of this determination. Therefore, for these final
results, we continue to find that Kunshan Dongchu Precision Machinery
Co., Ltd., Tianjin Jia Mei Metal Furniture Ltd., and Zhejiang Focus-On
Import & Export Co., Ltd. qualify for a separate rate in this review.
---------------------------------------------------------------------------
\6\ See Preliminary Results PDM at the ``Separate Rate
Determination'' section for further details.
---------------------------------------------------------------------------
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. Accordingly, for the final results of this review,
we are assigning to the non-selected separate rate respondents an
estimated weighted-average dumping margin based on the average of
Hangzhou Evernew and ZXM/XMT weighted-average dumping margins weighted
by their publicly available ranged U.S. sales values.
Final Results of Review
Commerce determines 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./Xingyi Metalworking 59.52
Technology (Zhejiang) Co., Ltd.............................
Hangzhou Evernew Machinery & Equipment Company Limited/ 190.01
Zhejiang Yinghong Metalworks Co., Ltd.\7\..................
Kunshan Dongchu Precision Machinery Co., Ltd................ 75.08
Tianjin Jia Mei Metal Furniture Ltd......................... 75.08
Zhejiang Focus-On Import & Export Co., Ltd.................. 75.08
------------------------------------------------------------------------
Disclosure
---------------------------------------------------------------------------
\7\ We preliminarily found 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 the Preliminary Results. See
Preliminary Results PDM at the ``Single Entity Analysis'' section
for further discussion of the preliminary collapsing determination.
We received no comments from interested parties on this preliminary
determination; thus, we continue to find these companies should be
treated as a single entity for purposes of these final results.
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Commerce intends to disclose the calculations performed in
connection with these final results to interested parties within five
days of the date of publication of this notice, in accordance with 19
CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce determined, and U.S. Customs and Border Protection (CBP) shall
assess, antidumping duties on all appropriate entries of subject
merchandise in accordance with the final results of this review.
Pursuant to 19 CFR 351.212(b)(1), where ZXM/XMT and Hangzhou Evernew
reported the entered values of their U.S. sales, we calculated
importer-specific antidumping duty assessment rates by aggregating the
total amount of dumping calculated for the examined sales of each
importer and dividing each of these amounts by the total entered value
associated with those sales. Where ZXM/XMT and Hangzhou Evernew did not
report entered value, we calculated a per-unit assessment rate for each
importer by dividing the total amount of dumping calculated for the
examined sales made to that importer by the total quantity associated
with those sales. To determine whether an
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importer-specific, per-unit assessment rate is de minimis, in
accordance with 19 CFR 351.106(c)(2), we also calculated an importer-
specific ad valorem ratio based on estimated entered values. Where
either a respondent's weighted-average dumping margin is zero or de
minimis within the meaning of 19 CFR 351.106(c)(1), or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
Pursuant to a refinement in our non-market economy practice, for sales
that were not reported in the U.S. sales data submitted by ZXM/XMT and
Hangzhou Evernew during this review, we will instruct CBP to liquidate
entries associated with those sales at the rate for the China-wide
entity.\8\
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\8\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65695 (October 24, 2011) for a
full discussion of this practice.
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For the respondents which were not selected for individual
examination in this administrative review, and which qualified for a
separate rate, the assessment rate will be equal to the weighted-
average dumping margin assigned to them for the final results.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of these final results. 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
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 rates for the companies identified above in the ``Final
Results of Review'' section will be equal to the company-specific
weighted-average dumping margin established in the final results of
this administrative 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, i.e., 322.25 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 non-Chinese
exporter. These deposit requirements, when imposed, shall remain in
effect until further notice.
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\9\ See 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, 88 FR 70644 (October 12,
2023).
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As discussed in the Preliminary Results, we preliminarily
determined that the record no longer supports a finding that ZXM should
be collapsed with XMT subsequent to January 13, 2022, as ZXM ceased
involvement with the production and/or exportation of subject
merchandise prior to the POR, was acquired by an unrelated third-party
a month prior, and all indicia of affiliation and/or control between
the two companies ceased as of that date.\10\ 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. This finding has not changed for the final results as no
new evidence to the contrary has been timely placed on the record.
Therefore, because XMT remains the only component of the former ZXM/XMT
entity involved in the exportation of subject merchandise in the final
results, we will assign the cash deposit rate only to XMT as the
exporter, and instruct CBP to discontinue the ZXM/XMT combination rate.
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\10\ See Preliminary Results, 88 FR at 62063.
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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 and/or countervailing 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 antidumping and/or countervailing duties occurred
and the subsequent assessment of double antidumping duties and/or an
increase in the amount of antidumping duties by the amount of the
countervailing duties.
Administrative Protective Order
This notice also serves as the final reminder to parties subject to
an 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 this notice in accordance with
sections 751(a)(l) and 777(i)(l) of the Act, 19 CFR 351.221(b)(5) and
19 CFR 351.213(h)(1).
Dated: February 2, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes From the Preliminary Results
V. Discussion of the Issues
Comment 1: Surrogate Country Selection
Comment 2: Selection of Surrogate Value (SV) for ZXM/XMT's
Pickling Board Inputs
Comment 3: Selection of SV for Hangzhou Evernew's Cold-Rolled
Steel Inputs
Comment 4: Application of Adverse Facts Available (AFA) in
Selecting the SV for Hangzhou Evernew's Ocean Freight Expenses
Comment 5: Deduction of Section 301 Duties From U.S. Price
Comment 6: Issuance of Importer-Specific Liquidation
Instructions
Comment 7: Ministerial Error--Export Subsidy Adjustment for
Hangzhou Evernew and ZXM/XMT
VI. Recommendation
[FR Doc. 2024-02638 Filed 2-8-24; 8:45 am]
BILLING CODE 3510-DS-P
