Certain Metal Lockers and Parts Thereof From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2020-2021, 11251-11253 [2024-03074]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 89, Number 31 (Wednesday, February 14, 2024)]
[Notices]
[Pages 11251-11253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03074]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-134]


Certain Metal Lockers and Parts Thereof From the People's 
Republic of China: Final Results of Countervailing Duty Administrative 
Review; 2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
countervailable subsidies were provided to producers and exporters of 
certain metal lockers and parts thereof (metal lockers) from the 
People's Republic of China (China). The period of review (POR) is 
December 14, 2020, through December 31, 2021.

DATES: Applicable February 14, 2024.

FOR FURTHER INFORMATION CONTACT: Alex Cipolla, 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) 482-4956.

SUPPLEMENTARY INFORMATION:

Background

    On September 7, 2023, Commerce published the Preliminary 
Results.\1\ For

[[Page 11252]]

a complete description of the events that occurred subsequent to the 
Preliminary Results, see the Issues and Decision Memorandum.\2\ On 
December 18, 2023, in accordance with section 751(a)(3)(A) of the 
Tariff Act of 1930, as amended (the Act), Commerce extended the 
deadline for issuing the final results until February 6, 2024.\3\
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    \1\ See Certain Metal Lockers and Parts Thereof from the 
People's Republic of China: Preliminary Results and Partial 
Rescission of the Countervailing Duty Administrative Review; 2020-
2021, 88 FR 61514 (September 7, 2023) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of Countervailing Duty Administrative Review: Certain 
Metal Lockers and Parts Thereof from the People's Republic of China; 
2020-2021,'' dated concurrently with, and hereby adopted by, this 
notice.
    \3\ See Memorandum, ``Extension of Deadline for Final Results of 
Countervailing Duty Administrative Review,'' dated December 18, 
2023.
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Scope of the Order 4
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    \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).
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    The merchandise subject to the Order are metal lockers from China. 
A full description of the scope of the Order is contained in the Issues 
and Decision Memorandum.

Analysis of Comments Received

    All issues raised by interested parties in case and rebuttal briefs 
are addressed in the Issues and Decision Memorandum. A list of the 
issues addressed in the Issues and Decision Memorandum is provided in 
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 our review of the record and comments received from 
interested parties regarding our Preliminary Results, we made certain 
changes to the countervailable subsidy rate calculations for mandatory 
respondents Xingyi Metalworking (Zhejiang) Co., Ltd. (Xingyi 
Metalworking) and Zhejiang Xingyi Metal Products Co., Ltd. (Zhejiang 
Xingyi). As a result of these changes, the final rates for the two 
companies under review which were not selected for individual 
examination also changed.\5\ These changes are explained in the Issues 
and Decision Memorandum.
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    \5\ The two companies not selected for individual examination 
are: Hangzhou Evernew Machinery & Equipment Company Limited, and 
Hangzhou Xline Machinery & Equipment Co. Ltd.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(A) of the Act. For each of the subsidy programs found 
countervailable, we find that there is a subsidy, i.e., a government-
provided financial contribution that gives rise to a benefit to the 
recipient, and that the subsidy is specific.\6\ The Issues and Decision 
Memorandum contains a full description of the methodology underlying 
Commerce's conclusions, including any determination that relied upon 
the use of adverse facts available pursuant to sections 776(a) and (b) 
of the Act.
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    \6\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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Companies Not Selected for Individual Examination

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
individual examination when Commerce limits its examination in an 
administrative review pursuant to section 777A(e)(2) of the Act. 
Generally, Commerce looks to section 705(c)(5) of the Act, which 
provides instructions for determining the all-others rate in an 
investigation, for guidance when calculating the rate for companies 
which were not selected for individual examination in an administrative 
review. Under section 705(c)(5)(A) of the Act, the all-others rate is 
normally an amount equal to the weighted average of the countervailable 
subsidy rates established for exporters and producers individually 
investigated, excluding any zero or de minimis countervailable subsidy 
rates, and any rates determined entirely on the basis of facts 
available.
    As stated above, there are two companies for which a review was 
requested and not rescinded, and which were not selected as mandatory 
respondents or found to be cross-owned with the mandatory respondents. 
Because the rate calculated for the mandatory respondents in this 
review, Xingyi Metalworking and Zhejiang Xingyi, is above de minimis 
and not based entirely on facts available, we are applying Xingyi 
Metalworking and Zhejiang Xingyi's subsidy rate to these non-selected 
companies. This methodology used to establish the rate for the non- 
selected companies is consistent with our practice regarding the 
calculation of the all-others rate, pursuant to section 705(c)(5)(A)(i) 
of the Act.
    This is the same methodology Commerce applied in the Preliminary 
Results for determining a rate for companies not selected for 
individual examination. However, due to changes in the calculations for 
Xingyi Metalworking and Zhejiang Xingyi, we revised the non-selected 
rate accordingly. Consequently, for the two companies not selected for 
individual examination and for which the review was not rescinded, we 
are applying an ad valorem subsidy rate of 16.61 percent for 2020 and 
22.72 percent for 2021.

Final Results of Review

    We determine the following net countervailable subsidy rates exist 
for the period December 14, 2020, through December 31, 2021:

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                                                                            2020 subsidy rate  2021 subsidy rate
                             Producer/exporter                                  (percent)          (percent)
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Xingyi Metalworking Technology (Zhejiang) Co., Ltd.; Zhejiang Xingyi Metal              16.61              22.72
 Products Co., Ltd........................................................
Hangzhou Evernew Machinery & Equipment Company Limited....................              16.61              22.72
Hangzhou Xline Machinery & Equipment Co. Ltd..............................              16.61              22.72
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Disclosure

    Commerce intends to disclose its calculations and analysis 
performed for these final results to interested parties within five 
days of this notice in the Federal Register in accordance with 19 CFR 
351.224(b).

Assessment Requirements

    In accordance with section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(2), Commerce has

[[Page 11253]]

determined, and U.S. Customs and Border Protection (CBP) shall assess, 
countervailing duties on all appropriate entries covered by this 
review, for the above-listed companies at the applicable ad valorem 
assessment rates listed for the corresponding time periods (i.e., 
December 14, 2020, to December 31, 2020, and January 1, 2021, to 
December 31, 2021). Commerce intends to issue assessment instructions 
to CBP no earlier than 35 days after publication of the final results 
of this review in the Federal Register. If a timely summons is filed at 
the U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).

Cash Deposit Requirements

    In accordance with section 751(a)(1) of the Act, Commerce also 
intends to instruct CBP to collect cash deposits of estimated 
countervailing duties in the amounts calculated for the year 2021 for 
the above-listed companies with regard to shipments of subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the date of publication of these final results of review. For all 
non-reviewed firms, we will instruct CBP to continue to collect cash 
deposits of estimated countervailing duties at the all-others rate or 
the most recent company-specific rate applicable to the company, as 
appropriate. These cash deposit requirements, effective upon 
publication of these final results, shall remain in effect until 
further notice.

Administrative Protective Order

    This notice also serves as a 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), 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 sanctionable violation.

Notification to Interested Parties

    These final results are issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).

    Dated: February 6, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the 
Non-exclusive Functions and Duties of the 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. Non-Selected Companies Under Review
V. Subsidies Valuation
VI. Use of Facts Otherwise Available and Application of Adverse 
Inferences
VII. Analysis of Programs
VIII. Discussion of the Issues
    Comment 1: Valuation of Respondents' Inland Freight Expenses
    Comment 2: Export Buyer's Credit Program
    Comment 3: Whether Commerce Should Modify Less Than Adequate 
Remuneration (LTAR) Benchmarks
IX. Recommendation

[FR Doc. 2024-03074 Filed 2-13-24; 8:45 am]
BILLING CODE 3510-DS-P