Steel Racks and Parts Thereof From the People's Republic of China: Final Results of the Expedited Sunset Review of the Countervailing Duty Order, 96945-96946 [2024-28506]

Download as PDF lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 89, No. 235 / Friday, December 6, 2024 / Notices subassemblies thereof, whether finished or unfinished and whether assembled or unassembled, with or without tires, wheels, seats, steering columns and steering wheels, canopies, roofs, or batteries. LSPTVs meeting this description are generally open-air vehicles with a minimum of four wheels, a steering wheel, a traditional side-by-side or in-line row seating arrangement (i.e., nonstraddle), foot operated accelerator and brake pedals, and a gross vehicle weight of no greater than 5,500 pounds. The main power source for subject LSPTVs is either an electric motor and battery (including but not limited to lithium-ion batteries, lithium phosphate batteries, lead acid batteries, and absorbed glass mat batteries) or a gaspowered internal combustion engine. Subject LSPTVs may be described as golf carts, golf cars, low speed vehicles, personal transportation vehicles, or light utility vehicles. LSPTVs subject to this investigation typically have a maximum top nameplate speed of no greater than 25 miles per hour as required by federal, state, and local laws and regulations. Subject LSPTVs with a maximum top nameplate speed greater than 20 miles per hour normally must comply with the U.S. Department of Transportation’s Federal Motor Vehicle Safety Standards for Low-Speed Vehicles set forth in 49 CFR 571.500. LSPTVs that otherwise meet the physical description of this scope but are not certified under 49 CFR 571.500 and are not certified under other sections of subpart B of the Federal Motor Vehicle Safety Standards (49 CFR part 571), are not excluded from this investigation. LSPTVs that are certified under both 49 CFR 571.500 and other sections of subpart B of the Federal Motor Vehicle Safety Standards remain subject to the scope of this investigation. Subject LSPTVs that have a maximum top nameplate speed of less than 25 miles per hour may be certified to the SAE International (SAE) standards SAE J2258 and SAE J2358. LSPTVs that have a maximum top nameplate speed of less than 20 miles per hour may also be certified to the Outdoor Power Equipment Institute (OPEI) standards OPEI Z130.1 and OPEI Z135. An unfinished and/or unassembled LSPTV subject to this investigation covers at a minimum a subassembly, also known as a ‘‘rolling chassis,’’ which is typically comprised of, but not limited to, a frame or body with front and/or rear suspension components (such as arms, springs, axles, spindles, and shafts) installed and powertrain components (including either an electric motor or a gas-powered internal combustion engine) installed or ready for installation. When imported together with a rolling chassis subject to this investigation, other LSPTV components, such as batteries, bumpers, wheel and tire assemblies, cowlings, fenders, grills, kick plates, steering column and steering wheel assemblies, dash assembly, seat assemblies, pedal assemblies, brake assemblies, canopy or roof assemblies, temporary rain enclosures, windshields, mirrors, headlights, taillights, lighting systems, or storage—whether assembled or unassembled, whether as part of a kit or not, and whether or not accompanied by VerDate Sep<11>2014 18:02 Dec 05, 2024 Jkt 265001 additional components—constitute part of an unfinished and/or unassembled LSPTV that is subject to this investigation. The inclusion of other products, components, or assemblies not described here does not remove the product from the scope. Subject LSPTVs and subassemblies are covered by the scope of this investigation whether or not they are accompanied by other parts. This investigation covers all LSPTVs and subassemblies meeting the physical description of the scope, regardless of overall length, width, or height. Individual components that do not comprise a subject LSPTV or subassembly that are entered and sold by themselves are not subject to the investigation, but components entered with a LSPTV or subassembly, whether finished or unfinished and whether assembled or unassembled, are subject merchandise. LSPTVs and subassemblies subject to this investigation include those that are produced in the subject country whether assembled with other components in the subject country or in a third country. Processing or completion of finished and unfinished LSPTVs and subassemblies either in the subject country or in a third country does not remove the product from the scope. Specifically excluded from the scope of this investigation are all-terrain vehicles (which typically have straddle seating and are steered by handlebars), multipurpose offhighway utility vehicles (which typically have a maximum top nameplate speed of greater than 25 miles per hour), and recreational off-highway vehicles (which typically have a maximum top nameplate speed of greater than 30 miles per hour). Also excluded from the scope are go-karts, electric scooters, golf trolleys, and mobility aids (which include power wheelchairs and scooters which are used for the express purpose of enabling mobility for a person). The LSPTVs subject to the investigation are typically classified in the Harmonized Tariff Schedule of the United States (HTSUS) at subheading 8703.10.5030. LSPTVs subject to the investigation may also enter under HTSUS subheading 8703.10.5060 and 8703.90.0100. The LSPTV subassemblies that are subject to the investigation typically enter under HTSUS subheadings 8706.00.1540 and 8707.10.0040. The HTSUS subheadings are provided for convenience and customs purposes only, and the written description of the merchandise subject to the investigation is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Alignment IV. Injury Test V. Preliminary Affirmative Determination of Critical Circumstances VI. Analysis of China’s Financial System VII. Diversification of China’s Economy VIII. Use of Facts Available and Adverse Inferences IX. Subsidies Valuation X. Benchmarks and Interest Rates XI. Analysis of Programs PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 96945 XII. Recommendation [FR Doc. 2024–28697 Filed 12–5–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–089] Steel Racks and Parts Thereof From the People’s Republic of China: Final Results of the Expedited Sunset Review of the Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) finds that revocation of the countervailing duty (CVD) order on steel racks and parts thereof (steel racks) from the People’s Republic of China (China) would be likely to lead to continuation or recurrence of countervailable subsidies at the levels indicated in the ‘‘Final Results of the Sunset Review’’ section of this notice. DATES: Applicable December 6, 2024. FOR FURTHER INFORMATION CONTACT: Stephanie Trejo, 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) 482–4390. SUPPLEMENTARY INFORMATION: AGENCY: Background On September 16, 2019, Commerce published the Order on steels racks from China.1 On August 1, 2024, Commerce published the notice of initiation of the first sunset review of the Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.218(c).2 On August 16, 2024, Commerce received a notice of intent to participate in this review from the Coalition for Fair Rack Imports (CFRI), the domestic interested party, within the 15-day deadline specified in 19 CFR 351.218(d)(1)(i).3 CFRI claimed interested party status within the meaning of section 771(9)(E) of the Act 1 See Certain Steel Racks and Parts Thereof From the People’s Republic of China: Amended Final Affirmative Antidumping Duty Determination and Antidumping Duty Order; and Countervailing Duty Order, 84 FR 48584 (September 16, 2019) (Order). 2 See Initiation of Five-Year (Sunset) Reviews, 89 FR 62717 (August 1, 2024). 3 See CFRI’s Letter, ‘‘Notice of Intent to Participate in the First Five-Year Review of the Countervailing Duty Order on Certain Steel Racks and Parts Thereof from the People’s Republic of China,’’ dated August 16, 2024. E:\FR\FM\06DEN1.SGM 06DEN1 96946 Federal Register / Vol. 89, No. 235 / Friday, December 6, 2024 / Notices and 19 CFR 351.102(b)(17) as a trade or business association a majority of whose members manufacture, produce, or wholesale a domestic like product in the United States.4 On September 3, 2024, Commerce received an adequate substantive response from CFRI, within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).5 Commerce did not receive a substantive response from either the Government of China or any respondent interested party to this proceeding. On September 24, 2024, Commerce notified the U.S. International Trade Commission that it did not receive an adequate substantive response from any respondent interested parties.6 As a result, Commerce conducted an expedited (120-day) sunset review of the Order, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(B)(2) and (C)(2). Scope of the Order The merchandise covered by this Order is steel racks. For a complete description of the scope of the Order, see the Issues and Decision Memorandum.7 Analysis of Comments Received A complete discussion of all issues raised in this sunset review, including the likelihood of continuation or recurrence of subsidization in the event of revocation of the Order and the countervailable subsidy rates likely to prevail if the Order were to be revoked, is provided in the Issues and Decision Memorandum. A list of the topics discussed in the Issues and Decision Memorandum is attached as an 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), which 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. Final Results of Sunset Review Pursuant to sections 751(c) and 752(b) of the Act, we determine that revocation of the Order would be likely to lead to continuation or recurrence of countervailable subsidies at the following net subsidy rates: Subsidy rate (percent ad valorem) Company Designa Inc .................................................................................................................................................................................... Dongguan Baike Electronic Co., Ltd ............................................................................................................................................. Ezidone Display Corp. Ltd ............................................................................................................................................................. Fenghua Huige Metal Products Co., Ltd ....................................................................................................................................... Formost Plastic Metal Works (Jiaxing) Co., Ltd ............................................................................................................................ Jiangsu Kingmore Storage Equipment Manufacturing Co., Ltd .................................................................................................... Nanjing Dongsheng Shelf Manufacturing Co., Ltd ........................................................................................................................ Nanjing Huade Storage Equipment Manufacture Co., Ltd ............................................................................................................ Ningbo Bocheng Home Products Co., Ltd .................................................................................................................................... Ningbo Joys Imp. & Exp. Co., Ltd ................................................................................................................................................. Ningbo Li Zhan Import & Export Co .............................................................................................................................................. Qingdao Haineng Hardware Products Co., Ltd ............................................................................................................................. Qingdao Huatian Hand Truck Co., Ltd .......................................................................................................................................... Qingdao Zeal-Line Stainless Steel Products Co., Ltd ................................................................................................................... Seven Seas Furniture Industrial (Xiamen) Co., Ltd ...................................................................................................................... Shijiazhuang Wells Trading & Mfg. Co., Ltd ................................................................................................................................. Tangshan Apollo Energy Equipment Company ............................................................................................................................ All Others ....................................................................................................................................................................................... lotter on DSK11XQN23PROD with NOTICES1 Administrative Protective Order (APO) This notice serves as the only reminder to parties subject to an APO of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely 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 the terms of an APO is a sanctionable violation. 4 Id. at 2. CFRI’s Letter, ‘‘Certain Steel Racks and Parts Thereof from the People’s Republic of China: Domestic Interested Party’s Substantive Response to the Notice of Initiation,’’ dated September 3, 2024. 5 See VerDate Sep<11>2014 18:02 Dec 05, 2024 Jkt 265001 Notification to Interested Parties Commerce is issuing and publishing these final results and this notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act, and 19 CFR 351.218. Dated: November 29, 2024. Steven Presing, Acting Deputy Assistant Secretary for Policy and Negotiations. 102.23 102.23 102.23 102.23 102.23 102.23 1.50 102.23 102.23 102.23 102.23 102.23 102.23 102.23 102.23 102.23 102.23 1.50 V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of a Countervailable Subsidy 2. Net Countervailable Subsidy Rates Likely to Prevail 3. Nature of the Subsidies VII. Final Results of Sunset Review VIII. Recommendation [FR Doc. 2024–28506 Filed 12–5–24; 8:45 am] BILLING CODE 3510–DS–P Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. History of the Order 6 See Commerce’s Letter, ‘‘Sunset Reviews Initiated August 1, 2024,’’ dated September 24, 2024. 7 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Expedited PO 00000 Frm 00011 Fmt 4703 Sfmt 9990 First Sunset Review of the Countervailing Duty Order on Steel Racks and Parts Thereof from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). E:\FR\FM\06DEN1.SGM 06DEN1

Agencies

[Federal Register Volume 89, Number 235 (Friday, December 6, 2024)]
[Notices]
[Pages 96945-96946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28506]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-089]


Steel Racks and Parts Thereof From the People's Republic of 
China: Final Results of the Expedited Sunset Review of the 
Countervailing Duty Order

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

SUMMARY: The U.S. Department of Commerce (Commerce) finds that 
revocation of the countervailing duty (CVD) order on steel racks and 
parts thereof (steel racks) from the People's Republic of China (China) 
would be likely to lead to continuation or recurrence of 
countervailable subsidies at the levels indicated in the ``Final 
Results of the Sunset Review'' section of this notice.

DATES: Applicable December 6, 2024.

FOR FURTHER INFORMATION CONTACT: Stephanie Trejo, 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) 482-4390.

SUPPLEMENTARY INFORMATION:

Background

    On September 16, 2019, Commerce published the Order on steels racks 
from China.\1\ On August 1, 2024, Commerce published the notice of 
initiation of the first sunset review of the Order, pursuant to section 
751(c) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 
351.218(c).\2\ On August 16, 2024, Commerce received a notice of intent 
to participate in this review from the Coalition for Fair Rack Imports 
(CFRI), the domestic interested party, within the 15-day deadline 
specified in 19 CFR 351.218(d)(1)(i).\3\ CFRI claimed interested party 
status within the meaning of section 771(9)(E) of the Act

[[Page 96946]]

and 19 CFR 351.102(b)(17) as a trade or business association a majority 
of whose members manufacture, produce, or wholesale a domestic like 
product in the United States.\4\
---------------------------------------------------------------------------

    \1\ See Certain Steel Racks and Parts Thereof From the People's 
Republic of China: Amended Final Affirmative Antidumping Duty 
Determination and Antidumping Duty Order; and Countervailing Duty 
Order, 84 FR 48584 (September 16, 2019) (Order).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 89 FR 62717 
(August 1, 2024).
    \3\ See CFRI's Letter, ``Notice of Intent to Participate in the 
First Five-Year Review of the Countervailing Duty Order on Certain 
Steel Racks and Parts Thereof from the People's Republic of China,'' 
dated August 16, 2024.
    \4\ Id. at 2.
---------------------------------------------------------------------------

    On September 3, 2024, Commerce received an adequate substantive 
response from CFRI, within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i).\5\ Commerce did not receive a substantive response 
from either the Government of China or any respondent interested party 
to this proceeding. On September 24, 2024, Commerce notified the U.S. 
International Trade Commission that it did not receive an adequate 
substantive response from any respondent interested parties.\6\ As a 
result, Commerce conducted an expedited (120-day) sunset review of the 
Order, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(B)(2) and (C)(2).
---------------------------------------------------------------------------

    \5\ See CFRI's Letter, ``Certain Steel Racks and Parts Thereof 
from the People's Republic of China: Domestic Interested Party's 
Substantive Response to the Notice of Initiation,'' dated September 
3, 2024.
    \6\ See Commerce's Letter, ``Sunset Reviews Initiated August 1, 
2024,'' dated September 24, 2024.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by this Order is steel racks. For a 
complete description of the scope of the Order, see the Issues and 
Decision Memorandum.\7\
---------------------------------------------------------------------------

    \7\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Expedited First Sunset Review of the 
Countervailing Duty Order on Steel Racks and Parts Thereof from the 
People's Republic of China,'' dated concurrently with, and hereby 
adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    A complete discussion of all issues raised in this sunset review, 
including the likelihood of continuation or recurrence of subsidization 
in the event of revocation of the Order and the countervailable subsidy 
rates likely to prevail if the Order were to be revoked, is provided in 
the Issues and Decision Memorandum. A list of the topics discussed in 
the Issues and Decision Memorandum is attached as an 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), 
which 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.

Final Results of Sunset Review

    Pursuant to sections 751(c) and 752(b) of the Act, we determine 
that revocation of the Order would be likely to lead to continuation or 
recurrence of countervailable subsidies at the following net subsidy 
rates:

------------------------------------------------------------------------
                                                          Subsidy rate
                       Company                            (percent ad
                                                            valorem)
------------------------------------------------------------------------
Designa Inc..........................................             102.23
Dongguan Baike Electronic Co., Ltd...................             102.23
Ezidone Display Corp. Ltd............................             102.23
Fenghua Huige Metal Products Co., Ltd................             102.23
Formost Plastic Metal Works (Jiaxing) Co., Ltd.......             102.23
Jiangsu Kingmore Storage Equipment Manufacturing Co.,             102.23
 Ltd.................................................
Nanjing Dongsheng Shelf Manufacturing Co., Ltd.......               1.50
Nanjing Huade Storage Equipment Manufacture Co., Ltd.             102.23
Ningbo Bocheng Home Products Co., Ltd................             102.23
Ningbo Joys Imp. & Exp. Co., Ltd.....................             102.23
Ningbo Li Zhan Import & Export Co....................             102.23
Qingdao Haineng Hardware Products Co., Ltd...........             102.23
Qingdao Huatian Hand Truck Co., Ltd..................             102.23
Qingdao Zeal-Line Stainless Steel Products Co., Ltd..             102.23
Seven Seas Furniture Industrial (Xiamen) Co., Ltd....             102.23
Shijiazhuang Wells Trading & Mfg. Co., Ltd...........             102.23
Tangshan Apollo Energy Equipment Company.............             102.23
All Others...........................................               1.50
------------------------------------------------------------------------

Administrative Protective Order (APO)

    This notice serves as the only reminder to parties subject to an 
APO of their responsibility concerning the disposition of proprietary 
information disclosed under APO in accordance with 19 CFR 351.305, 
which continues to govern business proprietary information in this 
segment of the proceeding. Timely 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 the 
terms of an APO is a sanctionable violation.

Notification to Interested Parties

    Commerce is issuing and publishing these final results and this 
notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the 
Act, and 19 CFR 351.218.

    Dated: November 29, 2024.
Steven Presing,
Acting Deputy Assistant Secretary for Policy and Negotiations.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of a Countervailable 
Subsidy
    2. Net Countervailable Subsidy Rates Likely to Prevail
    3. Nature of the Subsidies
VII. Final Results of Sunset Review
VIII. Recommendation

[FR Doc. 2024-28506 Filed 12-5-24; 8:45 am]
BILLING CODE 3510-DS-P

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