Temporary Steel Fencing From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, in Part, and Alignment of Final Determination With the Final Antidumping Determination, 26268-26271 [2025-11383]
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26268
Federal Register / Vol. 90, No. 117 / Friday, June 20, 2025 / Notices
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of the Under Secretary for Economic Affairs,
Commerce Department.
[FR Doc. 2025–11342 Filed 6–18–25; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–199]
Temporary Steel Fencing From the
People’s Republic of China:
Preliminary Affirmative Countervailing
Duty Determination, Preliminary
Affirmative Critical Circumstances
Determination, in Part, and Alignment
of Final Determination With the Final
Antidumping Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of temporary
steel fencing from the People’s Republic
of China (China). The period of
investigation is January 1, 2024, through
December 31, 2024.
DATES: Applicable June 20, 2025.
FOR FURTHER INFORMATION CONTACT:
Natasia Byrd or Janaé Martin, AD/CVD
Operations Office VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
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AGENCY:
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NW, Washington, DC 20230; telephone:
(202) 482–1240 or (202) 482–0238,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on February 11, 2025.1 On March 24,
2025, Commerce postponed the
preliminary determination in this
investigation to June 16, 2025.2
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is included in Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Investigation
The product covered by this
investigation is temporary steel fencing
from China. For a complete description
of the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the Preamble to
Commerce’s regulations,4 in the
Initiation Notice Commerce set aside a
period of time for parties to raise issues
regarding product coverage (i.e., scope).5
Certain interested parties commented on
the scope of the less-than-fair-value
(LTFV) and countervailing duty (CVD)
investigations as it appeared in the
Initiation Notice. Commerce intends to
1 See Temporary Steel Fencing from the People’s
Republic of China: Initiation of Countervailing Duty
Investigation, 90 FR 9311 (February 11, 2025)
(Initiation Notice).
2 See Temporary Steel Fencing from the People’s
Republic of China: Postponement of Preliminary
Determination of Countervailing Duty Investigation,
90 FR 13450 (March 24, 2025).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination of the
Countervailing Duty Investigation of Temporary
Steel fencing from the People’s Republic of China,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
5 See Initiation Notice, 90 FR at 9311–12.
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issue its preliminary decision regarding
comments concerning the scope of the
LTFV and CVD investigations on or
before the preliminary determination of
the companion LTFV investigation.
Methodology
Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable,
Commerce preliminarily determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.6 For a
full description of the methodology
underlying our preliminary
determination, see the Preliminary
Decision Memorandum.
Commerce notes that, in making these
findings, it relied, in part, on facts
available, and, because it finds that one
or more respondents did not act to the
best of their ability to respond to
Commerce’s requests for information, it
drew an adverse inference where
appropriate in selecting from among the
facts otherwise available.7 For further
information, see the ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ section in the Preliminary
Decision Memorandum.
Preliminary Affirmative Determination
of Critical Circumstances, in Part
In accordance with section 703(e)(1)
of the Act, Commerce preliminarily
determines that critical circumstances
exist with respect to imports of subject
merchandise from the mandatory
respondent Hebei Minmetals Co., Ltd.
(Hebei Minmetals); with respect to
imports of subject merchandise from (1)
Anping County Xingpeng Hardware Co.,
Ltd., (2) Shenzhou Yuelei Metal
Products Co., Ltd.; (3) Sichuan GoldLink Industry, (4) Sourcing Solution
Co., Ltd.; and (5) Tianjin Mengsheng
Metal Products, which have been
assigned a rate based on total adverse
fact available (AFA); and, also with
respect to all other producers and
exporters that enter subject merchandise
under the all-others countervailable
subsidy rate. Commerce also
preliminarily determines that critical
circumstances do not exist with respect
to imports of subject merchandise from
mandatory respondent Shijiazhuang SD
Company Ltd. (Shijiazhuang SD). For a
full description of the methodology and
the results of Commerce’s analysis, see
the Preliminary Decision Memorandum.
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.
7 See sections 776(a) and (b) of the Act.
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Alignment
In accordance with section 705(a)(1)
of the Act and 19 CFR 351.210(b)(4),
Commerce is aligning the final
determination in this investigation with
the final determination in the
concurrent LTFV investigation of
temporary steel fencing from China
based on a request made by ZND US
Inc. (the petitioner).8 Consequently, the
final CVD determination will be issued
on the same date as the final
determination in the LTFV
investigation, which is currently
scheduled to be issued no later than
October, 27, 2025, unless postponed.
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All-Others Rate
Sections 703(d) and 705(c)(5)(A) of
the Act provide that in the preliminary
determination, Commerce shall
determine an estimated all-others rate
for companies not individually
examined. This rate shall be an amount
equal to the weighted average of the
estimated subsidy rates established for
those companies individually
examined, excluding any zero and de
minimis rates and any rates determined
entirely under section 776 of the Act.
Commerce preliminarily calculated
individual estimated countervailable
subsidy rates for Hebei Minmetals and
Shijiazhuang SD that are not zero, de
minimis, or based entirely on facts
otherwise available. Because publiclyranged sales values of exports of subject
merchandise to the United States for all
mandatory respondents are not on the
record of this investigation, for the
preliminary determination, we
calculated the countervailable subsidy
rate applicable to all other companies as
the simple average of the
countervailable subsidy rates calculated
for Hanwha Hebei Minmetals and
Shijiazhuang SD.9
8 See Petitioner’s Letter, ‘‘Temporary Steel
Fencing from the People’s Republic of China:
Request for Alignment,’’ dated June 5, 2025.
9 With two respondents under examination,
Commerce normally calculates: (A) a weightedaverage of the estimated subsidy rates calculated for
the examined respondents; (B) a simple average of
the estimated subsidy rates calculated for the
examined respondents; and (C) a weighted-average
of the estimated subsidy rates calculated for the
examined respondents using each company’s
publicly-ranged U.S. sale values for the
merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate
closest to (A) as the most appropriate rate for all
other producers and exporters. See, e.g., Ball
Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results
of Antidumping Duty Administrative Reviews, Final
Results of Changed-Circumstances Review, and
Revocation of an Order in Part, 75 FR 53661, 53662
(September 1, 2010), and accompanying Issues and
Decision Memorandum at Comment 1. However,
because complete publicly ranged sales data were
not available, Commerce based the all-others rate on
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Rate for Non-Responsive Companies
The following five exporters and/or
producers of temporary steel fencing
from China refused delivery of and/or
did not respond to the quantity and
value (Q&V) questionnaire: (1) Anping
County Xingpeng Hardware Co., Ltd.;
(2) Shenzhou Yuelei Metal Products Co.,
Ltd.; (3) Sichuan Gold-Link Industry; (4)
Sourcing Solution Co., Ltd.; and (5)
Tianjin Mengsheng Metal Products
(collectively, the non-responsive
companies). We find that, by not
responding to the Q&V questionnaire,
these companies withheld requested
information and significantly impeded
this proceeding. Thus, in reaching our
preliminary determination, pursuant
sections 776(a)(2)(A) and (C) of the Act,
we are basing the countervailable
subsidy rate for the non-responsive
companies on facts otherwise available.
In addition, we preliminary determine
that an adverse inference is warranted,
pursuant to section 776(b) of the Act. By
failing to submit responses to
Commerce’s Q&V questionnaire, these
companies did not cooperate to the best
of their ability in this investigation.
Accordingly, we preliminarily find that
an adverse inference is warranted to
ensure that the non-responsive
companies will not obtain a more
favorable result than had they fully
complied with our request for
information. For more information on
the application of adverse facts
available, see ‘‘Use of Facts Otherwise
Available and Adverse Inferences’’ in
the Preliminary Decision Memorandum.
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Suspension of Liquidation
Section 703(e)(2) of the Act provides
that, given an affirmative determination
of critical circumstances, any
suspension of liquidation shall apply to
unliquidated entries of merchandise
entered, or withdrawn from warehouse,
for consumption on or after the later of:
(a) the date which is 90 days before the
date on which the suspension of
liquidation was first ordered; or (b) the
date on which notice of initiation of the
investigation was published. Commerce
preliminarily finds that critical
circumstances exist for imports of
subject merchandise produced and/or
exported by Hebei Minmetals, the nonresponsive companies (i.e., (1) Anping
County Xingpeng Hardware Co., Ltd.,
(2) Shenzhou Yuelei Metal Products Co.,
Ltd.; (3) Sichuan Gold-Link Industry, (4)
Sourcing Solution Co., Ltd.; and (5)
Tianjin Mengsheng Metal Products) and
all other producers and exporters whose
imports enter under the all-others
countervailable subsidy rate. Pursuant
to section 703(d)(1)(B0 and (d)(2) of the
Act, Commerce will direct U.S. Customs
and Border Protection (CBP) to suspend
the liquidation of entries of subject
merchandise, as described in the scope
of the investigation, entered, or
withdrawn from warehouse, for
consumption on or after the date which
is 90 days before the publication of this
notice, in accordance with section
703(e)(2)(A) of the Act. Further,
Commerce will instruct CBP to require
a cash deposit rate equal to the rates
indicated above.
With regard Shijiazhuang SD, as a
Preliminary Determination
result of the preliminary negative
Commerce preliminarily determines
determination of critical circumstances,
that the following estimated
in accordance with sections 703(d)(1)(B)
countervailable subsidy rates exist:
and (d)(2) of the Act, Commerce will
direct U.S. Customs and Border
Subsidy
Protection (CBP) to suspend liquidation
rate
Company
of entries of subject merchandise as
(percent
ad valorem)
described in the scope of the
investigation entered, or withdrawn
Hebei Minmetals Co., Ltd .......
33.27 from warehouse, for consumption on or
Shijiazhuang SD Company
after the date of publication of this
Ltd .......................................
139.20
notice in the Federal Register. Further,
Anping County Xingpeng
Hardware Co., Ltd ...............
* 301.83 pursuant to 19 CFR 351.205(d),
Commerce will instruct CBP to require
Shenzhou Yuelei Metal Products Co., Ltd ........................
* 301.83 a cash deposit equal to the rates
Sichuan Gold-Link Industry ....
* 301.83 indicated above.
Sourcing Solution Co., Ltd .....
Tianjin Mengsheng Metal
Products ..............................
All-Others ................................
* 301.83
Disclosure
* 301.83
86.24
Commerce intends to disclose to
interested parties the calculations and
*Rate is based on facts available with ad- analysis performed in this preliminary
verse inferences.
determination within five days of its
public announcement, or if there is no
the simple average of the countervailable subsidy
public announcement, within five days
rates calculated for the mandatory respondents. See
of the publication of this notice in the
Memorandum, ‘‘Calculation of the All-Others Rate
Federal Register in accordance with 19
for the Preliminary Determination,’’ dated
concurrently with this notice.
CFR 351.224(b).
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Federal Register / Vol. 90, No. 117 / Friday, June 20, 2025 / Notices
Consistent with 19 CFR 224(e),
Commerce will analyze and, if
appropriate, correct any timely-filed
allegations of significant ministerial
errors by amending the preliminary
determination. However, consistent
with 19 CFR 351.224(d), Commerce will
not consider incomplete allegations that
do not address the significance standard
under 19 CFR 351.224(g) following the
preliminary determination. Instead,
Commerce will address such allegations
in the final determination together with
issues raised in case briefs or other
written comments.
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Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify the
information relied upon in making its
final determination.
Public Comment
All interested parties will have the
opportunity to submit scope case and
rebuttal briefs on the preliminary
decision regarding the scope of the
LTFV and CVD investigations. The
deadlines to submit scope case and
rebuttal briefs will be provided in the
preliminary scope decision
memorandum accompanying the
preliminary determination of the LTFV
investigation. For all scope case and
rebuttal briefs, parties must file
identical documents simultaneously on
the records of the concurrent LTFV and
CVD investigations. No new factual
information or business proprietary
information may be included in either
scope case or rebuttal briefs.
Case briefs or other written comments
on non-scope issues may be submitted
to the Assistant Secretary for
Enforcement and Compliance no later
than seven days after the date on which
the last verification report is issued in
this investigation. Rebuttal briefs,
limited to issues raised in the case
briefs, may be filed no later than five
days after the date for filing case
briefs.10 Interested parties who submit
case briefs or rebuttal briefs in this
proceeding must submit: (1) a table of
contents listing each issue; and (2) a
table of authorities.11
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
interested parties to provide an
executive summary of their brief that
should be limited to five pages total,
including footnotes. In this
10 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (APO and
Service Final Rule).
11 See 19 CFR 351.309(c)(2) and (d)(2).
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investigation, we instead request that
interested parties provide at the
beginning of their briefs a public
executive summary for each issue raised
in their briefs.12 Further, we request that
interested parties limit their public
executive summary of each issue to no
more than 450 words, not including
citations. We intend to use the public
executive summaries as the basis of the
comment summaries included in the
issues and decision memorandum that
will accompany the final determination
in this investigation. We request that
interested parties include footnotes for
relevant citations in the executive
summary of each issue. Note that
Commerce has amended certain of its
requirements pertaining to the service of
documents in 19 CFR 351.303(f).13
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce within 30 days after the date
of publication of this notice. Requests
should contain: (1) the party’s name,
address, and telephone number; (2) the
number of participants and whether any
participant is a foreign national; and (3)
a list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at a date and
time to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
U.S. International Trade Commission
(ITC) Notification
In accordance with section 703(f) of
the Act, Commerce will notify the ITC
of its determination. If the final
determination is affirmative, the ITC
will determine before the later of 120
days after the date of this preliminary
determination or 45 days after the
determination whether imports of
temporary steel fencing from China are
materially injuring, or threatening
material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act, and 19 CFR
351.205(c).
12 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
13 See APO and Service Final Rule.
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Dated: June 16, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise subject to this
investigation is temporary steel fencing.
Temporary steel fencing consists of
temporary steel fence panels and temporary
steel fence stands. Temporary steel fence
panels, when assembled with temporary steel
fence stands or other types of stands outside
of the scope, with each other, or with posts,
create a free-standing fence. Temporary steel
fence panels are covered by the scope
regardless of whether they attach to a stand
or the type of stand to which they connect.
Temporary steel fence panels have a
welded frame of steel tubing and an interior
consisting of chain link, steel wire mesh, or
other steel materials that are not more than
10 millimeters in actual diameter or width.
The steel tubing may surround all edges of
the temporary steel fence panel or only be
attached along two parallel sides of the
panel. All temporary steel fence panels with
at least two framed sides are covered by the
scope, regardless of the number of edges
framed with steel tubing.
Temporary steel fence panels are typically
between 10 and 12 feet long and six to eight
feet high, though all temporary steel fence
panels are covered by the scope regardless of
dimension or weight as long as a single panel
is over six square feet in actual surface area
and weighs more than four pounds.
Temporary steel fence panels may be square,
rectangular, or have rounded edges, and may
or may not have gates, doors, wheels, or
barbed wire or other features, though all
temporary steel fence panels are covered by
the scope regardless of shape and other
features. Temporary steel fence panels may
have one or more horizontal, vertical, or
diagonal reinforcement tubes made of steel
welded to the inside frame, though all
temporary steel fence panels are covered by
the scope regardless of the existence,
number, or type of reinforcement tubes
attached to the panel. Temporary steel fence
panels may have extensions, pins, tubes, or
holes at the bottom of the panel, but all
temporary steel fence panels are covered
regardless of the existence of such features.
Steel fence stands are shapes made of steel
that stand flat on the ground and have one
or two open tubes or solid pins into which
temporary steel fence panels are inserted to
stand erect. The steel fence stand may be
made of welded steel tubing or may be a flat
steel plate with one or two tubes or pins
welded onto the plate for connecting the
panels.
Temporary steel fencing is covered by the
scope regardless of coating, painting, or other
finish. Both temporary steel fence panels and
temporary steel fence stands are covered by
the scope, whether imported assembled or
unassembled, and whether imported together
or separately. Subject merchandise includes
material matching the above description that
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has been finished, assembled, or packaged in
a third country, including by coating,
painting, assembling, attaching to, or
packaging with another product, or any other
finishing, assembly, or packaging operation
that would not otherwise remove the
merchandise from the scope of the
investigation if performed in the country of
manufacture of the temporary steel fencing.
Temporary steel fencing is included in the
scope of this investigation whether or not
imported attached to, or in conjunction with,
other parts and accessories such as posts,
hooks, rings, brackets, couplers, clips,
connectors, handles, brackets, or latches. If
temporary steel fencing is imported attached
to, or in conjunction with, such non-subject
merchandise, only the temporary steel
fencing is included in the scope.
Merchandise covered by this investigation
is currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS)
under the subheading 7308.90.9590. Subject
merchandise may also enter under
subheadings 7326.90.8688 and 7323.99.9080
of the HTSUS. The HTSUS subheadings set
forth above are provided for convenience and
U.S. Customs purposes only. The written
description of the scope is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Injury Test
IV. Preliminary Determination of Critical
Circumstances
V. Analysis of China’s Financial System
VI. Diversification of China’s Economy
VII. Use of Facts Otherwise Available and
Adverse Inferences
VIII. Subsidies Valuation
IX. Benchmarks and Interest Rates
X. Analysis of Programs
XI. Recommendation
[FR Doc. 2025–11383 Filed 6–18–25; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–601]
Tapered Roller Bearings and Parts
Thereof, Finished and Unfinished,
From the People’s Republic of China:
Preliminary Results of Antidumping
Administrative Review, Rescission, in
Part, and Preliminary Determination of
No Shipments; 2023–2024
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is rescinding, in
part, the administrative review of the
antidumping duty (AD) order on tapered
roller bearings and parts thereof,
finished and unfinished (TRBs) from the
People’s Republic of China (China) for
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AGENCY:
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the period of review (POR) June 1, 2023,
through May 31, 2024. Further,
Commerce preliminarily finds that
Shanghai Tainai Bearing Co., Ltd.
(Tainai) had no shipments during the
POR and C&U Group Shanghai Bearing
Co., Ltd. (C&U Shanghai) did not qualify
for a separate rate and therefore, is
considered part of the China-wide
entity. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable June 20, 2025.
FOR FURTHER INFORMATION CONTACT: Jerry
Xiao, AD/CVD Operations, Office II,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2273.
SUPPLEMENTARY INFORMATION:
Background
On February 26, 1990, Commerce
published in the Federal Register the
AD order on TRBs from China.1 On June
3, 2024, Commerce published in the
Federal Register a notice of opportunity
to request an administrative review of
the Order.2 On July 1, 2024, JTEKT
Bearings North America LLC (the
domestic interested party) and
Changshan Peer Bearing Co., Ltd. (CPZ)
submitted timely requests that
Commerce conduct an administrative
review of the Order with respect to CPZ,
Tainai, C&U Group Shanghai Bearing
Co., Ltd. (C&U Shanghai Bearing),
Hangzhou C&U Metallurgy Bearing Co.,
Ltd. (C&U Metallurgy Bearing), Sichuan
C&U Bearing Co., Ltd. (Sichuan C&U
Bearing), Hangzhou C&U Automotive
Bearing Co., Ltd. (C&U Automotive
Bearing), and Hangzhou C&U Bearing
Co., Ltd. (Hangzhou C&U Bearing).3 On
July 23, 2024, CPZ withdrew its request
for a review.4
On July 29, 2024, Commerce
published in the Federal Register a
notice of initiation of administrative
review with respect to imports of TRBs
exported and/or produced by Tainai,
C&U Shanghai Bearing, CPZ, C&U
Metallurgy Bearing, Sichuan C&U
Bearing, C&U Automotive Bearing, and
1 See Tapered Roller Bearings from the People’s
Republic of China; Amendment to Final
Determination of Sales at Less Than Fair Value and
Antidumping Duty Order in Accordance with
Decision Upon Remand, 55 FR 6669 (February 26,
1990) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review and Join Annual
Inquiry Service List, 89 FR 47518 (June 3, 2024).
3 See CPZ’s Letter, ‘‘Request for Administrative
Review,’’ dated July 1, 2024; see also Domestic
Interested Party’s Letter, ‘‘Request for
Administrative Review,’’ dated July 1, 2024.
4 See CPZ’s Letter, ‘‘Withdrawal of Request for
Administrative Review,’’ dated July 23, 2024.
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26271
Hangzhou C&U Bearing in accordance
with section 751(a) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.221(c)(1)(i).5 On August 7, 2024, we
placed on the record U.S. Customs and
Border Protection (CBP) data for entries
of TRBs from China during the POR,
showing suspended entries during the
POR shipped by C&U Shanghai Bearing
and invited interested parties to
comment.6 The domestic interested
party submitted comments to Commerce
regarding the CBP data on August 14,
2024.7 On August 16, 2024, CPZ
submitted an additional letter
requesting withdraw of its request for
review.8 On August 20, 2024, Tainai
submitted a certification of no
shipments.9
On December 9, 2024, Commerce
tolled the deadline for all administrative
reviews by 90 days.10 On May 8, 2025,
Commerce notified interested parties of
our intent to rescind this administrative
review with respect to the four
companies that have no reviewable
suspended entries.11 No party submitted
comments regarding the Partial Intent to
Rescind.
Scope of the Order
Imports covered by the Order are
shipments of tapered roller bearings and
parts thereof, finished and unfinished,
from China; flange, take up cartridge,
and hanger units incorporating tapered
roller bearings; and tapered roller
housings (except pillow blocks)
incorporating tapered rollers, with or
without spindles, whether or not for
automotive use. These products are
currently classifiable under Harmonized
Tariff Schedule of the United States
(HTSUS) subheadings 8482.20.00,
8482.91.00.50, 8482.99.15, 8482.99.45,
8483.20.40, 8483.20.80, 8483.30.80,
8483.90.20, 8483.90.30, 8483.90.80,
8708.70.60.60, 8708.99.2300,
8708.99.27.00, 8708.99.4100,
8708.99.4850, 8708.99.6890,
8708.99.8115, and 8708.99.8180.
Although the HTSUS item numbers are
5 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 89 FR
60871 (July 29, 2024) (Initiation Notice).
6 See Memorandum, ‘‘Release of U.S. Customs
and Border Protection Entry Data,’’ dated August 7,
2024 (CBP Data Memo).
7 See Domestic Interested Party’s Letter, ‘‘JTEKT
Bearings North America LLC’s Comments on CBP
Data Release,’’ dated August 14, 2025.
8 See CPZ’s Letter, ‘‘Withdrawal of Request for
Administrative Review,’’ dated August 16, 2024.
9 See Tainai’s Letter, ‘‘No Shipment
Certification,’’ dated August 20, 2024.
10 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated December 9, 2024.
11 See Memorandum, ‘‘Notice of Intent to Rescind
Review, in Part,’’ dated May 8, 2025 (Partial Intent
to Rescind).
E:\FR\FM\20JNN1.SGM
20JNN1
]]>Agencies
[Federal Register Volume 90, Number 117 (Friday, June 20, 2025)]
[Notices]
[Pages 26268-26271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-11383]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-199]
Temporary Steel Fencing From the People's Republic of China:
Preliminary Affirmative Countervailing Duty Determination, Preliminary
Affirmative Critical Circumstances Determination, in Part, and
Alignment of Final Determination With the Final Antidumping
Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of temporary steel fencing from the People's
Republic of China (China). The period of investigation is January 1,
2024, through December 31, 2024.
DATES: Applicable June 20, 2025.
FOR FURTHER INFORMATION CONTACT: Natasia Byrd or Jana[eacute] Martin,
AD/CVD Operations Office VI, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-1240 or (202)
482-0238, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on February
11, 2025.\1\ On March 24, 2025, Commerce postponed the preliminary
determination in this investigation to June 16, 2025.\2\
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\1\ See Temporary Steel Fencing from the People's Republic of
China: Initiation of Countervailing Duty Investigation, 90 FR 9311
(February 11, 2025) (Initiation Notice).
\2\ See Temporary Steel Fencing from the People's Republic of
China: Postponement of Preliminary Determination of Countervailing
Duty Investigation, 90 FR 13450 (March 24, 2025).
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\3\ A list of topics discussed in the Preliminary Decision
Memorandum is included in Appendix II to this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination of the Countervailing Duty Investigation
of Temporary Steel fencing from the People's Republic of China,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Investigation
The product covered by this investigation is temporary steel
fencing from China. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the Preamble to Commerce's regulations,\4\ in
the Initiation Notice Commerce set aside a period of time for parties
to raise issues regarding product coverage (i.e., scope).\5\ Certain
interested parties commented on the scope of the less-than-fair-value
(LTFV) and countervailing duty (CVD) investigations as it appeared in
the Initiation Notice. Commerce intends to issue its preliminary
decision regarding comments concerning the scope of the LTFV and CVD
investigations on or before the preliminary determination of the
companion LTFV investigation.
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\5\ See Initiation Notice, 90 FR at 9311-12.
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Methodology
Commerce is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found
countervailable, Commerce preliminarily determines that there is a
subsidy, i.e., a financial contribution by an ``authority'' that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\6\ For a full description of the methodology underlying our
preliminary determination, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
Commerce notes that, in making these findings, it relied, in part,
on facts available, and, because it finds that one or more respondents
did not act to the best of their ability to respond to Commerce's
requests for information, it drew an adverse inference where
appropriate in selecting from among the facts otherwise available.\7\
For further information, see the ``Use of Facts Otherwise Available and
Adverse Inferences'' section in the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\7\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
Preliminary Affirmative Determination of Critical Circumstances, in
Part
In accordance with section 703(e)(1) of the Act, Commerce
preliminarily determines that critical circumstances exist with respect
to imports of subject merchandise from the mandatory respondent Hebei
Minmetals Co., Ltd. (Hebei Minmetals); with respect to imports of
subject merchandise from (1) Anping County Xingpeng Hardware Co., Ltd.,
(2) Shenzhou Yuelei Metal Products Co., Ltd.; (3) Sichuan Gold-Link
Industry, (4) Sourcing Solution Co., Ltd.; and (5) Tianjin Mengsheng
Metal Products, which have been assigned a rate based on total adverse
fact available (AFA); and, also with respect to all other producers and
exporters that enter subject merchandise under the all-others
countervailable subsidy rate. Commerce also preliminarily determines
that critical circumstances do not exist with respect to imports of
subject merchandise from mandatory respondent Shijiazhuang SD Company
Ltd. (Shijiazhuang SD). For a full description of the methodology and
the results of Commerce's analysis, see the Preliminary Decision
Memorandum.
[[Page 26269]]
Alignment
In accordance with section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), Commerce is aligning the final determination in this
investigation with the final determination in the concurrent LTFV
investigation of temporary steel fencing from China based on a request
made by ZND US Inc. (the petitioner).\8\ Consequently, the final CVD
determination will be issued on the same date as the final
determination in the LTFV investigation, which is currently scheduled
to be issued no later than October, 27, 2025, unless postponed.
---------------------------------------------------------------------------
\8\ See Petitioner's Letter, ``Temporary Steel Fencing from the
People's Republic of China: Request for Alignment,'' dated June 5,
2025.
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All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that in the
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. This rate shall be
an amount equal to the weighted average of the estimated subsidy rates
established for those companies individually examined, excluding any
zero and de minimis rates and any rates determined entirely under
section 776 of the Act.
Commerce preliminarily calculated individual estimated
countervailable subsidy rates for Hebei Minmetals and Shijiazhuang SD
that are not zero, de minimis, or based entirely on facts otherwise
available. Because publicly-ranged sales values of exports of subject
merchandise to the United States for all mandatory respondents are not
on the record of this investigation, for the preliminary determination,
we calculated the countervailable subsidy rate applicable to all other
companies as the simple average of the countervailable subsidy rates
calculated for Hanwha Hebei Minmetals and Shijiazhuang SD.\9\
---------------------------------------------------------------------------
\9\ With two respondents under examination, Commerce normally
calculates: (A) a weighted-average of the estimated subsidy rates
calculated for the examined respondents; (B) a simple average of the
estimated subsidy rates calculated for the examined respondents; and
(C) a weighted-average of the estimated subsidy rates calculated for
the examined respondents using each company's publicly-ranged U.S.
sale values for the merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate closest to (A) as
the most appropriate rate for all other producers and exporters.
See, e.g., Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53662
(September 1, 2010), and accompanying Issues and Decision Memorandum
at Comment 1. However, because complete publicly ranged sales data
were not available, Commerce based the all-others rate on the simple
average of the countervailable subsidy rates calculated for the
mandatory respondents. See Memorandum, ``Calculation of the All-
Others Rate for the Preliminary Determination,'' dated concurrently
with this notice.
---------------------------------------------------------------------------
Rate for Non-Responsive Companies
The following five exporters and/or producers of temporary steel
fencing from China refused delivery of and/or did not respond to the
quantity and value (Q&V) questionnaire: (1) Anping County Xingpeng
Hardware Co., Ltd.; (2) Shenzhou Yuelei Metal Products Co., Ltd.; (3)
Sichuan Gold-Link Industry; (4) Sourcing Solution Co., Ltd.; and (5)
Tianjin Mengsheng Metal Products (collectively, the non-responsive
companies). We find that, by not responding to the Q&V questionnaire,
these companies withheld requested information and significantly
impeded this proceeding. Thus, in reaching our preliminary
determination, pursuant sections 776(a)(2)(A) and (C) of the Act, we
are basing the countervailable subsidy rate for the non-responsive
companies on facts otherwise available.
In addition, we preliminary determine that an adverse inference is
warranted, pursuant to section 776(b) of the Act. By failing to submit
responses to Commerce's Q&V questionnaire, these companies did not
cooperate to the best of their ability in this investigation.
Accordingly, we preliminarily find that an adverse inference is
warranted to ensure that the non-responsive companies will not obtain a
more favorable result than had they fully complied with our request for
information. For more information on the application of adverse facts
available, see ``Use of Facts Otherwise Available and Adverse
Inferences'' in the Preliminary Decision Memorandum.
Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Hebei Minmetals Co., Ltd.................................. 33.27
Shijiazhuang SD Company Ltd............................... 139.20
Anping County Xingpeng Hardware Co., Ltd.................. * 301.83
Shenzhou Yuelei Metal Products Co., Ltd................... * 301.83
Sichuan Gold-Link Industry................................ * 301.83
Sourcing Solution Co., Ltd................................ * 301.83
Tianjin Mengsheng Metal Products.......................... * 301.83
All-Others................................................ 86.24
------------------------------------------------------------------------
*Rate is based on facts available with adverse inferences.
Suspension of Liquidation
Section 703(e)(2) of the Act provides that, given an affirmative
determination of critical circumstances, any suspension of liquidation
shall apply to unliquidated entries of merchandise entered, or
withdrawn from warehouse, for consumption on or after the later of: (a)
the date which is 90 days before the date on which the suspension of
liquidation was first ordered; or (b) the date on which notice of
initiation of the investigation was published. Commerce preliminarily
finds that critical circumstances exist for imports of subject
merchandise produced and/or exported by Hebei Minmetals, the non-
responsive companies (i.e., (1) Anping County Xingpeng Hardware Co.,
Ltd., (2) Shenzhou Yuelei Metal Products Co., Ltd.; (3) Sichuan Gold-
Link Industry, (4) Sourcing Solution Co., Ltd.; and (5) Tianjin
Mengsheng Metal Products) and all other producers and exporters whose
imports enter under the all-others countervailable subsidy rate.
Pursuant to section 703(d)(1)(B0 and (d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend the
liquidation of entries of subject merchandise, as described in the
scope of the investigation, entered, or withdrawn from warehouse, for
consumption on or after the date which is 90 days before the
publication of this notice, in accordance with section 703(e)(2)(A) of
the Act. Further, Commerce will instruct CBP to require a cash deposit
rate equal to the rates indicated above.
With regard Shijiazhuang SD, as a result of the preliminary
negative determination of critical circumstances, in accordance with
sections 703(d)(1)(B) and (d)(2) of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to suspend liquidation of entries
of subject merchandise as described in the scope of the investigation
entered, or withdrawn from warehouse, for consumption on or after the
date of publication of this notice in the Federal Register. Further,
pursuant to 19 CFR 351.205(d), Commerce will instruct CBP to require a
cash deposit equal to the rates indicated above.
Disclosure
Commerce intends to disclose to interested parties the calculations
and analysis performed in this preliminary determination within five
days of its public announcement, or if there is no public announcement,
within five days of the publication of this notice in the Federal
Register in accordance with 19 CFR 351.224(b).
[[Page 26270]]
Consistent with 19 CFR 224(e), Commerce will analyze and, if
appropriate, correct any timely-filed allegations of significant
ministerial errors by amending the preliminary determination. However,
consistent with 19 CFR 351.224(d), Commerce will not consider
incomplete allegations that do not address the significance standard
under 19 CFR 351.224(g) following the preliminary determination.
Instead, Commerce will address such allegations in the final
determination together with issues raised in case briefs or other
written comments.
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
All interested parties will have the opportunity to submit scope
case and rebuttal briefs on the preliminary decision regarding the
scope of the LTFV and CVD investigations. The deadlines to submit scope
case and rebuttal briefs will be provided in the preliminary scope
decision memorandum accompanying the preliminary determination of the
LTFV investigation. For all scope case and rebuttal briefs, parties
must file identical documents simultaneously on the records of the
concurrent LTFV and CVD investigations. No new factual information or
business proprietary information may be included in either scope case
or rebuttal briefs.
Case briefs or other written comments on non-scope issues may be
submitted to the Assistant Secretary for Enforcement and Compliance no
later than seven days after the date on which the last verification
report is issued in this investigation. Rebuttal briefs, limited to
issues raised in the case briefs, may be filed no later than five days
after the date for filing case briefs.\10\ Interested parties who
submit case briefs or rebuttal briefs in this proceeding must submit:
(1) a table of contents listing each issue; and (2) a table of
authorities.\11\
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\10\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this investigation, we instead request
that interested parties provide at the beginning of their briefs a
public executive summary for each issue raised in their briefs.\12\
Further, we request that interested parties limit their public
executive summary of each issue to no more than 450 words, not
including citations. We intend to use the public executive summaries as
the basis of the comment summaries included in the issues and decision
memorandum that will accompany the final determination in this
investigation. We request that interested parties include footnotes for
relevant citations in the executive summary of each issue. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\13\
---------------------------------------------------------------------------
\12\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\13\ See APO and Service Final Rule.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce within 30 days
after the date of publication of this notice. Requests should contain:
(1) the party's name, address, and telephone number; (2) the number of
participants and whether any participant is a foreign national; and (3)
a list of the issues to be discussed. If a request for a hearing is
made, Commerce intends to hold the hearing at a date and time to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
U.S. International Trade Commission (ITC) Notification
In accordance with section 703(f) of the Act, Commerce will notify
the ITC of its determination. If the final determination is
affirmative, the ITC will determine before the later of 120 days after
the date of this preliminary determination or 45 days after the
determination whether imports of temporary steel fencing from China are
materially injuring, or threatening material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act, and 19 CFR 351.205(c).
Dated: June 16, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise subject to this investigation is temporary steel
fencing. Temporary steel fencing consists of temporary steel fence
panels and temporary steel fence stands. Temporary steel fence
panels, when assembled with temporary steel fence stands or other
types of stands outside of the scope, with each other, or with
posts, create a free-standing fence. Temporary steel fence panels
are covered by the scope regardless of whether they attach to a
stand or the type of stand to which they connect.
Temporary steel fence panels have a welded frame of steel tubing
and an interior consisting of chain link, steel wire mesh, or other
steel materials that are not more than 10 millimeters in actual
diameter or width. The steel tubing may surround all edges of the
temporary steel fence panel or only be attached along two parallel
sides of the panel. All temporary steel fence panels with at least
two framed sides are covered by the scope, regardless of the number
of edges framed with steel tubing.
Temporary steel fence panels are typically between 10 and 12
feet long and six to eight feet high, though all temporary steel
fence panels are covered by the scope regardless of dimension or
weight as long as a single panel is over six square feet in actual
surface area and weighs more than four pounds. Temporary steel fence
panels may be square, rectangular, or have rounded edges, and may or
may not have gates, doors, wheels, or barbed wire or other features,
though all temporary steel fence panels are covered by the scope
regardless of shape and other features. Temporary steel fence panels
may have one or more horizontal, vertical, or diagonal reinforcement
tubes made of steel welded to the inside frame, though all temporary
steel fence panels are covered by the scope regardless of the
existence, number, or type of reinforcement tubes attached to the
panel. Temporary steel fence panels may have extensions, pins,
tubes, or holes at the bottom of the panel, but all temporary steel
fence panels are covered regardless of the existence of such
features.
Steel fence stands are shapes made of steel that stand flat on
the ground and have one or two open tubes or solid pins into which
temporary steel fence panels are inserted to stand erect. The steel
fence stand may be made of welded steel tubing or may be a flat
steel plate with one or two tubes or pins welded onto the plate for
connecting the panels.
Temporary steel fencing is covered by the scope regardless of
coating, painting, or other finish. Both temporary steel fence
panels and temporary steel fence stands are covered by the scope,
whether imported assembled or unassembled, and whether imported
together or separately. Subject merchandise includes material
matching the above description that
[[Page 26271]]
has been finished, assembled, or packaged in a third country,
including by coating, painting, assembling, attaching to, or
packaging with another product, or any other finishing, assembly, or
packaging operation that would not otherwise remove the merchandise
from the scope of the investigation if performed in the country of
manufacture of the temporary steel fencing.
Temporary steel fencing is included in the scope of this
investigation whether or not imported attached to, or in conjunction
with, other parts and accessories such as posts, hooks, rings,
brackets, couplers, clips, connectors, handles, brackets, or
latches. If temporary steel fencing is imported attached to, or in
conjunction with, such non-subject merchandise, only the temporary
steel fencing is included in the scope.
Merchandise covered by this investigation is currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) under the subheading 7308.90.9590. Subject merchandise may
also enter under subheadings 7326.90.8688 and 7323.99.9080 of the
HTSUS. The HTSUS subheadings set forth above are provided for
convenience and U.S. Customs purposes only. The written description
of the scope is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Injury Test
IV. Preliminary Determination of Critical Circumstances
V. Analysis of China's Financial System
VI. Diversification of China's Economy
VII. Use of Facts Otherwise Available and Adverse Inferences
VIII. Subsidies Valuation
IX. Benchmarks and Interest Rates
X. Analysis of Programs
XI. Recommendation
[FR Doc. 2025-11383 Filed 6-18-25; 8:45 am]
BILLING CODE 3510-DS-P
