[Federal Register Volume 89, Number 28 (Friday, February 9, 2024)]
[Notices]
[Pages 9123-9125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02638]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-133]


Certain Metal Lockers and Parts Thereof From the People's 
Republic of China: Final Results of Antidumping Duty Administrative 
Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) finds that Zhejiang 
Xingyi Metal Products Co., Ltd. (ZXM)/Xingyi Metalworking Technology 
(Zhejiang) Co., Ltd. (XMT) (collectively, ZXM/XMT) and Hangzhou Evernew 
Machinery & Equipment Company Limited/Zhejiang Yinghong Metalworks Co., 
Ltd. (Hangzhou Evernew) made sales of certain metal lockers and parts 
thereof (metal lockers) from the People's Republic of China (China) 
during the period of review (POR), February 11, 2021, through July 31, 
2022.

DATES: Applicable February 9, 2024.

[[Page 9124]]


FOR FURTHER INFORMATION CONTACT: Deborah Cohen or Matthew Palmer, AD/
CVD Operations, Office III, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-4521 or (202) 
482-1678, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 8, 2023, Commerce published the Preliminary Results in 
the Federal Register.\1\ On December 19, 2023, Commerce extended the 
deadline of the final results of this administrative review to February 
6, 2024 in accordance with section 751(a)(3)(A) of the Tariff Act of 
1930, as amended (the Act), and 19 CFR 351.213(h)(2).\2\ For a complete 
description of the events that followed the Preliminary Results, see 
the Issues and Decision Memorandum.\3\ Commerce conducted this review 
in accordance with section 751(a) of the Tariff Act of 1930, as amended 
(the Act).
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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 Antidumping Duty Administrative Review, 88 FR 62061 
(September 8, 2023) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review,'' dated December 19, 2023.
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Administrative Review of the Antidumping Duty 
Order on Certain Metal Lockers and Parts Thereof from the People's 
Republic of China; 2021-2022,'' dated concurrently with this notice 
(Issues and Decision Memorandum).
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Scope of the Order <SUP>4</SUP>
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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 products covered by the Order are metal lockers from China. For 
a complete description of the Order, see the Issues and Decision 
Memorandum.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues that parties 
raised and to which we responded in the Issues and Decision Memorandum 
is attached as the appendix to this notice. The Issues and Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding the Preliminary Results, we made certain 
changes to the margin calculations for Hangzhou Evernew and ZXM/XMT.\5\
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    \5\ For a full description of these changes, see the Issues and 
Decision Memorandum.
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Rate for Non-Examined Separate Rate Respondents

    In the Preliminary Results, we determined that three non-
individually examined companies are eligible for separate rates in this 
administrative review.\6\ We did not receive any comments or argument 
since the issuance of the Preliminary Results that provide a basis for 
reconsideration of this determination. Therefore, for these final 
results, we continue to find that Kunshan Dongchu Precision Machinery 
Co., Ltd., Tianjin Jia Mei Metal Furniture Ltd., and Zhejiang Focus-On 
Import & Export Co., Ltd. qualify for a separate rate in this review.
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    \6\ See Preliminary Results PDM at the ``Separate Rate 
Determination'' section for further details.
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    The Act and Commerce's regulations do not address the establishment 
of a separate rate to be applied to companies not selected for 
individual examination when Commerce limits its examination in an 
administrative review pursuant to section 777A(c)(2) of the Act. 
Generally, Commerce looks to section 735(c)(5) of the Act, which 
provides instructions for calculating the all-others rate in an 
investigation, for guidance when calculating the rate for separate-rate 
respondents which Commerce did not examine individually in an 
administrative review. Section 735(c)(5)(A) of the Act states that the 
all-others rate should be calculated by averaging the weighted-average 
dumping margins calculated for individually-examined respondents, 
excluding dumping margins that are zero, de minimis, or based entirely 
on facts available. Accordingly, for the final results of this review, 
we are assigning to the non-selected separate rate respondents an 
estimated weighted-average dumping margin based on the average of 
Hangzhou Evernew and ZXM/XMT weighted-average dumping margins weighted 
by their publicly available ranged U.S. sales values.

Final Results of Review

    Commerce determines that the following estimated weighted-average 
dumping margins exist for the period February 11, 2021, through July 
31, 2022:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Zhejiang Xingyi Metal Products Co., Ltd./Xingyi Metalworking       59.52
 Technology (Zhejiang) Co., Ltd.............................
Hangzhou Evernew Machinery & Equipment Company Limited/           190.01
 Zhejiang Yinghong Metalworks Co., Ltd.\7\..................
Kunshan Dongchu Precision Machinery Co., Ltd................       75.08
Tianjin Jia Mei Metal Furniture Ltd.........................       75.08
Zhejiang Focus-On Import & Export Co., Ltd..................       75.08
------------------------------------------------------------------------

Disclosure
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    \7\ We preliminarily found that Hangzhou Evernew and its 
producer, Zhejiang Yinghong Metalworks Co., Ltd., are affiliated, 
pursuant to section 771(33)(F) of the Act and 19 CFR 351.102(b)(3) 
and should be treated as a single entity pursuant to 19 CFR 
351.401(f)(1) for the purposes of the Preliminary Results. See 
Preliminary Results PDM at the ``Single Entity Analysis'' section 
for further discussion of the preliminary collapsing determination. 
We received no comments from interested parties on this preliminary 
determination; thus, we continue to find these companies should be 
treated as a single entity for purposes of these final results.
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    Commerce intends to disclose the calculations performed in 
connection with these final results to interested parties within five 
days of the date of publication of this notice, in accordance with 19 
CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
Commerce determined, and U.S. Customs and Border Protection (CBP) shall 
assess, antidumping duties on all appropriate entries of subject 
merchandise in accordance with the final results of this review. 
Pursuant to 19 CFR 351.212(b)(1), where ZXM/XMT and Hangzhou Evernew 
reported the entered values of their U.S. sales, we calculated 
importer-specific antidumping duty assessment rates by aggregating the 
total amount of dumping calculated for the examined sales of each 
importer and dividing each of these amounts by the total entered value 
associated with those sales. Where ZXM/XMT and Hangzhou Evernew did not 
report entered value, we calculated a per-unit assessment rate for each 
importer by dividing the total amount of dumping calculated for the 
examined sales made to that importer by the total quantity associated 
with those sales. To determine whether an

[[Page 9125]]

importer-specific, per-unit assessment rate is de minimis, in 
accordance with 19 CFR 351.106(c)(2), we also calculated an importer-
specific ad valorem ratio based on estimated entered values. Where 
either a respondent's weighted-average dumping margin is zero or de 
minimis within the meaning of 19 CFR 351.106(c)(1), or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties. 
Pursuant to a refinement in our non-market economy practice, for sales 
that were not reported in the U.S. sales data submitted by ZXM/XMT and 
Hangzhou Evernew during this review, we will instruct CBP to liquidate 
entries associated with those sales at the rate for the China-wide 
entity.\8\
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    \8\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65695 (October 24, 2011) for a 
full discussion of this practice.
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    For the respondents which were not selected for individual 
examination in this administrative review, and which qualified for a 
separate rate, the assessment rate will be equal to the weighted-
average dumping margin assigned to them for the final results.
    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of these final results. If a 
timely summons is filed at the U.S. Court of International Trade, the 
assessment instructions will direct CBP not to liquidate relevant 
entries until the time for parties to file a request for a statutory 
injunction has expired (i.e., within 90 days of publication).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of administrative review for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on, or after, the publication date of the final results 
of review, as provided for by section 751(a)(2)(C) of the Act: (1) the 
cash deposit rates for the companies identified above in the ``Final 
Results of Review'' section will be equal to the company-specific 
weighted-average dumping margin established in the final results of 
this administrative review; (2) for a previously investigated or 
reviewed exporter of subject merchandise not listed in the final 
results of review that has a separate rate, the cash deposit rate will 
continue to be the exporter's existing cash deposit rate; (3) for all 
Chinese exporters of subject merchandise that do not have a separate 
rate, the cash deposit rate will be the cash deposit rate established 
for the China-wide entity, i.e., 322.25 percent; \9\ and (4) for all 
exporters of subject merchandise that are not located in China and that 
are not eligible for a separate rate, the cash deposit rate will be the 
rate applicable to the China exporter(s) that supplied that non-Chinese 
exporter. These deposit requirements, when imposed, shall remain in 
effect until further notice.
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    \9\ See Certain Metal Lockers and Parts Thereof from the 
People's Republic of China: Notice of Court Decision Not in Harmony 
With the Final Determination of Antidumping Duty Investigation; 
Notice of Amended Final Determination, 88 FR 70644 (October 12, 
2023).
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    As discussed in the Preliminary Results, we preliminarily 
determined that the record no longer supports a finding that ZXM should 
be collapsed with XMT subsequent to January 13, 2022, as ZXM ceased 
involvement with the production and/or exportation of subject 
merchandise prior to the POR, was acquired by an unrelated third-party 
a month prior, and all indicia of affiliation and/or control between 
the two companies ceased as of that date.\10\ Accordingly, we continue 
to review the single entity for the February 11, 2021, through January 
13, 2022, segment of this review and for the purposes of subsequent 
assessment. This finding has not changed for the final results as no 
new evidence to the contrary has been timely placed on the record. 
Therefore, because XMT remains the only component of the former ZXM/XMT 
entity involved in the exportation of subject merchandise in the final 
results, we will assign the cash deposit rate only to XMT as the 
exporter, and instruct CBP to discontinue the ZXM/XMT combination rate.
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    \10\ See Preliminary Results, 88 FR at 62063.
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Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during this POR. Failure 
to comply with this requirement could result in Commerce's presumption 
that reimbursement of antidumping and/or countervailing duties occurred 
and the subsequent assessment of double antidumping duties and/or an 
increase in the amount of antidumping duties by the amount of the 
countervailing duties.

Administrative Protective Order

    This notice also serves as the final reminder to parties subject to 
an administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return/destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and terms of an APO is a sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(l) and 777(i)(l) of the Act, 19 CFR 351.221(b)(5) and 
19 CFR 351.213(h)(1).

    Dated: February 2, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes From the Preliminary Results
V. Discussion of the Issues
    Comment 1: Surrogate Country Selection
    Comment 2: Selection of Surrogate Value (SV) for ZXM/XMT's 
Pickling Board Inputs
    Comment 3: Selection of SV for Hangzhou Evernew's Cold-Rolled 
Steel Inputs
    Comment 4: Application of Adverse Facts Available (AFA) in 
Selecting the SV for Hangzhou Evernew's Ocean Freight Expenses
    Comment 5: Deduction of Section 301 Duties From U.S. Price
    Comment 6: Issuance of Importer-Specific Liquidation 
Instructions
    Comment 7: Ministerial Error--Export Subsidy Adjustment for 
Hangzhou Evernew and ZXM/XMT
VI. Recommendation

[FR Doc. 2024-02638 Filed 2-8-24; 8:45 am]
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