[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Notices]
[Pages 74901-74904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20780]


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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: Preliminary Results, Preliminary Determination of No 
Shipments, and Partial Rescission of Antidumping Duty Administrative 
Review; 2022-2023

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds 
that certain exporters made sales of certain metal lockers and parts 
thereof (metal lockers) from the People's Republic of China (China) and 
that certain companies had no shipments of metal lockers from China 
during the

[[Page 74902]]

period of review during the period of review (POR), August 1, 2022, 
through July 31, 2023. Additionally, Commerce is rescinding this review 
with respect to certain companies. Interested parties are invited to 
comment on these preliminary results.

DATES: Applicable September 13, 2024.

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 August 20, 2021, Commerce published in the Federal Register the 
antidumping duty Order on metal lockers from China.\1\ On August 2, 
2023, Commerce published a notice of opportunity to request an 
administrative review of the Order for the POR in the Federal 
Register.\2\ On October 18, 2023, in accordance with 19 CFR 
351.221(c)(1)(i), Commerce published a notice of initiation for this 
administrative review in response to requests to review by interested 
parties.\3\ On April 9, 2024, we extended the deadline for these 
preliminary results, 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), 
until August 30, 2024.\4\ On July 22, 2024, Commerce tolled certain 
deadlines in this administrative proceeding by seven days.\5\ As a 
result, the deadline for these preliminary results is now September 6, 
2024.
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    \1\ 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).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review and Join Annual Inquiry Service List, 88 FR 50840 (August 2, 
2023).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 71829 (October 18, 2023) (Initiation 
Notice).
    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated April 9, 
2024.
    \5\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
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    For a complete description of the events that followed the 
initiation of this administrative review, see the Preliminary Decision 
Memorandum.\6\ A list of topics included in the Preliminary Decision 
Memorandum is included as an appendix 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 found at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Antidumping Duty Order 
on Certain Metal Lockers and Parts Thereof from the People's 
Republic of China, 2022-2023,'' dated concurrently with this notice 
(Preliminary Decision Memorandum).
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Scope of the Order

    The products covered by the Order are metal lockers from China. For 
a complete description of the Order, see the Preliminary Decision 
Memorandum.

Partial Rescission of Review

    Pursuant to 19 CFR 351.213(d)(1), based on the timely withdrawal of 
the requests for review, we are rescinding this administrative review 
with respect to: (1) Zhejiang Safewell Security Technology Co., Ltd. 
(Zhejiang Safewell); (2) Ningbo Safewell Group Smart Security Products 
Co., Ltd. (Ningbo Safewell); (3) Ningbo Safewell Safes; (4) Xpedition 
LLC (doing business as (DBA) Safewell Gr.) (Xpedition); and (5) 
Safewell Group Holdings, Ltd. (Safewell Group).\7\ Furthermore, on 
April 15, 2024, Commerce notified interested parties of its intent to 
rescind the review with respect to the companies which had no 
reviewable suspended entries of subject merchandise during the POR, 
specifically with respect to: (1) Kunshan Dongchu Precision Machinery 
Co., Ltd. (Kunshan Dongchu); and (2) Tianjin Jia Mei Metal Furniture 
Ltd. (Tianjin Jia Mei).\8\ Commerce did not receive comments regarding 
its intent to rescind the review, in part, and as a result, pursuant to 
19 CFR 351.213(d)(3), in the absence of any suspended entries during 
the POR from certain companies subject to the review, Commerce is 
rescinding the review with respect to Kunshan Dongchu and Tianjin Jia 
Mei.\9\
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    \7\ See Zhejiang Safewell et al.'s Letters, ``No Shipment 
Certifications,'' dated October 31, 2023; and ``Withdrawal of 
Request for Administrative Review,'' dated October 31, 2023.
    \8\ See Memorandum, ``Notice of Intent to Rescind Review, In 
Part,'' dated April 15, 2024.
    \9\ Id.
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Preliminary Determination of No Shipments

    Based on the no-shipment certification provided by Zhejiang Xingyi 
Metal Products Co., Ltd. (ZXM),\10\ as corroborated by the comments 
provided by mandatory respondent Xingyi Metalworking Technology 
(Zhejiang) Co., Ltd. (XMT) in response to our release of U.S. Customs 
and Border Protection (CBP) entry data for the purpose of respondent 
selection,\11\ we preliminarily determine that ZXM did not have any 
shipments of subject merchandise to the United States during the POR. 
However, we intend to request information from CBP to confirm that 
there were no entries attributable to ZXM in the POR.\12\
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    \10\ See ZXM's Letter, ``ZXM's Company Certification for Notice 
of No Sales,'' dated November 17, 2023.
    \11\ See XMT's Letter, ``Comments on CBP Data,'' dated November 
24, 2023.
    \12\ See Preliminary Decision Memorandum for further discussion.
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    Further, on April 2, 2024, Commerce notified parties that, as a 
result of its final results of changed circumstances review,\13\ 
Commerce determined it necessary to deselect and not examine Jiangsu 
Wanlong Special Containers Co., Ltd. (Jiangsu Wanlong) as a mandatory 
respondent, specifically because the record demonstrates that its 
entries during the POR are not subject to the Orders.\14\ Accordingly, 
we also preliminarily determine that Jiangsu Wanlong did not have any 
shipments of subject merchandise to the United States during the POR. 
Consistent with Commerce's practice in non-market economy (NME) cases, 
we have not rescinded the review with respect to Jiangsu Wanlong and 
ZXM, but we will continue the review of these companies and issue 
instructions to CBP based on the final results of the review.\15\
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    \13\ See Certain Metal Lockers and Parts Thereof from the 
People's Republic of China: Final Results of Antidumping Duty 
Changed Circumstances Reviews, and Revocation of the Antidumping and 
Countervailing Duty Orders, in Part, 89 FR 22377 (April 1, 2024).
    \14\ See Memorandum, ``Respondent Deselection and Selection of 
Replacement Mandatory Respondent,'' dated April 2, 2024.
    \15\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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The China-Wide Entity

    Under Commerce's policy regarding the conditional review of the 
China-wide entity,\16\ the China-wide entity will not be under review 
unless a party specifically requests, or Commerce self-initiates, a 
review of the entity. Because no party requested a review of the China-
wide entity in this review, the entity is not under review, and the

[[Page 74903]]

entity's rate (i.e., 322.25 percent) is not subject to change. For 
additional information, see the Preliminary Decision Memorandum.
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    \16\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Act. Commerce has calculated export prices in 
accordance with section 772(a) of the Act and constructed export prices 
in accordance with section 772(b) of the Act. Because China is an NME, 
within the meaning of section 771(18) of the Act, Commerce has 
calculated normal value (NV) in accordance with section 773(c) of the 
Act. For a full description of the methodology underlying Commerce's 
preliminary results, see the Preliminary Decision Memorandum.

Preliminary Results of Review

    We preliminarily determine 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)
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Xingyi Metalworking Technology (Zhejiang) Co., Ltd..               61.44
Hangzhou Evernew Machinery & Equipment Company                     22.67
 Limited............................................
------------------------------------------------------------------------

Disclosure and Public Comment

    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days after the date of publication of this notice, in accordance 
with 19 CFR 351.224(b). Interested parties may submit case briefs no 
later than 30 days after the date of publication of these preliminary 
results of review.\17\ Rebuttal briefs, limited to issues raised in 
case briefs, may be submitted no later than five days after the 
deadline date for case briefs.\18\ 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 
review, we instead request that interested parties provide at the 
beginning of their briefs a public, executive summary for each issue 
raised in their briefs.\19\ 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 results in this 
administrative review. We request that interested parties include 
footnotes for relevant citations in the public executive summary of 
each issue. Case and rebuttal briefs should be filed using ACCESS.\20\ 
Note that Commerce has amended certain of its requirements pertaining 
to the service of documents in 19 CFR 351.303(f).\21\
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    \17\ See 19 CFR 351.309(c)(1)(ii).
    \18\ 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).
    \19\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \20\ See, generally, 19 CFR 351.303.
    \21\See APO and Service Final Rule.
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    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, filed 
electronically via Commerce's electric records system, ACCESS. An 
electronically-filed request must be received successfully in its 
entirety by 5:00 p.m. Eastern Time within 30 days after the date of 
publication of this notice.\22\ Requests should contain the party's 
name, address, and telephone number, the number of participants, 
whether any participant is a foreign national, and a list of the issues 
to be discussed. If a request for a hearing is made, Commerce intends 
to hold the hearing at a time and date to be determined.\23\ Parties 
should confirm by telephone the date and time of the hearing two days 
before the scheduled date.
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    \22\ See 19 CFR 351.310(c).
    \23\ See 19 CFR 351.310(d).
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Assessment Rates

    Upon issuance of the final results, Commerce will determine, and 
CBP shall assess, antidumping duties on all appropriate entries covered 
by this review, in accordance with 19 CFR 351.212(b)(1). Commerce 
intends to issue assessment instructions to CBP 35 days after the 
publication of the final results of this review. 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).
    We will calculate importer/customer-specific assessment rates equal 
to the ratio of the total amount of dumping calculated for examined 
sales to a particular importer/customer to the total entered value of 
those sales, in accordance with 19 CFR 351.212(b)(1).\24\ Where the 
respondents reported reliable entered values, Commerce intends to 
calculate importer/customer-specific ad valorem assessment rates by 
dividing the total amount of dumping calculated for all reviewed U.S. 
sales to the importer/customer by the total entered value of the 
merchandise sold to the importer/customer.\25\ Where the respondents 
did not report entered values, Commerce will calculate importer/
customer-specific assessment rates by dividing the total amount of 
dumping calculated for all reviewed U.S. sales to the importer/customer 
by the total quantity of those sales. Commerce will calculate an 
estimated ad valorem importer/customer-specific assessment rate to 
determine whether the per-unit assessment rate is de minimis; however, 
Commerce will use the per-unit assessment rate where entered values 
were not reported.\26\ Where an importer/customer-specific ad valorem 
assessment rate is not zero or de minimis, Commerce will instruct CBP 
to collect the appropriate duties at the time of liquidation. Where 
either the respondents' ad valorem weighted-average dumping margin is 
zero or de minimis, or an importer/customer-specific ad valorem 
assessment rate is zero or de minimis,\27\ Commerce will instruct CBP 
to liquidate the appropriate

[[Page 74904]]

entries without regard to antidumping duties.
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    \24\ In these preliminary results, Commerce applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
    \25\ See 19 CFR 351.212(b)(1).
    \26\ Id.
    \27\ See 19 CFR 351.106(c)(2).
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    Pursuant to Commerce's refinement to its practice, for sales that 
were not reported in the U.S. sales database submitted by a respondent 
individually examined during this review, Commerce will instruct CBP to 
liquidate the entry of such merchandise at the dumping margin assigned 
to the China-wide entity.\28\ Additionally, where Commerce determines 
that an exporter under review had no shipments of subject merchandise 
during the POR, any suspended entries of subject merchandise that 
entered under that exporter's CBP case number during the POR will be 
liquidated at the antidumping duty assessment rate for the China-wide 
entity.
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    \28\ 28 For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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    For the companies for which this review is rescinded with these 
preliminary results, we will instruct CBP to assess antidumping duties 
on all appropriate entries at a rate equal to the cash deposit of 
estimated antidumping duties required at the time of entry, or 
withdrawal from warehouse, for consumption, during the POR, in 
accordance with 19 CFR 351.212(c)(l)(i). For the companies rescinded 
from review, Commerce intends to issue assessment instructions to CBP 
35 days after the publication of this notice in the Federal Register.
    In accordance with section 751(a)(2)(C) of the Act, the final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by the final 
results of this review and for future deposits of estimated ADs, where 
applicable.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this review for all shipments of 
the subject merchandise from China entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of the 
notice of the final results of administrative review in the Federal 
Register, as provided for by section 751(a)(2)(C) of the Act: (1) for 
the companies that have a separate rate, the cash deposit rate will be 
that rate established in the final results of this review (except, if 
the rate is de minimis, then a cash deposit rate of zero will be 
required); (2) for previously investigated or reviewed Chinese and non-
Chinese exporters for which a review was not requested and that 
received a separate rate in a prior segment of this proceeding, the 
cash deposit rate will continue to be the existing exporter-specific 
rate; (3) for all Chinese exporters of subject merchandise that have 
not been found to be entitled to a separate rate, the cash deposit rate 
will be the rate for the China-wide entity (i.e., 322.25 percent); and 
(4) for all non-Chinese exporters of subject merchandise that have not 
received their own rate, the cash deposit rate will be the rate 
applicable to the Chinese exporter that supplied that non-Chinese 
exporter. These cash deposit requirements, when imposed, shall remain 
in effect until further notice.

Final Results of Review

    Unless otherwise extended, we intend to issue the final results of 
this administrative review, which will include the results of our 
analysis of the issues raised in the case and rebuttal briefs, within 
120 days of publication of these preliminary results in the Federal 
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 
351.213(h).

Notification to Importers

    This notice also serves as a preliminary 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 review period. 
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.

Notification to Interested Parties

    We are issuing and publishing the preliminary results of this 
review in accordance with sections 751(a)(l) and 777(i)(l) of the Act, 
19 CFR 351.213(d)(4), and 19 CFR 351.221(b)(4).

    Dated: September 6, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Partial Recission of Administrative Review
VI. Discussion of the Methodology
VII. Adjustment Under Section 777(A)(f) of the Act
VIII. Currency Conversion
IX. Recommendation

[FR Doc. 2024-20780 Filed 9-12-24; 8:45 am]
BILLING CODE 3510-DS-P