[Federal Register Volume 89, Number 197 (Thursday, October 10, 2024)]
[Notices]
[Pages 82213-82216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23486]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-088]


Certain Steel Racks and Parts Thereof From the People's Republic 
of China: Preliminary Results and Partial Rescission of the 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 
determines that the companies under review either sold certain steel 
racks and parts thereof (steel racks) from the People's Republic of 
China (China) in the United States at prices below normal value (NV) 
during the period of review (POR) September 1, 2022, through August 31, 
2023, or do not qualify for a separate rate. Further, Commerce is 
rescinding this review with respect to six companies. Commerce invites 
interested parties to comment on the preliminary results of this 
review.

DATES: Applicable October 10, 2024.

FOR FURTHER INFORMATION CONTACT: Jonathan Hill, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3518.

SUPPLEMENTARY INFORMATION:

Background

    On September 6, 2023, Commerce published in the Federal Register a 
notice of opportunity to request an administrative review of the 
antidumping duty order on steel racks from China.\1\ After receiving 
review requests, Commerce initiated this review with respect to nine 
companies.\2\ On May 28, 2024, Commerce extended the deadline for 
issuing the preliminary results of this review until September 27, 
2024.\3\ On August 8, 2024, Commerce tolled certain deadlines in this 
administrative review by seven days. The deadline for the final results 
of this review is now October 4, 2024.\4\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review and Join Annual Inquiry Service List, 88 FR 60923 (September 
6, 2023); see also Certain Steel Racks and Parts Thereof from the 
People's Republic of China: Amended Final Affirmative Antidumping 
Duty Determination and Antidumping Duty Order; and Countervailing 
Duty Order, 84 FR 48584 (September 16, 2019) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 78298 (November 15, 2023) (Initiation 
Notice).
    \3\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated May 28, 
2024.
    \4\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated August 8, 2024. Commerce 
notes that the tolling of certain deadlines in administrative 
proceedings actually occurred on July 22, 2024.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\5\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
included as an

[[Page 82214]]

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 accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review of Certain 
Steel Racks and Parts Thereof from the People's Republic of China; 
2022-2023,'' dated concurrently with, and hereby adopted by, this 
notice (Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise covered by the Order is steel racks from China. A 
full description of the scope of the Order is contained in the 
Preliminary Decision Memorandum.

Partial Rescission of the Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if all parties who 
requested a review withdraw their requests within 90 days of the date 
that the notice of initiation of the requested review was published in 
the Federal Register. All requests to review the following companies 
were timely withdrawn: (1) Nanjing Dongsheng Shelf Manufacturing Co., 
Ltd.; (2) Ningbo Xinguang Rack Co., Ltd.; and (3) Xiamen Luckyroc 
Industry Co., Ltd.\6\ Therefore, consistent with 19 CFR 351.213(d)(1), 
Commerce is rescinding this review with respect to Nanjing Dongsheng, 
Ningbo Xinguang Rack, and Xiamen Luckyroc.
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    \6\ See Nanjing Dongsheng Shelf Manufacturing Co., Ltd.'s 
(Nanjing Dongsheng) Letter, ``Withdraw of Request for Administrative 
Review,'' dated February 9, 2024; United Material Handling Inc.'s 
(United Material) Letter, ``Withdraw of Request for Administrative 
Review,'' dated February 9, 2024; and Ningbo Xinguang Rack Co., 
Ltd.'s (Ningbo Xinguang Rack) and Xiamen Luckyroc Industry Co., 
Ltd.'s (Xiamen Luckyroc) Letter, ``Withdrawal of Request for 
Administrative Review,'' dated February 13, 2024.
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    Further, pursuant to 19 CFR 351.213(d)(3), it is Commerce's 
practice to rescind an administrative review of an antidumping duty 
order where it concludes that there were no suspended entries of 
subject merchandise during the POR.\7\ Normally, upon completion of an 
administrative review, the suspended entries are liquidated at the 
antidumping duty assessment rate for the review period.\8\ Therefore, 
for an administrative review to be conducted, there must be a 
reviewable, suspended entry that Commerce can instruct U.S. Customs and 
Border Protection (CBP) to liquidate at the calculated antidumping duty 
assessment rate for the review period.\9\ Commerce notified all 
interested parties of its intent to rescind the instant review with 
respect to Hebei Minmetals Co., Ltd. (Hebei), Nanjing Ironstone Storage 
Equipment Co., Ltd. (Nanjing Ironstone), and Nanjing Kingmore Logistics 
Equipment Manufacturing Co., Ltd. (Nanjing Kingmore) because there were 
no reviewable, suspended entries of subject merchandise from these 
companies during the POR \10\ and invited interested parties to comment 
on Commerce's intention to rescind the review with respect to these 
companies.\11\ We received no comments regarding this matter. In the 
absence of any suspended entries of subject merchandise from these 
companies during the POR, we are rescinding this administrative review 
of Hebei, Nanjing Ironstone, Nanjing Kingmore, in accordance with 19 
CFR 351.213(d)(3).
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    \7\ See, e.g., Certain Carbon and Alloy Steel Cut-to Length 
Plate from the Federal Republic of Germany: Recission of Antidumping 
Administrative Review; 2020-2021, 88 FR 4154 (January 24, 2023).
    \8\ See 19 CFR 351.212(b)(1).
    \9\ See, e.g., Shanghai Sunbeauty Trading Co. v. United States, 
380 F. Supp. 3d 1328, 1337 (CIT 2019), at 12 (referring to section 
751(a) of the Act, the U.S. Court of International Trade held that 
``{w{time} hile the statute does not explicitly require that an 
entry be suspended as a prerequisite for establishing entitlement to 
a review, it does explicitly state the determined rate will be used 
as the liquidation rate for the reviewed entries. This result can 
only obtain if the liquidation of entries has been suspended''; see 
also Certain Frozen Fish Fillets from the Socialist Republic of 
Vietnam: Final Results of Antidumping Duty Administrative Review and 
Final Determination of No Shipments; 2018-2019, 86 FR 36102 (July 8, 
2021), and accompanying Issues and Decision Memorandum at Comment 4; 
and Solid Fertilizer Grade Ammonium Nitrate from the Russian 
Federation: Notice of Rescission of Antidumping Duty Administrative 
Review, 77 FR 65532 (October 29, 2012) (noting that ``for an 
administrative review to be conducted, there must be a reviewable, 
suspended entry to be liquidated at the newly calculated assessment 
rate'').
    \10\ See Memorandum, ``Automated Commercial System Shipment 
Query,'' dated November 30, 2023.
    \11\ See Memorandum, ``Notice of Intent to Rescind Review, In 
Part,'' dated July 16, 2024.
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Preliminary Affiliation and Single Entity Determination

    Based on record evidence in this review, Commerce preliminarily 
determines that mandatory respondent Jiangsu Nova Intelligent Logistics 
Equipment Co., Ltd. (Jiangsu Nova) and the following companies are 
affiliated, pursuant to section 771(33)(E) of the Tariff Act of 1930, 
as amended (the Act), and that they should be treated as a single 
entity, pursuant to 19 CFR 351.401(f)(1)-(2): (1) Nanjing Jinshidai 
Storage Equipment Co., Ltd., and (2) Hebei Nova Intelligent Logistics 
Equipment Co., Ltd. For additional information, see the Preliminary 
Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Act. Commerce calculated constructed export price 
in accordance with section 772 of the Act. Further, because China is a 
non-market economy (NME) country within the meaning of section 771(18) 
of the Act, Commerce calculated NV in accordance with section 773(c) of 
the Act. For a full description of the methodology underlying our 
preliminary results, see the Preliminary Decision Memorandum.

Separate Rates

    In all proceedings involving an NME country, Commerce maintains a 
rebuttable presumption that all companies are subject to government 
control and, thus, should be assessed a single weighted-average dumping 
margin unless the company can affirmatively demonstrate an absence of 
government control, both in law (de jure) and in fact (de facto), with 
respect to its exports (i.e., can affirmatively demonstrate that it is 
eligible for a separate rate).\12\ Commerce has preliminarily 
determined that information placed on the record by Jiangsu Nova 
demonstrates that this company is eligible for a separate rate.\13\
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    \12\ See Notice of Final Determination of Sales at Less Than 
Fair Value, and Affirmative Critical Circumstances, In Part: Certain 
Lined Paper Products from the People's Republic of China, 71 FR 
53079, 53082 (September 8, 2006); see also Final Determination of 
Sales at Less Than Fair Value and Final Partial Affirmative 
Determination of Critical Circumstances: Diamond Sawblades and Parts 
Thereof from the People's Republic of China, 71 FR 29303, 29307 (May 
22, 2006).
    \13\ See Preliminary Decision Memorandum.
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    However, Commerce has preliminarily determined that Jiangsu 
Starshine Industry Equipment Co., Ltd. (Starshine) has not demonstrated 
its eligibility for a separate rate because although it timely filed a 
separate rate application, it was selected as a mandatory respondent 
and failed to respond to Commerce's questionnaire. In the Initiation 
Notice, Commerce stated that ``. . . exporters and producers who submit 
a Separate Rate Application or Certification and subsequently are 
selected as mandatory respondents will no longer be eligible for 
separate rate status unless they respond to all parts of the 
questionnaire as mandatory respondents.'' \14\ Therefore, we have not 
granted Starshine a separate rate and have

[[Page 82215]]

treated it as part of the China-wide entity.
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    \14\ See Initiation Notice, 88 FR at 78299.
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The China-Wide Entity

    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\15\ Under this policy, 
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, 
which includes Starshine and Jiangsu JISE Intelligent Storage Equipment 
Co., Ltd. (JISE),\16\ the entity is not under review, and the entity's 
rate (i.e., 144.50 percent) \17\ is not subject to change.
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    \15\ 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).
    \16\ The record shows no suspended POR entries for JISE, and it 
did not have a separate rate during the POR; thus, it remains part 
of the China-wide entity.
    \17\ See Order, 84 FR at 48585.
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Preliminary Results of Review

    Commerce preliminarily determines that the following weighted-
average dumping margin exists for the period September 1, 2022, through 
August 31, 2023:

------------------------------------------------------------------------
                                                       Weighted-average
                      Exporter                          dumping margin
                                                          (percent)
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Jiangsu Nova Intelligent Logistics Equipment Co.,                 10.14
 Ltd./Nanjing Jinshidai Storage Equipment Co., Ltd./
 Hebei Nova Intelligent Logistics Equipment Co.,
 Ltd...............................................
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Disclosure and Public Comment

    Commerce intends to disclose the calculations and analysis that it 
performed in these preliminary results of review to parties to the 
proceeding within five days of any public announcement of these 
preliminary results or, if there is no public announcement, within five 
days of the date of publication of this notice in the Federal Register 
in accordance with 19 CFR 351.224(b).
    Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit 
case briefs to Commerce no later than 30 days after the date of 
publication of these preliminary results of review in the Federal 
Register. 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.\18\ Interested parties who submit case briefs or rebuttal 
briefs in this proceeding must submit: (1) a table of contents listing 
each issue addressed; and (2) a table of authorities.\19\
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    \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\ See 19 351.309(c)(2) and (d)(2).
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    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 briefs 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.\20\ Further, 
we request that interested parties limit their executive summary of 
each issue to no more than 450 words, not including citations. We 
intend to use the executive summaries as the basis of the comment 
summaries included in the issues and decision memorandum that we will 
issue for the final results in this administrative review. 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).\21\
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    \20\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \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 must submit a written hearing request to the 
Assistant Secretary for Enforcement and Compliance, filed 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
Requests should contain: (1) the requesting party's name, address, and 
telephone number; (2) the number of individuals from the requesting 
party that will attend the hearing and whether any of those individuals 
is a foreign national; and (3) a list of the issues the party intends 
to discuss at the hearing. Issues raised in the hearing by a party will 
be limited to those raised in the party's case and rebuttal briefs. An 
electronically filed hearing request must be received successfully in 
its entirety by Commerce's electronic records system, ACCESS, by 5 p.m. 
Eastern Time within 30 days after the date of publication of this 
notice.

Assessment Rates

    In accordance with section 751(a)(2)(C) of the Act, the assessment 
of antidumping duties on entries of merchandise covered by the review 
shall be based on the final results of this review. Therefore, upon 
issuance of the final results of review, Commerce will determine, and 
CBP shall assess, antidumping duties on all appropriate entries of 
subject merchandise covered by this review.\22\
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    \22\ See 19 CFR 351.212(b)(1).
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    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of these preliminary results 
in the Federal Register. If a timely summons is filed at the U.S. Court 
of International Trade, the assessment instructions will direct CBP not 
to liquidate relevant entries until the time for parties to file a 
request for a statutory injunction has expired (i.e., within 90 days of 
publication).
    Commerce will calculate importer or customer-specific assessment 
rates for the individually examined respondent, in accordance with 19 
CFR 351.212(b)(1).\23\ Where the respondent reported reliable entered 
values, Commerce will calculate importer or customer-specific ad 
valorem assessment rates by dividing the total amount of dumping 
calculated in the final results of this review for all reviewed U.S. 
sales to the importer/customer by the total entered value of the 
merchandise sold to the importer/customer.\24\ Where the respondent did 
not report entered values, Commerce will calculate importer or 
customer-specific per-unit assessment rates by dividing the total 
amount of dumping calculated in the final results of this

[[Page 82216]]

review for all reviewed U.S. sales to the importer/customer by the 
total quantity of those sales. While Commerce will calculate estimated 
ad valorem importer or customer-specific assessment rates to determine 
whether the per-unit assessment rates are de minimis, Commerce will use 
the per-unit assessment rates where entered values were not 
reported.\25\ Where either the respondent's ad valorem weighted-average 
dumping margin is zero or de minimis, or an importer or customer-
specific ad valorem assessment rate is zero or de minimis,\26\ Commerce 
will instruct CBP to liquidate the appropriate entries without regard 
to antidumping duties.
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    \23\ We applied the assessment rate calculation methodology 
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).
    \24\ See 19 CFR 351.212(b)(1).
    \25\ Id.
    \26\ See 19 CFR 351.106(c)(2).
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    Pursuant to a refinement to Commerce's assessment practice, where 
sales of subject merchandise exported by an individually examined 
respondent were not reported in the U.S. sales data submitted by the 
respondent, but the merchandise was entered into the United States 
during the POR, Commerce will instruct CBP to liquidate any entries of 
such merchandise at the antidumping duty assessment rate for the China-
wide entity.\27\
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    \27\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full 
discussion of this practice.
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    Commerce will instruct CBP to liquidate entries of subject 
merchandise exported by companies that are not eligible for a separate 
rate and which are therefore considered to be part of the China-wide 
entity, at the weighted-average dumping margin for the China-wide 
entity, i.e., 144.50 percent.\28\
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    \28\ See Order, 84 FR at 48586.
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    Pursuant to a refinement to Commerce's assessment practice, where 
sales of subject merchandise exported by an individually examined 
respondent were not reported in the U.S. sales data submitted by the 
respondent, but the merchandise was entered into the United States 
during the POR, Commerce will instruct CBP to liquidate any entries of 
such merchandise at the antidumping duty assessment rate for the China-
wide entity.\29\ Commerce will instruct CBP to liquidate entries of 
subject merchandise exported by the companies for which it rescinded 
the review at the cash deposit rate required at the time of entry.

Cash Deposit Requirements

    The following cash deposit requirements will be in effect for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on, or after, the date of publication of the notice of 
the final results of this administrative review in the Federal 
Register, as provided for by section 751(a)(2)(C) of the Act: (1) for 
an exporter granted a separate rate in the final results of this 
review, the cash deposit rate will be equal to the weighted-average 
dumping margin established in the final results of this review for the 
exporter (except, if the rate is de minimis, then a cash deposit rate 
of zero will be required); (2) for a previously investigated or 
reviewed exporter of subject merchandise not under review that has a 
separate rate, the cash deposit rate will continue to be the exporter's 
existing cash deposit rate; (3) for all China exporters of subject 
merchandise that do not have a separate rate, the cash deposit rate 
will be equal to the weighted-average dumping margin assigned to the 
China-wide entity, which is 144.50 percent; and (4) for a non-China 
exporter of subject merchandise that does not have a separate rate, the 
cash deposit rate will be equal to the weighted-average dumping margin 
applicable to the China exporter(s) that supplied that non-China 
exporter.
    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Final Results of Review

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

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during the 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.

Notification to Interested Parties

    We are issuing and publishing these preliminary results of review 
in accordance with sections 751(a)(l) and 777(i)(l) of the Act, and 19 
CFR 351.213(h)(2) and 351.221(b)(4).

    Dated: October 4, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix--List of Topics in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Affiliation and Single Entity Treatment
V. Discussion of Methodology
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2024-23486 Filed 10-9-24; 8:45 am]
BILLING CODE 3510-DS-P