[Federal Register Volume 87, Number 107 (Friday, June 3, 2022)]
[Notices]
[Pages 33711-33713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11880]


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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: Amended Final Results of Antidumping Duty Administrative 
Review, 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) is amending the final 
results of the administrative review of the antidumping duty order on 
certain steel racks and parts thereof from the People's Republic of 
China to correct ministerial errors. The period of review is March 4, 
2019, through August 31, 2020.

DATES: Applicable June 3, 2022.

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 April 1, 2022, Commerce disclosed its margin calculations in the 
final results of the above-referenced review.\1\ On April 11, 2022, 
Nanjing Kingmore Logistics Equipment Manufacturing Co., Ltd. (Nanjing 
Kingmore), a mandatory respondent, timely alleged that Commerce made 
ministerial errors in calculating the company's weighted-average 
dumping margin in the Final Results.\2\
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    \1\ See Certain Steel Racks and Parts Thereof from the People's 
Republic of China: Final Results of Antidumping Duty Administrative 
Review and Final Determination of No Shipments; 2019-2020, 87 FR 
20817 (April 8, 2022) (Final Results), and accompanying Issues and 
Decision Memorandum; see also Memorandum, ``2019-2020 Antidumping 
Duty Administrative Review of Certain Steel Racks and Parts Thereof 
from the People's Republic of China: Final Results Analysis 
Memorandum for Nanjing Kingmore Logistics Equipment Manufacturing 
Co., Ltd.,'' dated April 1, 2022.
    \2\ See Nanjing Kingmore's Letter, ``Certain Steel Racks and 
Parts Thereof from the People's Republic of China, Case No. A-570-
088: Ministerial Error Allegation,'' dated April 11, 2022.
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Legal Framework

    Commerce's regulations stipulate that it will disclose its 
calculations to parties to the proceeding and that those parties may 
submit comments concerning any alleged ministerial errors.\3\ If 
appropriate, Commerce will correct any ministerial errors by amending 
its determination.\4\ Ministerial errors are defined as ``errors in 
addition, subtraction, or other arithmetic function, clerical errors 
resulting from inaccurate copying, duplication, or the like, and any 
other type of unintentional error which {Commerce{time}  considers 
ministerial.'' \5\
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    \3\ See 19 CFR 351.224(b) and (c)(l).
    \4\ See 19 CFR 351.224(e).
    \5\ See section 751(h) of the Tariff Act of 1930, as amended 
(the Act); see also 19 CFR 351.224(f).
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Ministerial Error

    Commerce committed inadvertent, unintentional errors within the 
meaning of section 751(h) of the Act and 19 CFR 351.224(f) when it: (1) 
Used a surrogate value for U.S. inland freight rates that was in the 
wrong unit of measure, and; (2) failed to convert Nanjing Kingmore's 
reported distances for calculating U.S. inland freight costs from a 
character variable to a numeric variable.\6\
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    \6\ See Memorandum, ``Administrative Review of the Antidumping 
Duty Order on Certain Steel Racks and Parts Thereof from the 
People's Republic of China: Ministerial Error Allegation,'' dated 
concurrently with this notice.
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    Accordingly, we are amending the Final Results to reflect the 
corrections of these ministerial errors in the calculation of the 
weighted-average dumping margin for Nanjing Kingmore.\7\ Further, we 
are amending the review-specific rate assigned to the non-examined, 
separate rate companies based on the weighted-average dumping

[[Page 33712]]

margins calculated for the mandatory respondents.\8\
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    \7\ See Memorandum, ``2019-2020 Antidumping Duty Administrative 
Review of Certain Steel Racks and Parts Thereof from the People's 
Republic of China: Amended Final Results Analysis Memorandum for 
Nanjing Kingmore Logistics Equipment Manufacturing Co., Ltd.,'' 
dated concurrently with this memorandum.
    \8\ See Memorandum, ``Antidumping Duty Administrative Review of 
Steel Racks and Parts Thereof from the People's Republic of China: 
Calculation of the Dumping Margin for Respondents Not Selected for 
Individual Examination for the Amended Final Results of Review,'' 
dated concurrently with this notice.
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Amended Final Results

    After correcting for the ministerial errors described above, we 
determine that the following weighted-average dumping margins exist for 
the period March 4, 2019, through August 31, 2020:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporter                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
Nanjing Kingmore Logistics Equipment Manufacturing Co.,            15.04
 Ltd....................................................
Review-Specific Rate Applicable to the Following Non-
 Examined Companies:
    Jiangsu Nova Intelligent Logistics Equipment Co.,              12.29
     Ltd................................................
    Nanjing Ironstone Storage Equipment Co., Ltd........           12.29
    Suzhou (China) Sunshine Hardware & Equipment Imp. &            12.29
     Exp. Co., Ltd......................................
    Xiamen Luckyroc Industry Co., Ltd...................           12.29
------------------------------------------------------------------------

Disclosure

    Pursuant to 19 CFR 351.224(b), within five days of the publication 
of this notice in the Federal Register, we will disclose to the parties 
to this proceeding, the calculations that we performed for these 
amended final results of review.

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(1), Commerce has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise covered by the amended final results of 
review. Commerce intends to issue assessment instructions to CBP no 
earlier than 35 days after the date of publication of these amended 
final results of review 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).
    Where the respondent's weighted-average dumping margin is zero or 
de minimis, or where an importer-specific ad valorem or per-unit rate 
is zero or de minimis, Commerce will instruct CBP to liquidate 
appropriate entries without regard to antidumping duties.\9\ For U.S. 
entries that were not reported in the U.S. sales data submitted by an 
exporter individually examined during this review, but that entered 
under the case number of that exporter (i.e., at the individually-
examined exporter's cash deposit rate), Commerce will instruct CBP to 
liquidate such entries at the cash deposit rate for the China-wide 
entity (i.e., 144.50 percent).
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    \9\ See 19 CFR 351.106(c)(2).
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    We calculated importer-specific per-unit assessment rates for 
Nanjing Kingmore by dividing the total amount of dumping for reviewed 
sales of subject merchandise imported by the importer, or for reviewed 
sales of subject merchandise to a customer, as appropriate, by the 
total sales quantity associated with those transactions.
    For the companies not individually examined in this administrative 
review that qualified for a separate rate, the assessment rate will be 
equal to the weighted-average dumping margins calculated for those 
companies in these amended final results of review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective for 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of this 
notice of the amended final results of review in the Federal Register, 
as provided by section 751(a)(2)(C) of the Act: (1) For the exporters 
listed in the table above, the cash deposit rate will be equal to the 
weighted-average dumping margin determined in these amended final 
results of review; (2) for previously investigated or reviewed China 
and non-China exporters not under review in this segment of the 
proceeding that have separate rates, the cash deposit rate will 
continue to be the existing exporter-specific cash deposit rate 
published from the completed segment for the most recent period; (3) 
for all China exporters of subject merchandise that have not been found 
to be entitled to a separate rate, the cash deposit rate will be the 
cash deposit rate previously established for the China-wide entity, 
which is 144.50 percent; and (4) for all non-China exporters of subject 
merchandise which have not received their own rate, the cash deposit 
rate will be the cash deposit rate applicable to the China exporter 
that supplied that non-China exporter.
    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

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 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 duties occurred and the subsequent 
assessment of double antidumping duties.

Notification Regarding Administrative Protective Order

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

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(h) and 777(i)(1) of the Act, and 19 CFR 351.224(e).


[[Page 33713]]


    Dated: May 25, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-11880 Filed 6-2-22; 8:45 am]
BILLING CODE 3510-DS-P