Federal Register / Vol. 87, No. 107 / Friday, June 3, 2022 / Notices 33711 

1See 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. 

2See 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. 

3See 19 CFR 351.224(b) and (c)(l). 

4See 19 CFR 351.224(e). 

5See section 751(h) of the Tariff Act of 1930, as 

amended (the Act); see also 19 CFR 351.224(f). 

6See 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. 

7See 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. 

Canada 

The merchandise covered by the 

Canada Order consists of certain iron 

construction castings from Canada, 

limited to manhole covers, rings, and 

frames, catch basin grates and frames, 

clean-out covers, and frames used for 

drainage or access purposes for public 

utility, water and sanitary systems, 

classifiable as heavy castings under HTS 

item numbers 7325.10.0010, 

7325.10.0020, 7325.10.0025, 

7325.99.1000. The HTS item numbers 

are provided for convenience and 

customs purposes only. The written 

description remains dispositive. 

China 

The products covered by the China 

Order are certain iron construction 

castings, limited to manhole covers, 

rings and frames, catch basin grates and 

frames, cleanout covers and drains used 

for drainage or access purposes for 

public utilities, water and sanitary 

systems; and valve, service, and meter 

boxes which are placed below ground to 

encase water, gas, or other valves, or 

water or gas meters. These articles must 

be of cast iron, not alloyed, and not 

malleable. This merchandise is 

currently classifiable under the HTS 

item number 7325.10.0010 and 

7325.10.0050. The HTS item numbers 

are provided for convenience and 

customs purposes. The written product 

description remains dispositive. 

Continuation of the Orders 

As a result of the determinations by 

Commerce and the ITC that revocation 

of the Orders would likely lead to a 

continuation or a recurrence of dumping 

and countervailable subsidies and of 

material injury to an industry in the 

United States, pursuant to section 

751(d)(2) of the Act and 19 CFR 

351.218(a), Commerce hereby orders the 

continuation of the Orders. U.S. 

Customs and Border Protection will 

continue to collect AD and CVD cash 

deposits at the rates in effect at the time 

of entry for all imports of subject 

merchandise. The effective date of the 

continuation of the Orders will be the 

date of publication in the Federal 

Register of this notice of continuation. 

Pursuant to section 751(c)(2) of the Act 

and 19 CFR 351.218(c)(2), Commerce 

intends to initiate the next five-year 

review of the Orders not later than 30 

days prior to the fifth anniversary of the 

effective date of continuation. 

Administrative Protective Order 

This notice also serves as the only 

reminder to parties subject to 

administrative protective order (APO) of 

their responsibility concerning the 

return/destruction or conversion to 

judicial protective order of proprietary 

information disclosed under APO in 

accordance with 19 CFR 351.305(a)(3). 

Failure to comply is a violation of the 

APO which may be subject to sanctions. 

Notification to Interested Parties 

These five-year (sunset) reviews and 

this notice are in accordance with 

sections 751(c) of the Act, and 

published in accordance with section 

777(i) of the Act and 19 CFR 

351.218(f)(4). 

Dated: May 26, 2022. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

[FR Doc. 2022–11864 Filed 6–2–22; 8:45 am] 

BILLING CODE 3510–DS–P 

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

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} considers 

ministerial.’’ 5

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

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 reviewspecific rate assigned to the nonexamined, separate rate companies 

based on the weighted-average dumping 


khammond on DSKJM1Z7X2PROD with NOTICES
33712 Federal Register / Vol. 87, No. 107 / Friday, June 3, 2022 / Notices 

8See 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. 

9See 19 CFR 351.106(c)(2). 

margins calculated for the mandatory 

respondents.8

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: 

Exporter 

Weightedaverage 

dumping 

margin 

(percent) 

Nanjing Kingmore Logistics Equipment Manufacturing Co., Ltd ......................................................................................................... 15.04 

Review-Specific Rate Applicable to the Following Non-Examined Companies:

Jiangsu Nova Intelligent Logistics Equipment Co., Ltd ................................................................................................................ 12.29 

Nanjing Ironstone Storage Equipment Co., Ltd ........................................................................................................................... 12.29 

Suzhou (China) Sunshine Hardware & Equipment Imp. & Exp. Co., Ltd ................................................................................... 12.29 

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 weightedaverage 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). 

We calculated importer-specific perunit 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 nonChina exporters not under review in this 

segment of the proceeding that have 

separate rates, the cash deposit rate will 

continue to be the existing exporterspecific 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). 


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Federal Register / Vol. 87, No. 107 / Friday, June 3, 2022 / Notices 33713 

1See Crystalline Silicon Photovoltaic Cells, 

Whether or Not Assembled Into Modules, from the 

People’s Republic of China: Final Results of 

Countervailing Duty Administrative Review and 

Recession of Review, in Part; 2016, 84 FR 45125 

(August 28, 2019) (Final Results), and 

accompanying Issues and Decision Memorandum, 

as amended by Crystalline Silicon Photovoltaic 

Cells, Whether or Not Assembled Into Modules, 

From the People’s Republic of China: Amended 

Final Results of Countervailing Duty Administrative 

Review; 2016, 84 FR 68102 (December 13, 2019) 

(Amended Final Results). 2See Canadian Solar Inc. v. United States, 537 F. 

Supp. 3d 1380 (CIT 2021). 3 Id. 

4See Canadian Solar Inc. v. United States, CIT 

Consolidated Court No. 19–00178, ‘‘Final Results of 

Redetermination Pursuant to Court Remand,’’ dated 

December 13, 2021 (Remand Redetermination). 

5See Canadian Solar Inc., et al. v. United States, 

Slip Op. 22–49 (CIT May 19, 2022). 

6 Id. 

7 Id. 

8See Timken Co. v. United States, 893 F.2d 337 

(Fed. Cir. 1990) (Timken). 

9See Diamond Sawblades Mfrs. Coalition v. 

United States, 626 F.3d 1374 (Fed. Cir. 2010). 

10See Remand Redetermination at 56. 

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 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–980] 

Crystalline Silicon Photovoltaic Cells, 

Whether or Not Assembled Into 

Modules, From the People’s Republic 

of China: Notice of Court Decision Not 

in Harmony With Final Results of 

Countervailing Duty Administrative 

Review and Notice of Amended Final 

Results 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On May 19, 2022, the U.S. 

Court of International Trade (the Court) 

entered judgment sustaining the final 

results of remand redetermination 

pursuant to court order by the U.S. 

Department of Commerce (Commerce) 

pertaining to the 2016 countervailing 

duty (CVD) administrative review of the 

order on crystalline silicon photovoltaic 

cells, whether or not assembled into 

modules (solar cells) from the People’s 

Republic of China (China). Commerce is 

notifying the public that the final 

judgment in this case is not in harmony 

with Commerce’s final results in the 

2016 administrative review of solar cells 

from China and that Commerce is 

amending the final results. 

DATES: Applicable May 29, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Gene H. Calvert, AD/CVD Operations, 

Office VII, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–3586. 

SUPPLEMTARY INFORMATION: 

Background 

On August 28, 2019, Commerce 

published its final results of the 2016 

administrative review of solar cells from 

China.1 Commerce reached affirmative 

determinations for mandatory 

respondents Canadian Solar Inc. and its 

cross-owned affiliates (collectively, 

Canadian Solar) and Jinko Solar Import 

and Export Co., Ltd. and its cross-owned 

affiliates (collectively, Jinko Solar), as 

well as for numerous other producers 

and exporters not selected for 

individual review. 

On September 3, 2021, the Court 

remanded aspects of the Final Results to 

Commerce for further consideration.2

The Court remanded Commerce’s 

determinations regarding Commerce’s 

calculation of the benchmark for 

aluminum extrusions; the determination 

of the benchmark for solar grade 

polysilicon; the use of adverse facts 

available (AFA) in its specificity finding 

for the provision of electricity for less 

than adequate remuneration (LTAR); the 

determination not to grant an entered 

value adjustment (EVA); and the 

determination regarding the Export 

Buyer’s Credit Program.3

In its remand redetermination, issued 

in December 2021,4 Commerce provided 

additional explanation and evidence for 

its determinations and revised certain 

determinations consistent with the 

Court’s remand order, and the Court 

sustained Commerce’s remand 

redetermination in full.5 Specifically, 

the Court found that Commerce’s 

determination to solely rely on data 

from IHS to establish a benchmark for 

aluminum extrusions, its determination 

that AFA was warranted regarding its 

specificity determination for the 

provision of electricity for LTAR 

because the Government of China (GOC) 

did not provide requested information, 

and that Commerce’s explanation that 

China’s solar-grade polysilicon market 

is distorted due to significant 

government participation by the GOC, 

all complied with the Court’s order.6

The Court also found that the granting 

of the EVA and removal of the subsidy 

rate for the Export Buyer’s Credit 

Program satisfied the options as 

provided by the Court.7

Timken Notice 

In its decision in Timken,8 as clarified 

by Diamon Sawblades,9 the U.S. Court 

of Appeals for the Federal Circuit held 

that, pursuant to section 516A(c) of the 

Tariff Act of 1930, as amended (the Act), 

Commerce must publish a notice of 

court decision that is not ‘‘in harmony’’ 

with a Commerce determination and 

must suspend liquidation of entries 

pending a ‘‘conclusive’’ court decision. 

The Court’s May 19, 2020 judgment 

constitutes a final decision of the Court 

that is not in harmony with Commerce’s 

Final Results and Amended Final 

Results. This notice is published in 

fulfillment of the publication 

requirements of Timken. Accordingly, 

Commerce will continue suspension of 

liquidation of subject merchandise 

pending expiration of the period of 

appeal or, if appealed, pending a final 

and conclusive court decision. 

Amended Final Results 

Because there is now a final court 

decision, Commerce is amending the 

Amended Final Results with respect to 

Canadian Solar, Jinko Solar, and for all 

other producers and exporters subject to 

this review. The revised total net 

countervailable subsidy rates for 

Canadian Solar and Jinko Solar for the 

period January 1, 2016, through 

December 31, 2016, are as follows: 10

Producer/exporter Subsidy rate 

(percent ad valorem) 

Canadian Solar Inc. and Cross-Owned Affiliates 11 ............................................................................................................ 3.65 

Jinko Solar Import and Export Co., Ltd. and Cross-Owned Affiliates 12 ............................................................................. 5.86 


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