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Notice

Steel Racks From the People's Republic of China: Rescission of Countervailing Duty Administrative Review; 2022

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Document Details

Document Number2024-12087
TypeNotice
PublishedJun 3, 2024
Effective Date-
RIN-
Docket IDC-570-089
Text FetchedYes

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Related Documents (by RIN/Docket)

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2024-28506 Notice Steel Racks and Parts Thereof From the P... Dec 6, 2024

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Full Document Text (1,173 words · ~6 min read)

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<NOTICE> DEPARTMENT OF COMMERCE <SUBAGY>International Trade Administration</SUBAGY> <DEPDOC>[C-570-089]</DEPDOC> <SUBJECT>Steel Racks From the People's Republic of China: Rescission of Countervailing Duty Administrative Review; 2022</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Enforcement and Compliance, International Trade Administration, Department of Commerce. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The U.S. Department of Commerce (Commerce) is rescinding the administrative review of the countervailing duty (CVD) order on steel racks from the People's Republic of China (China), covering the period of review (POR), January 1, 2022, through December 31, 2022. </SUM> <DATES> <HD SOURCE="HED">DATES:</HD> Applicable June 3, 2024. </DATES> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Thomas Martin or Dylan 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) 482-3936 or (202) 482-1197, respectively. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Background</HD> On September 6, 2023, Commerce published in the <E T="04">Federal Register</E> a notice of opportunity to request an administrative review of the CVD order on steel racks from China. <SU>1</SU> <FTREF/> Commerce received a timely request for review of the order from the following exporters of subject merchandise: (1) Jiangsu JISE Intelligent Storage Equipment Co., Ltd. (Jiangsu JISE); (2) Jiangsu Nova Intelligent Logistics Equipment Co., Ltd (Jiangsu Nova); (3) Jiangsu Starshine Industry Equipment Co., Ltd. (Starshine); (4) Nanjing Dongsheng Shelf Manufacturing Co., Ltd. (Dongsheng); (5) Nanjing Ironstone Storage Equipment Co., Ltd. (Nanjing Ironstone); (6) Ningbo Xinguang Rack Co., Ltd. (Xinguang Rack); and (7) Xiamen Luckyroc Industry Co., Ltd. (Luckyroc). <SU>2</SU> <FTREF/> We received no other requests for review. On November 15, 2023, Commerce published in the <E T="04">Federal Register</E> a notice of initiation of an administrative review with respect to Dongsheng, Jiangsu JISE, Jiangsu Nova, Luckyroc, Nanjing Ironstone, Starshine, and Xinguang Rack, in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). <SU>3</SU> <FTREF/> On December 13, 2023, Commerce placed U.S. Customs and Border Protection (CBP) entry data for U.S. imports of the subject merchandise during the POR on the record for respondent selection purposes. <SU>4</SU> <FTREF/> <FTNT> <SU>1</SU>   <E T="03">See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review and Join Annual Inquiry Service List,</E> 88 FR 60923 (September 6, 2023). </FTNT> <FTNT> <SU>2</SU>   <E T="03">See</E> Dongsheng's Letter, “Request for Administrative Review,” dated September 29, 2023; and Nanjing Ironstone, Luckyroc, and Xinguang Racks's Letter, “Request for Administrative Review,” dated September 29, 2023; and Jiangsu Nova's Letter, “Request for Administrative Review,” dated September 15, 2023; and Starshine's Letter “Request for Administrative Review,” dated September 15, 2023; and Jiangsu JISE's Letter, “Request for Administrative Review,” dated September 15, 2023. </FTNT> <FTNT> <SU>3</SU>   <E T="03">See Initiation of Antidumping and Countervailing Duty Administrative Reviews,</E> 88 FR 78298 (November 15, 2023). </FTNT> <FTNT> <SU>4</SU>   <E T="03">See</E> Memorandum, “Customs Data for Respondent Selection,” dated December 13, 2023. </FTNT> On January 10, 2024, Commerce selected Dongsheng as the sole mandatory respondent, having accounted for all suspended entries of subject merchandise for all companies under review. <SU>5</SU> <FTREF/> Between January 30, 2024, and February 13, 2024, Dongsheng, Luckyroc, and Xinguang Rack timely withdrew their requests for administrative review. <SU>6</SU> <FTREF/> On March 18, 2024, Commerce notified all interested parties that in the absence of any suspended entries during the POR for Nanjing Ironstone, Jiangsu JISE, Starshine, and Jiangsu Nova, which are the only remaining companies subject to the instant administrative review, Commerce intended to rescind this review. <SU>7</SU> <FTREF/> Commerce provided all parties an opportunity to comment on CBP's findings. <SU>8</SU> <FTREF/> No parties submitted comments. <FTNT> <SU>5</SU>   <E T="03">See</E> Memorandum, “Respondent Selection,” dated January 10, 2024. </FTNT> <FTNT> <SU>6</SU>   <E T="03">See</E> Dongsheng's Letter, “Dongsheng Withdrawal of Request for Administrative Review,” dated January 30, 2024; and Luckyroc and Xinguang Rack's Letter, “Withdrawal of Request for Administrative Review,” dated February 13, 2024. </FTNT> <FTNT> <SU>7</SU>   <E T="03">See</E> Memorandum, “Notice of Intent to Rescind Review,” dated March 18, 2024. </FTNT> <FTNT> <SU>8</SU>   <E T="03">Id.</E> </FTNT> <HD SOURCE="HD1">Rescission of Review</HD> Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to rescind an administrative review of a CVD order where it concludes that there were no reviewable entries of subject merchandise during the POR. <SU>9</SU> <FTREF/> Normally, upon completion of an administrative review, the suspended entries are liquidated at the CVD assessment rate for the review period. <SU>10</SU> <FTREF/> Therefore, for an administrative review to be conducted, there must be a reviewable, suspended entry that Commerce can instruct CBP to liquidate at the calculated CVD assessment rate for the review period. <SU>11</SU> <FTREF/> As noted above, CBP data showed that there were no entries of subject merchandise during the POR with respect to Jiangsu JISE, Jiangsu Nova, Nanjing Ironstone, and Starshine, the companies remaining subject to this review. Accordingly, in the absence of reviewable, suspended entries of subject merchandise during the POR for any companies remaining under review and for which review requests have not been withdrawn, we are rescinding this administrative review,in its entirety, in accordance with 19 CFR 351.213(d)(3). <FTNT> <SU>9</SU>   <E T="03">See, e.g., Certain Hardwood Plywood Products from the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review and Rescission of Review, in Part; 2017-2018,</E> 84 FR 54844, 54845 and n.8 (October 11, 2019) (citing <E T="03">Lightweight Thermal Paper from the People's Republic of China: Notice of Rescission of Countervailing Duty Administrative Review; 2015,</E> 82 FR 14349 (March 20, 2017)). </FTNT> <FTNT> <SU>10</SU>   <E T="03">See</E> 19 CFR 351.212(b)(2). </FTNT> <FTNT> <SU>11</SU>   <E T="03">See</E> 19 CFR 351.213(d)(3). </FTNT> <HD SOURCE="HD1">Cash Deposit Requirements</HD> As Commerce has proceeded to a final rescission of this administrative review, no cash deposit rates will change. Accordingly, the current cash deposit requirements shall remain in effect until further notice. <HD SOURCE="HD1">Assessment</HD> Commerce will instruct CBP to assess countervailing duties on all appropriate entries. Because Commerce is rescinding this review in its entirety, the entries to which this administrative review pertained shall be assessed at rates equal to the cash deposit of estimated countervailing duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of this rescission notice in the <E T="04">Federal Register</E> . <HD SOURCE="HD1">Notification Regarding Administrative Protective Order</HD> This notice serves as a final 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 the APO materials, or conversion to judicial protective order is hereby requested. Failure to comply with regulations and terms of an APO is a violation, which is subject to sanction. <HD SOURCE="HD1">Notification to Interested Parties</HD> This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(l) of the Act, and 19 CFR 351.213(d)(4). <SIG> <DATED>Dated: May 28, 2024.</DATED> <NAME>James Maeder,</NAME> Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. </SIG> </SUPLINF> <FRDOC>[FR Doc. 2024-12087 Filed 5-31-24; 8:45 am]</FRDOC> </NOTICE>
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