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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 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. 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 . 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. 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. On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days. As a result, the deadline for these preliminary results is now September 6, 2024.
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).
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).
See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 71829 (October 18, 2023) ( Initiation Notice).
See Memorandum, “Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review,” dated April 9, 2024.
See Memorandum, “Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,” dated July 22, 2024.
For a complete description of the events that followed the initiation of this administrative review, see the Preliminary Decision Memorandum. 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.
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).
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). 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). 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.
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.
See Memorandum, “Notice of Intent to Rescind Review, In Part,” dated April 15, 2024.
Id.
Preliminary Determination of No Shipments
Based on the no-shipment certification provided by Zhejiang Xingyi Metal Products Co., Ltd. (ZXM), 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, 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.
See ZXM's Letter, “ZXM's Company Certification for Notice of No Sales,” dated November 17, 2023.
See XMT's Letter, “Comments on CBP Data,” dated November 24, 2023.
See Preliminary Decision Memorandum for further discussion.
Further, on April 2, 2024, Commerce notified parties that, as a result of its final results of changed circumstances review, 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. 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.
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).
See Memorandum, “Respondent Deselection and Selection of Replacement Mandatory Respondent,” dated April 2, 2024.
See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties,76 FR 65694 (October 24, 2011).
The China-Wide Entity
Under Commerce's policy regarding the conditional review of the China-wide entity, 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 entity's rate ( i.e., 322.25 percent) is not subject to change. For additional information, see the Preliminary Decision Memorandum.
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).
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:
| Exporter | Weighted-average dumping margin (percent) |
|---|---|
| Xingyi Metalworking Technology (Zhejiang) Co., Ltd | 61.44 |
| Hangzhou Evernew Machinery & Equipment Company Limited | 22.67 |