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Enforcement and Compliance, International Trade Administration, Department of Commerce.
As a result of this expedited first sunset review, the U.S. Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) order on steel racks from the People's Republic of China (China) would likely lead to continuation or recurrence of dumping at the level indicated in the “Final Results of Expedited Sunset Review” section of this notice.
Applicable December 6, 2024.
Howard Smith, 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) 482-5193.
After Commerce initiated this sunset review [1] of the Order,[2] pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act), domestic interested parties [3] timely submitted a notices of intent to participate in the sunset review,[4] and an adequate substantive response regarding the sunset review.[5] The domestic interested parties claimed interested party status under section 771(9)(E) of the Act as a trade association of domestic producers of steel racks.[6] Commerce did not receive a substantive response from any respondent interested party, nor was a hearing requested. Consequently, on September 24, 2024, Commerce notified the U.S. International Trade Commission that it did not receive an adequate substantive response from any respondent interested parties.[7] As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) sunset review of the Order. The ( printed page 96948) deadline for the final results of this expedited sunset review is now November 29, 2024.
The merchandise subject to the Order is steel racks from China. For a complete description of the scope of the Order, see the Issues and Decisions Memorandum.[8]
A complete discussion of all issues raised in this sunset review, including the likelihood of continuation or recurrence of dumping and the magnitude of the dumping margin likely to prevail if the Order were to be revoked, is provided in the accompanying Issues and Decision Memorandum.[9] A list of the sections in the Issues and Decision Memorandum is in the appendix to this notice. The Issues and 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 Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, Commerce determines that revocation of the Order would likely lead to continuation or recurrence of dumping, and that the magnitude of the dumping margins likely to prevail are weighted-average dumping margins up to 144.50 percent.
This notice serves as the only reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a). Timely 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.
We are issuing, and publishing notice of, the results of this sunset review in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2) and 19 CFR 351.221(c)(5)(ii).
Dated: November 29, 2024.
Steven Presing,
Acting Deputy Assistant Secretary for Policy and Negotiations.
I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of Dumping
2. Magnitude of the Margins of Dumping Likely to Prevail
VII. Final Results of Sunset Review
VIII. Recommendation
1. See Initiation of Five-Year (Sunset) Reviews,89 FR 62717 (August 1, 2024).
Back to Citation2. See Certain Steel Racks and Parts Thereof from the People's Republic of China: Amended Final Affirmative Antidumping Duty Determination and Antidumping Duty Order,84 FR 48584 (September 16, 2019) ( Order).
Back to Citation3. The domestic interested parties are part of a coalition, Coalition for Fair Rack Imports (“CFRI”). The members of CFRI are Heartland Steel Products, Speed Rack Products Group, Ltd, Husky Rack and Wire, Steel King Industries Inc., Nucor Warehouse Systems, Tri-Boro Shelving & Partition Corp., Ridg-U-Rack, and UNARCO Material Handling, Inc.
Back to Citation4. See Coalition for Fair Rack Imports' Letter, “Notice of Intent to Participate in the First Five-Year Review,” dated August 16, 2024, (Domestic Interested Parties' Intent to Participate).
Back to Citation5. See Domestic Interested Parties' Letter, “Substantive Response to Notice of Initiation,” dated September 3, 2024 (Domestic Interested Parties' Substantive Response).
Back to Citation6. See Domestic Interested Parties' Intent to Participate.
Back to Citation7. See Commerce's Letter, “Sunset Reviews Initiated on August 1, 2024,” dated September 24, 2024; see also19 CFR 351.218(3)(1)(ii)(C)(1).
Back to Citation8. See Memorandum, “Issues and Decision Memorandum for the Final Results of the Expedited Sunset Review of the Antidumping Duty Order on Steel Racks from the People's Republic of China,” dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum).
Back to Citation9. Id.
Back to Citation[FR Doc. 2024-28505 Filed 12-5-24; 8:45 am]
BILLING CODE 3510-DS-P