- Effective Date: Jun 03, 2022
- Period of Review: Mar 04, 2019 to Aug 31, 2020
- Notice of Lifting of Suspension Date: Jun 03, 2022
- Cite as: 87 FR 33711
Cite date: Jun 03, 2022
This message may not be disclosed to the public.
The use of brackets in this message is for Commerce's purposes only.
1a.
For all shipments of certain steel racks and parts thereof from the People's Republic of China (China) produced and exported by Nanjing Kingmore Logistics Equipment Manufacturing Co., Ltd. (A-570-088-044) (this case number was not in place during the period of review -
entries may have come in under A-570-088-017, A-570-088-018, or A-570-088-000), imported by and/or sold to (as indicated on the commercial invoice or Customs documentation) the firms listed below, and entered, or withdrawn from warehouse, for consumption during the period 03/04/2019 through 08/31/2020, assess an antidumping liability equal to the percentages listed below of the entered value unless paragraph 2 or 3 is applicable:
Importer or Customer: [Nanjing Kingmore Logistics Equipment Manufacturing Co., Ltd.]
Final rate: [9.20%]
Importer and Customer: [Pallet Rack Warehouse and Supply]
Final rate: [29.14%].
1b.
For all shipments of certain steel racks and parts thereof from China produced and exported by Nanjing Kingmore Logistics Equipment Manufacturing Co., Ltd. (A-570-088-044) (this case number was not in place during the period of review -
entries may have come in under A-570-088-017, A-570-088-018, or A-570-088-000), imported by or sold to (as indicated on the commercial invoice or Customs documentation) the firms listed below, and entered, or withdrawn from warehouse, for consumption during the period 03/04/2019 through 08/31/2020, assess an antidumping liability equal to the per-unit amounts listed below unless paragraph 2 or 3 is applicable:
Importer or customer:
[A&A Surplus, Inc.]
Final rate:
[0.01 dollars per kilogram]
Importer or customer:
[ABC Quick Racking]
Final rate:
[0.08 dollars per kilogram]
Importer or customer:
[All States Rack Corp.]
Final rate:
[3.67 dollars per kilogram]
Importer or customer:
[Atlanta Liquidation LLC]
Final rate:
[0.00 dollars per kilogram]
Note: Liquidate at the rate above where [Atlanta Liquidation LLC] is the customer and the importer is not [Nanjing Kingmore Logistics Equipment Manufacturing Co., Ltd.]
Importer or customer:
[Barr, Inc]
Final rate:
[0.02 dollars per kilogram]
Note: Liquidate at the rate above where [Barr, Inc] is the customer and the importer is not [Nanjing Kingmore Logistics Equipment Manufacturing Co., Ltd.]
Importer or customer: [Bright Lights]
Final rate:
[0.69 dollars per kilogram]
Importer or customer:
[Clayton's Mercantile Supply]
Final rate:
[0.03 dollars per kilogram]
Importer or customer:
[Commercial Shelving, Inc.]
Final rate:
[2.13 dollars per kilogram]
Importer or customer:
[CONESCO Storage Systems]
Final rate:
[0.08 dollars per kilogram]
Importer or customer:
[DAK Equipment & Engineering Company]
Final rate:
[0.00 dollars per kilogram]
Importer or customer:
[Elite Storage Solutions]
Final rate:
[0.15 dollars per kilogram]
Importer or customer:
[Executive Systems Group, LLC]
Final rate:
[0.15 dollars per kilogram]
Importer or customer:
[First Access Equipment]
Final rate:
[0.06 dollars per kilogram]
Note: Liquidate at the rate above where [First Access Equipment] is the customer and the importer is not [Nanjing Kingmore Logistics Equipment Manufacturing Co., Ltd.]
Importer or customer:
[Forklift HQ LLC]
Final rate:
[0.32 dollars per kilogram]
Importer or customer:
[Horseware Products, Ltd.]
Final rate:
[0.85 dollars per kilogram]
Importer or customer:
[Mr. Racks LLC]
Final rate:
[0.06 dollars per kilogram]
Note: Liquidate at the rate above where [Mr. Racks LLC] is the customer and the importer is not [Nanjing Kingmore Logistics Equipment Manufacturing Co., Ltd.]
Importer or customer:
[New Era Products Inc.]
Final rate:
[0.08 dollars per kilogram]
Importer or customer:
[North Dallas Warehouse Equipment, Inc.]
Final rate:
[0.00 dollars per kilogram]
Importer or customer:
[Parsteel Shelving Co]
Final rate:
[0.25 dollars per kilogram]
Importer or customer:
[Premium Guard Inc.]
Final rate:
[0.13 dollars per kilogram]
Importer or customer:
[Public Auction Bakersfield LLC]
Final rate:
[1.55 dollars per kilogram]
Importer or customer:
[Raymond Handling Concepts Corporation]
Final rate:
[0.11 dollars per kilogram]
Importer or customer:
[Raymond Handling Solutions]
Final rate:
[0.09 dollars per kilogram]
Importer or customer:
[Raymond of New Jersey LLC]
Final rate:
[0.05 dollars per kilogram]
Importer or customer:
[Regal Logistics]
Final rate:
[0.29 dollars per kilogram]
Importer or customer:
[Shells by Design, LLC]
Final rate:
[2.70 dollars per kilogram]
Importer or customer:
[Speedrack West]
Final rate:
[0.10 dollars per kilogram]
Importer or customer:
[Speedshelf Systems, Inc]
Final rate:
[0.00 dollars per kilogram]
Importer or customer:
[The Warehouse, Inc.]
Final rate:
[0.10 dollars per kilogram]
Importer or customer:
[Titan Rack & Shelving, LLC]
Final rate:
[0.00 dollars per kilogram]
Importer or customer:
[Total Warehouse]
Final rate:
[0.16 dollars per kilogram]
Importer or customer:
[Tri County Racking Corp.]
Final rate:
[0.10 dollars per kilogram]
Importer or customer:
[Warehouse Equipment Co., Inc.]
Final rate:
[0.09 dollars per kilogram]
Customer: [Pallet Rack Warehouse and Supply]
Final rate: [0.04 dollar per kilogram]
Note: Liquidate at the rate above where [Pallet Rack Warehouse and Supply] is the customer and the importer is not [Pallet Rack Warehouse and Supply or Nanjing Kingmore Logistics Equipment Manufacturing Co., Ltd.].
1c.
For all shipments of certain steel racks and parts thereof from China exported by Nanjing Kingmore Logistics Equipment Manufacturing Co., Ltd., entered, or withdrawn from warehouse, for consumption during the period 03/04/2019 through 08/31/2020, and not covered by paragraphs 1a or 1b, assess antidumping duties at the China-wide rate unless paragraph 2 or 3 is applicable.
The China-wide rate is 144.50 percent.
2.
If a cash deposit was collected as security for an estimated antidumping duty for any shipment of merchandise described in paragraphs 1a through 1c that was entered, or withdrawn from warehouse, for consumption during the period 03/04/2019 (the first date of suspension of liquidation) through 08/30/2019 (the last day provisional measures are in effect), assess antidumping duty liabilities equal to the amount resulting from the application of paragraphs 1a through 1c or equal to the amount of the cash deposit, whichever is less.
3. Entries for the period 08/31/2019 through 09/12/2019 should be liquidated via message 9260306, dated 09/17/2019.
4.
Notice of the lifting of suspension of liquidation for entries of subject merchandise covered by paragraphs 1a through 1c occurred with the publication of the amended final results of administrative review (87 FR 33711, 06/03/2022).
Unless instructed otherwise, for all other shipments of certain steel racks and parts thereof from China you shall continue to collect cash deposits of estimated antidumping duties for the merchandise at the current rates or per-unit amounts.
5.
There are no injunctions applicable to the entries covered by this instruction.
6.
The assessment of antidumping duties by CBP on shipments or entries of this merchandise is subject to the provisions of section 778 of the Tariff Act of 1930, as amended.
Section 778 requires that CBP pay interest on overpayments or assess interest on underpayments of the required amounts deposited as estimated antidumping duties.
The interest provisions are not applicable to cash or bonds posted as estimated antidumping duties before the date of publication of the antidumping duty order.
Interest shall be calculated from the date payment of estimated antidumping duties is required through the date of liquidation.
The rate at which such interest is payable is the rate in effect under section 6621 of the Internal Revenue Code of 1954 for such period.
7.
Upon assessment of antidumping duties, CBP shall require that the importer provide a reimbursement certification in accordance with 19 CFR 351.402(f)(2) and as described under this paragraph:
a.
The importer must certify with CBP prior to liquidation (except as provided below) whether the importer has or has not been reimbursed or entered into any agreement or understanding for the payment or for the refunding to the importer by the manufacturer, producer, seller, or exporter for all or any part of the antidumping and/or countervailing duties, as appropriate.
Such certification should identify the commodity and country and contain the information necessary to link the certification to the relevant entry or entry line number(s).
b.
The certification may be filed either electronically or in paper in accordance with CBP's requirements, as applicable.
c.
If an importer does not provide its certification prior to liquidation, CBP may accept the certification in accordance with its protest procedures under 19 U.S.C. 1514, unless otherwise directed.
d.
Certifications are required for entries of the relevant commodity that have been imported on or after the date of publication of the antidumping notice in the Federal Register that first suspended liquidation in that proceeding.
e. Consistent with 19 CFR 351.402(f)(3), if an importer fails to file the certification, Commerce may presume that the importer was paid or reimbursed the antidumping or countervailing duties.
Therefore, if the importer does not provide the certification prior to liquidation (or as provided above), reimbursement of the duties shall be presumed.
Accordingly, if there is no certification with respect to the antidumping duty, CBP shall increase the antidumping duty by the amount of the antidumping duty.
In addition, if there is no certification with respect to any applicable countervailing duty, CBP shall increase the antidumping duty by the amount of the countervailing duty.
Further, if the importer certifies that it has an agreement with the manufacturer, producer, seller, or exporter, to be reimbursed antidumping duties, CBP shall increase the antidumping duty by the amount of the antidumping duty.
In addition, if the importer certifies that it has an agreement with the manufacturer, producer, seller, or exporter, to be reimbursed any applicable countervailing duties, CBP shall increase the antidumping duty by the amount of the countervailing duty.
8.
This instruction to liquidate entries covered by this message does not limit CBP's independent authority, including its authority to suspend, continue to suspend, or extend liquidation of entries addressed by this message.
Accordingly, CBP should examine all entries for which this message directs liquidation to determine whether any such entries are subject to suspension, continued suspension, or extension of liquidation pursuant to CBP's independent authority (e.g., Enforce and Protect Act under section 517 of the Tariff Act of 1930, as amended).
If entries of subject merchandise covered by this message are subject to suspension, continued suspension, or extension of liquidation pursuant to CBP's own authority, CBP port officials should follow CBP's internal procedures with respect to continuing any suspension, the lifting of suspension, and/or continuing any extension of liquidation for such entries.
9.
If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce at (202) 482-0984.
CBP ports should submit their inquiries through authorized CBP channels only.
(This message was generated by OIV:
JDH.)
10.
This message may not be disclosed to the public.
Alexander Amdur