Boltless Steel Shelving Units Prepackaged for Sale From the People's Republic of China: Amended Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 21207-21208 [2015-08898]
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Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices
and rear wheeled chassis are of integrated
construction, and the cargo box of the unit
may not be separated from the chassis for
further intermodal transport; (3) container
chassis, whether or not imported with
domestic containers, but the domestic
containers remain subject merchandise, to
the extent they meet the written description
of the scope. Imports of the subject
merchandise are provided for under
subheading 8609.00.0000 of the Harmonized
Tariff Schedule of the United States
(HTSUS). Imports of the subject merchandise
which meet the definition of and
requirements for ‘‘instruments of
international traffic’’ pursuant to 19 U.S.C.
1322 and 19 CFR10.41a may be classified
under subheading 9803.00.50, HTSUS. While
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the subject
merchandise as set forth herein is
dispositive.
[FR Doc. 2015–08903 Filed 4–16–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Adminstration
[A–570–018]
Boltless Steel Shelving Units
Prepackaged for Sale From the
People’s Republic of China: Amended
Preliminary Determination of Sales at
Less Than Fair Value and
Postponement of Final Determination
Enforcement and Compliance,
International Trade Administration,
Commerce.
SUMMARY: On April 1, 2015, the
Department of Commerce
(‘‘Department’’) published the
Preliminary Determination of sales at
less than fair value (‘‘LTFV’’) in the
antidumping duty investigation of
boltless steel shelving units
prepackaged for sale (‘‘boltless steel
shelving’’) from the People’s Republic of
China (‘‘PRC’’).1 We are amending our
Preliminary Determination to correct a
ministerial error with respect to the
identification of companies receiving a
separate rate. Specifically, we are
amending the Preliminary
Determination to grant a separate rate to
HoiFat (NingBo) Office Facilities Co.,
Ltd. (‘‘Hoifat’’).
DATES: Effective: April 1, 2015.
FOR FURTHER INFORMATION CONTACT:
Kabir Archuletta, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
tkelley on DSK3SPTVN1PROD with NOTICES
AGENCY:
1 See Boltless Steel Shelving Units Prepackaged
for Sale from the People’s Republic of China:
Preliminary Determination of Sales at Less than
Fair Value, 80 FR 17409 (April 1, 2015)
(‘‘Preliminary Determination’’).
VerDate Sep<11>2014
19:08 Apr 16, 2015
Jkt 235001
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–2593.
SUPPLEMENTARY INFORMATION: As noted
above, on April 1, 2015, the Department
published in the Federal Register the
Preliminary Determination that boltless
steel shelving from the PRC is being, or
is likely to be, sold in the United States
at LTFV, as provided in section 733 of
the Tariff Act of 1930, as amended
(‘‘Act’’).2 On March 30, 2015, Hoifat
filed timely allegations of ministerial
errors contained in the Department’s
Preliminary Determination.3
Period of Investigation
The period of investigation (‘‘POI’’) is
January 1, 2014, through June 30, 2014.4
Scope of Investigation
The scope of this investigation covers
boltless steel shelving units
prepackaged for sale, with or without
decks (‘‘boltless steel shelving’’). The
term ‘‘prepackaged for sale’’ means that,
at a minimum, the steel vertical
supports (i.e., uprights and posts) and
steel horizontal supports (i.e., beams,
braces) necessary to assemble a
completed shelving unit (with or
without decks) are packaged together for
ultimate purchase by the end-user.
Subject boltless steel shelving enters the
United States through Harmonized
Tariff Schedule of the United States
(‘‘HTSUS’’) statistical subheadings
9403.20.0018 and 9403.20.0020, but
may also enter through HTSUS
9403.10.0040. While HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope of this
investigation is dispositive.5
Significant Ministerial Error
Pursuant to 19 CFR 351.224(e) and
(g)(1), the Department is amending the
Preliminary Determination to reflect the
correction of a significant ministerial
error it made in the margin assigned to
Hoifat, a separate rate applicant. A
ministerial error is defined as errors in
addition, subtraction, or other
2 See
Preliminary Determination.
Letter to the Secretary of Commerce from
Hoifat ‘‘Ministerial Error Comment’’ (March 30,
2015) (‘‘Hoifat Ministerial Comment’’).
4 See 19 CFR 351.204(b)(1).
5 For a complete description of the scope of the
investigation, see Memorandum from Kabir
Archuletta, Senior International Trade Analyst,
Office V, to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty
Operations, ‘‘Antidumping Duty Investigation of
Boltless Steel Shelving Units Prepackaged for Sale
from the People’s Republic of China: Analysis of
Ministerial Error Allegation,’’ which is dated
concurrently with and hereby adopted by this
notice.
3 See
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
21207
arithmetic function, clerical error
resulting from inaccurate copying,
duplication, or the like, and any other
similar type of unintentional error
which the Secretary considers
ministerial.6 A significant ministerial
error is defined as a ministerial error,
the correction of which, singly or in
combination with other errors, would
result in (1) a change of at least five
absolute percentage points in, but not
less than 25 percent of, the weightedaverage dumping margin calculated in
the original (erroneous) preliminary
determination, or (2) a difference
between a weighted-average dumping
margin of zero or de minimis and a
weighted-average dumping margin of
greater than de minimis or vice versa.7
As a result of this amended preliminary
determination, we have added Hoifat to
the list of exporters that received a
separate rate.8
Ministerial Error Allegations
On March 30, 2015, Hoifat, a separate
rate applicant,9 submitted a ministerial
error allegation claiming that although
Hoifat filed a quantity and value
response and a separate rate application
in this investigation, its separate rate
status was not analyzed and it was not
named in the Preliminary Determination
as one of the exporters receiving a
separate rate.10 The Department
reviewed the record and agrees that this
constitutes a significant ministerial error
within the meaning of 19 CFR
351.224(g). In its SRA, Hoifat submitted
information supporting a preliminary
finding of an absence of de jure and de
facto government control.11
Accordingly, we preliminarily
determine that Hoifat is eligible for a
separate rate, because the failure to
conduct a separate rate analysis was an
unintentional error. Further, this error
was significant because Hoifat’s margin
increased from the separate rate of 52.23
to the PRC-wide rate of 112.68 as a
result of this error, thus exceeding the
significant error threshold because a
correction of this error results in a
change of at least five absolute
percentage points.
The collection of cash deposits and
suspension of liquidation will be
revised accordingly in accordance with
6 See
section 735(e) of the Act.
19 CFR 351.224(g).
8 See the ‘‘Amended Preliminary Determination’’
section below.
9 See Letter to the Secretary of Commerce from
Hoifat ‘‘Separate Rate Application’’ (November 21,
2014) (‘‘SRA’’).
10 See Hoifat Ministerial Comment.
11 See Letter to the Secretary of Commerce from
Hoifat ‘‘Separate Rate Application’’ (November 21,
2014) at 5–15 and Exhibits 3–14.
7 See
E:\FR\FM\17APN1.SGM
17APN1
21208
Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices
section 733(d) and (f) of the Act and 19
CFR 351.224. Because the amended rate
for Hoifat results in a reduced cash
deposit rate, the rate for Hoifat will be
effective retroactively to April 1, 2015,
the date of publication of the
Preliminary Determination.
Amended Preliminary Determination
As a result of this amended
preliminary determination, we have
revised the preliminary estimated
weighted-average dumping margin for
Hoifat as follows:
Weighted-average
margin
(percent)
Producer
Zhongda United Holding Group Co., Ltd ...............................
Jiaxing Zhongda Import & Export Co., Ltd .............................
Nanjing Topsun Racking Manufacturing Co., Ltd ..................
Ningbo ETDZ Huixing Trade Co., Ltd ....................................
Ningbo ETDZ Huixing Trade Co., Ltd ....................................
Ningbo ETDZ Huixing Trade Co., Ltd ....................................
Meridian International Co., Ltd ...............................................
Zhejiang Limai Metal Products Co., Ltd .................................
HoiFat (NingBo) Office Facilities Co., Ltd ..............................
PRC-Wide Entity .....................................................................
tkelley on DSK3SPTVN1PROD with NOTICES
Exporter
Jiaxing Zhongda Metalwork Co., Ltd .....................................
Jiaxing Zhongda Metalwork Co., Ltd .....................................
Nanjing Topsun Racking Manufacturing Co., Ltd ..................
Haifa (Ningbo) Office Equipment Co., Ltd .............................
Ningbo Decko Metal Products Trade Co., Ltd .......................
Lianfa Metal Product Co., Ltd ................................................
Zhejiang Limai Metal Products Co. Ltd ..................................
Zhejiang Limai Metal Products Co., Ltd .................................
HoiFat (NingBo) Office Facilities Co., Ltd ..............................
.................................................................................................
Postponement of the Final
Determination
In the Preliminary Determination, the
Department stated that it would make
its final determination for this
antidumping duty investigation no later
than 75 days after the preliminary
determination.
Section 735(a)(2) of the Tariff Act of
1930 (‘‘the Act’’) provides that a final
determination may be postponed until
not later than 135 days after the date of
the publication of the preliminary
determination if, in the event of an
affirmative determination, a request for
such postponement is made by
exporters who account for a significant
proportion of exports of the subject
merchandise, or in the event of a
negative preliminary determination, a
request for such postponement is made
by petitioner. In addition, section
351.210(e)(2) of the Department’s
regulations require that requests by
respondents for postponement of a final
determination be accompanied by a
request for extension of provisional
measures from a four month period to
not more than six months.
On April 7, 2015, Zhongda United
Holding Group Co., Ltd., one of the two
mandatory respondents in this
investigation, requested a 60-day
extension of the final determination and
extension of the provisional measures.
Thus, because our amended preliminary
determination is affirmative, and the
respondent requesting a postponement
of the final determination and an
extension of the provisional measures
accounts for a significant proportion of
exports of boltless steel shelving, and no
compelling reasons for denial exist, we
are postponing the deadline for the final
determination by 60 days until August
14, 2015, based on the publication date
of the
VerDate Sep<11>2014
19:08 Apr 16, 2015
Jkt 235001
Preliminary Determination
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, we notified the International
Trade Commission of our amended
preliminary determination.
This amended preliminary
determination is issued and published
in accordance with sections 733(f) and
777(i)(1) of the Act and 19 CFR
351.224(e).
Dated: April 10, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2015–08898 Filed 4–16–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–822]
Helical Spring Lock Washers From the
People’s Republic of China: Amended
Final Results of Antidumping Duty
Administrative Review; 2012–2013
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Department) is amending the final
results of the administrative review of
the antidumping duty order on certain
helical spring lock washers (HSLW)
from the People’s Republic of China
(PRC) 1 to correct a ministerial error.
AGENCY:
1 See Helical Spring Lock Washers from the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review; 2012–
2013, 80 FR 13833 (March 17, 2015) (Final Results)
and accompanying ‘‘Issues and Decision
Memorandum for the Final Results of Antidumping
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
22.64
22.64
85.26
50.23
50.23
50.23
50.23
50.23
50.23
112.68
The period of review (POR) is October
1, 2012, through September 30, 2013.
DATES: Effective Date: April 17, 2015.
FOR FURTHER INFORMATION CONTACT:
Sergio Balbontin, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone 202–
482–6478.
SUPPLEMENTARY INFORMATION:
Background
On March 9, 2015, the Department
disclosed to interested parties its
calculations for the Final Results.2 On
March 16, 2015 we received a
ministerial error allegation from Jiangsu
RC Import & Export Co., Ltd. (Jiangsu
RC).3
Scope of the Order
The merchandise subject to the order
are HSLWs. The product is currently
classified under subheading
7318.21.0000, 7318.21.0030, and
7318.21.0090 of the Harmonized Tariff
Schedule of the United States (HTSUS).
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written product
description is dispositive. A full
description of the scope of the order is
Duty Administrative Review: Helical Spring Lock
Washers from the People’s Republic of China;
2012–2013’’ (Issues and Decision Memorandum).
2 See Memorandum, ‘‘Final Results of the
Eighteenth Administrative Review of Helical Spring
Lock Washers from the People’s Republic of China:
Analysis of the Preliminary Results Margin
Calculation for Jiangsu RC Import & Export Co.,
Ltd.’’ dated March 9, 2015 (Calculation
Memorandum).
3 See letter from Jiangsu RC, ‘‘RC Final Results
Ministerial Error Comments: Antidumping Duty
Order on Helical Spring Lock Washers from the
People’s Republic of China’’ dated March 16, 2015.
E:\FR\FM\17APN1.SGM
17APN1
]]>Agencies
[Federal Register Volume 80, Number 74 (Friday, April 17, 2015)]
[Notices]
[Pages 21207-21208]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-08898]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Adminstration
[A-570-018]
Boltless Steel Shelving Units Prepackaged for Sale From the
People's Republic of China: Amended Preliminary Determination of Sales
at Less Than Fair Value and Postponement of Final Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Commerce.
SUMMARY: On April 1, 2015, the Department of Commerce (``Department'')
published the Preliminary Determination of sales at less than fair
value (``LTFV'') in the antidumping duty investigation of boltless
steel shelving units prepackaged for sale (``boltless steel shelving'')
from the People's Republic of China (``PRC'').\1\ We are amending our
Preliminary Determination to correct a ministerial error with respect
to the identification of companies receiving a separate rate.
Specifically, we are amending the Preliminary Determination to grant a
separate rate to HoiFat (NingBo) Office Facilities Co., Ltd.
(``Hoifat'').
---------------------------------------------------------------------------
\1\ See Boltless Steel Shelving Units Prepackaged for Sale from
the People's Republic of China: Preliminary Determination of Sales
at Less than Fair Value, 80 FR 17409 (April 1, 2015) (``Preliminary
Determination'').
---------------------------------------------------------------------------
DATES: Effective: April 1, 2015.
FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
2593.
SUPPLEMENTARY INFORMATION: As noted above, on April 1, 2015, the
Department published in the Federal Register the Preliminary
Determination that boltless steel shelving from the PRC is being, or is
likely to be, sold in the United States at LTFV, as provided in section
733 of the Tariff Act of 1930, as amended (``Act'').\2\ On March 30,
2015, Hoifat filed timely allegations of ministerial errors contained
in the Department's Preliminary Determination.\3\
---------------------------------------------------------------------------
\2\ See Preliminary Determination.
\3\ See Letter to the Secretary of Commerce from Hoifat
``Ministerial Error Comment'' (March 30, 2015) (``Hoifat Ministerial
Comment'').
---------------------------------------------------------------------------
Period of Investigation
The period of investigation (``POI'') is January 1, 2014, through
June 30, 2014.\4\
---------------------------------------------------------------------------
\4\ See 19 CFR 351.204(b)(1).
---------------------------------------------------------------------------
Scope of Investigation
The scope of this investigation covers boltless steel shelving
units prepackaged for sale, with or without decks (``boltless steel
shelving''). The term ``prepackaged for sale'' means that, at a
minimum, the steel vertical supports (i.e., uprights and posts) and
steel horizontal supports (i.e., beams, braces) necessary to assemble a
completed shelving unit (with or without decks) are packaged together
for ultimate purchase by the end-user. Subject boltless steel shelving
enters the United States through Harmonized Tariff Schedule of the
United States (``HTSUS'') statistical subheadings 9403.20.0018 and
9403.20.0020, but may also enter through HTSUS 9403.10.0040. While
HTSUS subheadings are provided for convenience and customs purposes,
the written description of the scope of this investigation is
dispositive.\5\
---------------------------------------------------------------------------
\5\ For a complete description of the scope of the
investigation, see Memorandum from Kabir Archuletta, Senior
International Trade Analyst, Office V, to Christian Marsh, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, ``Antidumping Duty Investigation of Boltless Steel
Shelving Units Prepackaged for Sale from the People's Republic of
China: Analysis of Ministerial Error Allegation,'' which is dated
concurrently with and hereby adopted by this notice.
---------------------------------------------------------------------------
Significant Ministerial Error
Pursuant to 19 CFR 351.224(e) and (g)(1), the Department is
amending the Preliminary Determination to reflect the correction of a
significant ministerial error it made in the margin assigned to Hoifat,
a separate rate applicant. A ministerial error is defined as errors in
addition, subtraction, or other arithmetic function, clerical error
resulting from inaccurate copying, duplication, or the like, and any
other similar type of unintentional error which the Secretary considers
ministerial.\6\ A significant ministerial error is defined as a
ministerial error, the correction of which, singly or in combination
with other errors, would result in (1) a change of at least five
absolute percentage points in, but not less than 25 percent of, the
weighted-average dumping margin calculated in the original (erroneous)
preliminary determination, or (2) a difference between a weighted-
average dumping margin of zero or de minimis and a weighted-average
dumping margin of greater than de minimis or vice versa.\7\ As a result
of this amended preliminary determination, we have added Hoifat to the
list of exporters that received a separate rate.\8\
---------------------------------------------------------------------------
\6\ See section 735(e) of the Act.
\7\ See 19 CFR 351.224(g).
\8\ See the ``Amended Preliminary Determination'' section below.
---------------------------------------------------------------------------
Ministerial Error Allegations
On March 30, 2015, Hoifat, a separate rate applicant,\9\ submitted
a ministerial error allegation claiming that although Hoifat filed a
quantity and value response and a separate rate application in this
investigation, its separate rate status was not analyzed and it was not
named in the Preliminary Determination as one of the exporters
receiving a separate rate.\10\ The Department reviewed the record and
agrees that this constitutes a significant ministerial error within the
meaning of 19 CFR 351.224(g). In its SRA, Hoifat submitted information
supporting a preliminary finding of an absence of de jure and de facto
government control.\11\ Accordingly, we preliminarily determine that
Hoifat is eligible for a separate rate, because the failure to conduct
a separate rate analysis was an unintentional error. Further, this
error was significant because Hoifat's margin increased from the
separate rate of 52.23 to the PRC-wide rate of 112.68 as a result of
this error, thus exceeding the significant error threshold because a
correction of this error results in a change of at least five absolute
percentage points.
---------------------------------------------------------------------------
\9\ See Letter to the Secretary of Commerce from Hoifat
``Separate Rate Application'' (November 21, 2014) (``SRA'').
\10\ See Hoifat Ministerial Comment.
\11\ See Letter to the Secretary of Commerce from Hoifat
``Separate Rate Application'' (November 21, 2014) at 5-15 and
Exhibits 3-14.
---------------------------------------------------------------------------
The collection of cash deposits and suspension of liquidation will
be revised accordingly in accordance with
[[Page 21208]]
section 733(d) and (f) of the Act and 19 CFR 351.224. Because the
amended rate for Hoifat results in a reduced cash deposit rate, the
rate for Hoifat will be effective retroactively to April 1, 2015, the
date of publication of the Preliminary Determination.
Amended Preliminary Determination
As a result of this amended preliminary determination, we have
revised the preliminary estimated weighted-average dumping margin for
Hoifat as follows:
------------------------------------------------------------------------
Weighted-average
Exporter Producer margin (percent)
------------------------------------------------------------------------
Zhongda United Holding Group Jiaxing Zhongda 22.64
Co., Ltd. Metalwork Co.,
Ltd.
Jiaxing Zhongda Import & Export Jiaxing Zhongda 22.64
Co., Ltd. Metalwork Co.,
Ltd.
Nanjing Topsun Racking Nanjing Topsun 85.26
Manufacturing Co., Ltd. Racking
Manufacturing
Co., Ltd.
Ningbo ETDZ Huixing Trade Co., Haifa (Ningbo) 50.23
Ltd. Office Equipment
Co., Ltd.
Ningbo ETDZ Huixing Trade Co., Ningbo Decko Metal 50.23
Ltd. Products Trade
Co., Ltd.
Ningbo ETDZ Huixing Trade Co., Lianfa Metal 50.23
Ltd. Product Co., Ltd.
Meridian International Co., Ltd. Zhejiang Limai 50.23
Metal Products
Co. Ltd.
Zhejiang Limai Metal Products Zhejiang Limai 50.23
Co., Ltd. Metal Products
Co., Ltd.
HoiFat (NingBo) Office HoiFat (NingBo) 50.23
Facilities Co., Ltd. Office Facilities
Co., Ltd.
PRC-Wide Entity................. .................. 112.68
------------------------------------------------------------------------
Postponement of the Final Determination
In the Preliminary Determination, the Department stated that it
would make its final determination for this antidumping duty
investigation no later than 75 days after the preliminary
determination.
Section 735(a)(2) of the Tariff Act of 1930 (``the Act'') provides
that a final determination may be postponed until not later than 135
days after the date of the publication of the preliminary determination
if, in the event of an affirmative determination, a request for such
postponement is made by exporters who account for a significant
proportion of exports of the subject merchandise, or in the event of a
negative preliminary determination, a request for such postponement is
made by petitioner. In addition, section 351.210(e)(2) of the
Department's regulations require that requests by respondents for
postponement of a final determination be accompanied by a request for
extension of provisional measures from a four month period to not more
than six months.
On April 7, 2015, Zhongda United Holding Group Co., Ltd., one of
the two mandatory respondents in this investigation, requested a 60-day
extension of the final determination and extension of the provisional
measures. Thus, because our amended preliminary determination is
affirmative, and the respondent requesting a postponement of the final
determination and an extension of the provisional measures accounts for
a significant proportion of exports of boltless steel shelving, and no
compelling reasons for denial exist, we are postponing the deadline for
the final determination by 60 days until August 14, 2015, based on the
publication date of the
Preliminary Determination
International Trade Commission Notification
In accordance with section 733(f) of the Act, we notified the
International Trade Commission of our amended preliminary
determination.
This amended preliminary determination is issued and published in
accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR
351.224(e).
Dated: April 10, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-08898 Filed 4-16-15; 8:45 am]
BILLING CODE 3510-DS-P
