Certain Tool Chests and Cabinets From the People's Republic of China: Initiation of Countervailing Duty Investigation, 21516-21520 [2017-09371]
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Federal Register / Vol. 82, No. 88 / Tuesday, May 9, 2017 / Notices
These initiations and this notice are
in accordance with section 751(a) of the
Act (19 U.S.C. 1675(a)) and 19 CFR
351.221(c)(1)(i).
the end of the Final Rule.12 The
Department intends to reject factual
submissions in any proceeding
segments if the submitting party does
not comply with applicable revised
certification requirements.
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Extension of Time Limits Regulation
Parties may request an extension of
time limits before a time limit
established under Part 351 expires, or as
otherwise specified by the Secretary.
See 19 CFR 351.302. In general, an
extension request will be considered
untimely if it is filed after the time limit
established under Part 351 expires. For
submissions which are due from
multiple parties simultaneously, an
extension request will be considered
untimely if it is filed after 10:00 a.m. on
the due date. Examples include, but are
not limited to: (1) Case and rebuttal
briefs, filed pursuant to 19 CFR 351.309;
(2) factual information to value factors
under 19 CFR 351.408(c), or to measure
the adequacy of remuneration under 19
CFR 351.511(a)(2), filed pursuant to 19
CFR 351.301(c)(3) and rebuttal,
clarification and correction filed
pursuant to 19 CFR 351.301(c)(3)(iv); (3)
comments concerning the selection of a
surrogate country and surrogate values
and rebuttal; (4) comments concerning
U.S. Customs and Border Protection
data; and (5) quantity and value
questionnaires. Under certain
circumstances, the Department may
elect to specify a different time limit by
which extension requests will be
considered untimely for submissions
which are due from multiple parties
simultaneously. In such a case, the
Department will inform parties in the
letter or memorandum setting forth the
deadline (including a specified time) by
which extension requests must be filed
to be considered timely. This
modification also requires that an
extension request must be made in a
separate, stand-alone submission, and
clarifies the circumstances under which
the Department will grant untimelyfiled requests for the extension of time
limits. These modifications are effective
for all segments initiated on or after
October 21, 2013. Please review the
final rule, available at https://
www.gpo.gov/fdsys/pkg/FR-2013-09-20/
html/2013-22853.htm, prior to
submitting factual information in these
segments.
12 See Certification of Factual Information To
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (‘‘Final Rule’’); see also the frequently
asked questions regarding the Final Rule, available
at https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
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Dated: May 2, 2017.
Gary Taverman,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2017–09301 Filed 5–8–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–057]
Certain Tool Chests and Cabinets
From the People’s Republic of China:
Initiation of Countervailing Duty
Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: May 1, 2016.
FOR FURTHER INFORMATION CONTACT:
Minoo Hatten at (202) 482–1690, AD/
CVD Operations, Enforcement &
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
The Petition
On April 11, 2017, the Department of
Commerce (the Department) received a
countervailing duty (CVD) petition
concerning imports of certain tool
chests and cabinets (tool chests) from
the People’s Republic of China (PRC),
filed in proper form, on behalf of
Waterloo Industries Inc. (the
petitioner).1 The petitioner is a domestic
producer of tool chests.2 The CVD
petition was accompanied by
antidumping duty (AD) petitions
concerning imports of tool chests from
the PRC and the Socialist Republic of
Vietnam (Vietnam).
On April 13 2017, the petitioner filed
an amendment to the Petition.3 On
April 13 and 20, 2017, the Department
1 See Letter to the Secretary of Commerce from
the petitioner ‘‘Certain Tool Chests and Cabinets
from the People’s Republic of China and the
Socialist Republic of Vietnam—Petition for the
Imposition of Antidumping and Countervailing
Duties’’ (April 11, 2017) (the Petition).
2 See Volume I of the Petitions, at 1.
3 See Letter to the Secretary of Commerce from
the petitioner ‘‘Certain Tool Chests and Cabinets
From the People’s Republic of China and the
Socialist Republic of Vietnam—Petitioner’s
Amendment to Volume I of the Antidumping and
Countervailing Duty Petition’’ (April 13, 2017)
(clarifying the scope of the imported merchandise
that the petitioner intends to cover).
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requested additional information and
clarification of certain areas of the
Petition.4 The petitioner filed responses
to these requests on April 18 and 21,
2017.5 On April 27, 3017, the petitioner
filed an additional amendment to the
Petition.6
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), the petitioner alleges that the
Government of the PRC (GOC) is
providing countervailable subsidies,
within the meaning of sections 701 and
771(5) of the Act with respect to imports
of tool chests from the PRC, and that
imports of tool chests are materially
injuring, or threatening material injury
to, an industry in the United States.
Also, consistent with section 702(b)(1)
of the Act and 19 CFR 351.202(b), for
those alleged programs on which we are
initiating a CVD investigation, the
Petition is accompanied by information
reasonably available to the petitioner
supporting its allegations.
The Department finds that the
petitioner filed the Petition on behalf of
the domestic industry because the
petitioner is an interested party as
defined in section 771(9)(C) of the Act.
The Department also finds that the
petitioner demonstrated sufficient
industry support with respect to the
initiation of the CVD investigation that
the petitioner is requesting.7
Period of Investigation
Because the Petition was filed on
April 11, 2017, pursuant to 19 CFR
4 See letter to the petitioner from the Department
concerning supplemental questions on Volume IV
of the Petition (April 13, 2017); see also letter to the
petitioner from the Department concerning
supplemental questions on general issues (April 13,
2017) (General Issues Supplemental Questionnaire);
and letter to the petitioner from the Department
concerning supplemental questions on Volume IV
(April 20, 2017).
5 See Letter to the Secretary of Commerce from
the petitioner ‘‘Certain Tool Chests and Cabinets
from the People’s Republic of China and the
Socialist Republic of Vietnam—Petitioner’s
Response to Supplemental Questionnaire
Concerning Volume IV’’ (April 18, 2017); see also
letter to the Secretary of Commerce from the
petitioner ‘‘Certain Tool Chests and Cabinets From
the People’s Republic of China and the Socialist
Republic of Vietnam—Petitioner’s 2nd Amendment
to Volume I of the Antidumping and Countervailing
Duty Petition’’ (April 18, 2017) (General Issues 2nd
Amendment); and letter to the Secretary of
Commerce from the petitioner ‘‘Certain Tool Chests
and Cabinets from the People’s Republic of China
and the Socialist Republic of Vietnam—Petitioner’s
Response to Supplemental Questionnaire
Concerning Volume IV’’ (April 21, 2017).
6 See Letter to the Secretary of Commerce from
the petitioner ‘‘Certain Tool Chests and Cabinets
From the People’s Republic of China and the
Socialist Republic of Vietnam—Petitioner’s 3rd
Amendment to Volume I of the Antidumping and
Countervailing Duty Petition’’ (April 27, 2017)
(General Issues 3rd Amendment).
7 See ‘‘Determination of Industry Support for the
Petition’’ section, below.
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351.204(b)(2), the period of
investigation is January 1, 2016, through
December 31, 2016.8
Scope of the Investigation
The products covered by this
investigation are tool chests from the
PRC. For a full description of the scope
of this investigation, see the ‘‘Scope of
the Investigation,’’ in Appendix I of this
notice.
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Comments on Scope of the Investigation
During our review of the Petition, we
issued questions to, and received
responses from, the petitioner
pertaining to the proposed scope to
ensure that the scope language in the
Petition would be an accurate reflection
of the products for which the domestic
industry is seeking relief.9
As discussed in the preamble to the
Department’s regulations,10 we are
setting aside a period for interested
parties to raise issues regarding product
coverage (i.e., scope). The Department
will consider all comments received
from interested parties and, if necessary,
will consult with the interested parties
prior to the issuance of the preliminary
determination. If scope comments
include factual information,11 all such
factual information should be limited to
public information. In order to facilitate
preparation of its questionnaire, the
Department requests all interested
parties to submit such comments by
5:00 p.m. Eastern Time (ET) on Monday,
May 22, 2017, which is the next
business day after 20 calendar days from
the signature date of this notice. Any
rebuttal comments, which may include
factual information, must be filed by
5:00 p.m. ET on Thursday, June 1, 2017,
which is 10 calendar days from the
deadline for initial comments.12 All
such comments must be filed on the
records of each of the concurrent AD
investigations.
The Department requests that any
factual information the parties consider
relevant to the scope of the investigation
be submitted during this time period.
However, if a party subsequently finds
that additional factual information
pertaining to the scope of the
investigation may be relevant, the party
may contact the Department and request
permission to submit the additional
information. As stated above, all such
8 See
19 CFR 351.204(b)(2).
General Issues Supplemental Questionnaire;
see also General Issues 2nd Amendment; and
General Issues 3rd Amendment.
10 See Antidumping Duties; Countervailing
Duties: Final Rule, 62 FR 27296, 27323 (May 19,
1997).
11 See 19 CFR 351.102(b)(21).
12 See 19 CFR 351.303(b).
9 See
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comments must be filed on the record
of the concurrent AD investigations.
Filing Requirements
All submissions to the Department
must be filed electronically using
Enforcement & Compliance’s
Antidumping Duty and Countervailing
Duty Centralized Electronic Service
System (ACCESS).13 An electronicallyfiled document must be received
successfully in its entirety by the time
and date it is due. Documents excepted
from the electronic submission
requirements must be filed manually
(i.e., in paper form) with Enforcement &
Compliance’s APO/Dockets Unit, Room
18022, U.S. Department of Commerce,
1401 Constitution Avenue NW.,
Washington, DC 20230, and stamped
with the date and time of receipt by the
applicable deadlines.
Consultations
Pursuant to section 702(b)(4)(A) of the
Act, the Department notified
representatives of the GOC of the receipt
of the Petition, and provided them the
opportunity for consultations with
respect to the CVD Petition.14 In
response to the Department’s letter, the
GOC requested that consultations be
held.15 Such consultations were held on
April 26, 2017.16 The invitation letter
and memorandum regarding the
consultations are on file electronically
via ACCESS.
Determination of Industry Support for
the Petition
Section 702(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 702(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) At least 25
percent of the total production of the
13 See 19 CFR 351.303 (for general filing
requirements); see also Antidumping and
Countervailing Duty Proceedings: Electronic Filing
Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011), for details
of the Department’s electronic filing requirements,
which went into effect on August 5, 2011.
Information on help using ACCESS can be found at
https://access.trade.gov/help.aspx, and a handbook
can be found at https://access.trade.gov/help/
Handbook%20on%20Electronic%20Filling%20
Procedures.pdf.
14 See Letter to the embassy of the PRC from the
Department ‘‘Countervailing Duty Petition on
Certain Tool Chests and Cabinets from the People’s
Republic of China’’ (April 11, 2017).
15 See Letter to the Department from the Ministry
of Commerce of the People’s Republic of China
‘‘Consultation Request for Countervailing Duty
Petition on Certain Tool Chest and Cabinets’’ (April
18, 2017).
16 See Department Memorandum ‘‘Countervailing
Duty Petition on Certain Tool Chests and Cabinets
from the People’s Republic of China: GOC
Consultations’’ (April 26, 2017).
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21517
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 702(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
the Department shall: (i) Poll the
industry or rely on other information in
order to determine if there is support for
the petition, as required by
subparagraph (A); or (ii) determine
industry support using a statistically
valid sampling method to poll the
‘‘industry.’’
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers, as a
whole, of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs the Department to look to
producers and workers who produce the
domestic like product. The International
Trade Commission (ITC), which is
responsible for determining whether
‘‘the domestic industry’’ has been
injured, must also determine what
constitutes a domestic like product in
order to define the industry. While both
the Department and the ITC must apply
the same statutory definition regarding
the domestic like product,17 they do so
for different purposes and pursuant to a
separate and distinct authority. In
addition, the Department’s
determination is subject to limitations of
time and information. Although this
may result in different definitions of the
like product, such differences do not
render the decision of either agency
contrary to law.18
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
most similar in characteristics and uses
with, the article subject to an
investigation under this title.’’ Thus, the
reference point from which the
domestic like product analysis begins is
‘‘the article subject to an investigation’’
(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the Petition).
With regard to the domestic like
product, the petitioner does not offer a
definition of the domestic like product
distinct from the scope of the
investigation. Based on our analysis of
the information submitted on the
17 See
section 771(10) of the Act.
USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d 865 F.2d 240 (Fed. Cir. 1989)).
18 See
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record, we have determined that tool
chests, as defined in the scope,
constitute a single domestic like product
and we have analyzed industry support
in terms of that domestic like product.19
In determining whether the petitioner
has standing under section 702(c)(4)(A)
of the Act, we considered the industry
support data contained in the Petition
with reference to the domestic like
product as defined in the ‘‘Scope of the
Investigation,’’ in Appendix I of this
notice. To establish industry support,
the petitioner provided its own
production of the domestic like product
in 2016.20 In addition, the petitioner
provided a letter of support from Metal
Box International, stating that the
company supports the Petition and
providing its own production of the
domestic like product in 2016.21 The
petitioner identifies itself and Metal Box
International as the companies
constituting the U.S. tool chests
industry and states that there are no
other known producers of tool chests in
the United States; therefore, the Petition
is supported by 100 percent of the U.S.
industry.22
Our review of the data provided in the
Petition and other information readily
available to the Department indicates
that the petitioner has established
industry support for the Petition.23 First,
the Petition established support from
domestic producers (or workers)
accounting for more than 50 percent of
the total production of the domestic like
product and, as such, the Department is
not required to take further action in
order to evaluate industry support (e.g.,
polling).24 Second, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 702(c)(4)(A)(i) of the Act
because the domestic producers (or
workers) who support the Petition
account for at least 25 percent of the
total production of the domestic like
product.25 Finally, the domestic
19 For a discussion of the domestic like product
analysis in this case, see Countervailing Duty
Investigation Initiation Checklist: Certain Tool
Chests and Cabinets from the People’s Republic of
China (PRC CVD Initiation Checklist), at
Attachment II, Analysis of Industry Support for the
Antidumping and Countervailing Duty Petitions
Covering Certain Tool Chests and Cabinets from the
People’s Republic of China and the Socialist
Republic of Vietnam, (Attachment II). This checklist
is dated concurrently with this notice and on file
electronically via ACCESS.
20 See Volume I of the Petition, at 3 and Exhibit
GEN–1.
21 Id., at 3 and Exhibit GEN–2.
22 Id., at 2–3 and Exhibits GEN–1 and GEN–2.
23 See PRC CVD Initiation Checklist, at
Attachment II.
24 See section 702(c)(4)(D) of the Act; see also
PRC CVD Initiation Checklist, at Attachment II.
25 See PRC CVD Initiation Checklist, at
Attachment II.
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producers (or workers) have met the
statutory criteria for industry support
under section 702(c)(4)(A)(ii) of the Act
because the domestic producers (or
workers) who support the Petition
account for more than 50 percent of the
production of the domestic like product
produced by that portion of the industry
expressing support for, or opposition to,
the Petition.26 Accordingly, the
Department determines that the Petition
was filed on behalf of the domestic
industry within the meaning of section
702(b)(1) of the Act.
The Department finds that the
petitioner filed the Petition on behalf of
the domestic industry because it is an
interested party as defined in section
771(9)(C) of the Act, and it has
demonstrated sufficient industry
support with respect to the CVD
investigation that it is requesting that
the Department initiate.27
Injury Test
Because the PRC is a ‘‘Subsidies
Agreement Country’’ within the
meaning of section 701(b) of the Act,
section 701(a)(2) of the Act applies to
this investigation. Accordingly, the ITC
must determine whether imports of the
subject merchandise from the PRC
materially injure, or threaten material
injury to, a U.S. industry.
Allegations and Evidence of Material
Injury and Causation
The petitioner alleges that imports of
the subject merchandise are benefitting
from countervailable subsidies and that
such imports are causing, or threaten to
cause, material injury to the U.S.
industry producing the domestic like
product. In addition, the petitioner
alleges that subject imports exceed the
negligibility threshold provided for
under section 771(24)(A) of the Act.28
The petitioner contends that the
industry’s injured condition is
illustrated by reduced market share;
underselling and price suppression or
depression; lost sales and revenues;
declining production and shipments;
declining net sales; and deteriorating
financial performance.29 We have
assessed the allegations and supporting
evidence regarding material injury,
threat of material injury, and causation,
and we have determined that these
allegations are properly supported by
26 Id.
27 Id.
28 See Volume I of the Petition, at 17–19 and
Exhibits GEN–2, GEN–7, and GEN–11.
29 See Volume I of the Petition, at 12–26 and
Exhibits GEN–2, GEN–6 through GEN–9, and GEN–
11 through GEN–15.
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adequate evidence, and meet the
statutory requirements for initiation.30
Initiation of CVD Investigation
Section 702(b)(1) of the Act requires
the Department to initiate a CVD
investigation whenever an interested
party files a CVD petition on behalf of
an industry that (1) alleges the elements
necessary for an imposition of a duty
under section 701(a) of the Act and (2)
is accompanied by information
reasonably available to the petitioner
supporting the allegations.
The petitioner alleges that producers/
exporters of tool chests in the PRC
benefited from countervailable subsidies
bestowed by the GOC. The Department
examined the Petition and finds that it
complies with the requirements of
section 702(b)(1) of the Act. Therefore,
in accordance with section 702(b)(1) of
the Act, we are initiating a CVD
investigation to determine whether
manufacturers, producers, and/or
exporters of tool chests from the PRC
receive countervailable subsidies from
the GOC.
Under the Trade Preferences
Extension Act of 2015, numerous
amendments to the AD and CVD laws
were made.31 The 2015 law does not
specify dates of application for those
amendments. On August 6, 2015, the
Department published an interpretative
rule, in which it announced the
applicability dates for each amendment
to the Act, except for amendments
contained in section 771(7) of the Act,
which relate to determinations of
material injury by the ITC.32 The
amendments to sections 776 and 782 of
the Act are applicable to all
determinations made on or after August
6, 2015, and, therefore, apply to this
CVD investigation.33
Subsidy Allegations
Based on our review of the Petition,
we find that there is sufficient
information to initiate a CVD
investigation on 17 of the 18 alleged
programs. For a full discussion of the
basis for our decision to initiate or not
initiate on each program, see the PRC
30 See PRC CVD Initiation Checklist, at
Attachment III, Analysis of Allegations and
Evidence of Material Injury and Causation for the
Antidumping and Countervailing Duty Petitions
Covering Certain Tool Chests and Cabinets from the
People’s Republic of China and the Socialist
Republic of Vietnam.
31 See Trade Preferences Extension Act of 2015,
Public Law 114–27, 129 Stat. 362 (2015).
32 See Dates of Application of Amendments to the
Antidumping and Countervailing Duty Laws Made
by the Trade Preferences Extension Act of 2015, 80
FR 46793 (August 6, 2015). The 2015 amendments
may be found at https://www.congress.gov/bill/
114th-congress/house-bill/1295/text/pl.
33 Id., at 46794–95.
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CVD Initiation Checklist. A public
version of the initiation checklist for
this investigation is available on
ACCESS.
In accordance with section 703(b)(1)
of the Act and 19 CFR 351.205(b)(1),
unless postponed, we will make our
preliminary determination in this
investigation no later than 65 days after
the date of initiation.
Respondent Selection
The Department normally selects
respondents in a CVD investigation
using U.S. Customs and Border
Protection (CBP) entry data. However,
for this investigation, the Harmonized
Tariff Schedule of the United States
(HTSUS) numbers the subject
merchandise would enter under are
basket categories containing many
products unrelated to tool chests, and
the HTSUS numbers allow for the
reporting of differing units of quantity.
Therefore, we cannot rely on CBP entry
data in selecting respondents. Instead,
for this investigation, the Department
will request quantity and value (Q&V)
information from known exporters and
producers identified, with complete
contact information, in the Petition. In
addition, the Department will post the
Q&V questionnaire along with filing
instructions on the Enforcement &
Compliance Web site at https://
www.trade.gov/enforcement/news.asp.
Producers/exporters of tool chests
from the PRC that do not receive Q&V
questionnaires by mail may still submit
a response to the Q&V questionnaire
and can obtain a copy from the
Enforcement & Compliance Web site.
The Q&V response must be submitted
by the relevant PRC exporters/producers
no later than May 11, 2017. All Q&V
responses must be filed electronically
via ACCESS.
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Distribution of Copies of the Petition
In accordance with section
702(b)(4)(A)(i) of the Act and 19 CFR
351.202(f), a copy of the public version
of the Petition has been provided to the
GOC via ACCESS. Because of the
particularly large number of producers/
exporters identified in the Petition, the
Department considers the service of the
public version of the Petition to the
foreign producers/exporters satisfied by
delivery of the public version to the
government of the PRC, consistent with
19 CFR 351.203(c)(2).
ITC Notification
We will notify the ITC of our
initiation, as required by section 702(d)
of the Act.
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Preliminary Determinations by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the Petition was filed, whether there is
a reasonable indication that imports of
tool chests from the PRC are materially
injuring, or threatening material injury
to, a U.S. industry.34 A negative ITC
determination will result in the
investigation being terminated; 35
otherwise, this investigation will
proceed according to statutory and
regulatory time limits.
Submission of Factual Information
Factual information is defined in 19
CFR 351.102(b)(21) as: (i) Evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors under 19
CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by the Department; and (v)
evidence other than factual information
described in (i) through (iv). The
regulation requires any party, when
submitting factual information, to
specify under which subsection of 19
CFR 351.102(b)(21) the information is
being submitted and, if the information
is submitted to rebut, clarify, or correct
factual information already on the
record, to provide an explanation
identifying the information already on
the record that the factual information
seeks to rebut, clarify, or correct. Time
limits for the submission of factual
information are addressed in 19 CFR
351.301, which provides specific time
limits based on the type of factual
information being submitted. Parties
should review the regulations prior to
submitting factual information in this
investigation.
Extension of Time Limits Regulation
Parties may request an extension of
time limits before the expiration of a
time limit established under 19 CFR
351.301, or as otherwise specified by the
Secretary. In general, an extension
request will be considered untimely if it
is filed after the expiration of the time
limit established under 19 CFR 351.301
expires. For submissions that are due
from multiple parties simultaneously,
an extension request will be considered
untimely if it is filed after 10:00 a.m. on
the due date. Under certain
circumstances, we may elect to specify
a different time limit by which
extension requests will be considered
untimely for submissions which are due
from multiple parties simultaneously. In
34 See
35 See
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section 703(a)(1) of the Act.
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21519
such a case, we will inform parties in
the letter or memorandum setting forth
the deadline (including a specified time)
by which extension requests must be
filed to be considered timely. An
extension request must be made in a
separate, stand-alone submission; under
limited circumstances we will grant
untimely-filed requests for the extension
of time limits. Review Extension of
Time Limits; Final Rule, 78 FR 57790
(September 20, 2013), available at
https://www.gpo.gov/fdsys/pkg/FR-201309-20/html/2013-22853.htm, prior to
submitting factual information in this
investigation.
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.36
Parties are hereby reminded that revised
certification requirements are in effect
for company/government officials, as
well as their representatives.
Investigations initiated on the basis of
petitions filed on or after August 16,
2013, and other segments of any AD or
CVD proceedings initiated on or after
August 16, 2013, should use the formats
for the revised certifications provided at
the end of the Final Rule.37 The
Department intends to reject factual
submissions if the submitting party does
not comply with the applicable revised
certification requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under
Administrative Protective Order (APO)
in accordance with 19 CFR 351.305. On
January 22, 2008, the Department
published Antidumping and
Countervailing Duty Proceedings:
Documents Submission Procedures;
APO Procedures, 73 FR 3634 (January
22, 2008). Parties wishing to participate
in this investigation should ensure that
they meet the requirements of these
procedures (e.g., the filing of letters of
appearance as discussed at 19 CFR
351.103(d)).
This notice is issued and published
pursuant to sections 702 and 777(i) of
the Act.
36 See
section 782(b) of the Act.
Certification of Factual Information To
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule); see also frequently asked
questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
37 See
E:\FR\FM\09MYN1.SGM
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Federal Register / Vol. 82, No. 88 / Tuesday, May 9, 2017 / Notices
Dated: May 1, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
mstockstill on DSK30JT082PROD with NOTICES
Appendix I
Scope of the Investigation
The scope of this investigation covers
certain metal tool chests and tool cabinets,
with drawers, (tool chests and cabinets), from
the People’s Republic of China (the PRC).
The scope covers all metal tool chests and
cabinets, including top chests, intermediate
chests, tool cabinets and side cabinets,
storage units, mobile work benches, and
work stations and that have the following
physical characteristics:
(1) A body made of carbon, alloy, or
stainless steel and/or other metals;
(2) two or more drawers for storage in each
individual unit;
(3) a width (side to side) exceeding 15
inches for side cabinets and exceeding 21
inches for all other individual units but not
exceeding 60 inches;
(4) a drawer depth (front to back)
exceeding 10 inches but not exceeding 24
inches; and
(5) prepackaged for retail sale.
For purposes of this scope, the width
parameter applies to each individual unit,
i.e., each individual top chest, intermediate
top chest, tool cabinet, side cabinet, storage
unit, mobile work bench, and work station.
Prepackaged for retail sale means the units
are packaged in a cardboard box or other
container suitable for retail display and sale.
Subject tool chests and cabinets are covered
whether imported in assembled or
unassembled form. Subject merchandise
includes tool chests and cabinets produced
in the PRC but assembled, prepackaged for
sale, or subject to other minor processing in
a third country prior to importation into the
United States. Similarly, it would include
tool chests and cabinets produced in the PRC
that are later found to be assembled,
prepackaged for sale, or subject to other
minor processing after importation into the
United States.
Subject tool chests and cabinets may also
have doors and shelves in addition to
drawers, may have handles (typically
mounted on the sides), and may have a work
surface on the top. Subject tool chests and
cabinets may be uncoated (e.g., stainless
steel), painted, powder coated, galvanized, or
otherwise coated for corrosion protection or
aesthetic appearance.
Subject tool chests and cabinets may be
packaged as individual units or in sets. When
packaged in sets, they typically include a
cabinet with one or more chests that stack on
top of the cabinet. Tool cabinets act as a base
tool storage unit and typically have rollers,
casters, or wheels to permit them to be
moved more easily when loaded with tools.
Work stations and work benches are tool
cabinets with a work surface on the top that
may be made of rubber, plastic, metal, wood,
or other materials.
Top chests are designed to be used with a
tool cabinet to form a tool storage unit. The
top chests may be mounted on top of the base
tool cabinet or onto an intermediate chest.
VerDate Sep<11>2014
18:19 May 08, 2017
Jkt 241001
They are often packaged as a set with tool
cabinets or intermediate chests, but may also
be packaged separately. They may be
packaged with mounting hardware (e.g.,
bolts) and instructions for assembling them
onto the base tool cabinet or onto an
intermediate tool chest which rests on the
base tool cabinet. Smaller top chests typically
have handles on the sides, while the larger
top chests typically lack handles.
Intermediate tool chests are designed to fit on
top of the floor standing tool cabinet and to
be used underneath the top tool chest.
Although they may be packaged or used
separately from the tool cabinet, intermediate
chests are designed to be used in conjunction
with tool cabinets. The intermediate chests
typically do not have handles. The
intermediate and top chests may have the
capability of being bolted together.
Side cabinets are designed to be bolted or
otherwise attached to the side of the base
storage cabinet to expand the storage capacity
of the base tool cabinet.
Subject tool chests and cabinets also may
be packaged with a tool set included.
Packaging a subject tool chest and cabinet
with a tool set does not remove an otherwise
covered subject tool chest and cabinet from
the scope. When this occurs the tools are not
part of the subject merchandise.
Excluded from the scope of the
investigation are tool boxes, chests and
cabinets with bodies made of plastic, carbon
fiber, wood, or other non-metallic substances.
Also excluded from the scope of the
investigation are portable metal tool boxes.
Portable metal tool boxes have each of the
following characteristics: (1) Fewer than
three drawers; (2) a handle on the top that
allows the tool box to be carried by hand; and
(3) a width that is 21 inches or less; and
depth (front to back) not exceeding 10 inches.
Also excluded from the scope of the
investigation are industrial grade steel tool
chests and cabinets. The excluded industrial
grade steel tool chests and cabinets are those:
(1) Having a body that is over 60 inches
wide; or
(2) having each of the following physical
characteristics:
(a) A body made of steel that is 0.055″ or
more in thickness;
(b) all drawers over 21″ deep;
(c) all drawer slides rated for 200 lbs. or
more; and
(d) not prepackaged for retail sale.
Also excluded from the scope of the
investigation are work benches with fewer
than two drawers. Excluded work benches
have a solid top working surface, fewer than
two drawers, are supported by legs and have
no solid front, side, or back panels enclosing
the body of the unit.
Also excluded from the scope of the
investigation are metal filing cabinets that are
configured to hold hanging file folders and
are classified in the Harmonized Tariff
Schedule of the United States (HTSUS) at
subheading 9403.10.0020.
Merchandise subject to the investigation is
classified under HTSUS categories
9403.20.0021, 9403.20.0026, 9403.20.0030
and 7326.90.8688, but may also be classified
under HTSUS category 7326.90.3500. While
HTSUS subheadings are provided for
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
convenience and Customs purposes, the
written description of the scope of this
investigation is dispositive.
[FR Doc. 2017–09371 Filed 5–8–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–815, A–533–806, C–533–807]
Sulfanilic Acid From India and the
People’s Republic of China:
Continuation of Antidumping Duty and
Countervailing Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of determinations
by the Department of Commerce
(Department) and the International
Trade Commission (ITC) that revocation
of the antidumping duty (AD) orders on
sulfanilic acid from the People’s
Republic of China (PRC) and India and
the countervailing duty (CVD) order on
sulfanilic acid from India would likely
lead to continuation or recurrence of
dumping and a countervailable subsidy
and material injury to an industry in the
United States, the Department is
publishing this notice of continuation of
these AD and CVD orders.
DATES: Effective May 9, 2017.
FOR FURTHER INFORMATION CONTACT:
Mandy Mallott (India and PRC AD
Orders), John Conniff (India CVD
Order), 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) 482–6430 or
(202) 482–1009, respectively.
SUPPLEMENTARY INFORMATION: On
September 1, 2016, the Department
initiated the fourth sunset reviews of the
AD orders on sulfanilic acid from the
PRC and India and the CVD order on
sulfanilic acid from India pursuant to
section 751(c) of the Tariff Act of 1930,
as amended (Act).1
As a result of its reviews, pursuant to
sections 751(c) and 752(b) of the Act,
the Department determined that
revocation of the AD orders on
sulfanilic acid from India and the PRC
and the CVD order on sulfanilic acid
from India would be likely to lead to a
continuation or recurrence of dumping
and a countervailable subsidy, and,
therefore, notified the ITC of the
magnitude of the margins and net
AGENCY:
1 See Initiation of Five-Year (‘‘Sunset’’) Reviews,
81 FR 60386 (September 1, 2016) (‘‘Notice of
Initiation’’).
E:\FR\FM\09MYN1.SGM
09MYN1
]]>Agencies
[Federal Register Volume 82, Number 88 (Tuesday, May 9, 2017)]
[Notices]
[Pages 21516-21520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09371]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-057]
Certain Tool Chests and Cabinets From the People's Republic of
China: Initiation of Countervailing Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Effective Date: May 1, 2016.
FOR FURTHER INFORMATION CONTACT: Minoo Hatten at (202) 482-1690, AD/CVD
Operations, Enforcement & Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petition
On April 11, 2017, the Department of Commerce (the Department)
received a countervailing duty (CVD) petition concerning imports of
certain tool chests and cabinets (tool chests) from the People's
Republic of China (PRC), filed in proper form, on behalf of Waterloo
Industries Inc. (the petitioner).\1\ The petitioner is a domestic
producer of tool chests.\2\ The CVD petition was accompanied by
antidumping duty (AD) petitions concerning imports of tool chests from
the PRC and the Socialist Republic of Vietnam (Vietnam).
---------------------------------------------------------------------------
\1\ See Letter to the Secretary of Commerce from the petitioner
``Certain Tool Chests and Cabinets from the People's Republic of
China and the Socialist Republic of Vietnam--Petition for the
Imposition of Antidumping and Countervailing Duties'' (April 11,
2017) (the Petition).
\2\ See Volume I of the Petitions, at 1.
---------------------------------------------------------------------------
On April 13 2017, the petitioner filed an amendment to the
Petition.\3\ On April 13 and 20, 2017, the Department requested
additional information and clarification of certain areas of the
Petition.\4\ The petitioner filed responses to these requests on April
18 and 21, 2017.\5\ On April 27, 3017, the petitioner filed an
additional amendment to the Petition.\6\
---------------------------------------------------------------------------
\3\ See Letter to the Secretary of Commerce from the petitioner
``Certain Tool Chests and Cabinets From the People's Republic of
China and the Socialist Republic of Vietnam--Petitioner's Amendment
to Volume I of the Antidumping and Countervailing Duty Petition''
(April 13, 2017) (clarifying the scope of the imported merchandise
that the petitioner intends to cover).
\4\ See letter to the petitioner from the Department concerning
supplemental questions on Volume IV of the Petition (April 13,
2017); see also letter to the petitioner from the Department
concerning supplemental questions on general issues (April 13, 2017)
(General Issues Supplemental Questionnaire); and letter to the
petitioner from the Department concerning supplemental questions on
Volume IV (April 20, 2017).
\5\ See Letter to the Secretary of Commerce from the petitioner
``Certain Tool Chests and Cabinets from the People's Republic of
China and the Socialist Republic of Vietnam--Petitioner's Response
to Supplemental Questionnaire Concerning Volume IV'' (April 18,
2017); see also letter to the Secretary of Commerce from the
petitioner ``Certain Tool Chests and Cabinets From the People's
Republic of China and the Socialist Republic of Vietnam--
Petitioner's 2nd Amendment to Volume I of the Antidumping and
Countervailing Duty Petition'' (April 18, 2017) (General Issues 2nd
Amendment); and letter to the Secretary of Commerce from the
petitioner ``Certain Tool Chests and Cabinets from the People's
Republic of China and the Socialist Republic of Vietnam--
Petitioner's Response to Supplemental Questionnaire Concerning
Volume IV'' (April 21, 2017).
\6\ See Letter to the Secretary of Commerce from the petitioner
``Certain Tool Chests and Cabinets From the People's Republic of
China and the Socialist Republic of Vietnam--Petitioner's 3rd
Amendment to Volume I of the Antidumping and Countervailing Duty
Petition'' (April 27, 2017) (General Issues 3rd Amendment).
---------------------------------------------------------------------------
In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that the Government of the
PRC (GOC) is providing countervailable subsidies, within the meaning of
sections 701 and 771(5) of the Act with respect to imports of tool
chests from the PRC, and that imports of tool chests are materially
injuring, or threatening material injury to, an industry in the United
States. Also, consistent with section 702(b)(1) of the Act and 19 CFR
351.202(b), for those alleged programs on which we are initiating a CVD
investigation, the Petition is accompanied by information reasonably
available to the petitioner supporting its allegations.
The Department finds that the petitioner filed the Petition on
behalf of the domestic industry because the petitioner is an interested
party as defined in section 771(9)(C) of the Act. The Department also
finds that the petitioner demonstrated sufficient industry support with
respect to the initiation of the CVD investigation that the petitioner
is requesting.\7\
---------------------------------------------------------------------------
\7\ See ``Determination of Industry Support for the Petition''
section, below.
---------------------------------------------------------------------------
Period of Investigation
Because the Petition was filed on April 11, 2017, pursuant to 19
CFR
[[Page 21517]]
351.204(b)(2), the period of investigation is January 1, 2016, through
December 31, 2016.\8\
---------------------------------------------------------------------------
\8\ See 19 CFR 351.204(b)(2).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are tool chests from the
PRC. For a full description of the scope of this investigation, see the
``Scope of the Investigation,'' in Appendix I of this notice.
Comments on Scope of the Investigation
During our review of the Petition, we issued questions to, and
received responses from, the petitioner pertaining to the proposed
scope to ensure that the scope language in the Petition would be an
accurate reflection of the products for which the domestic industry is
seeking relief.\9\
---------------------------------------------------------------------------
\9\ See General Issues Supplemental Questionnaire; see also
General Issues 2nd Amendment; and General Issues 3rd Amendment.
---------------------------------------------------------------------------
As discussed in the preamble to the Department's regulations,\10\
we are setting aside a period for interested parties to raise issues
regarding product coverage (i.e., scope). The Department will consider
all comments received from interested parties and, if necessary, will
consult with the interested parties prior to the issuance of the
preliminary determination. If scope comments include factual
information,\11\ all such factual information should be limited to
public information. In order to facilitate preparation of its
questionnaire, the Department requests all interested parties to submit
such comments by 5:00 p.m. Eastern Time (ET) on Monday, May 22, 2017,
which is the next business day after 20 calendar days from the
signature date of this notice. Any rebuttal comments, which may include
factual information, must be filed by 5:00 p.m. ET on Thursday, June 1,
2017, which is 10 calendar days from the deadline for initial
comments.\12\ All such comments must be filed on the records of each of
the concurrent AD investigations.
---------------------------------------------------------------------------
\10\ See Antidumping Duties; Countervailing Duties: Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\11\ See 19 CFR 351.102(b)(21).
\12\ See 19 CFR 351.303(b).
---------------------------------------------------------------------------
The Department requests that any factual information the parties
consider relevant to the scope of the investigation be submitted during
this time period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigation may be relevant, the party may contact the Department and
request permission to submit the additional information. As stated
above, all such comments must be filed on the record of the concurrent
AD investigations.
Filing Requirements
All submissions to the Department must be filed electronically
using Enforcement & Compliance's Antidumping Duty and Countervailing
Duty Centralized Electronic Service System (ACCESS).\13\ An
electronically-filed document must be received successfully in its
entirety by the time and date it is due. Documents excepted from the
electronic submission requirements must be filed manually (i.e., in
paper form) with Enforcement & Compliance's APO/Dockets Unit, Room
18022, U.S. Department of Commerce, 1401 Constitution Avenue NW.,
Washington, DC 20230, and stamped with the date and time of receipt by
the applicable deadlines.
---------------------------------------------------------------------------
\13\ See 19 CFR 351.303 (for general filing requirements); see
also Antidumping and Countervailing Duty Proceedings: Electronic
Filing Procedures; Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011), for details of the Department's electronic
filing requirements, which went into effect on August 5, 2011.
Information on help using ACCESS can be found at https://access.trade.gov/help.aspx, and a handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
---------------------------------------------------------------------------
Consultations
Pursuant to section 702(b)(4)(A) of the Act, the Department
notified representatives of the GOC of the receipt of the Petition, and
provided them the opportunity for consultations with respect to the CVD
Petition.\14\ In response to the Department's letter, the GOC requested
that consultations be held.\15\ Such consultations were held on April
26, 2017.\16\ The invitation letter and memorandum regarding the
consultations are on file electronically via ACCESS.
---------------------------------------------------------------------------
\14\ See Letter to the embassy of the PRC from the Department
``Countervailing Duty Petition on Certain Tool Chests and Cabinets
from the People's Republic of China'' (April 11, 2017).
\15\ See Letter to the Department from the Ministry of Commerce
of the People's Republic of China ``Consultation Request for
Countervailing Duty Petition on Certain Tool Chest and Cabinets''
(April 18, 2017).
\16\ See Department Memorandum ``Countervailing Duty Petition on
Certain Tool Chests and Cabinets from the People's Republic of
China: GOC Consultations'' (April 26, 2017).
---------------------------------------------------------------------------
Determination of Industry Support for the Petition
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, the Department
shall: (i) Poll the industry or rely on other information in order to
determine if there is support for the petition, as required by
subparagraph (A); or (ii) determine industry support using a
statistically valid sampling method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers, as a whole, of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs the Department to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both the Department and
the ITC must apply the same statutory definition regarding the domestic
like product,\17\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, the Department's
determination is subject to limitations of time and information.
Although this may result in different definitions of the like product,
such differences do not render the decision of either agency contrary
to law.\18\
---------------------------------------------------------------------------
\17\ See section 771(10) of the Act.
\18\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
Petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigation. Based on our analysis of the information
submitted on the
[[Page 21518]]
record, we have determined that tool chests, as defined in the scope,
constitute a single domestic like product and we have analyzed industry
support in terms of that domestic like product.\19\
---------------------------------------------------------------------------
\19\ For a discussion of the domestic like product analysis in
this case, see Countervailing Duty Investigation Initiation
Checklist: Certain Tool Chests and Cabinets from the People's
Republic of China (PRC CVD Initiation Checklist), at Attachment II,
Analysis of Industry Support for the Antidumping and Countervailing
Duty Petitions Covering Certain Tool Chests and Cabinets from the
People's Republic of China and the Socialist Republic of Vietnam,
(Attachment II). This checklist is dated concurrently with this
notice and on file electronically via ACCESS.
---------------------------------------------------------------------------
In determining whether the petitioner has standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' in Appendix I of this
notice. To establish industry support, the petitioner provided its own
production of the domestic like product in 2016.\20\ In addition, the
petitioner provided a letter of support from Metal Box International,
stating that the company supports the Petition and providing its own
production of the domestic like product in 2016.\21\ The petitioner
identifies itself and Metal Box International as the companies
constituting the U.S. tool chests industry and states that there are no
other known producers of tool chests in the United States; therefore,
the Petition is supported by 100 percent of the U.S. industry.\22\
---------------------------------------------------------------------------
\20\ See Volume I of the Petition, at 3 and Exhibit GEN-1.
\21\ Id., at 3 and Exhibit GEN-2.
\22\ Id., at 2-3 and Exhibits GEN-1 and GEN-2.
---------------------------------------------------------------------------
Our review of the data provided in the Petition and other
information readily available to the Department indicates that the
petitioner has established industry support for the Petition.\23\
First, the Petition established support from domestic producers (or
workers) accounting for more than 50 percent of the total production of
the domestic like product and, as such, the Department is not required
to take further action in order to evaluate industry support (e.g.,
polling).\24\ Second, the domestic producers (or workers) have met the
statutory criteria for industry support under section 702(c)(4)(A)(i)
of the Act because the domestic producers (or workers) who support the
Petition account for at least 25 percent of the total production of the
domestic like product.\25\ Finally, the domestic producers (or workers)
have met the statutory criteria for industry support under section
702(c)(4)(A)(ii) of the Act because the domestic producers (or workers)
who support the Petition account for more than 50 percent of the
production of the domestic like product produced by that portion of the
industry expressing support for, or opposition to, the Petition.\26\
Accordingly, the Department determines that the Petition was filed on
behalf of the domestic industry within the meaning of section 702(b)(1)
of the Act.
---------------------------------------------------------------------------
\23\ See PRC CVD Initiation Checklist, at Attachment II.
\24\ See section 702(c)(4)(D) of the Act; see also PRC CVD
Initiation Checklist, at Attachment II.
\25\ See PRC CVD Initiation Checklist, at Attachment II.
\26\ Id.
---------------------------------------------------------------------------
The Department finds that the petitioner filed the Petition on
behalf of the domestic industry because it is an interested party as
defined in section 771(9)(C) of the Act, and it has demonstrated
sufficient industry support with respect to the CVD investigation that
it is requesting that the Department initiate.\27\
---------------------------------------------------------------------------
\27\ Id.
---------------------------------------------------------------------------
Injury Test
Because the PRC is a ``Subsidies Agreement Country'' within the
meaning of section 701(b) of the Act, section 701(a)(2) of the Act
applies to this investigation. Accordingly, the ITC must determine
whether imports of the subject merchandise from the PRC materially
injure, or threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that imports of the subject merchandise are
benefitting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioner
alleges that subject imports exceed the negligibility threshold
provided for under section 771(24)(A) of the Act.\28\
---------------------------------------------------------------------------
\28\ See Volume I of the Petition, at 17-19 and Exhibits GEN-2,
GEN-7, and GEN-11.
---------------------------------------------------------------------------
The petitioner contends that the industry's injured condition is
illustrated by reduced market share; underselling and price suppression
or depression; lost sales and revenues; declining production and
shipments; declining net sales; and deteriorating financial
performance.\29\ We have assessed the allegations and supporting
evidence regarding material injury, threat of material injury, and
causation, and we have determined that these allegations are properly
supported by adequate evidence, and meet the statutory requirements for
initiation.\30\
---------------------------------------------------------------------------
\29\ See Volume I of the Petition, at 12-26 and Exhibits GEN-2,
GEN-6 through GEN-9, and GEN-11 through GEN-15.
\30\ See PRC CVD Initiation Checklist, at Attachment III,
Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Certain Tool Chests and Cabinets from the People's Republic
of China and the Socialist Republic of Vietnam.
---------------------------------------------------------------------------
Initiation of CVD Investigation
Section 702(b)(1) of the Act requires the Department to initiate a
CVD investigation whenever an interested party files a CVD petition on
behalf of an industry that (1) alleges the elements necessary for an
imposition of a duty under section 701(a) of the Act and (2) is
accompanied by information reasonably available to the petitioner
supporting the allegations.
The petitioner alleges that producers/exporters of tool chests in
the PRC benefited from countervailable subsidies bestowed by the GOC.
The Department examined the Petition and finds that it complies with
the requirements of section 702(b)(1) of the Act. Therefore, in
accordance with section 702(b)(1) of the Act, we are initiating a CVD
investigation to determine whether manufacturers, producers, and/or
exporters of tool chests from the PRC receive countervailable subsidies
from the GOC.
Under the Trade Preferences Extension Act of 2015, numerous
amendments to the AD and CVD laws were made.\31\ The 2015 law does not
specify dates of application for those amendments. On August 6, 2015,
the Department published an interpretative rule, in which it announced
the applicability dates for each amendment to the Act, except for
amendments contained in section 771(7) of the Act, which relate to
determinations of material injury by the ITC.\32\ The amendments to
sections 776 and 782 of the Act are applicable to all determinations
made on or after August 6, 2015, and, therefore, apply to this CVD
investigation.\33\
---------------------------------------------------------------------------
\31\ See Trade Preferences Extension Act of 2015, Public Law
114-27, 129 Stat. 362 (2015).
\32\ See Dates of Application of Amendments to the Antidumping
and Countervailing Duty Laws Made by the Trade Preferences Extension
Act of 2015, 80 FR 46793 (August 6, 2015). The 2015 amendments may
be found at https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl.
\33\ Id., at 46794-95.
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Subsidy Allegations
Based on our review of the Petition, we find that there is
sufficient information to initiate a CVD investigation on 17 of the 18
alleged programs. For a full discussion of the basis for our decision
to initiate or not initiate on each program, see the PRC
[[Page 21519]]
CVD Initiation Checklist. A public version of the initiation checklist
for this investigation is available on ACCESS.
In accordance with section 703(b)(1) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determination in this investigation no later than 65 days after the
date of initiation.
Respondent Selection
The Department normally selects respondents in a CVD investigation
using U.S. Customs and Border Protection (CBP) entry data. However, for
this investigation, the Harmonized Tariff Schedule of the United States
(HTSUS) numbers the subject merchandise would enter under are basket
categories containing many products unrelated to tool chests, and the
HTSUS numbers allow for the reporting of differing units of quantity.
Therefore, we cannot rely on CBP entry data in selecting respondents.
Instead, for this investigation, the Department will request quantity
and value (Q&V) information from known exporters and producers
identified, with complete contact information, in the Petition. In
addition, the Department will post the Q&V questionnaire along with
filing instructions on the Enforcement & Compliance Web site at https://www.trade.gov/enforcement/news.asp.
Producers/exporters of tool chests from the PRC that do not receive
Q&V questionnaires by mail may still submit a response to the Q&V
questionnaire and can obtain a copy from the Enforcement & Compliance
Web site. The Q&V response must be submitted by the relevant PRC
exporters/producers no later than May 11, 2017. All Q&V responses must
be filed electronically via ACCESS.
Distribution of Copies of the Petition
In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the GOC via ACCESS. Because of the particularly large
number of producers/exporters identified in the Petition, the
Department considers the service of the public version of the Petition
to the foreign producers/exporters satisfied by delivery of the public
version to the government of the PRC, consistent with 19 CFR
351.203(c)(2).
ITC Notification
We will notify the ITC of our initiation, as required by section
702(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of tool chests from the PRC are materially
injuring, or threatening material injury to, a U.S. industry.\34\ A
negative ITC determination will result in the investigation being
terminated; \35\ otherwise, this investigation will proceed according
to statutory and regulatory time limits.
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\34\ See section 703(a)(2) of the Act.
\35\ See section 703(a)(1) of the Act.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by the Department; and (v) evidence other than
factual information described in (i) through (iv). The regulation
requires any party, when submitting factual information, to specify
under which subsection of 19 CFR 351.102(b)(21) the information is
being submitted and, if the information is submitted to rebut, clarify,
or correct factual information already on the record, to provide an
explanation identifying the information already on the record that the
factual information seeks to rebut, clarify, or correct. Time limits
for the submission of factual information are addressed in 19 CFR
351.301, which provides specific time limits based on the type of
factual information being submitted. Parties should review the
regulations prior to submitting factual information in this
investigation.
Extension of Time Limits Regulation
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by the Secretary. In general, an extension request
will be considered untimely if it is filed after the expiration of the
time limit established under 19 CFR 351.301 expires. For submissions
that are due from multiple parties simultaneously, an extension request
will be considered untimely if it is filed after 10:00 a.m. on the due
date. Under certain circumstances, we may elect to specify a different
time limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, we will inform parties in the letter or memorandum setting
forth the deadline (including a specified time) by which extension
requests must be filed to be considered timely. An extension request
must be made in a separate, stand-alone submission; under limited
circumstances we will grant untimely-filed requests for the extension
of time limits. Review Extension of Time Limits; Final Rule, 78 FR
57790 (September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual
information in this investigation.
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\36\
Parties are hereby reminded that revised certification requirements are
in effect for company/government officials, as well as their
representatives. Investigations initiated on the basis of petitions
filed on or after August 16, 2013, and other segments of any AD or CVD
proceedings initiated on or after August 16, 2013, should use the
formats for the revised certifications provided at the end of the Final
Rule.\37\ The Department intends to reject factual submissions if the
submitting party does not comply with the applicable revised
certification requirements.
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\36\ See section 782(b) of the Act.
\37\ See Certification of Factual Information To Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
Administrative Protective Order (APO) in accordance with 19 CFR
351.305. On January 22, 2008, the Department published Antidumping and
Countervailing Duty Proceedings: Documents Submission Procedures; APO
Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to
participate in this investigation should ensure that they meet the
requirements of these procedures (e.g., the filing of letters of
appearance as discussed at 19 CFR 351.103(d)).
This notice is issued and published pursuant to sections 702 and
777(i) of the Act.
[[Page 21520]]
Dated: May 1, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The scope of this investigation covers certain metal tool chests
and tool cabinets, with drawers, (tool chests and cabinets), from
the People's Republic of China (the PRC). The scope covers all metal
tool chests and cabinets, including top chests, intermediate chests,
tool cabinets and side cabinets, storage units, mobile work benches,
and work stations and that have the following physical
characteristics:
(1) A body made of carbon, alloy, or stainless steel and/or
other metals;
(2) two or more drawers for storage in each individual unit;
(3) a width (side to side) exceeding 15 inches for side cabinets
and exceeding 21 inches for all other individual units but not
exceeding 60 inches;
(4) a drawer depth (front to back) exceeding 10 inches but not
exceeding 24 inches; and
(5) prepackaged for retail sale.
For purposes of this scope, the width parameter applies to each
individual unit, i.e., each individual top chest, intermediate top
chest, tool cabinet, side cabinet, storage unit, mobile work bench,
and work station.
Prepackaged for retail sale means the units are packaged in a
cardboard box or other container suitable for retail display and
sale. Subject tool chests and cabinets are covered whether imported
in assembled or unassembled form. Subject merchandise includes tool
chests and cabinets produced in the PRC but assembled, prepackaged
for sale, or subject to other minor processing in a third country
prior to importation into the United States. Similarly, it would
include tool chests and cabinets produced in the PRC that are later
found to be assembled, prepackaged for sale, or subject to other
minor processing after importation into the United States.
Subject tool chests and cabinets may also have doors and shelves
in addition to drawers, may have handles (typically mounted on the
sides), and may have a work surface on the top. Subject tool chests
and cabinets may be uncoated (e.g., stainless steel), painted,
powder coated, galvanized, or otherwise coated for corrosion
protection or aesthetic appearance.
Subject tool chests and cabinets may be packaged as individual
units or in sets. When packaged in sets, they typically include a
cabinet with one or more chests that stack on top of the cabinet.
Tool cabinets act as a base tool storage unit and typically have
rollers, casters, or wheels to permit them to be moved more easily
when loaded with tools. Work stations and work benches are tool
cabinets with a work surface on the top that may be made of rubber,
plastic, metal, wood, or other materials.
Top chests are designed to be used with a tool cabinet to form a
tool storage unit. The top chests may be mounted on top of the base
tool cabinet or onto an intermediate chest. They are often packaged
as a set with tool cabinets or intermediate chests, but may also be
packaged separately. They may be packaged with mounting hardware
(e.g., bolts) and instructions for assembling them onto the base
tool cabinet or onto an intermediate tool chest which rests on the
base tool cabinet. Smaller top chests typically have handles on the
sides, while the larger top chests typically lack handles.
Intermediate tool chests are designed to fit on top of the floor
standing tool cabinet and to be used underneath the top tool chest.
Although they may be packaged or used separately from the tool
cabinet, intermediate chests are designed to be used in conjunction
with tool cabinets. The intermediate chests typically do not have
handles. The intermediate and top chests may have the capability of
being bolted together.
Side cabinets are designed to be bolted or otherwise attached to
the side of the base storage cabinet to expand the storage capacity
of the base tool cabinet.
Subject tool chests and cabinets also may be packaged with a
tool set included. Packaging a subject tool chest and cabinet with a
tool set does not remove an otherwise covered subject tool chest and
cabinet from the scope. When this occurs the tools are not part of
the subject merchandise.
Excluded from the scope of the investigation are tool boxes,
chests and cabinets with bodies made of plastic, carbon fiber, wood,
or other non-metallic substances. Also excluded from the scope of
the investigation are portable metal tool boxes. Portable metal tool
boxes have each of the following characteristics: (1) Fewer than
three drawers; (2) a handle on the top that allows the tool box to
be carried by hand; and (3) a width that is 21 inches or less; and
depth (front to back) not exceeding 10 inches.
Also excluded from the scope of the investigation are industrial
grade steel tool chests and cabinets. The excluded industrial grade
steel tool chests and cabinets are those:
(1) Having a body that is over 60 inches wide; or
(2) having each of the following physical characteristics:
(a) A body made of steel that is 0.055'' or more in thickness;
(b) all drawers over 21'' deep;
(c) all drawer slides rated for 200 lbs. or more; and
(d) not prepackaged for retail sale.
Also excluded from the scope of the investigation are work
benches with fewer than two drawers. Excluded work benches have a
solid top working surface, fewer than two drawers, are supported by
legs and have no solid front, side, or back panels enclosing the
body of the unit.
Also excluded from the scope of the investigation are metal
filing cabinets that are configured to hold hanging file folders and
are classified in the Harmonized Tariff Schedule of the United
States (HTSUS) at subheading 9403.10.0020.
Merchandise subject to the investigation is classified under
HTSUS categories 9403.20.0021, 9403.20.0026, 9403.20.0030 and
7326.90.8688, but may also be classified under HTSUS category
7326.90.3500. While HTSUS subheadings are provided for convenience
and Customs purposes, the written description of the scope of this
investigation is dispositive.
[FR Doc. 2017-09371 Filed 5-8-17; 8:45 am]
BILLING CODE 3510-DS-P
