Boltless Steel Shelving Units Prepackaged for Sale From the People's Republic of China: Initiation of Countervailing Duty Investigation, 56567-56571 [2014-22494]

Download as PDF Federal Register / Vol. 79, No. 183 / Monday, September 22, 2014 / Notices the applicable revised certification requirements. Notification to Interested Parties Interested parties must submit applications for disclosure under administrative protective order in accordance with 19 CFR 351.305(b). Instructions for filing such applications may be found on the Department’s Web site at http://enforcement.trade.gov/ apo/index.html. This notice is issued and published pursuant to section 777(i) of the Act and 19 CFR 351.203(c). Dated: September 15, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. asabaliauskas on DSK5VPTVN1PROD with NOTICES Appendix Scope of the 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 enduser. The scope also includes add-on kits. Add-on kits include, but are not limited to, kits that allow the end-user to add an extension shelving unit onto an existing boltless steel shelving unit such that the extension and the original unit will share common frame elements (e.g., two posts). The term ‘‘boltless’’ refers to steel shelving in which the vertical and horizontal supports forming the frame are assembled primarily without the use of nuts and bolts or screws. The vertical and horizontal support members for boltless steel shelving are assembled by methods such as, but not limited to, fitting a rivet, punched or cut tab or other similar connector on one support into a hole, slot or similar receptacle on another support. The supports lock together to form the frame for the shelving unit, and provide the structural integrity of the shelving unit separate from the inclusion of any decking. The incidental use of nuts and bolts or screws to add accessories, wall anchors, tie-bars or shelf supports does not remove the product from scope. Boltless steel shelving units may also come packaged as partially assembled, such as when two upright supports are welded together with front-to-back supports, or are otherwise connected, to form an end unit for the frame. The boltless steel shelving covered by this investigation may be commonly described as rivet shelving, welded frame shelving, slot and tab shelving, and punched rivet (quasi-rivet) shelving as well as by other trade names. The term ‘‘deck’’ refers to the shelf that sits on or fits into the horizontal supports (beams or braces) to provide the horizontal storage surface of the shelving unit. The scope includes all boltless steel shelving meeting the description above, VerDate Sep<11>2014 17:07 Sep 19, 2014 Jkt 232001 regardless of (1) vertical support or post type (including but not limited to open post, closed post and tubing); (2) horizontal support or beam/brace profile (including but not limited to Z-beam, C-beam, L-beam, step beam and cargo rack); (3) number of supports; (4) surface coating (including but not limited to paint, epoxy, powder coating, zinc and other metallic coating); (5) number of levels; (6) weight capacity; (7) shape (including but not limited to rectangular, square, and corner units); (8) decking material (including but not limited to wire decking, particle board, laminated board or no deck at all); or (9) the boltless method by which vertical and horizontal supports connect (including but not limited to keyhole and rivet, slot and tab, welded frame, punched rivet and clip). Specifically excluded from the scope are: • Wall-mounted shelving, defined as shelving that is hung on the wall and does not stand on, or transfer load to, the floor; 45 • wire shelving units, which consist of shelves made from wire that incorporates both a wire deck and wire horizontal supports (taking the place of the horizontal beams and braces) into a single piece with tubular collars that slide over the posts and onto plastic sleeves snapped on the posts to create the finished shelving unit; • bulk-packed parts or components of boltless steel shelving units; and • made-to-order shelving systems. 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. [FR Doc. 2014–22491 Filed 9–19–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–019] Boltless Steel Shelving Units Prepackaged for Sale From the People’s Republic of China: Initiation of Countervailing Duty Investigation Enforcement & Compliance, International Trade Administration, Department of Commerce. DATES: Effective Date: September 22, 2014. AGENCY: Paul Walker or Susan Pulongbarit, AD/CVD Operations, Enforcement & Compliance, International Trade Administration, U.S. Department of Commerce, 14th FOR FURTHER INFORMATION CONTACT: 45 The addition of a wall bracket or other device to attach otherwise freestanding subject merchandise to a wall does not meet the terms of this exclusion. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 56567 Street and Constitution Avenue NW., Washington, DC 20230; telephone: 202.482.0413 or 202.482.4013, respectively. SUPPLEMENTARY INFORMATION: The Petition On August 26, 2014, the Department of Commerce (the ‘‘Department’’) received a countervailing duty (‘‘CVD’’) petition concerning imports of boltless steel shelving units prepackaged for sale (‘‘boltless steel shelves’’) from the People’s Republic of China (‘‘PRC’’), filed in proper form by Edsal Manufacturing Co., Inc. (‘‘Petitioner’’), a domestic producer of boltless steel shelves. The CVD petition was accompanied by an antidumping duty (‘‘AD’’) petition concerning imports of boltless steel shelves from the PRC.1 On August 27, and August 28, 2014, the Department issued additional requests for information and clarification of certain areas of the Petition. Based on the Department’s requests, Petitioner timely filed additional information pertaining to the Petition on September 2, 4, and 11, 2014.2 In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (the ‘‘Act’’), Petitioner alleges that producers/exporters of boltless steel shelves in the PRC received countervailable subsidies within the meaning of sections 701 and 771(5) of the Act, and that imports from these producers/exporters materially injure, or threaten material injury to, an industry in the United States. The Department finds that Petitioner filed this Petition on behalf of the domestic industry because it is an interested party as defined in section 771(9)(C) of the Act, and Petitioner has demonstrated sufficient industry support with respect to the CVD investigation that it is requesting the Department to initiate (see ‘‘Determination of Industry Support for the Petition’’ below). Period of Investigation The period of investigation (‘‘POI’’) is calendar year 2013, in accordance with 19 CFR 351.204(b)(2). Scope of the Investigation The product covered by this investigation is boltless steel shelving from the PRC. For a full description of the scope of the investigation, see the 1 See Letter from Petitioner, regarding ‘‘Boltless Steel Shelving Units Prepackaged for Sale from the People’s Republic of China,’’ dated August 26, 2014 (hereafter referred to as the ‘‘Petition’’). 2 See Petitioner’s September 2, 4 & 11, 2014 responses. E:\FR\FM\22SEN1.SGM 22SEN1 56568 Federal Register / Vol. 79, No. 183 / Monday, September 22, 2014 / Notices ‘‘Scope of the Investigation’’ at the Appendix of this notice. asabaliauskas on DSK5VPTVN1PROD with NOTICES Comments on the Scope of the Investigation During our review of the Petition, we solicited information from Petitioner to ensure that the proposed scope language is an accurate reflection of the products for which the domestic industry is seeking relief. Moreover, as discussed in the preamble to the Department’s regulations,3 we are setting aside a period for interested parties to raise issues regarding product coverage. If scope comments include factual information,4 all such factual information should be limited to public information. The Department encourages all interested parties to submit such comments by 5:00 p.m. Eastern Time (ET) on October 6, 2014, which is 20 calendar days from the signature date of this notice.5 Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on October 16, 2014, which is 10 calendar days after the initial comments. 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. All comments must be filed on the record of the PRC CVD investigation, as well as the concurrent PRC AD investigation. Filing Requirements All submissions to the Department must be filed electronically using Enforcement & Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (‘‘IA ACCESS’’). An electronically filed document must be received successfully in its entirety by the Department’s electronic records system, IA ACCESS, by the time and date set by the Department. Documents excepted from the electronic submission requirements must be filed manually (i.e., in paper form) with Enforcement and Compliance’s APO/Dockets Unit, Room 1870, U.S. Department of Commerce, 3 See Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 27296, 27323 (May 19, 1997). 4 See 19 CFR 351.102(b)(21). 5 The 20th day falls on October 5, 2014. As this is a Sunday, we are applying our Next Business Day Rule. See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR24533 (May 10, 2005). VerDate Sep<11>2014 17:07 Sep 19, 2014 Jkt 232001 14th Street and Constitution Avenue NW., Washington, DC 20230, and stamped with the date and time of receipt by the deadline established by the Department.6 Consultations Pursuant to section 702(b)(4)(A)(ii) of the Act, the Department held consultations with the Government of the PRC (hereinafter, the ‘‘GOC’’) with respect to the Petition on September 10, 2014.7 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 U.S. 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 6 Information on help using IA ACCESS can be found at https://iaaccess.trade.gov/help.aspx and a handbook can be found at https:// iaaccess.trade.gov/help/Handbook%20on% 20Electronic%20Filing%20Procedures.pdf. 7 See ‘‘Countervailing Duty Petition on Boltless Steel Shelving Units Prepackaged for Sale from the People’s Republic of China: Consultations with the Government of the People’s Republic of China,’’ dated September 10, 2014. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 domestic like product,8 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.9 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, Petitioner does not offer a definition of domestic like product distinct from the scope of the investigation. Based on our analysis of the information submitted on the record, we have determined that boltless steel shelves, as defined in the scope of the investigation, constitute a single domestic like product and we have analyzed industry support in terms of that domestic like product.10 In determining whether 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 Investigation’’ section above. To establish industry support, Petitioner provided 2013 production quantities of the domestic like product produced by those in support of the petition, and compared this to the estimated total production of the domestic like product for the entire domestic industry.11 Petitioner estimated total 2013 production of the domestic like product using their own production data and 8 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)). 10 See Countervailing Duty Investigation Initiation Checklist: Boltless Steel Shelving Units Prepackaged for Sale from the People’s Republic of China (‘‘Initiation Checklist’’), at Attachment II, Analysis of Industry Support for the Petitions Covering Boltless Steel Shelving Units Prepackaged for Sale from the People’s Republic of China (‘‘Attachment II’’). This checklist is dated concurrently with this notice and on file electronically via IA ACCESS. Access to documents filed via IA ACCESS is also available in the Central Records Unit, Room 7046 of the main Department of Commerce building. 11 See Volume I of the Petition, at 3–4 and at Exhibits GEN–1 and GEN–2. 9 See E:\FR\FM\22SEN1.SGM 22SEN1 Federal Register / Vol. 79, No. 183 / Monday, September 22, 2014 / Notices knowledge they obtained about the industry.12 We have relied upon data Petitioner provided for purposes of measuring industry support.13 Based on information provided in the Petition and supplemental submission, we determine that Petitioner has 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.14 Based on information provided in the Petition, 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. 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.15 The Department finds that 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 the Department initiate.16 asabaliauskas on DSK5VPTVN1PROD with NOTICES 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 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, Petitioner contends that subject imports exceed the negligibility threshold provided for under section 771(24)(A) of the Act.17 12 Id. 13 See Initiation Checklist, at Attachment II. 14 Id. 15 Id. 16 Id. 17 See Volume I of the Petition, at 16 and at Exhibit GEN–6. VerDate Sep<11>2014 17:07 Sep 19, 2014 Jkt 232001 Petitioner maintains that the industry’s injured condition is illustrated by reduced market share; underselling and price depression or suppression; lost sales and revenues; decline in key trade and financial variables; capacity utilization-ratio decline; and decline in financial performance.18 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.19 Initiation of Countervailing Duty Investigation Section 702(b)(1) of the Act requires the Department to initiate a CVD proceeding 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 Department has examined the Petition on boltless steel shelves from the PRC 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 producers/exporters of boltless steel shelves in the PRC receive countervailable subsidies. For a discussion of evidence supporting our initiation determination, see the CVD Initiation Checklist which accompanies this notice. Based on our review of the Petition, we find that there is sufficient information to initiate a CVD investigation of 18 of the alleged programs, and part of an additional alleged program. For the other one program and part of another program alleged by Petitioner, we have determined that the requirements for initiation have not been met. For a full discussion of the basis for our decision to initiate or not initiate on each program, see the CVD Initiation Checklist. Respondent Selection The Department normally selects respondents in a CVD investigation using CBP entry data. However, for this investigation, the HTSUS numbers the 18 See Volume I of the Petition, at 17–20, at Exhibits GEN–2, GEN–6, AND GEN–9, and GEN–10. 19 See Initiation Checklist, at Attachment III, Analysis of Allegations and Evidence of Material Injury and Causation for the Petitions Covering Steel Shelves from the People’s Republic of China. PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 56569 subject merchandise would enter under, 9403.20.0018 and 9403.20.0020, are basket categories containing many products unrelated to boltless steel shelves, and much of the reported entry data do not contain quantity information. Therefore, we cannot rely on CBP entry data in selecting respondents. Instead, we will issue quantity and value questionnaires to each potential respondent named in the Petition,20 and will base respondent selection on the responses received. In addition, the Department will post the quantity and value questionnaire along with the filing instructions on the Enforcement & Compliance Web site (http://trade.gov/enforcement/ news.asp). Exporters and producers that do not receive quantity and value questionnaires via mail may still submit a quantity and value response, and can obtain a copy from the Enforcement & Compliance Web site. The quantity and value questionnaire must be submitted by all PRC exporters/producers no later than September 26, 2014. All quantity and value questionnaires must be filed electronically using ACCESS. An electronically filed document must be received successfully in its entirety by the Department’s electronic records system, IA ACCESS, by 5 p.m. Eastern time by the date noted above. Documents excepted from the electronic submission requirements must be filed manually (i.e., in paper form) with Enforcement & Compliance’s APO/Dockets Unit, Room 1870, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, and stamped with the date and time of receipt by the deadline noted above. We intend to make our decision regarding respondent selection within 20 days of publication of this Federal Register notice. Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305(b). Instructions for filing such applications may be found on the Department’s Web site at http://enforcement.trade.gov/apo. Distribution of Copies of the CVD Petition In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 351.202(f), we have provided a copy of the public version of the Petition to the representatives of the GOC. 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 the delivery of the 20 See E:\FR\FM\22SEN1.SGM Volume I of the Petition at Exhibit I–9. 22SEN1 56570 Federal Register / Vol. 79, No. 183 / Monday, September 22, 2014 / Notices public version to the GOC, consistent with 19 CFR 351.203(c)(2). ITC Notification We have notified the ITC of our initiation, as required by section 702(d) of the Act. asabaliauskas on DSK5VPTVN1PROD with NOTICES Preliminary Determination 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 boltless steel shelves from the PRC materially injure, or threaten material injury to, a U.S. industry.21 A negative ITC determination will result in the investigation being terminated.22 Otherwise, the investigation will proceed according to statutory and regulatory time limits. Submission of Factual Information On April 10, 2013, the Department published Definition of Factual Information and Time Limits, which modified two regulations related to AD and CVD proceedings: (1) The definition of factual information (19 CFR 351.102(b)(21)), and (2) the time limits for the submission of factual information (19 CFR 351.301). The final rule identifies five categories of factual information in 19 CFR 351.102(b)(21), which are summarized as follows: (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)—(iv). The final rule 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. The final rule also modified 19 CFR 351.301 so that, rather than providing general time limits, there are specific time limits based on the type of factual information being submitted. These modifications are effective for all proceeding segments initiated on or after May 10, 2013, and thus are applicable to this investigation. Review the final rule, available at http://enforcement.trade.gov/frn/2013/ 21 See 22 See section 703(a)(2) of the Act. section 703(a)(1) of the Act. VerDate Sep<11>2014 17:07 Sep 19, 2014 Jkt 232001 1304frn/2013-08227.txt, prior to submitting factual information for this investigation. Extension of Time Limits On September 20, 2013, the Department published Extension of Time Limits,23 which modified one regulation related to AD and CVD proceedings regarding the extension of time limits for submissions in such proceedings (19 CFR 351.302(c)). These modifications are effective for all segments initiated on or after October 21, 2013, and thus are applicable to this investigation. All parties should review the final rule, available at http:// www.gpo.gov/fdsys/pkg/FR-2013-09-20/ html/2013-22853.htm, prior to requesting an extension. Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.24 Parties are hereby reminded that the Department issued a final rule with respect to certification requirements, effective August 16, 2013, and that the revised certification requirements are in effect for company/government officials as well as their representatives. All segments of any AD or CVD proceedings initiated on or after August 16, 2013, including this investigation, should use the formats for the revised certifications provided at the end of the Certifications Final Rule.25 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 in accordance with 19 CFR 351.305(b). Instructions for filing such applications may be found on the Department’s Web site at http://enforcement.trade.gov/ apo/index.html. This notice is issued and published pursuant to section 777(i) of the Act and 19 CFR 351.203(c). 23 See Extension of Time Limits, 78 FR 57790 (September 20, 2013). 24 See section 782(b) of the Act. 25 See Certification of Factual Information To Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Certifications Final Rule); see also the frequently asked questions regarding the Certifications Final Rule, available at the following: http://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 Dated: September 15, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix Scope of the 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 enduser. The scope also includes add-on kits. Add-on kits include, but are not limited to, kits that allow the end-user to add an extension shelving unit onto an existing boltless steel shelving unit such that the extension and the original unit will share common frame elements (e.g., two posts). The term ‘‘boltless’’ refers to steel shelving in which the vertical and horizontal supports forming the frame are assembled primarily without the use of nuts and bolts or screws. The vertical and horizontal support members for boltless steel shelving are assembled by methods such as, but not limited to, fitting a rivet, punched or cut tab or other similar connector on one support into a hole, slot or similar receptacle on another support. The supports lock together to form the frame for the shelving unit, and provide the structural integrity of the shelving unit separate from the inclusion of any decking. The incidental use of nuts and bolts or screws to add accessories, wall anchors, tie-bars or shelf supports does not remove the product from scope. Boltless steel shelving units may also come packaged as partially assembled, such as when two upright supports are welded together with front-to-back supports, or are otherwise connected, to form an end unit for the frame. The boltless steel shelving covered by this investigation may be commonly described as rivet shelving, welded frame shelving, slot and tab shelving, and punched rivet (quasi-rivet) shelving as well as by other trade names. The term ‘‘deck’’ refers to the shelf that sits on or fits into the horizontal supports (beams or braces) to provide the horizontal storage surface of the shelving unit. The scope includes all boltless steel shelving meeting the description above, regardless of (1) vertical support or post type (including but not limited to open post, closed post and tubing); (2) horizontal support or beam/brace profile (including but not limited to Z-beam, C-beam, L-beam, step beam and cargo rack); (3) number of supports; (4) surface coating (including but not limited to paint, epoxy, powder coating, zinc and other metallic coating); (5) number of levels; (6) weight capacity; (7) shape (including but not limited to rectangular, square, and corner units); (8) decking material (including but not limited to wire decking, particle board, laminated board or no deck at all); or (9) the boltless method by which vertical and horizontal supports connect (including but not limited to keyhole E:\FR\FM\22SEN1.SGM 22SEN1 Federal Register / Vol. 79, No. 183 / Monday, September 22, 2014 / Notices and rivet, slot and tab, welded frame, punched rivet and clip). Specifically excluded from the scope are: • Wall-mounted shelving, defined as shelving that is hung on the wall and does not stand on, or transfer load to, the floor; 26 • wire shelving units, which consist of shelves made from wire that incorporates both a wire deck and wire horizontal supports (taking the place of the horizontal beams and braces) into a single piece with tubular collars that slide over the posts and onto plastic sleeves snapped on the posts to create the finished shelving unit; • bulk-packed parts or components of boltless steel shelving units; and • made-to-order shelving systems. 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. [FR Doc. 2014–22494 Filed 9–19–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration asabaliauskas on DSK5VPTVN1PROD with NOTICES Ohio State University, et al.; Notice of Decision on Application for Duty-Free Entry of Scientific Instruments This is a decision pursuant to Section 6(c) of the Educational, Scientific, and Cultural Materials Importation Act of 1966 (Pub. L. 89–651, as amended by Pub. L. 106–36; 80 Stat. 897; 15 CFR part 301). Related records can be viewed between 8:30 a.m. and 5:00 p.m. in Room 3720, U.S. Department of Commerce, 14th and Constitution Ave. NW., Washington, DC. Docket Number: 14–009. Applicant: Ohio State University, Columbus, OH 43210. Instrument: Diode pumped, solid state high speed Nd:YVO4 laser system. Manufacturer: Edgewave GmbH, Germany. Intended Use: See notice at 79 FR 34491, June 17, 2014. Comments: None received. Decision: Approved. We know of no instruments of equivalent scientific value to the foreign instruments described below, for such purposes as this is intended to be used, that was being manufactured in the United States at the time of order. Reasons: The instrument will be used to conduct particle imaging velocimetry, and Rayleigh scattering and planar laser-induced fluorescence, to 26 The addition of a wall bracket or other device to attach otherwise freestanding subject merchandise to a wall does not meet the terms of this exclusion. VerDate Sep<11>2014 17:07 Sep 19, 2014 Jkt 232001 understand the fundamental roles of fluid turbulence on scalar mixing and reaction rates by studying fundamental fluid mechanics and chemical kinetics in turbulent flows with and without chemical reaction and combustion. The primary targets are non-reacting turbulent flows consisting of compressed air and combusting turbulent flows with fuels of methane and oxidizer of air. The products of combustion are water, carbon dioxide, and nitrogen. The instrument is required to operate over a broad range of experiment conditions with specific targets of repetition rates ranging from 1 to 50 kHz. At these repetition rates, a minimum output power of 20 Watts is required at all operating conditions. A high-quality beam profile of M2<2 is also needed. The pulse duration of the laser must also be less than 10 nanoseconds. Without these characteristics, accurate velocity and scalar fields, including species concentration, temperature, and density cannot be measured. Docket Number: 14–011. Applicant: University of California, San Diego, La Jolla, CA 92093. Instrument: iMIC Digital Microscope 2.0. Manufacturer: TILL Photonics (FEI Munich), Germany. Intended Use: See notice at 79 FR 41537, July 16, 2014. Comments: None received. Decision: Approved. We know of no instruments of equivalent scientific value to the foreign instruments described below, for such purposes as this is intended to be used, that was being manufactured in the United States at the time of order. Reasons: The instrument will be used to gain fundamental knowledge of the mechanisms involved in eukaryotic cell motion, by utilizing a total internal reflection technique which allows visualization of only the cell part that is immediately above the substratum (roughly the bottom 100nm of a cell), which enables cell imaging with a superior spatial and temporal resolution over other non-TIRF microscopes. Examples of experiments to be conducted with the instrument include measuring the forces generated by several different cell types on substrates during directed motility, determining the spatial location of signaling components involved in cell-substrate adhesion, investigating the effect of different substrate rigidities on cell motility, determining the response of cells to externally imposed chemical gradients, and determining the role of certain signaling components in cell motility. Crucial in the experiments is the unique ability of the instrument to autofocus the imaging plane such that PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 56571 the cell remains in focus for an extended period of time, which guarantees sharp images for the duration of the experiments. The instrument also has a Yanus IV scanhead that enables fast Fluorescence Recovery After Photobleaching (FRAP) experiments, and a custom-made plexiglass box to facilitate specific temperature and CO2 concentrations required by mammalian and amoeboid cells, that can easily be removed to transition between different conditions. Docket Number: 14–013. Applicant: Howard Hughes Medical University, Chevy Chase, MD 20815. Instrument: Vitrobot Vitrification Robot for Cryopreservation. Manufacturer: FEI, Czech Republic. Intended Use: See notice at 79 FR 46773, August 11, 2014. Comments: None received. Decision: Approved. We know of no instruments of equivalent scientific value to the foreign instruments described below, for such purposes as this is intended to be used, that was being manufactured in the United States at the time of order. Reasons: The instrument is used to produce high-quality frozen-hydrated biological specimens for observation in cryo-TEM, to determine the structure of macromolecular biological complexes. It is equipped with an environmental chamber and fully automated control of blotting and plunge-freezing conditions. The computerized control of the humidity/temperature environment specimen chamber and blotting/freezing conditions is essential to reproducibly obtaining high quality samples for TEM, free of freezing artifacts. Docket Number: 14–015. Applicant: South Dakota State University, Brookings, SD 57007. Instrument: SUNALE R–150 Atomic Layer Deposition Reactor. Manufacturer: Picosun, Finland. Intended Use: See notice at 79 FR 46773, August 11, 2014. Comments: None received. Decision: Approved. We know of no instruments of equivalent scientific value to the foreign instruments described below, for such purposes as this is intended to be used, that was being manufactured in the United States at the time of order. Reasons: The instrument will be used to obtain ultrathin dielectric films with full coverage of semiconductor device surface to prevent electric leakage, and fabricate amorphous metal thin films, by depositing oxide films onto metal layer surfaces and studying the effect of the diode, in order to study film uniformity, adhesion, dielectric constant, and optical constants. Unique features of the instrument include a dual vacuum chamber, which allows different reaction chambers to be fit into the same E:\FR\FM\22SEN1.SGM 22SEN1

Agencies

[Federal Register Volume 79, Number 183 (Monday, September 22, 2014)]
[Notices]
[Pages 56567-56571]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-22494]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-019]


Boltless Steel Shelving Units Prepackaged for Sale From the 
People's Republic of China: Initiation of Countervailing Duty 
Investigation

AGENCY: Enforcement & Compliance, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: September 22, 2014.

FOR FURTHER INFORMATION CONTACT: Paul Walker or Susan Pulongbarit, AD/
CVD Operations, Enforcement & Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: 202.482.0413 
or 202.482.4013, respectively.

SUPPLEMENTARY INFORMATION:

The Petition

    On August 26, 2014, the Department of Commerce (the ``Department'') 
received a countervailing duty (``CVD'') petition concerning imports of 
boltless steel shelving units prepackaged for sale (``boltless steel 
shelves'') from the People's Republic of China (``PRC''), filed in 
proper form by Edsal Manufacturing Co., Inc. (``Petitioner''), a 
domestic producer of boltless steel shelves. The CVD petition was 
accompanied by an antidumping duty (``AD'') petition concerning imports 
of boltless steel shelves from the PRC.\1\ On August 27, and August 28, 
2014, the Department issued additional requests for information and 
clarification of certain areas of the Petition. Based on the 
Department's requests, Petitioner timely filed additional information 
pertaining to the Petition on September 2, 4, and 11, 2014.\2\
---------------------------------------------------------------------------

    \1\ See Letter from Petitioner, regarding ``Boltless Steel 
Shelving Units Prepackaged for Sale from the People's Republic of 
China,'' dated August 26, 2014 (hereafter referred to as the 
``Petition'').
    \2\ See Petitioner's September 2, 4 & 11, 2014 responses.
---------------------------------------------------------------------------

    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the ``Act''), Petitioner alleges that producers/exporters of 
boltless steel shelves in the PRC received countervailable subsidies 
within the meaning of sections 701 and 771(5) of the Act, and that 
imports from these producers/exporters materially injure, or threaten 
material injury to, an industry in the United States.
    The Department finds that Petitioner filed this Petition on behalf 
of the domestic industry because it is an interested party as defined 
in section 771(9)(C) of the Act, and Petitioner has demonstrated 
sufficient industry support with respect to the CVD investigation that 
it is requesting the Department to initiate (see ``Determination of 
Industry Support for the Petition'' below).

Period of Investigation

    The period of investigation (``POI'') is calendar year 2013, in 
accordance with 19 CFR 351.204(b)(2).

Scope of the Investigation

    The product covered by this investigation is boltless steel 
shelving from the PRC. For a full description of the scope of the 
investigation, see the

[[Page 56568]]

``Scope of the Investigation'' at the Appendix of this notice.

Comments on the Scope of the Investigation

    During our review of the Petition, we solicited information from 
Petitioner to ensure that the proposed scope language is an accurate 
reflection of the products for which the domestic industry is seeking 
relief. Moreover, as discussed in the preamble to the Department's 
regulations,\3\ we are setting aside a period for interested parties to 
raise issues regarding product coverage. If scope comments include 
factual information,\4\ all such factual information should be limited 
to public information. The Department encourages all interested parties 
to submit such comments by 5:00 p.m. Eastern Time (ET) on October 6, 
2014, which is 20 calendar days from the signature date of this 
notice.\5\ Any rebuttal comments, which may include factual 
information, must be filed by 5:00 p.m. ET on October 16, 2014, which 
is 10 calendar days after the initial comments. 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. All comments must be filed on the record of the 
PRC CVD investigation, as well as the concurrent PRC AD investigation.
---------------------------------------------------------------------------

    \3\ See Antidumping Duties; Countervailing Duties; Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \4\ See 19 CFR 351.102(b)(21).
    \5\ The 20th day falls on October 5, 2014. As this is a Sunday, 
we are applying our Next Business Day Rule. See Notice of 
Clarification: Application of ``Next Business Day'' Rule for 
Administrative Determination Deadlines Pursuant to the Tariff Act of 
1930, As Amended, 70 FR24533 (May 10, 2005).
---------------------------------------------------------------------------

Filing Requirements

    All submissions to the Department must be filed electronically 
using Enforcement & Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (``IA ACCESS''). An 
electronically filed document must be received successfully in its 
entirety by the Department's electronic records system, IA ACCESS, by 
the time and date set by the Department. Documents excepted from the 
electronic submission requirements must be filed manually (i.e., in 
paper form) with Enforcement and Compliance's APO/Dockets Unit, Room 
1870, U.S. Department of Commerce, 14th Street and Constitution Avenue 
NW., Washington, DC 20230, and stamped with the date and time of 
receipt by the deadline established by the Department.\6\
---------------------------------------------------------------------------

    \6\ Information on help using IA ACCESS can be found at https://iaaccess.trade.gov/help.aspx and a handbook can be found at https://iaaccess.trade.gov/help/Handbook%20on%20Electronic%20Filing%20Procedures.pdf.
---------------------------------------------------------------------------

Consultations

    Pursuant to section 702(b)(4)(A)(ii) of the Act, the Department 
held consultations with the Government of the PRC (hereinafter, the 
``GOC'') with respect to the Petition on September 10, 2014.\7\
---------------------------------------------------------------------------

    \7\ See ``Countervailing Duty Petition on Boltless Steel 
Shelving Units Prepackaged for Sale from the People's Republic of 
China: Consultations with the Government of the People's Republic of 
China,'' dated September 10, 2014.
---------------------------------------------------------------------------

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 U.S. 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,\8\ 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.\9\
---------------------------------------------------------------------------

    \8\ See section 771(10) of the Act.
    \9\ 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, Petitioner does not offer 
a definition of domestic like product distinct from the scope of the 
investigation. Based on our analysis of the information submitted on 
the record, we have determined that boltless steel shelves, as defined 
in the scope of the investigation, constitute a single domestic like 
product and we have analyzed industry support in terms of that domestic 
like product.\10\
---------------------------------------------------------------------------

    \10\ See Countervailing Duty Investigation Initiation Checklist: 
Boltless Steel Shelving Units Prepackaged for Sale from the People's 
Republic of China (``Initiation Checklist''), at Attachment II, 
Analysis of Industry Support for the Petitions Covering Boltless 
Steel Shelving Units Prepackaged for Sale from the People's Republic 
of China (``Attachment II''). This checklist is dated concurrently 
with this notice and on file electronically via IA ACCESS. Access to 
documents filed via IA ACCESS is also available in the Central 
Records Unit, Room 7046 of the main Department of Commerce building.
---------------------------------------------------------------------------

    In determining whether 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 Investigation'' section above. To 
establish industry support, Petitioner provided 2013 production 
quantities of the domestic like product produced by those in support of 
the petition, and compared this to the estimated total production of 
the domestic like product for the entire domestic industry.\11\ 
Petitioner estimated total 2013 production of the domestic like product 
using their own production data and

[[Page 56569]]

knowledge they obtained about the industry.\12\ We have relied upon 
data Petitioner provided for purposes of measuring industry 
support.\13\
---------------------------------------------------------------------------

    \11\ See Volume I of the Petition, at 3-4 and at Exhibits GEN-1 
and GEN-2.
    \12\ Id.
    \13\ See Initiation Checklist, at Attachment II.
---------------------------------------------------------------------------

    Based on information provided in the Petition and supplemental 
submission, we determine that Petitioner has 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.\14\ Based on information provided in the Petition, 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. 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.\15\
---------------------------------------------------------------------------

    \14\ Id.
    \15\ Id.
---------------------------------------------------------------------------

    The Department finds that 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 the Department initiate.\16\
---------------------------------------------------------------------------

    \16\ 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

    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, Petitioner contends 
that subject imports exceed the negligibility threshold provided for 
under section 771(24)(A) of the Act.\17\
---------------------------------------------------------------------------

    \17\ See Volume I of the Petition, at 16 and at Exhibit GEN-6.
---------------------------------------------------------------------------

    Petitioner maintains that the industry's injured condition is 
illustrated by reduced market share; underselling and price depression 
or suppression; lost sales and revenues; decline in key trade and 
financial variables; capacity utilization-ratio decline; and decline in 
financial performance.\18\ 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.\19\
---------------------------------------------------------------------------

    \18\ See Volume I of the Petition, at 17-20, at Exhibits GEN-2, 
GEN-6, AND GEN-9, and GEN-10.
    \19\ See Initiation Checklist, at Attachment III, Analysis of 
Allegations and Evidence of Material Injury and Causation for the 
Petitions Covering Steel Shelves from the People's Republic of 
China.
---------------------------------------------------------------------------

Initiation of Countervailing Duty Investigation

    Section 702(b)(1) of the Act requires the Department to initiate a 
CVD proceeding 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 Department has examined the Petition on boltless steel shelves 
from the PRC 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 producers/exporters of boltless steel shelves in the 
PRC receive countervailable subsidies. For a discussion of evidence 
supporting our initiation determination, see the CVD Initiation 
Checklist which accompanies this notice.
    Based on our review of the Petition, we find that there is 
sufficient information to initiate a CVD investigation of 18 of the 
alleged programs, and part of an additional alleged program. For the 
other one program and part of another program alleged by Petitioner, we 
have determined that the requirements for initiation have not been met. 
For a full discussion of the basis for our decision to initiate or not 
initiate on each program, see the CVD Initiation Checklist.

Respondent Selection

    The Department normally selects respondents in a CVD investigation 
using CBP entry data. However, for this investigation, the HTSUS 
numbers the subject merchandise would enter under, 9403.20.0018 and 
9403.20.0020, are basket categories containing many products unrelated 
to boltless steel shelves, and much of the reported entry data do not 
contain quantity information. Therefore, we cannot rely on CBP entry 
data in selecting respondents. Instead, we will issue quantity and 
value questionnaires to each potential respondent named in the 
Petition,\20\ and will base respondent selection on the responses 
received. In addition, the Department will post the quantity and value 
questionnaire along with the filing instructions on the Enforcement & 
Compliance Web site (http://trade.gov/enforcement/news.asp). Exporters 
and producers that do not receive quantity and value questionnaires via 
mail may still submit a quantity and value response, and can obtain a 
copy from the Enforcement & Compliance Web site. The quantity and value 
questionnaire must be submitted by all PRC exporters/producers no later 
than September 26, 2014.
---------------------------------------------------------------------------

    \20\ See Volume I of the Petition at Exhibit I-9.
---------------------------------------------------------------------------

    All quantity and value questionnaires must be filed electronically 
using ACCESS. An electronically filed document must be received 
successfully in its entirety by the Department's electronic records 
system, IA ACCESS, by 5 p.m. Eastern time by the date noted above. 
Documents excepted from the electronic submission requirements must be 
filed manually (i.e., in paper form) with Enforcement & Compliance's 
APO/Dockets Unit, Room 1870, U.S. Department of Commerce, 14th Street 
and Constitution Avenue NW., Washington, DC 20230, and stamped with the 
date and time of receipt by the deadline noted above. We intend to make 
our decision regarding respondent selection within 20 days of 
publication of this Federal Register notice. Interested parties must 
submit applications for disclosure under APO in accordance with 19 CFR 
351.305(b). Instructions for filing such applications may be found on 
the Department's Web site at http://enforcement.trade.gov/apo.

Distribution of Copies of the CVD Petition

    In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 
351.202(f), we have provided a copy of the public version of the 
Petition to the representatives of the GOC. 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 the delivery of the

[[Page 56570]]

public version to the GOC, consistent with 19 CFR 351.203(c)(2).

ITC Notification

    We have notified the ITC of our initiation, as required by section 
702(d) of the Act.

Preliminary Determination 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 boltless steel shelves from the PRC 
materially injure, or threaten material injury to, a U.S. industry.\21\ 
A negative ITC determination will result in the investigation being 
terminated.\22\ Otherwise, the investigation will proceed according to 
statutory and regulatory time limits.
---------------------------------------------------------------------------

    \21\ See section 703(a)(2) of the Act.
    \22\ See section 703(a)(1) of the Act.
---------------------------------------------------------------------------

Submission of Factual Information

    On April 10, 2013, the Department published Definition of Factual 
Information and Time Limits, which modified two regulations related to 
AD and CVD proceedings: (1) The definition of factual information (19 
CFR 351.102(b)(21)), and (2) the time limits for the submission of 
factual information (19 CFR 351.301). The final rule identifies five 
categories of factual information in 19 CFR 351.102(b)(21), which are 
summarized as follows: (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)--(iv). 
The final rule 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. The final rule also modified 19 CFR 351.301 so that, rather 
than providing general time limits, there are specific time limits 
based on the type of factual information being submitted. These 
modifications are effective for all proceeding segments initiated on or 
after May 10, 2013, and thus are applicable to this investigation. 
Review the final rule, available at http://enforcement.trade.gov/frn/2013/1304frn/2013-08227.txt, prior to submitting factual information 
for this investigation.

Extension of Time Limits

    On September 20, 2013, the Department published Extension of Time 
Limits,\23\ which modified one regulation related to AD and CVD 
proceedings regarding the extension of time limits for submissions in 
such proceedings (19 CFR 351.302(c)). These modifications are effective 
for all segments initiated on or after October 21, 2013, and thus are 
applicable to this investigation. All parties should review the final 
rule, available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to requesting an extension.
---------------------------------------------------------------------------

    \23\ See Extension of Time Limits, 78 FR 57790 (September 20, 
2013).
---------------------------------------------------------------------------

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\24\ 
Parties are hereby reminded that the Department issued a final rule 
with respect to certification requirements, effective August 16, 2013, 
and that the revised certification requirements are in effect for 
company/government officials as well as their representatives. All 
segments of any AD or CVD proceedings initiated on or after August 16, 
2013, including this investigation, should use the formats for the 
revised certifications provided at the end of the Certifications Final 
Rule.\25\ The Department intends to reject factual submissions if the 
submitting party does not comply with the applicable revised 
certification requirements.
---------------------------------------------------------------------------

    \24\ See section 782(b) of the Act.
    \25\ See Certification of Factual Information To Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Certifications Final 
Rule); see also the frequently asked questions regarding the 
Certifications Final Rule, available at the following: http://
enforcement.trade.gov/tlei/notices/
factualinfofinalruleFAQ0
7172013.pdf.
---------------------------------------------------------------------------

Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
administrative protective order in accordance with 19 CFR 351.305(b). 
Instructions for filing such applications may be found on the 
Department's Web site at http://enforcement.trade.gov/apo/index.html.
    This notice is issued and published pursuant to section 777(i) of 
the Act and 19 CFR 351.203(c).

    Dated: September 15, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the 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. The scope 
also includes add-on kits. Add-on kits include, but are not limited 
to, kits that allow the end-user to add an extension shelving unit 
onto an existing boltless steel shelving unit such that the 
extension and the original unit will share common frame elements 
(e.g., two posts). The term ``boltless'' refers to steel shelving in 
which the vertical and horizontal supports forming the frame are 
assembled primarily without the use of nuts and bolts or screws. The 
vertical and horizontal support members for boltless steel shelving 
are assembled by methods such as, but not limited to, fitting a 
rivet, punched or cut tab or other similar connector on one support 
into a hole, slot or similar receptacle on another support. The 
supports lock together to form the frame for the shelving unit, and 
provide the structural integrity of the shelving unit separate from 
the inclusion of any decking. The incidental use of nuts and bolts 
or screws to add accessories, wall anchors, tie-bars or shelf 
supports does not remove the product from scope. Boltless steel 
shelving units may also come packaged as partially assembled, such 
as when two upright supports are welded together with front-to-back 
supports, or are otherwise connected, to form an end unit for the 
frame. The boltless steel shelving covered by this investigation may 
be commonly described as rivet shelving, welded frame shelving, slot 
and tab shelving, and punched rivet (quasi-rivet) shelving as well 
as by other trade names. The term ``deck'' refers to the shelf that 
sits on or fits into the horizontal supports (beams or braces) to 
provide the horizontal storage surface of the shelving unit.
    The scope includes all boltless steel shelving meeting the 
description above, regardless of (1) vertical support or post type 
(including but not limited to open post, closed post and tubing); 
(2) horizontal support or beam/brace profile (including but not 
limited to Z-beam, C-beam, L-beam, step beam and cargo rack); (3) 
number of supports; (4) surface coating (including but not limited 
to paint, epoxy, powder coating, zinc and other metallic coating); 
(5) number of levels; (6) weight capacity; (7) shape (including but 
not limited to rectangular, square, and corner units); (8) decking 
material (including but not limited to wire decking, particle board, 
laminated board or no deck at all); or (9) the boltless method by 
which vertical and horizontal supports connect (including but not 
limited to keyhole

[[Page 56571]]

and rivet, slot and tab, welded frame, punched rivet and clip).
    Specifically excluded from the scope are:
     Wall-mounted shelving, defined as shelving that is hung 
on the wall and does not stand on, or transfer load to, the floor; 
\26\
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    \26\ The addition of a wall bracket or other device to attach 
otherwise freestanding subject merchandise to a wall does not meet 
the terms of this exclusion.
---------------------------------------------------------------------------

     wire shelving units, which consist of shelves made from 
wire that incorporates both a wire deck and wire horizontal supports 
(taking the place of the horizontal beams and braces) into a single 
piece with tubular collars that slide over the posts and onto 
plastic sleeves snapped on the posts to create the finished shelving 
unit;
     bulk-packed parts or components of boltless steel 
shelving units; and
     made-to-order shelving systems.

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.

[FR Doc. 2014-22494 Filed 9-19-14; 8:45 am]
BILLING CODE 3510-DS-P