Boltless Steel Shelving Units Prepackaged for Sale From the People's Republic of China: Initiation of Countervailing Duty Investigation, 56567-56571 [2014-22494]
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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 https://enforcement.trade.gov/
apo/.
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.
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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,
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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.
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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.
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‘‘Scope of the Investigation’’ at the
Appendix of this notice.
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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).
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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.
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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
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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
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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.
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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.
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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
(https://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 https://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
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Volume I of the Petition at Exhibit I–9.
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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.
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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
https://enforcement.trade.gov/frn/2013/
21 See
22 See
section 703(a)(2) of the Act.
section 703(a)(1) of the Act.
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17:07 Sep 19, 2014
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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 https://
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 https://enforcement.trade.gov/
apo/.
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:
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
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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]
-----------------------------------------------------------------------
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 (https://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 https://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 https://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 https://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).
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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.
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\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: https://
enforcement.trade.gov/tlei/notices/
factualinfofinalruleFAQ0
7172013.pdf.
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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 https://enforcement.trade.gov/apo/.
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.
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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
