Boltless Steel Shelving Units Prepackaged for Sale from the People's Republic of China: Preliminary Determination of Sales at Less Than Fair Value, 17409-17411 [2015-07475]
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Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Notices
employment healthcare plans of
governments. Specific, detailed
questions on defined-benefit plans and
defined-contribution plans are
important to determine which plans are
in scope for current and future public
sector surveys the Census Bureau
conducts. A Remarks section allows
respondents to provide any additional
insight that may be helpful to improve
the universe of local and special district
governments.
mstockstill on DSK4VPTVN1PROD with NOTICES
II. Method of Collection
The 2016 Government Units Survey is
a census of all counties, municipalities,
townships, and special districts.
Respondents have the option of
responding by paper, via the Internet, by
telephone, or by facsimile. An advance
notification informing respondents of
the impending arrival of the
Government Units Survey will be
mailed two weeks prior to mailing the
questionnaire. The Government Units
Survey questionnaire will be mailed to
respondents in February 2016 followed
by a reminder letter a month later, and
a follow-up mailing in April 2016. The
2016 Government Units Survey
questionnaire will provide a Web site
for respondents who choose to respond
electronically. The Web site is secure
and respondents will receive a unique
user identification and password, which
will be included in a letter
accompanying the questionnaire. A toll
free number will also be provided to
respondents on the questionnaire which
respondents may use to ask questions or
to provide responses. A telephone
number and instructions to respond to
the 2016 GUS by facsimile will be
provided upon request to respondents.
III. Data
OMB Control Number: 0607–0930.
Form Number(s): GUS–1.
Type of Review: Regular (extension of
a currently approved information
collection).
Affected Public: Public sector entities
consisting of local, general purpose, and
special district governments.
Estimated Number of Respondents:
Approximately 77,000.
Estimated Time per Response: 15
minutes.
Estimated Total Annual Burden
Hours: 19,250.
Estimated Total Annual Cost to
Public: $0 in recordkeeping/reporting
costs.
Respondent’s Obligation: Voluntary.
Legal Authority: Title 13 U.S.C.
Sections 161 and 193.
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
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18:37 Mar 31, 2015
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is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Dated: March 27, 2015.
Sarah Brabson,
NOAA PRA Clearance Officer, submitting for
Census.
[FR Doc. 2015–07433 Filed 3–31–15; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–018]
Boltless Steel Shelving Units
Prepackaged for Sale from the
People’s Republic of China:
Preliminary Determination of Sales at
Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: April 1, 2015.
SUMMARY: The Department of Commerce
(‘‘Department’’) preliminarily
determines that boltless steel shelving
units prepackaged for sale from the
People’s Republic of China (‘‘PRC’’) are
being, or are likely to be, sold in the
United States at less than fair value
(‘‘LTFV’’), as provided in section 733 of
the Tariff Act of 1930, as amended (‘‘the
Act’’). The period of investigation
(‘‘POI’’) is January 1, 2014, through June
30, 2014. The estimated margins of sales
at LTFV are shown in the ‘‘Preliminary
Determination’’ section of this notice.
The final determination will be issued
75 days after publication of this
preliminary determination in the
Federal Register. Interested parties are
invited to comment on this preliminary
determination.
FOR FURTHER INFORMATION CONTACT:
Kabir Archuletta or Josh Startup, AD/
CVD Operations, Office V, Enforcement
and Compliance, International Trade
AGENCY:
PO 00000
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17409
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–2593 or (202) 482–
5260, respectively.
SUPPLEMENTARY INFORMATION:
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)
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Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Notices
horizontal support or beam/brace profile
(including but not limited to Z-beam, Cbeam, 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; 1
• 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.
Methodology
The Department conducted this
investigation in accordance with section
731 of the Act. We calculated export
prices and constructed export prices in
accordance with section 772 of the Act.
Because the PRC is a non-market
economy within the meaning of section
771(18) of the Act, normal value (‘‘NV’’)
was calculated in accordance with
section 773(c) of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum hereby adopted
by this notice.2 The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(‘‘ACCESS’’). ACCESS is available to
registered users at https://
access.trade.gov, and is available to all
parties in the Central Records Unit,
room 7046 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly on the Internet at https://
trade.gov/enforcement//. The signed
Preliminary Decision Memorandum and
the electronic version of the Preliminary
Decision Memorandum are identical in
content.
Combination Rates
In the Initiation Notice,3 the
Department stated that it would
calculate combination rates for the
respondents that are eligible for a
separate rate in this investigation. Policy
Bulletin 05.1 describes this practice.4
Preliminary Determination
The preliminary weighted-average
antidumping duty (‘‘AD’’) margin
percentages are as follows:
Weightedaverage
margin
(percent)
Exporter
Producer
Zhongda United Holding Group Co., Ltd ....................................
Jiaxing Zhongda Import & Export Co., Ltd .................................
Nanjing Topsun Racking Manufacturing Co., Ltd .......................
Ningbo ETDZ Huixing Trade Co., Ltd ........................................
Ningbo ETDZ Huixing Trade Co., Ltd ........................................
Ningbo ETDZ Huixing Trade Co., Ltd ........................................
Meridian International Co., Ltd ...................................................
Zhejiang Limai Metal Products Co., Ltd .....................................
PRC-Wide Entity .........................................................................
Jiaxing Zhongda Metalwork Co., Ltd. ........................................
Jiaxing Zhongda Metalwork Co., Ltd .........................................
Nanjing Topsun Racking Manufacturing Co., Ltd ......................
Haifa (Ningbo) Office Equipment Co., Ltd .................................
Ningbo Decko Metal Products Trade Co., Ltd ..........................
Lianfa Metal Product Co., Ltd ....................................................
Zhejiang Limai Metal Products Co. Ltd .....................................
Zhejiang Limai Metal Products Co., Ltd ....................................
....................................................................................................
22.64
22.64
85.26
50.23
50.23
50.23
50.23
50.23
112.68
We intend to disclose the calculations
performed to parties in this proceeding
within five days of the date of
publication of this notice in accordance
with 19 CFR 351.224(b). Case briefs or
other written comments may be
submitted to the Assistant Secretary for
Enforcement and Compliance no later
than seven days after the date on which
the final verification report is issued in
this proceeding and rebuttal briefs,
limited to issues raised in case briefs,
may be submitted no later than five days
after the deadline date for case briefs.5
A table of contents, list of authorities
used, and an executive summary of
issues should accompany any briefs
submitted to the Department.
Interested parties who wish to request
a hearing, or to participate if one is
requested, must submit a written
request to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce, filed
electronically at Enforcement and
Compliance’s electronic records system,
ACCESS. An electronically filed
document must be received successfully
in its entirety by the Department’s
electronic records system, ACCESS, by
5:00 p.m. Eastern Standard Time, within
1 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.
2 See ‘‘Decision Memorandum for Preliminary
Determination for the Antidumping Duty
Investigation of Boltless Steel Shelving Units
Prepackaged for Sale from the People’s Republic of
China from the People’s Republic of China,’’ from
Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, dated concurrently
with this notice (‘‘Preliminary Decision
Memorandum’’).
3 See Boltless Steel Shelving Units Prepackaged
for Sale from the People’s Republic of China:
Initiation of Antidumping Duty Investigation, 79 FR
56562, 56566 (September 22, 2014) (‘‘Initiation
Notice’’).
4 See Enforcement and Compliance’s Policy
Bulletin No. 05.1, regarding, ‘‘Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market
Economy Countries,’’ (April 5, 2005) (‘‘Policy
Bulletin 05.1’’), available on the Department’s Web
site at https://enforcement.trade.gov/policy/bull051.pdf.
5 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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Disclosure and Public Comment
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Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Notices
30 days after the date of publication of
this notice.6 Hearing requests should
contain the party’s name, address, and
telephone number, the number of
participants, and a list of the issues you
intend to present at the hearing. If a
request for a hearing is made, the
Department intends to hold the hearing
at the U.S. Department of Commerce,
14th Street and Constitution Avenue
NW., Washington, DC 20230, at a time
and location to be determined. Parties
should confirm by telephone the date,
time, and location of the hearing two
days before the scheduled date.
Pursuant to section 735(a)(1) of the
Act, we will make our final
determination no later than 75 days
after the date of publication of this
preliminary determination.
Suspension of Liquidation
In accordance with section 733(d) of
the Act the Department will instruct
U.S. Customs and Border Protection
(‘‘CBP’’) to suspend liquidation of all
entries of boltless steel shelving units
prepackaged for sale from the PRC, as
described in the ‘‘Scope of the
Investigation’’ section, entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of this notice in the Federal
Register.
Pursuant to 19 CFR 351.205(d), the
Department will instruct CBP to require
a cash deposit 7 equal to the weightedaverage amount by which NV exceeds
U.S. price, adjusted where appropriate
for export subsidies and estimated
domestic subsidy pass-through,8 as
follows: (1) the cash deposit rate for the
exporter/producer combinations listed
in the table above will be the rate the
Department determines in this
preliminary determination; (2) for all
combinations of PRC exporters/
producers of merchandise under
consideration that have not received
their own separate rate above, the cashdeposit rate will be the cash deposit rate
established for the PRC-wide entity; and
(3) for all non-PRC exporters of
6 See
19 CFR 351.310(c).
Modification of Regulations Regarding the
Practice of Accepting Bonds During the Provisional
Measures Period in Antidumping and
Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
8 See sections 772(c)(1)(C) and 777A(f) of the Act,
respectively. Unlike in administrative reviews, the
Department calculates the adjustment for export
subsidies in investigations not in the margin
calculation program, but in the cash deposit
instructions issued to CBP. See Notice of Final
Determination of Sales at Less Than Fair Value,
and Negative Determination of Critical
Circumstances: Certain Lined Paper Products from
India, 71 FR 45012 (August 8, 2006), and
accompanying Issues and Decision Memorandum at
Comment 1.
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7 See
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merchandise under consideration which
have not received their own separate
rate above, the cash-deposit rate will be
the cash deposit rate applicable to the
PRC exporter/producer combination
that supplied that non-PRC exporter.
Furthermore, consistent with our
practice, where the product under
investigation is also subject to a
concurrent countervailing duty
investigation, we instruct CBP to require
a cash deposit equal to the amount by
which the normal value exceeds the
export price or constructed export price,
less the amount of the countervailing
duty determined to constitute an export
subsidy. In this LTFV investigation,
export subsidies constitute 3.03
percent 9 of the preliminarily calculated
countervailing duty rate in the
concurrent countervailing duty
investigation, and, thus, we will offset
the calculated rates for the mandatory
respondents and the PRC-wide rate of
112.68 percent by the countervailing
duty rate attributable to export subsidies
(i.e., 3.03 percent) to calculate the cash
deposit rate for this LTFV investigation.
Additionally, the Department did not
adjust the preliminary determination
AD margins for estimated domestic
subsidy pass-through because
respondents provided no information to
support an adjustment pursuant to
section 777A(f) of the Act.10
International Trade Commission
(‘‘ITC’’) Notification
In accordance with section 733(f) of
the Act, we notified the ITC of our
preliminary affirmative determination of
sales at LTFV. Section 735(b)(2) of the
Act requires the ITC to make its final
determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports of
boltless steel shelving units
prepackaged for sale, or sales (or the
likelihood of sales) for importation, of
9 The following subsidy programs in the
preliminary determination of the concurrent
countervailing duty investigation are export
subsidies: Export Seller’s Credits and Export
Buyer’s Credits from the Export-Import Bank of
China (1.76 percent), GOC and Sub-Central
Government Subsidies for the Development of
Famous Brands and World Top Brands (0.58
percent), International Market Exploration (SME)
Fund (0.58 percent), Export Assistance/Outward
Expansion Grants in Guangdong Province (0.08
percent), Export Credit Insurance (0.01 percent),
Export Subsidy for High-Tech Merchandise (0.02
percent). See Countervailing Duty Investigation of
Boltless Steel Shelving Units Prepackaged for Sale
From the People’s Republic of China: Preliminary
Determination and Alignment of Final
Determination With Final Antidumping Duty
Determination, 80 FR 5089 (January 30, 2015), and
accompanying Preliminary Decision Memorandum
at 14–15.
10 See Preliminary Decision Memorandum.
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17411
the merchandise under consideration
within 45 days of our final
determination.
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act.
Dated: March 24, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
List of Topics Discussed in the
Preliminary Decision Memorandum:
1. Initiation
2. Period of Investigation
3. Postponement of Preliminary
Determination
4. Scope of the Investigation
5. Scope Comments
6. Selection of Respondents
7. Discussion of the Methodology
a. Non-market Economy Country
b. Surrogate Country and Surrogate Value
Comments
c. Separate Rates
d. Margin for the Separate Rate Companies
e. Combination Rates
f. The PRC-wide Entity
g. Application of Facts Available and
Adverse Facts Available
h. Corroboration of Information
i. Affiliation/Single Entity
j. Date of Sale
k. Fair Value Comparisons
l. Export Price
m. Value-Added Tax
n. Normal Value
o. Factor Valuation Methodology
p. Comparison to Normal Value
q. Currency Conversion
8. Verification
9. Section 777A(f) of the Act
10. International Trade Commission
Notification
11. Conclusion
[FR Doc. 2015–07475 Filed 3–31–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Census Bureau
Proposed Information Collection;
Comment Request; Quarterly Financial
Report
U.S. Census Bureau,
Commerce.
ACTION: Notice.
AGENCY:
The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995,
Public Law 104–13 (44 U.S.C.
3506(c)(2)(A)).
SUMMARY:
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Agencies
[Federal Register Volume 80, Number 62 (Wednesday, April 1, 2015)]
[Notices]
[Pages 17409-17411]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-07475]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-018]
Boltless Steel Shelving Units Prepackaged for Sale from the
People's Republic of China: Preliminary Determination of Sales at Less
Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Effective Date: April 1, 2015.
SUMMARY: The Department of Commerce (``Department'') preliminarily
determines that boltless steel shelving units prepackaged for sale from
the People's Republic of China (``PRC'') are being, or are likely to
be, sold in the United States at less than fair value (``LTFV''), as
provided in section 733 of the Tariff Act of 1930, as amended (``the
Act''). The period of investigation (``POI'') is January 1, 2014,
through June 30, 2014. The estimated margins of sales at LTFV are shown
in the ``Preliminary Determination'' section of this notice. The final
determination will be issued 75 days after publication of this
preliminary determination in the Federal Register. Interested parties
are invited to comment on this preliminary determination.
FOR FURTHER INFORMATION CONTACT: Kabir Archuletta or Josh Startup, AD/
CVD Operations, Office V, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
2593 or (202) 482-5260, respectively.
SUPPLEMENTARY INFORMATION:
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)
[[Page 17410]]
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; \1\
---------------------------------------------------------------------------
\1\ 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.
Methodology
The Department conducted this investigation in accordance with
section 731 of the Act. We calculated export prices and constructed
export prices in accordance with section 772 of the Act. Because the
PRC is a non-market economy within the meaning of section 771(18) of
the Act, normal value (``NV'') was calculated in accordance with
section 773(c) of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum hereby adopted by
this notice.\2\ The Preliminary Decision Memorandum is a public
document and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (``ACCESS''). ACCESS is available to registered users at https://access.trade.gov, and is available to all parties in the Central
Records Unit, room 7046 of the main Department of Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly on the Internet at https://trade.gov/enforcement//.
The signed Preliminary Decision Memorandum and the electronic version
of the Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\2\ See ``Decision Memorandum for Preliminary Determination for
the Antidumping Duty Investigation of Boltless Steel Shelving Units
Prepackaged for Sale from the People's Republic of China from the
People's Republic of China,'' from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
dated concurrently with this notice (``Preliminary Decision
Memorandum'').
---------------------------------------------------------------------------
Combination Rates
In the Initiation Notice,\3\ the Department stated that it would
calculate combination rates for the respondents that are eligible for a
separate rate in this investigation. Policy Bulletin 05.1 describes
this practice.\4\
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\3\ See Boltless Steel Shelving Units Prepackaged for Sale from
the People's Republic of China: Initiation of Antidumping Duty
Investigation, 79 FR 56562, 56566 (September 22, 2014) (``Initiation
Notice'').
\4\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' (April 5, 2005) (``Policy Bulletin 05.1''), available
on the Department's Web site at https://enforcement.trade.gov/policy/bull05-1.pdf.
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Preliminary Determination
The preliminary weighted-average antidumping duty (``AD'') margin
percentages are as follows:
------------------------------------------------------------------------
Weighted-
Exporter Producer average margin
(percent)
------------------------------------------------------------------------
Zhongda United Holding Group Jiaxing Zhongda 22.64
Co., Ltd. Metalwork Co., Ltd..
Jiaxing Zhongda Import & Export Jiaxing Zhongda 22.64
Co., Ltd. Metalwork Co., Ltd.
Nanjing Topsun Racking Nanjing Topsun Racking 85.26
Manufacturing Co., Ltd. Manufacturing Co., Ltd.
Ningbo ETDZ Huixing Trade Co., Haifa (Ningbo) Office 50.23
Ltd. Equipment Co., Ltd.
Ningbo ETDZ Huixing Trade Co., Ningbo Decko Metal 50.23
Ltd. Products Trade Co.,
Ltd.
Ningbo ETDZ Huixing Trade Co., Lianfa Metal Product 50.23
Ltd. Co., Ltd.
Meridian International Co., Ltd Zhejiang Limai Metal 50.23
Products Co. Ltd.
Zhejiang Limai Metal Products Zhejiang Limai Metal 50.23
Co., Ltd. Products Co., Ltd.
PRC-Wide Entity................ ....................... 112.68
------------------------------------------------------------------------
Disclosure and Public Comment
We intend to disclose the calculations performed to parties in this
proceeding within five days of the date of publication of this notice
in accordance with 19 CFR 351.224(b). Case briefs or other written
comments may be submitted to the Assistant Secretary for Enforcement
and Compliance no later than seven days after the date on which the
final verification report is issued in this proceeding and rebuttal
briefs, limited to issues raised in case briefs, may be submitted no
later than five days after the deadline date for case briefs.\5\ A
table of contents, list of authorities used, and an executive summary
of issues should accompany any briefs submitted to the Department.
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\5\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Interested parties who wish to request a hearing, or to participate
if one is requested, must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically at Enforcement and Compliance's electronic records
system, ACCESS. An electronically filed document must be received
successfully in its entirety by the Department's electronic records
system, ACCESS, by 5:00 p.m. Eastern Standard Time, within
[[Page 17411]]
30 days after the date of publication of this notice.\6\ Hearing
requests should contain the party's name, address, and telephone
number, the number of participants, and a list of the issues you intend
to present at the hearing. If a request for a hearing is made, the
Department intends to hold the hearing at the U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230, at a time and location to be determined. Parties should confirm
by telephone the date, time, and location of the hearing two days
before the scheduled date.
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\6\ See 19 CFR 351.310(c).
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Pursuant to section 735(a)(1) of the Act, we will make our final
determination no later than 75 days after the date of publication of
this preliminary determination.
Suspension of Liquidation
In accordance with section 733(d) of the Act the Department will
instruct U.S. Customs and Border Protection (``CBP'') to suspend
liquidation of all entries of boltless steel shelving units prepackaged
for sale from the PRC, as described in the ``Scope of the
Investigation'' section, entered, or withdrawn from warehouse, for
consumption on or after the date of publication of this notice in the
Federal Register.
Pursuant to 19 CFR 351.205(d), the Department will instruct CBP to
require a cash deposit \7\ equal to the weighted-average amount by
which NV exceeds U.S. price, adjusted where appropriate for export
subsidies and estimated domestic subsidy pass-through,\8\ as follows:
(1) the cash deposit rate for the exporter/producer combinations listed
in the table above will be the rate the Department determines in this
preliminary determination; (2) for all combinations of PRC exporters/
producers of merchandise under consideration that have not received
their own separate rate above, the cash-deposit rate will be the cash
deposit rate established for the PRC-wide entity; and (3) for all non-
PRC exporters of merchandise under consideration which have not
received their own separate rate above, the cash-deposit rate will be
the cash deposit rate applicable to the PRC exporter/producer
combination that supplied that non-PRC exporter.
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\7\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
\8\ See sections 772(c)(1)(C) and 777A(f) of the Act,
respectively. Unlike in administrative reviews, the Department
calculates the adjustment for export subsidies in investigations not
in the margin calculation program, but in the cash deposit
instructions issued to CBP. See Notice of Final Determination of
Sales at Less Than Fair Value, and Negative Determination of
Critical Circumstances: Certain Lined Paper Products from India, 71
FR 45012 (August 8, 2006), and accompanying Issues and Decision
Memorandum at Comment 1.
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Furthermore, consistent with our practice, where the product under
investigation is also subject to a concurrent countervailing duty
investigation, we instruct CBP to require a cash deposit equal to the
amount by which the normal value exceeds the export price or
constructed export price, less the amount of the countervailing duty
determined to constitute an export subsidy. In this LTFV investigation,
export subsidies constitute 3.03 percent \9\ of the preliminarily
calculated countervailing duty rate in the concurrent countervailing
duty investigation, and, thus, we will offset the calculated rates for
the mandatory respondents and the PRC-wide rate of 112.68 percent by
the countervailing duty rate attributable to export subsidies (i.e.,
3.03 percent) to calculate the cash deposit rate for this LTFV
investigation. Additionally, the Department did not adjust the
preliminary determination AD margins for estimated domestic subsidy
pass-through because respondents provided no information to support an
adjustment pursuant to section 777A(f) of the Act.\10\
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\9\ The following subsidy programs in the preliminary
determination of the concurrent countervailing duty investigation
are export subsidies: Export Seller's Credits and Export Buyer's
Credits from the Export-Import Bank of China (1.76 percent), GOC and
Sub-Central Government Subsidies for the Development of Famous
Brands and World Top Brands (0.58 percent), International Market
Exploration (SME) Fund (0.58 percent), Export Assistance/Outward
Expansion Grants in Guangdong Province (0.08 percent), Export Credit
Insurance (0.01 percent), Export Subsidy for High-Tech Merchandise
(0.02 percent). See Countervailing Duty Investigation of Boltless
Steel Shelving Units Prepackaged for Sale From the People's Republic
of China: Preliminary Determination and Alignment of Final
Determination With Final Antidumping Duty Determination, 80 FR 5089
(January 30, 2015), and accompanying Preliminary Decision Memorandum
at 14-15.
\10\ See Preliminary Decision Memorandum.
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International Trade Commission (``ITC'') Notification
In accordance with section 733(f) of the Act, we notified the ITC
of our preliminary affirmative determination of sales at LTFV. Section
735(b)(2) of the Act requires the ITC to make its final determination
as to whether the domestic industry in the United States is materially
injured, or threatened with material injury, by reason of imports of
boltless steel shelving units prepackaged for sale, or sales (or the
likelihood of sales) for importation, of the merchandise under
consideration within 45 days of our final determination.
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act.
Dated: March 24, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
List of Topics Discussed in the Preliminary Decision Memorandum:
1. Initiation
2. Period of Investigation
3. Postponement of Preliminary Determination
4. Scope of the Investigation
5. Scope Comments
6. Selection of Respondents
7. Discussion of the Methodology
a. Non-market Economy Country
b. Surrogate Country and Surrogate Value Comments
c. Separate Rates
d. Margin for the Separate Rate Companies
e. Combination Rates
f. The PRC-wide Entity
g. Application of Facts Available and Adverse Facts Available
h. Corroboration of Information
i. Affiliation/Single Entity
j. Date of Sale
k. Fair Value Comparisons
l. Export Price
m. Value-Added Tax
n. Normal Value
o. Factor Valuation Methodology
p. Comparison to Normal Value
q. Currency Conversion
8. Verification
9. Section 777A(f) of the Act
10. International Trade Commission Notification
11. Conclusion
[FR Doc. 2015-07475 Filed 3-31-15; 8:45 am]
BILLING CODE 3510-DS-P