Boltless Steel Shelving Units Prepackaged for Sale From the People's Republic of China: Final Affirmative Countervailing Duty Determination, 51775-51777 [2015-20785]
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Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Notices
sales of which are the basis for the NSR
request, we will instruct CBP to permit
the use of a bond only for subject
merchandise which Haixing Eno
Chemical Co., Ltd produced and
Haixing Jingmei exported.
Interested parties requiring access to
proprietary information in this NSR
should submit applications for
disclosure under administrative
protective order, in accordance with 19
CFR 351.305 and 19 CFR 351.306.
This initiation and notice are in
accordance with section 751(a)(2)(B) of
the Act, 19 CFR 351.214, and 19 CFR
351.221(c)(1)(i).
Dated: August 19, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2015–21185 Filed 8–25–15; 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: Final
Affirmative Countervailing Duty
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) published the
Preliminary Determination of the
countervailing duty (‘‘CVD’’)
investigation of boltless steel shelving
units prepackaged for sale (‘‘boltless
steel shelves’’) from the People’s
Republic of China (‘‘PRC’’) on January
30, 2015.1 The Department determines
that countervailable subsidies are being
provided to producers and exporters of
boltless steel shelves from the PRC. For
information on the estimated subsidy
rates, see the ‘‘Final Determination’’
section of this notice. The period of
investigation is January 1, 2013 through
December 31, 2013.
DATES: Effective Date: August 26, 2015.
FOR FURTHER INFORMATION CONTACT:
Susan Pulongbarit (Topsun) or Paul
Walker (ETDZ), AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
rmajette on DSK7SPTVN1PROD with NOTICES
AGENCY:
1 See 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)
(‘‘Preliminary Determination’’).
VerDate Sep<11>2014
14:29 Aug 25, 2015
Jkt 235001
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone
202.482.4031, or 202.482.0413,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 30, 2015, the Department
published the Preliminary
Determination.2 Between May 6 and
June 6, 2015, we conducted verifications
of the questionnaire responses of
Nanjing ETDZ Huixing Trade Co., Ltd.
(‘‘ETDZ’’), Nanjing Topsun Racking
Manufacturing Co., Ltd. (‘‘Topsun’’),
and a customer.3 On May 21, 2015, the
Department issued the Post-preliminary
Determination.4 Between June 24 and
June 29, 2015, interested parties
submitted case and rebuttal briefs. A
full discussion of the issues raised by
parties for this final determination may
be found in the I&D Memo, which is
hereby adopted by this notice.5 The I&D
Memo is a public document and is on
file electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘ACCESS’’).
2 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)
(‘‘Preliminary Determination’’) and accompanying
Preliminary Decision Memorandum (‘‘PDM’’).
3 See Memorandum to Scot T. Fullerton, Program
Manager, from Susan S. Pulongbarit, Senior
International Trade Analyst, ‘‘Countervailing Duty
Investigation: Boltless Steel Shelving Units
Prepackaged for Sale from the People’s Republic of
China: Verification Report: Nanjing Topsun Racking
Manufacturing Co., Ltd. (‘‘Topsun’’) and Nanjing
Great Wall Co., Ltd. (‘‘Great Wall’’),’’ dated June 16,
2015; Memorandum to Scot T. Fullerton, Program
Manager, from Paul Walker, Case Analyst,
‘‘Countervailing Duty Investigation of Boltless Steel
Shelving Units Prepackaged for Sale from the
People’s Republic of China: Verification Report for
Ningbo ETDZ Huixing Trade Co., Ltd.,’’ dated June
16, 2015; and Memorandum to Paul Walker, Acting
Program Manager, from Susan Pulongbarit, Case
Analyst, ‘‘Countervailing Duty Investigation of
Boltless Steel Shelving Units Prepackaged for Sale
from the People’s Republic of China: Verification
Report,’’ dated June 17, 2015.
4 See Memorandum to Paul Piquado, Assistant
Secretary, Enforcement and Compliance, from
Christian Marsh, Deputy Assistant Secretary, for
Antidumping and Countervailing Duty Operations,
‘‘Countervailing Duty Investigation of Boltless Steel
Shelving Units Prepackaged for Sale from the
People’s Republic of China: Post-Preliminary
Determination Decision Memorandum,’’ dated May
29, 2015 (‘‘Post-preliminary Determination’’).
5 See Memorandum to Ronald K. Lorentzen,
Acting Assistant Secretary, Enforcement and
Compliance, from Christian Marsh, Deputy
Assistant Secretary, for Antidumping and
Countervailing Duty Operations, ‘‘Countervailing
Duty Investigation of Boltless Steel Shelving Units
Prepackaged for Sale from the People’s Republic of
China: Issues and Decision Memorandum for the
Final Determination,’’ dated concurrently with this
notice (‘‘I&D Memo’’).
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51775
ACCESS is available to registered users
at https://access.trade.gov, and is
available to all parties in the Central
Records Unit, room B8024 of the main
Department of Commerce building. In
addition, a complete version of the I&D
Memo can be accessed directly at https://
enforcement.trade.gov/frn/.
The signed I&D Memo and the
electronic versions are identical in
content.
Scope of the Investigation and Scope
Comments
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.
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Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Notices
rmajette on DSK7SPTVN1PROD with NOTICES
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, 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; 6
• 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, 9403.20.0020,
9403.20.0025, and 9403.20.0026, 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.
The Department received comments
regarding the scope of this investigation
from numerous interested parties,
which we have summarized and
addressed in the accompanying I&D
Memo.7
Analysis of Subsidy Programs and
Comments Received
The subsidy programs under
investigation and the issues raised in
6 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.
7 See I&D Memo at Comments XIII.
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14:29 Aug 25, 2015
Jkt 235001
the case and rebuttal briefs by parties in
this investigation are discussed in the
I&D Memo. A list of the issues that
parties raised, and to which we
responded in the I&D Memo, is attached
to this notice as an Appendix.
Use of Adverse Facts Available
For purposes of this final
determination, we relied on facts
available, and have drawn an adverse
inference, in accordance with sections
776(a) and (b) of the Tariff Act of 1930,
as amended (the ‘‘Act’’), in determining
the countervailability of the GOC’s
provision of electricity for less than
adequate remuneration (‘‘LTAR’’), the
GOC’s provision of hot-rolled coiled
steel for LTAR, and for certain
companies which did not respond to the
Department’s quantity and value
questionnaire. The Department also
relied on facts available in determining
the countervailability of the following
programs: Exhibition Subsidy, Foreign
Trade Bureau Award, Export Credit
Insurance and Export Subsidy for Hightech Merchandise, and the Innovative
Growth Subsidy. The Department notes
that because one or more respondents
did not act to the best of their ability to
respond to the Department’s requests for
information, we drew an adverse
inference where appropriate in selecting
from among the facts otherwise
available.8 For further information, see
‘‘Use of Facts Otherwise Available and
Adverse Inferences’’ in the I&D Memo.
Changes Since the Preliminary
Determination
Based on our review and analysis of
the comments received from parties,
and minor corrections presented at
verification, we made certain changes to
the subsidy rate calculations since the
Preliminary Determination. For a
discussion of these changes, see the I&D
Memo.
Final Determination
In accordance with section
705(c)(1)(B)(i) of the Act, we calculated
an estimated individual countervailable
subsidy rate for each producer/exporter
of the subject merchandise individually
investigated.9 We determine the total
8 See
sections 776(a) and (b) of the Act.
705(c)(5)(A)(i) of the Act states that, for
companies not individually investigated, we will
determine an ‘‘all others’’ rate equal to the
weighted-average countervailable subsidy rates
established for exporters and producers
individually investigated, excluding any zero and
de minimis countervailable subsidy rates, and any
rates determined entirely under section 776 of the
Act. Notwithstanding the language of section
705(c)(5)(A)(i) of the Act, we have not calculated
the ‘‘all others’’ rate by weight averaging the rates
of ETDZ and Topsun because doing so risks
9 Section
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estimated net countervailable subsidy
rates to be:
Company
Subsidy rate
(percent)
Ningbo ETDZ Huixing Trade
Co., Ltd .............................
Nanjing Topsun Racking
Manufacturing Co., Ltd .....
All Others ..............................
Dalian Huameilong Metal
Products Co., Ltd * ............
Dongguan Yuan Er Sheng
Machinery Source Hardware Co., Ltd * ..................
Dong Rong Metal Products
Co., Ltd * ...........................
Global Storage Equipment
Manufacturer Limited * ......
Intradin (Shanghai) Import &
Export Co., Ltd * ................
Jinhua Development District
Hongfa Tool, Ltd * .............
Kunshan Jisheng Metal &
Plastic Co., Ltd * ................
Nanjing Huade Warehousing
Equipment Manufacturing
Co. Ltd * ............................
Nanjing Whitney Metal Products Co., Ltd * ....................
Nanjing Yodoly Logistics
Equipments Manufacturing
Co., Ltd * ...........................
Ningbo Decko Metal Products Trade Co., Ltd * .........
Ningbo Haifa Metal Works
Co., Ltd * ...........................
Ningbo HaiFa Office Equipment Co., Ltd * ..................
Ningbo TLT Metal Products
Co., Ltd * ...........................
12.40
15.05
13.73
80.45
80.45
80.45
80.45
80.45
80.45
80.45
80.45
80.45
80.45
80.45
80.45
80.45
80.45
* Non-cooperative company to which an adverse facts available rate is being applied. See
‘‘Use of Facts Otherwise Available and Adverse Inferences’’ section in the I&D Memo.
Disclosure
We intend to disclose to parties the
calculations performed in this
proceeding within five days of the
public announcement of this notice in
accordance with 19 CFR 351.224(b).
Continuation of Suspension of
Liquidation
As a result of our Preliminary
Determination and pursuant to section
703(d) of the Act, we instructed U.S.
Customs and Border Protection (‘‘CBP’’)
to suspend liquidation of all entries of
subject merchandise from the PRC that
were entered, or withdrawn from
warehouse, for consumption on or after
January 30, 2015, the date of the
publication of the Preliminary
Determination in the Federal Register.
In accordance with section 703(d) of the
Act, we issued instructions to CBP to
disclosure of proprietary information. Therefore, we
calculated a simple average of ETDZ’s and Topsun’s
rates.
E:\FR\FM\26AUN1.SGM
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Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Notices
discontinue the suspension of
liquidation for CVD purposes for subject
merchandise entered, or withdrawn
from warehouse, on or after May 30,
2015, but to continue the suspension of
liquidation of all entries from January
30, 2015, through May 29, 2015.
If the International Trade Commission
(‘‘ITC’’) issues a final affirmative injury
determination, we will issue a CVD
order and reinstate the suspension of
liquidation under section 706(a) of the
Act, and we will require a cash deposit
of estimated CVDs for such entries of
merchandise in the amounts indicated
above. If the ITC determines that
material injury, or threat of material
injury, does not exist, this proceeding
will be terminated and all estimated
duties deposited or securities posted as
a result of the suspension of liquidation
will be refunded or canceled.
ITC Notification
In accordance with section 705(d) of
the Act, we will notify the ITC of our
determination. In addition, we are
making available to the ITC all nonprivileged and non-proprietary
information related to this investigation.
We will allow the ITC access to all
privileged and business proprietary
information in our files, provided the
ITC confirms that it will not disclose
such information, either publicly or
under an administrative protective order
(‘‘APO’’), without the written consent of
the Assistant Secretary for Enforcement
and Compliance.
rmajette on DSK7SPTVN1PROD with NOTICES
Return or Destruction of Proprietary
Information
In the event that the ITC issues a final
negative injury determination, this
notice will serve as the only reminder
to parties subject to an APO of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
This determination is issued and
published pursuant to sections 705(d)
and 777(i) of the Act.
Dated: August 14, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix—List of Topics Discussed in
the I&D Memo
Comment I: Whether State Ownership Makes
an Entity a Government Authority
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14:29 Aug 25, 2015
Jkt 235001
Comment II: Whether Chinese Communist
Party (‘‘CCP’’) Affiliations/Activities by
Company Officials Make the Company a
Government Authority
Comment III: Whether the GOC Responded to
the Best of its Ability Regarding
Ownership and CCP Affiliation for HRCS
Suppliers and Provided Sufficient
Evidence to Find that Some Producers
Were not Government Authorities
Comment IV: Whether the Provision of HRCS
Is Specific
Comment V: Use of a Tier-One Price for the
Provision of HRCS
Comment VI: Cold-Rolled for LTAR
Comment VII: Whether to Adjust the HRCS
Benchmark Values
Comment VIII: Whether the Provision of
Electricity is Countervailable
Comment IX: Topsun’s Denominator
Comment X: Export Seller’s Credits and
Export Buyer’s Credits from China ExIm
Comment XI: Two Free Three Half Program
Comment XII: Other Programs
Comment XIII: Whether Whirlpool’s Products
are Within the Scope
[FR Doc. 2015–20785 Filed 8–25–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–471–807]
Certain Uncoated Paper From
Portugal: Preliminary Determination of
Sales at Less Than Fair Value and
Postponement of Final Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the ‘‘Department’’) preliminarily
determines that certain uncoated paper
from Portugal is being, or is likely to be,
sold in the United States at less than fair
value (‘‘LTFV’’), as provided in section
733(b) of the Tariff Act of 1930, as
amended (‘‘the Act’’). The period of
investigation (‘‘POI’’) is January 1, 2014,
through December 31, 2014. The
estimated weighted-average dumping
margins of sales at LTFV are shown in
the ‘‘Preliminary Determination’’
section of this notice. Interested parties
are invited to comment on this
preliminary determination.
DATES: Effective Date: August 26, 2015.
FOR FURTHER INFORMATION CONTACT:
Kabir Archuletta, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–2593.
SUPPLEMENTARY INFORMATION:
AGENCY:
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51777
Background
The Department published the notice
of initiation of this investigation on
February 18, 2015.1 For a complete
description of the events that followed
the initiation of this investigation, see
the memorandum that is dated
concurrently with this determination
and 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 to all
parties in the Central Records Unit,
room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be found at
https://enforcement.trade.gov/frn/. The
signed Preliminary Decision
Memorandum and the electronic
version of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The product covered by this
investigation is uncoated paper from
Portugal. For a full description of the
scope of this investigation, see the
‘‘Scope of the Investigation,’’ in
Appendix I.
Scope Comments
Certain interested parties commented
on the scope of the investigation as it
appeared in the Initiation Notice. For
discussion of those comments, see the
Preliminary Decision Memorandum.3
Postponement of Deadline for
Preliminary Determination
On May 18, 2015, Petitioners 4
submitted a timely request for a 50-day
1 See Certain Uncoated Paper From Australia,
Brazil, the People’s Republic of China, Indonesia,
and Portugal: Initiation of Less-Than-Fair-Value
Investigations, 80 FR 8608 (February 18, 2015)
(‘‘Initiation Notice’’).
2 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance ‘‘Decision Memorandum for the
Preliminary Determination in the Antidumping
Duty Investigation of Certain Uncoated Paper from
Portugal’’ (‘‘Preliminary Decision Memorandum’’),
dated concurrently with this notice.
3 See also Memorandum from Erin Begnal,
Director, Office III, to Ronald K. Lorentzen, Acting
Assistant Secretary for Enforcement and
Compliance ‘‘Scope Comments Decision
Memorandum for the Preliminary Determinations’’
(August 3, 2015).
4 Petitioners are United Steel, Paper and Forestry,
Rubber, Manufacturing, Energy, Allied Industrial
and Service Workers International Union; Domtar
Corporation; Finch Paper LLC; P.H. Glatfelter
E:\FR\FM\26AUN1.SGM
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26AUN1
]]>Agencies
[Federal Register Volume 80, Number 165 (Wednesday, August 26, 2015)]
[Notices]
[Pages 51775-51777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20785]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-019]
Boltless Steel Shelving Units Prepackaged for Sale From the
People's Republic of China: Final Affirmative Countervailing Duty
Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') published the
Preliminary Determination of the countervailing duty (``CVD'')
investigation of boltless steel shelving units prepackaged for sale
(``boltless steel shelves'') from the People's Republic of China
(``PRC'') on January 30, 2015.\1\ The Department determines that
countervailable subsidies are being provided to producers and exporters
of boltless steel shelves from the PRC. For information on the
estimated subsidy rates, see the ``Final Determination'' section of
this notice. The period of investigation is January 1, 2013 through
December 31, 2013.
---------------------------------------------------------------------------
\1\ See 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) (``Preliminary
Determination'').
---------------------------------------------------------------------------
DATES: Effective Date: August 26, 2015.
FOR FURTHER INFORMATION CONTACT: Susan Pulongbarit (Topsun) or Paul
Walker (ETDZ), 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
202.482.4031, or 202.482.0413, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 30, 2015, the Department published the Preliminary
Determination.\2\ Between May 6 and June 6, 2015, we conducted
verifications of the questionnaire responses of Nanjing ETDZ Huixing
Trade Co., Ltd. (``ETDZ''), Nanjing Topsun Racking Manufacturing Co.,
Ltd. (``Topsun''), and a customer.\3\ On May 21, 2015, the Department
issued the Post-preliminary Determination.\4\ Between June 24 and June
29, 2015, interested parties submitted case and rebuttal briefs. A full
discussion of the issues raised by parties for this final determination
may be found in the I&D Memo, which is hereby adopted by this
notice.\5\ The I&D Memo 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 B8024 of
the main Department of Commerce building. In addition, a complete
version of the I&D Memo can be accessed directly at https://enforcement.trade.gov/frn/. The signed I&D Memo and the
electronic versions are identical in content.
---------------------------------------------------------------------------
\2\ 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) (``Preliminary Determination'') and accompanying
Preliminary Decision Memorandum (``PDM'').
\3\ See Memorandum to Scot T. Fullerton, Program Manager, from
Susan S. Pulongbarit, Senior International Trade Analyst,
``Countervailing Duty Investigation: Boltless Steel Shelving Units
Prepackaged for Sale from the People's Republic of China:
Verification Report: Nanjing Topsun Racking Manufacturing Co., Ltd.
(``Topsun'') and Nanjing Great Wall Co., Ltd. (``Great Wall''),''
dated June 16, 2015; Memorandum to Scot T. Fullerton, Program
Manager, from Paul Walker, Case Analyst, ``Countervailing Duty
Investigation of Boltless Steel Shelving Units Prepackaged for Sale
from the People's Republic of China: Verification Report for Ningbo
ETDZ Huixing Trade Co., Ltd.,'' dated June 16, 2015; and Memorandum
to Paul Walker, Acting Program Manager, from Susan Pulongbarit, Case
Analyst, ``Countervailing Duty Investigation of Boltless Steel
Shelving Units Prepackaged for Sale from the People's Republic of
China: Verification Report,'' dated June 17, 2015.
\4\ See Memorandum to Paul Piquado, Assistant Secretary,
Enforcement and Compliance, from Christian Marsh, Deputy Assistant
Secretary, for Antidumping and Countervailing Duty Operations,
``Countervailing Duty Investigation of Boltless Steel Shelving Units
Prepackaged for Sale from the People's Republic of China: Post-
Preliminary Determination Decision Memorandum,'' dated May 29, 2015
(``Post-preliminary Determination'').
\5\ See Memorandum to Ronald K. Lorentzen, Acting Assistant
Secretary, Enforcement and Compliance, from Christian Marsh, Deputy
Assistant Secretary, for Antidumping and Countervailing Duty
Operations, ``Countervailing Duty Investigation of Boltless Steel
Shelving Units Prepackaged for Sale from the People's Republic of
China: Issues and Decision Memorandum for the Final Determination,''
dated concurrently with this notice (``I&D Memo'').
---------------------------------------------------------------------------
Scope of the Investigation and Scope Comments
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.
[[Page 51776]]
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 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; \6\
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\6\ 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, 9403.20.0020, 9403.20.0025, and 9403.20.0026,
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.
The Department received comments regarding the scope of this
investigation from numerous interested parties, which we have
summarized and addressed in the accompanying I&D Memo.\7\
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\7\ See I&D Memo at Comments XIII.
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Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation and the issues raised in
the case and rebuttal briefs by parties in this investigation are
discussed in the I&D Memo. A list of the issues that parties raised,
and to which we responded in the I&D Memo, is attached to this notice
as an Appendix.
Use of Adverse Facts Available
For purposes of this final determination, we relied on facts
available, and have drawn an adverse inference, in accordance with
sections 776(a) and (b) of the Tariff Act of 1930, as amended (the
``Act''), in determining the countervailability of the GOC's provision
of electricity for less than adequate remuneration (``LTAR''), the
GOC's provision of hot-rolled coiled steel for LTAR, and for certain
companies which did not respond to the Department's quantity and value
questionnaire. The Department also relied on facts available in
determining the countervailability of the following programs:
Exhibition Subsidy, Foreign Trade Bureau Award, Export Credit Insurance
and Export Subsidy for High-tech Merchandise, and the Innovative Growth
Subsidy. The Department notes that because one or more respondents did
not act to the best of their ability to respond to the Department's
requests for information, we drew an adverse inference where
appropriate in selecting from among the facts otherwise available.\8\
For further information, see ``Use of Facts Otherwise Available and
Adverse Inferences'' in the I&D Memo.
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\8\ See sections 776(a) and (b) of the Act.
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Changes Since the Preliminary Determination
Based on our review and analysis of the comments received from
parties, and minor corrections presented at verification, we made
certain changes to the subsidy rate calculations since the Preliminary
Determination. For a discussion of these changes, see the I&D Memo.
Final Determination
In accordance with section 705(c)(1)(B)(i) of the Act, we
calculated an estimated individual countervailable subsidy rate for
each producer/exporter of the subject merchandise individually
investigated.\9\ We determine the total estimated net countervailable
subsidy rates to be:
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\9\ Section 705(c)(5)(A)(i) of the Act states that, for
companies not individually investigated, we will determine an ``all
others'' rate equal to the weighted-average countervailable subsidy
rates established for exporters and producers individually
investigated, excluding any zero and de minimis countervailable
subsidy rates, and any rates determined entirely under section 776
of the Act. Notwithstanding the language of section 705(c)(5)(A)(i)
of the Act, we have not calculated the ``all others'' rate by weight
averaging the rates of ETDZ and Topsun because doing so risks
disclosure of proprietary information. Therefore, we calculated a
simple average of ETDZ's and Topsun's rates.
------------------------------------------------------------------------
Subsidy rate
Company (percent)
------------------------------------------------------------------------
Ningbo ETDZ Huixing Trade Co., Ltd...................... 12.40
Nanjing Topsun Racking Manufacturing Co., Ltd........... 15.05
All Others.............................................. 13.73
Dalian Huameilong Metal Products Co., Ltd *............. 80.45
Dongguan Yuan Er Sheng Machinery Source Hardware Co., 80.45
Ltd *..................................................
Dong Rong Metal Products Co., Ltd *..................... 80.45
Global Storage Equipment Manufacturer Limited *......... 80.45
Intradin (Shanghai) Import & Export Co., Ltd *.......... 80.45
Jinhua Development District Hongfa Tool, Ltd *.......... 80.45
Kunshan Jisheng Metal & Plastic Co., Ltd *.............. 80.45
Nanjing Huade Warehousing Equipment Manufacturing Co. 80.45
Ltd *..................................................
Nanjing Whitney Metal Products Co., Ltd *............... 80.45
Nanjing Yodoly Logistics Equipments Manufacturing Co., 80.45
Ltd *..................................................
Ningbo Decko Metal Products Trade Co., Ltd *............ 80.45
Ningbo Haifa Metal Works Co., Ltd *..................... 80.45
Ningbo HaiFa Office Equipment Co., Ltd *................ 80.45
Ningbo TLT Metal Products Co., Ltd *.................... 80.45
------------------------------------------------------------------------
* Non-cooperative company to which an adverse facts available rate is
being applied. See ``Use of Facts Otherwise Available and Adverse
Inferences'' section in the I&D Memo.
Disclosure
We intend to disclose to parties the calculations performed in this
proceeding within five days of the public announcement of this notice
in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
As a result of our Preliminary Determination and pursuant to
section 703(d) of the Act, we instructed U.S. Customs and Border
Protection (``CBP'') to suspend liquidation of all entries of subject
merchandise from the PRC that were entered, or withdrawn from
warehouse, for consumption on or after January 30, 2015, the date of
the publication of the Preliminary Determination in the Federal
Register. In accordance with section 703(d) of the Act, we issued
instructions to CBP to
[[Page 51777]]
discontinue the suspension of liquidation for CVD purposes for subject
merchandise entered, or withdrawn from warehouse, on or after May 30,
2015, but to continue the suspension of liquidation of all entries from
January 30, 2015, through May 29, 2015.
If the International Trade Commission (``ITC'') issues a final
affirmative injury determination, we will issue a CVD order and
reinstate the suspension of liquidation under section 706(a) of the
Act, and we will require a cash deposit of estimated CVDs for such
entries of merchandise in the amounts indicated above. If the ITC
determines that material injury, or threat of material injury, does not
exist, this proceeding will be terminated and all estimated duties
deposited or securities posted as a result of the suspension of
liquidation will be refunded or canceled.
ITC Notification
In accordance with section 705(d) of the Act, we will notify the
ITC of our determination. In addition, we are making available to the
ITC all non-privileged and non-proprietary information related to this
investigation. We will allow the ITC access to all privileged and
business proprietary information in our files, provided the ITC
confirms that it will not disclose such information, either publicly or
under an administrative protective order (``APO''), without the written
consent of the Assistant Secretary for Enforcement and Compliance.
Return or Destruction of Proprietary Information
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to an APO of their responsibility concerning the destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3). Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
This determination is issued and published pursuant to sections
705(d) and 777(i) of the Act.
Dated: August 14, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the I&D Memo
Comment I: Whether State Ownership Makes an Entity a Government
Authority
Comment II: Whether Chinese Communist Party (``CCP'') Affiliations/
Activities by Company Officials Make the Company a Government
Authority
Comment III: Whether the GOC Responded to the Best of its Ability
Regarding Ownership and CCP Affiliation for HRCS Suppliers and
Provided Sufficient Evidence to Find that Some Producers Were not
Government Authorities
Comment IV: Whether the Provision of HRCS Is Specific
Comment V: Use of a Tier-One Price for the Provision of HRCS
Comment VI: Cold-Rolled for LTAR
Comment VII: Whether to Adjust the HRCS Benchmark Values
Comment VIII: Whether the Provision of Electricity is
Countervailable
Comment IX: Topsun's Denominator
Comment X: Export Seller's Credits and Export Buyer's Credits from
China ExIm
Comment XI: Two Free Three Half Program
Comment XII: Other Programs
Comment XIII: Whether Whirlpool's Products are Within the Scope
[FR Doc. 2015-20785 Filed 8-25-15; 8:45 am]
BILLING CODE 3510-DS-P
