Boltless Steel Shelving Units Prepackaged for Sale From the People's Republic of China: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 63745-63747 [2015-26764]
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Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices
ACCESS.14 An electronically filed
document must be received successfully
in its entirety by ACCESS by 5:00 p.m.
Eastern Time on the day on which it is
due.15
Any interested party may submit a
request for a hearing to the Assistant
Secretary of Enforcement and
Compliance using ACCESS within 14
days of publication of this notice in the
Federal Register.16 Hearing requests
should contain the following
information: (1) The party’s name,
address, and telephone number; (2) the
number of participants; and (3) a list of
the issues to be discussed.17 Oral
presentations will be limited to issues
raised in the briefs. If a request for a
hearing is made, parties will be notified
of the time and date of the hearing
which will be held at the U.S.
Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230.18
Final Results of the Review
Unless extended, in accordance with
19 CFR 351.216(e), the Department
intends to issue the final results of this
changed circumstances review not later
than 270 days after the date on which
the review was initiated.
Notification to Parties
The Department is issuing and
publishing these results in accordance
with sections 751(b)(1) and 777(i) of the
Act and 19 CFR 351.216 and
351.221(c)(3)(i).
Dated: October 15, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
tkelley on DSK3SPTVN1PROD with NOTICES
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Results of the Changed
Circumstances Review
Discussion of Methodology
Successor-in-Interest Analysis
1. Ownership and Management
2. Production Facilities
3. Supplier Relationships
4. Customer Base
V. Summary of Preliminary Findings
VI. Recommendation
[FR Doc. 2015–26762 Filed 10–20–15; 8:45 am]
BILLING CODE 3510–DS–P
14 See
19 CFR 351.303(b).
15 Id.
16 See
19 CFR 351.310(d).
VerDate Sep<11>2014
22:39 Oct 20, 2015
International Trade Administration
[C–351–846, C–580–884, C–489–827]
Certain Hot-Rolled Steel Flat Products
From Brazil, the Republic of Korea,
and Turkey: Postponement of
Preliminary Determinations in the
Countervailing Duty Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: October 21, 2015.
FOR FURTHER INFORMATION CONTACT:
Sergio Balbontin at (202) 482–6478
(Brazil); Katie Marksberry at (202) 482–
7906 (Republic of Korea); Emily Halle at
(202) 482–0176 (Turkey), AD/CVD
Operations, Enforcement and
Compliance, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 31, 2015, the Department
of Commerce (the Department) initiated
countervailing duty (CVD)
investigations of imports of certain hotrolled steel flat products (hot-rolled
steel) from Brazil, the Republic of Korea
(Korea), and Turkey.1 The notice of
initiation stated that, in accordance with
section 703(b)(1) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.205(b)(1), we would issue our
preliminary determinations no later
than 65 days after the date of initiation,
unless postponed. Currently, the
preliminary determinations in these
investigations are due no later than
November 4, 2015.
Postponement of Preliminary
Determinations
Jkt 238001
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
than 130 days after the date on which
the Department initiated the
investigation.
The Department determines that the
parties involved in these hot-rolled steel
CVD investigations are cooperating, and
that the investigations are
extraordinarily complicated. Additional
time is required to analyze the
questionnaire responses and issue
appropriate requests for clarification
and additional information.
Therefore, in accordance with section
703(c)(1)(B) of the Act and 19 CFR
351.205(f)(1), the Department is
postponing the time period for the
preliminary determinations of these
investigations by 65 days, to January 8,
2016. Pursuant to section 705(a)(1) of
the Act and 19 CFR 351.210(b)(1), the
deadline for the final determinations
will continue to be 75 days after the
date of the preliminary determinations.
This notice is issued and published
pursuant to section 703(c)(2) of the Act
and 19 CFR 351.205(f)(1).
Dated: October 15, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2015–26775 Filed 10–20–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Adminstration
[C–570–019]
Boltless Steel Shelving Units
Prepackaged for Sale From the
People’s Republic of China: Amended
Final Affirmative Countervailing Duty
Determination and Countervailing Duty
Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (the ‘‘Department’’) and the
International Trade Commission
(‘‘ITC’’), the Department is issuing a
countervailing duty (‘‘CVD’’) order on
boltless steel shelving units
prepackaged for sale (‘‘boltless steel
shelving’’) from the People’s Republic of
China (the ‘‘PRC’’). Also, as explained in
this notice, we are amending our Final
Determination 1 to correct a ministerial
error with respect to the CVD rate
applied to companies that did not
AGENCY:
Section 703(c)(1)(B) of the Act permits
the Department to postpone the time
limit for the preliminary determination
if it concludes that the parties
concerned are cooperating and
determines that the case is
extraordinarily complicated by reason of
the number and complexity of the
transactions to be investigated or
adjustments to be considered, the
novelty of the issues presented, or the
number of firms whose activities must
be investigated, and additional time is
necessary to make the preliminary
determination. Under this section of the
Act, the Department may postpone the
preliminary determination until no later
1 See Certain Hot-Rolled Steel Flat Products From
Brazil, the Republic of Korea, and Turkey: Initiation
of Countervailing Duty Investigations, 80 FR 54267
(September 9, 2015).
19 CFR 351.310(c).
17 Id.
18 See
DEPARTMENT OF COMMERCE
63745
1 See Boltless Steel Shelving Units Prepackaged
for Sale from the People’s Republic of China: Final
Affirmative Countervailing Duty Determination, 80
FR 51775 (August 26, 2015) (‘‘Final
Determination’’) and accompanying Issues and
Decision Memorandum (‘‘I&D Memo’’).
E:\FR\FM\21OCN1.SGM
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63746
Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices
respond to the Department’s quantity
and value (‘‘Q&V’’) questionnaire.
DATES: Effective date: October 21, 2015.
FOR FURTHER INFORMATION CONTACT: Paul
Walker, 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:
On August 26, 2015, the Department
published the Final Determination. The
period of investigation is January 1,
2013 through December 31, 2013. On
August 24, 2015, Edsal Manufacturing
Company, Inc. (‘‘Petitioner’’) timely
filed a ministerial error allegation.2 On
August 31, 2015, the Government of
China (‘‘GOC’’) filed rebuttal comments
to Petitioner’s Comments.3
On October 7, 2015, the ITC notified
the Department of its final
determination pursuant to section
705(d) of the Act that an industry in the
United States is materially injured
within the meaning of section
705(b)(1)(A)(i) of the Act by reason of
subsidized imports of subject
merchandise from the PRC.4
Scope of the Order
The scope of this investigation covers
boltless steel shelving, with or without
decks. 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
2 See
Petitioner’s August 24, 2015 submission.
the GOC’s August 31, 2015 submission.
4 See Letter to Christian Marsh, Deputy Assistant
Secretary of Commerce for Enforcement and
Compliance, from Meredith Broadbent, Chairman of
the U.S. International Trade Commission, regarding
boltless steel shelving units prepackaged for sale
from the People’s Republic of China (October 7,
2015). See also Boltless Steel Shelving Units
Prepackaged for Sale from China, Investigation Nos.
701–TA–523 AND 731–TA–1259 (Final), 80 FR
61841 (October 14, 2015).
tkelley on DSK3SPTVN1PROD with NOTICES
3 See
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22:39 Oct 20, 2015
Jkt 238001
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, 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; 5
• 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
5 The addition of a wall bracket or other device
to attach otherwise freestanding subject
merchandise to a wall does not meet the terms of
this exclusion.
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
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.
Ministerial Error Allegation and
Amendment to the Final Affirmative
CVD Determination
A ministerial error is defined as an
error in addition, subtraction, or other
arithmetic function, clerical error
resulting from inaccurate copying,
duplication, or the like, and any other
similar type of unintentional error
which the Secretary considers
ministerial.6 Pursuant to 19 CFR
351.224(e) and (f), the Department is
amending the Final Determination to
reflect the correction of a ministerial
error it made in the final margin
assigned companies which did not
respond to the Q&V questionnaire. As a
result, we have revised the margin
assigned to these companies.7
On August 24, 2015, Petitioner
submitted a ministerial error allegation
claiming that the Department made a
ministerial error by assigning a rate of
80.45 percent to the companies which
did not respond to the Q&V
questionnaire, when it should have
assigned the rate of 80.39 percent to
these companies, as noted in the I&D
Memo. The GOC agrees with Petitioner’s
allegation.
The Department reviewed the record
and agrees that Petitioner’s allegation
constitutes a ministerial error within the
meaning of 19 CFR 351.224(f). Pursuant
to 19 CFR 351.224(f), the Department
made an unintentional error by listing
the incorrect rate assigned to companies
which did not respond to the Q&V
questionnaire, which constitutes a
ministerial error.8 We have corrected
this error in this notice.
6 See
7 See
section 705(e) of the Act.
the ‘‘Suspension of Liquidation’’ section
below.
8 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, from Susan
Pulongbarit, Senior Analyst, Office V,
‘‘Countervailing Duty Investigation of Boltless Steel
Shelving Units Prepackaged for Sale from the
E:\FR\FM\21OCN1.SGM
21OCN1
Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices
Countervailing Duty Order
In accordance with sections
705(b)(1)(A)(i) and 705(d) of the Act, the
ITC has notified the Department of its
final determination that the industry in
the United States producing boltless
steel shelves is materially injured by
reason of subsidized imports of boltless
steel shelves from the PRC. Therefore, in
accordance with section 705(c)(2) and
706(a) of the Act, we are publishing this
countervailing duty order.
As a result of the ITC’s final
determination, in accordance with
section 706(a) of the Act, the
Department will direct CBP to assess,
upon further instruction by the
Department, countervailing duties on
unliquidated entries of boltless steel
shelving from the PRC entered, or
withdrawn from warehouse, for
consumption on or after December 1,
2014, the date of publication of the
Preliminary Determination in the
Federal Register,9 and before May 30,
2015, the date on which the Department
instructed CBP to discontinue the
suspension of liquidation, in accordance
with section 703(d) of the Act. Section
703(d) of the Act states that the
suspension of liquidation pursuant to a
preliminary determination may not
remain in effect for more than four
months. Entries of boltless steel
shelving from the PRC made on or after
May 30, 2015, and prior to the date of
publication of the ITC’s final
determination in the Federal Register,
are not liable for the assessment of
countervailing duties, due to the
Department’s discontinuation, effective
May 30, 2015, of the suspension of
liquidation.
tkelley on DSK3SPTVN1PROD with NOTICES
Suspension of Liquidation
In accordance with section 706 of the
Act, the Department will direct CBP to
reinstitute suspension of liquidation,
effective on the date of publication of
the ITC’s notice of final determination
in the Federal Register, and to assess,
upon further instruction by the
Department pursuant to section
706(a)(1) of the Act, countervailing
duties for each entry of the subject
merchandise in an amount based on the
net countervailable subsidy rates for the
subject merchandise. The Department
will also direct CBP to require a cash
People’s Republic of China: Analysis of Ministerial
Error Allegation,’’ dated concurrently with this
notice.
9 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’’).
VerDate Sep<11>2014
22:39 Oct 20, 2015
Jkt 238001
deposit for each entry of subject
merchandise in an amount equal to the
net countervailable subsidy rates listed
below. The all-others rate applies to all
producers and exporters of subject
merchandise not specifically listed.
63747
Dated: October 15, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2015–26764 Filed 10–20–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Subsidy rate
(Percent)
Company
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
80.39
80.39
80.39
80.39
80.39
80.39
80.39
80.39
80.39
80.39
80.39
80.39
80.39
Notifications to Interested Parties
This notice constitutes the
countervailing duty order with respect
to boltless steel shelving from the PRC,
pursuant to section 706(a) of the Act.
Interested parties may contact the
Department’s Central Records Unit,
Room B8024 of the main Commerce
Building, for copies of an updated list
of countervailing duty orders currently
in effect.
This amended final determination is
issued and published in accordance
with section 705(e) of the Act and 19
CFR 351.224(e) and (f). This order is
issued and published in accordance
with section 706(a) of the Act and 19
CFR 351.211(b).
Frm 00011
Fmt 4703
Sfmt 4703
RIN 0648–XE262
Schedule for Atlantic Shark
Identification Workshop
National Marine Fisheries
Service (NMFS), National Oceanic and
80.39 Atmospheric Administration (NOAA),
Commerce.
* 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.
PO 00000
National Oceanic and Atmospheric
Administration
AGENCY:
ACTION:
Notice of public workshop.
NMFS published a notice on
September 10, 2015, announcing the
dates and locations of three Atlantic
Shark Identification Workshops to be
held during October through December
of 2015. Attendance at an Atlantic Shark
Identification Workshop is mandatory
for all federally permitted Atlantic shark
dealers in order to meet certain
regulatory requirements and to maintain
valid permits. Based upon recent
analysis indicating the need for an
additional workshop in the New York
and southern New England area to
accommodate shark dealers who
purchase smooth dogfish, this notice
announces a free Atlantic Shark
Identification Workshop that will be
conducted during December of 2015 in
Bohemia, NY. Additional Atlantic Shark
Identification Workshops will be
conducted during 2016 and will be
announced in a future notice.
SUMMARY:
The Atlantic Shark Identification
workshop will be held on December 10,
2015. See SUPPLEMENTARY INFORMATION
for further details.
DATES:
The Atlantic Shark
Identification Workshop will be held in
Bohemia, NY. See SUPPLEMENTARY
INFORMATION for further details on the
workshop location.
ADDRESSES:
Rick
Pearson by phone: (727) 824–5399, or by
fax: (727) 824–5398.
FOR FURTHER INFORMATION CONTACT:
The
complete workshop schedule,
registration information, and a list of
frequently asked questions regarding
these workshops are posted on the
Internet at: https://www.nmfs.noaa.gov/
sfa/hms/workshops/.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\21OCN1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 203 (Wednesday, October 21, 2015)]
[Notices]
[Pages 63745-63747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26764]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Adminstration
[C-570-019]
Boltless Steel Shelving Units Prepackaged for Sale From the
People's Republic of China: Amended Final Affirmative Countervailing
Duty Determination and Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (the ``Department'') and the International Trade Commission
(``ITC''), the Department is issuing a countervailing duty (``CVD'')
order on boltless steel shelving units prepackaged for sale (``boltless
steel shelving'') from the People's Republic of China (the ``PRC'').
Also, as explained in this notice, we are amending our Final
Determination \1\ to correct a ministerial error with respect to the
CVD rate applied to companies that did not
[[Page 63746]]
respond to the Department's quantity and value (``Q&V'') questionnaire.
---------------------------------------------------------------------------
\1\ See Boltless Steel Shelving Units Prepackaged for Sale from
the People's Republic of China: Final Affirmative Countervailing
Duty Determination, 80 FR 51775 (August 26, 2015) (``Final
Determination'') and accompanying Issues and Decision Memorandum
(``I&D Memo'').
---------------------------------------------------------------------------
DATES: Effective date: October 21, 2015.
FOR FURTHER INFORMATION CONTACT: Paul Walker, 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:
On August 26, 2015, the Department published the Final
Determination. The period of investigation is January 1, 2013 through
December 31, 2013. On August 24, 2015, Edsal Manufacturing Company,
Inc. (``Petitioner'') timely filed a ministerial error allegation.\2\
On August 31, 2015, the Government of China (``GOC'') filed rebuttal
comments to Petitioner's Comments.\3\
---------------------------------------------------------------------------
\2\ See Petitioner's August 24, 2015 submission.
\3\ See the GOC's August 31, 2015 submission.
---------------------------------------------------------------------------
On October 7, 2015, the ITC notified the Department of its final
determination pursuant to section 705(d) of the Act that an industry in
the United States is materially injured within the meaning of section
705(b)(1)(A)(i) of the Act by reason of subsidized imports of subject
merchandise from the PRC.\4\
---------------------------------------------------------------------------
\4\ See Letter to Christian Marsh, Deputy Assistant Secretary of
Commerce for Enforcement and Compliance, from Meredith Broadbent,
Chairman of the U.S. International Trade Commission, regarding
boltless steel shelving units prepackaged for sale from the People's
Republic of China (October 7, 2015). See also Boltless Steel
Shelving Units Prepackaged for Sale from China, Investigation Nos.
701-TA-523 AND 731-TA-1259 (Final), 80 FR 61841 (October 14, 2015).
---------------------------------------------------------------------------
Scope of the Order
The scope of this investigation covers boltless steel shelving,
with or without decks. 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 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; \5\
---------------------------------------------------------------------------
\5\ 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, 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.
Ministerial Error Allegation and Amendment to the Final Affirmative CVD
Determination
A ministerial error is defined as an error in addition,
subtraction, or other arithmetic function, clerical error resulting
from inaccurate copying, duplication, or the like, and any other
similar type of unintentional error which the Secretary considers
ministerial.\6\ Pursuant to 19 CFR 351.224(e) and (f), the Department
is amending the Final Determination to reflect the correction of a
ministerial error it made in the final margin assigned companies which
did not respond to the Q&V questionnaire. As a result, we have revised
the margin assigned to these companies.\7\
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\6\ See section 705(e) of the Act.
\7\ See the ``Suspension of Liquidation'' section below.
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On August 24, 2015, Petitioner submitted a ministerial error
allegation claiming that the Department made a ministerial error by
assigning a rate of 80.45 percent to the companies which did not
respond to the Q&V questionnaire, when it should have assigned the rate
of 80.39 percent to these companies, as noted in the I&D Memo. The GOC
agrees with Petitioner's allegation.
The Department reviewed the record and agrees that Petitioner's
allegation constitutes a ministerial error within the meaning of 19 CFR
351.224(f). Pursuant to 19 CFR 351.224(f), the Department made an
unintentional error by listing the incorrect rate assigned to companies
which did not respond to the Q&V questionnaire, which constitutes a
ministerial error.\8\ We have corrected this error in this notice.
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\8\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, from
Susan Pulongbarit, Senior Analyst, Office V, ``Countervailing Duty
Investigation of Boltless Steel Shelving Units Prepackaged for Sale
from the People's Republic of China: Analysis of Ministerial Error
Allegation,'' dated concurrently with this notice.
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[[Page 63747]]
Countervailing Duty Order
In accordance with sections 705(b)(1)(A)(i) and 705(d) of the Act,
the ITC has notified the Department of its final determination that the
industry in the United States producing boltless steel shelves is
materially injured by reason of subsidized imports of boltless steel
shelves from the PRC. Therefore, in accordance with section 705(c)(2)
and 706(a) of the Act, we are publishing this countervailing duty
order.
As a result of the ITC's final determination, in accordance with
section 706(a) of the Act, the Department will direct CBP to assess,
upon further instruction by the Department, countervailing duties on
unliquidated entries of boltless steel shelving from the PRC entered,
or withdrawn from warehouse, for consumption on or after December 1,
2014, the date of publication of the Preliminary Determination in the
Federal Register,\9\ and before May 30, 2015, the date on which the
Department instructed CBP to discontinue the suspension of liquidation,
in accordance with section 703(d) of the Act. Section 703(d) of the Act
states that the suspension of liquidation pursuant to a preliminary
determination may not remain in effect for more than four months.
Entries of boltless steel shelving from the PRC made on or after May
30, 2015, and prior to the date of publication of the ITC's final
determination in the Federal Register, are not liable for the
assessment of countervailing duties, due to the Department's
discontinuation, effective May 30, 2015, of the suspension of
liquidation.
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\9\ 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'').
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Suspension of Liquidation
In accordance with section 706 of the Act, the Department will
direct CBP to reinstitute suspension of liquidation, effective on the
date of publication of the ITC's notice of final determination in the
Federal Register, and to assess, upon further instruction by the
Department pursuant to section 706(a)(1) of the Act, countervailing
duties for each entry of the subject merchandise in an amount based on
the net countervailable subsidy rates for the subject merchandise. The
Department will also direct CBP to require a cash deposit for each
entry of subject merchandise in an amount equal to the net
countervailable subsidy rates listed below. The all-others rate applies
to all producers and exporters of subject merchandise not specifically
listed.
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Subsidy rate
Company (Percent)
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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.*............. 80.39
Dongguan Yuan Er Sheng Machinery Source Hardware Co., 80.39
Ltd.*..................................................
Dong Rong Metal Products Co., Ltd.*..................... 80.39
Global Storage Equipment Manufacturer Limited *......... 80.39
Intradin (Shanghai) Import & Export Co., Ltd.*.......... 80.39
Jinhua Development District Hongfa Tool, Ltd.*.......... 80.39
Kunshan Jisheng Metal & Plastic Co., Ltd.*.............. 80.39
Nanjing Huade Warehousing Equipment Manufacturing Co. 80.39
Ltd.*..................................................
Nanjing Whitney Metal Products Co., Ltd.*............... 80.39
Nanjing Yodoly Logistics Equipments Manufacturing Co., 80.39
Ltd.*..................................................
Ningbo Decko Metal Products Trade Co., Ltd.*............ 80.39
Ningbo Haifa Metal Works Co., Ltd.*..................... 80.39
Ningbo HaiFa Office Equipment Co., Ltd.*................ 80.39
Ningbo TLT Metal Products Co., Ltd.*.................... 80.39
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* 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.
Notifications to Interested Parties
This notice constitutes the countervailing duty order with respect
to boltless steel shelving from the PRC, pursuant to section 706(a) of
the Act. Interested parties may contact the Department's Central
Records Unit, Room B8024 of the main Commerce Building, for copies of
an updated list of countervailing duty orders currently in effect.
This amended final determination is issued and published in
accordance with section 705(e) of the Act and 19 CFR 351.224(e) and
(f). This order is issued and published in accordance with section
706(a) of the Act and 19 CFR 351.211(b).
Dated: October 15, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-26764 Filed 10-20-15; 8:45 am]
BILLING CODE 3510-DS-P
