Boltless Steel Shelving Units Prepackaged for Sale From the People's Republic of China: Antidumping Duty Order, 63741-63743 [2015-26765]
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Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices
For more information contact Yvette
Springer on (202) 482–2813.
Dated: October 15, 2015.
Yvette Springer,
Committee Liaison Officer.
[FR Doc. 2015–26688 Filed 10–20–15; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–848]
Freshwater Crawfish Tail Meat From
the People’s Republic of China:
Initiation of Antidumping Duty New
Shipper Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is initiating a new
shipper review (NSR) of the
antidumping duty order on freshwater
crawfish tail meat from the People’s
Republic of China (PRC) with respect to
Hubei Qianjiang Huashan Aquatic Food
and Product Co., Ltd. (Hubei Qianjiang).
DATES: Effective Date: October 21, 2015.
FOR FURTHER INFORMATION CONTACT:
Hermes Pinilla, AD/CVD Operations
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; Telephone:
(202) 482–3477.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
The antidumping duty order on
freshwater crawfish tail meat from the
PRC published in the Federal Register
on September 15, 1997.1 Pursuant to
section 751(a)(2)(B)(i) of the Tariff Act
of 1930, as amended (the Act), we
received a timely request for a NSR of
the order from Hubei Qianjiang.2 Hubei
Qianjiang certified that it is both the
producer and exporter of the subject
merchandise upon which the request
was based.3
Pursuant to section 751(a)(2)(B)(i)(I) of
the Act and 19 CFR 351.214(b)(2)(i),
Hubei Qianjiang certified that it did not
export subject merchandise to the
United States during the period of
investigation (POI).4 In addition,
pursuant to section 751(a)(2)(B)(i)(II) of
the Act and 19 CFR 351.214(b)(2)(iii)(A),
Hubei Qianjiang certified that, since the
initiation of the investigation, it has
never been affiliated with any exporter
or producer who exported subject
merchandise to the United States during
the POI, including those respondents
not individually examined during the
POI.5 As required by 19 CFR
351.214(b)(2)(iii)(B), Hubei Qianjiang
also certified that its export activities
were not controlled by the government
of the PRC.6
In addition to the certifications
described above, pursuant to 19 CFR
351.214(b)(2), Hubei Qianjiang
submitted documentation establishing
the following: (1) The date on which it
first shipped subject merchandise for
export to the United States; (2) the
volume of its first shipment; and (3) the
date of its first sale to an unaffiliated
customer in the United States.7
Period of Review
The period of review (POR) for this
NSR is September 1, 2014, through
August 31, 2015.
Initiation of New Shipper Review
Pursuant to section 751(a)(2)(B) of the
Act and 19 CFR 351.214(d)(1), the
Department finds that the request from
Hubei Qianjiang meets the threshold
requirements for initiation of a NSR for
shipments of freshwater crawfish tail
meat from the PRC produced and
exported by Hubei Qianjiang.8
Unless extended, the Department
intends to issue the preliminary results
of this NSR no later than 180 days from
the date of initiation and final results of
the review no later than 90 days after
the date the preliminary results are
issued.9 It is the Department’s usual
practice, in cases involving non-market
economy countries, to require that a
company seeking to establish eligibility
for an antidumping duty rate separate
from the country-wide rate provide
evidence of de jure and de facto absence
of government control over the
company’s export activities.
Accordingly, we will issue a
questionnaire to Hubei Qianjiang which
will include a section requesting
4 Id.
5 Id.
tkelley on DSK3SPTVN1PROD with NOTICES
6 Id.
1 See
Notice of Amendment to Final
Determination of Sales at Less Than Fair Value and
Antidumping Duty Order: Freshwater Crawfish Tail
Meat from the People’s Republic of China, 62 FR
48218 (September 15, 1997) (Crawfish Order).
2 See Hubei Qianjiang’s new shipper request
dated September 2, 2015.
3 See Hubei Qianjiang’s new shipper request at
Attachment 1.
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22:39 Oct 20, 2015
Jkt 238001
7 See Hubei Qianjiang’s new shipper request at
Attachments 1 and 2.
8 See the memorandum to the file entitled
‘‘Freshwater crawfish tail meat from the People’s
Republic of China: Initiation Checklist for
Antidumping Duty New Shipper Review of Hubei
Qianjiang Huashan Aquatic Food and Product Co.,
Ltd.’’ dated concurrently with this notice.
9 See section 751(a)(2)(B)(iv) of the Act.
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Fmt 4703
Sfmt 4703
63741
information concerning its eligibility for
a separate rate. The NSR of Hubei
Qianjiang will be rescinded if the
Department determines that Hubei
Qianjiang has not demonstrated that it
is eligible for a separate rate.
We will instruct U.S. Customs and
Border Protection to allow, at the option
of the importer, the posting, until the
completion of the review, of a bond or
security in lieu of a cash deposit for
each entry of the subject merchandise
from Hubei Qianjiang in accordance
with section 751(a)(2)(B)(iii) of the Act
and 19 CFR 351.214(e). Because Hubei
Qianjiang certified that it produced and
exported subject merchandise, the sale
of which is the basis for the request for
a NSR, we will apply the bonding
privilege to Hubei Qianjiang only for
subject merchandise which was
produced and exported by Hubei
Qianjiang.
To assist in its analysis of the bona
fides of Hubei Qianjiang’s sales, upon
initiation of this NSR, the Department
will require Hubei Qianjiang to submit
on an ongoing basis complete
transaction information concerning any
sales of subject merchandise to the
United States that were made
subsequent to the POR.
Interested parties requiring access to
proprietary information in the NSR
should submit applications for
disclosure under administrative
protective order in accordance with 19
CFR 351.305 and 351.306.
This initiation and notice are
published in accordance with section
751(a)(2)(B) of the Act and 19 CFR
351.214 and 351.221(c)(1)(i).
Dated: October 15, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2015–26763 Filed 10–20–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–018]
Boltless Steel Shelving Units
Prepackaged for Sale From the
People’s Republic of China:
Antidumping 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 an
AGENCY:
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63742
Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices
antidumping duty order on boltless steel
shelving units prepackaged for sale from
the People’s Republic of China (‘‘PRC’’).
DATES: Effective date: October 21, 2015.
FOR FURTHER INFORMATION CONTACT:
Kabir Archuletta or Irene Gorelik, 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–
6905, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 26, 2015, the Department
published the final determination of
sales at less than fair value in the
antidumping duty investigation of
boltless steel shelving units
prepackaged for sale from the PRC.1 On
October 7, 2015, the ITC notified the
Department of its final determination
pursuant to section 735(b)(1)(A)(i) of the
Tariff Act of 1930, as amended (‘‘the
Act’’), that an 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 from
the PRC.2
tkelley on DSK3SPTVN1PROD with NOTICES
Scope of the Order
The scope of this order 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
1 See Boltless Steel Shelving Units Prepackaged
for Sale From the People’s Republic of China: Final
Determination of Sales at Less Than Fair Value, 80
FR 51779 (August 26, 2015) (‘‘Final
Determination’’) and accompanying Issues and
Decision Memorandum.
2 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).
VerDate Sep<11>2014
22:39 Oct 20, 2015
Jkt 238001
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 order may be
commonly described as rivet shelving,
welded frame shelving, slot and tab
shelving, and punched rivet (quasirivet) 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; 3
3 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 00006
Fmt 4703
Sfmt 4703
• 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
order is dispositive.
Antidumping Duty Order
In accordance with sections
735(b)(1)(A)(i) and 735(d) of the Act, the
ITC has notified the Department of its
final determination in this investigation,
in which it found that imports of
boltless steel shelving from the PRC are
materially injuring or threatening
material injury to a U.S. industry.
Therefore, in accordance with section
735(c)(2) of the Act, we are publishing
this antidumping duty order.
As a result of the ITC’s final
determination, in accordance with
section 736(a)(1) of the Act, the
Department will direct U.S. Customs
and Border Protection (‘‘CBP’’) to assess,
upon further instruction by the
Department, antidumping duties equal
to the amount by which the normal
value of the merchandise exceeds the
export price (or constructed export
price) of the merchandise, for all
relevant entries of boltless steel shelving
from the PRC. These antidumping
duties will be assessed on unliquidated
entries from the PRC entered, or
withdrawn from warehouse, for
consumption on or after April 1, 2015,
the date on which the Department
published the Preliminary
Determination,4 but will not include
entries occurring after the expiration of
the provisional measures period and
before publication of the ITC’s final
injury determination, as further
described below.
4 See Boltless Steel Shelving Units Prepackaged
for Sale from the People’s Republic of China:
Preliminary Determination of Sales at Less Than
Fair Value, 80 FR 17409 (April 1, 2015)
(‘‘Preliminary Determination’’).
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Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, we will instruct
CBP to continue to suspend liquidation
on entries of subject merchandise from
the PRC. We will also instruct CBP to
require cash deposits equal to the
estimated amount by which the normal
value exceeds the U.S. price as
indicated in the chart below, adjusted
where appropriate for export subsidies
and estimated domestic subsidy passthrough.5 These instructions suspending
liquidation will remain in effect until
further notice.
Accordingly, effective on the date of
publication of the ITC’s final affirmative
injury determination, CBP will require,
at the same time as importers would
normally deposit estimated duties on
this subject merchandise, a cash deposit
equal to the estimated weighted-average
antidumping duty margins, adjusted
where appropriate for export subsidies
and estimated domestic subsidy passthrough, as discussed above.6 The
‘‘PRC-wide’’ rate applies to all exporters
of subject merchandise not specifically
listed.
Provisional Measures
Section 733(d) of the Act states that
instructions issued pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months except where exporters
representing a significant proportion of
exports of the subject merchandise
request the Department to extend that
four-month period to no more than six
months. At the request of an exporter
that accounted for a significant
proportion of exports of boltless steel
shelving from the PRC, we extended the
four-month period to no more than six
months.7 In the underlying
investigation, the Department published
the Preliminary Determination on April
1, 2015. Therefore, the six-month period
beginning on the date of the publication
of the Preliminary Determination ended
on September 27, 2015. Furthermore,
section 737(b) of the Act states that
definitive duties are to begin on the date
of publication of the ITC’s final injury
determination.
Therefore, in accordance with section
733(d) of the Act and our practice, we
will instruct CBP to terminate the
suspension of liquidation and to
liquidate, without regard to
antidumping duties, unliquidated
entries of boltless steel shelving from
the PRC entered, or withdrawn from
warehouse, for consumption after
September 27, 2015, the date the
provisional measures expired, and
through the day preceding the date of
publication of the ITC’s final injury
determination in the Federal Register.
Estimated Weighted-Average Dumping
Margin
The weighted-average antidumping
duty margin percentages are as follows:
Weighted-Average
margin
(percent)
Exporter
Producer
Zhongda United Holding Group Co., Ltd ...............................
Jiaxing Zhongda Import & Export 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 .................................
HoiFat (NingBo) Office Facilities Co., Ltd ..............................
PRC-Wide Entity (including Nanjing Topsun Racking Manufacturing Co., Ltd.).
Jiaxing Zhongda Metalwork Co., Ltd .....................................
Jiaxing Zhongda Metalwork 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 .................................
HoiFat (NingBo) Office Facilities Co., Ltd ..............................
.................................................................................................
This notice constitutes the
antidumping duty order with respect to
boltless steel shelving from the PRC,
pursuant to section 736(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
antidumping duty orders currently in
effect.
This order is published in accordance
with sections 736(a) of the Act and 19
CFR 351.211(b).
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–979]
Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into
Modules, From the People’s Republic
of China: Preliminary Results of the
Changed Circumstances Review
BILLING CODE 3510–DS–P
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.
6 See sections 736(a)(3), 772(c)(1)(C) and 777A(f)
of the Act.
7 See Boltless Steel Shelving Units Prepackaged
for Sale From the People’s Republic of China:
Dated: October 15, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2015–26765 Filed 10–20–15; 8:45 am]
tkelley on DSK3SPTVN1PROD with NOTICES
17.55
17.55
17.55
17.55
17.55
17.55
17.55
17.55
112.68
silicon photovoltaic cells, whether or
not assembled into modules (‘‘solar
cells’’), from the People’s Republic of
China (‘‘PRC’’) in response to a request
from Neo Solar Power Corporation
(‘‘Neo Solar’’), DelSolar Co., Ltd.
(‘‘DelSolar Taiwan’’), and DelSolar
(Wujiang) Ltd. (‘‘DelSolar Wujiang’’).1
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On March 18, 2015, the
Department of Commerce (the
‘‘Department’’) initiated a changed
circumstance review (‘‘CCR’’) of the
antidumping duty order on crystalline
5 See Final Determination 80 FR at 51781
(describing the adjustments to the AD duty margins
in more detail); see also 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, e.g., Notice of Final Determination of
63743
AGENCY:
Amended Preliminary Determination of Sales at
Less Than Fair Value and Postponement of Final
Determination, 80 FR 21207, 21208 (April 17,
2015).
1 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, from the
People’s Republic of China: Initiation of Changed
Circumstances Review, 80 FR 15568 (March 24,
2015) (‘‘Initiation Notice’’). We note that although
Continued
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22:39 Oct 20, 2015
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]]>Agencies
[Federal Register Volume 80, Number 203 (Wednesday, October 21, 2015)]
[Notices]
[Pages 63741-63743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26765]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-018]
Boltless Steel Shelving Units Prepackaged for Sale From the
People's Republic of China: Antidumping 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 an
[[Page 63742]]
antidumping duty order on boltless steel shelving units prepackaged for
sale from the People's Republic of China (``PRC'').
DATES: Effective date: October 21, 2015.
FOR FURTHER INFORMATION CONTACT: Kabir Archuletta or Irene Gorelik, 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) 482-6905, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 26, 2015, the Department published the final
determination of sales at less than fair value in the antidumping duty
investigation of boltless steel shelving units prepackaged for sale
from the PRC.\1\ On October 7, 2015, the ITC notified the Department of
its final determination pursuant to section 735(b)(1)(A)(i) of the
Tariff Act of 1930, as amended (``the Act''), that an 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 from the PRC.\2\
---------------------------------------------------------------------------
\1\ See Boltless Steel Shelving Units Prepackaged for Sale From
the People's Republic of China: Final Determination of Sales at Less
Than Fair Value, 80 FR 51779 (August 26, 2015) (``Final
Determination'') and accompanying Issues and Decision Memorandum.
\2\ 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 order 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 order 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; \3\
---------------------------------------------------------------------------
\3\ 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 order is dispositive.
Antidumping Duty Order
In accordance with sections 735(b)(1)(A)(i) and 735(d) of the Act,
the ITC has notified the Department of its final determination in this
investigation, in which it found that imports of boltless steel
shelving from the PRC are materially injuring or threatening material
injury to a U.S. industry. Therefore, in accordance with section
735(c)(2) of the Act, we are publishing this antidumping duty order.
As a result of the ITC's final determination, in accordance with
section 736(a)(1) of the Act, the Department will direct U.S. Customs
and Border Protection (``CBP'') to assess, upon further instruction by
the Department, antidumping duties equal to the amount by which the
normal value of the merchandise exceeds the export price (or
constructed export price) of the merchandise, for all relevant entries
of boltless steel shelving from the PRC. These antidumping duties will
be assessed on unliquidated entries from the PRC entered, or withdrawn
from warehouse, for consumption on or after April 1, 2015, the date on
which the Department published the Preliminary Determination,\4\ but
will not include entries occurring after the expiration of the
provisional measures period and before publication of the ITC's final
injury determination, as further described below.
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\4\ See Boltless Steel Shelving Units Prepackaged for Sale from
the People's Republic of China: Preliminary Determination of Sales
at Less Than Fair Value, 80 FR 17409 (April 1, 2015) (``Preliminary
Determination'').
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[[Page 63743]]
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct CBP to continue to suspend liquidation on entries of subject
merchandise from the PRC. We will also instruct CBP to require cash
deposits equal to the estimated amount by which the normal value
exceeds the U.S. price as indicated in the chart below, adjusted where
appropriate for export subsidies and estimated domestic subsidy pass-
through.\5\ These instructions suspending liquidation will remain in
effect until further notice.
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\5\ See Final Determination 80 FR at 51781 (describing the
adjustments to the AD duty margins in more detail); see also
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,
e.g., 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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Accordingly, effective on the date of publication of the ITC's
final affirmative injury determination, CBP will require, at the same
time as importers would normally deposit estimated duties on this
subject merchandise, a cash deposit equal to the estimated weighted-
average antidumping duty margins, adjusted where appropriate for export
subsidies and estimated domestic subsidy pass-through, as discussed
above.\6\ The ``PRC-wide'' rate applies to all exporters of subject
merchandise not specifically listed.
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\6\ See sections 736(a)(3), 772(c)(1)(C) and 777A(f) of the Act.
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Provisional Measures
Section 733(d) of the Act states that instructions issued pursuant
to an affirmative preliminary determination may not remain in effect
for more than four months except where exporters representing a
significant proportion of exports of the subject merchandise request
the Department to extend that four-month period to no more than six
months. At the request of an exporter that accounted for a significant
proportion of exports of boltless steel shelving from the PRC, we
extended the four-month period to no more than six months.\7\ In the
underlying investigation, the Department published the Preliminary
Determination on April 1, 2015. Therefore, the six-month period
beginning on the date of the publication of the Preliminary
Determination ended on September 27, 2015. Furthermore, section 737(b)
of the Act states that definitive duties are to begin on the date of
publication of the ITC's final injury determination.
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\7\ See Boltless Steel Shelving Units Prepackaged for Sale From
the People's Republic of China: Amended Preliminary Determination of
Sales at Less Than Fair Value and Postponement of Final
Determination, 80 FR 21207, 21208 (April 17, 2015).
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Therefore, in accordance with section 733(d) of the Act and our
practice, we will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of boltless steel shelving from the PRC entered,
or withdrawn from warehouse, for consumption after September 27, 2015,
the date the provisional measures expired, and through the day
preceding the date of publication of the ITC's final injury
determination in the Federal Register.
Estimated Weighted-Average Dumping Margin
The weighted-average antidumping duty margin percentages are as
follows:
------------------------------------------------------------------------
Weighted-Average
Exporter Producer margin (percent)
------------------------------------------------------------------------
Zhongda United Holding Group Jiaxing Zhongda 17.55
Co., Ltd. Metalwork Co., Ltd.
Jiaxing Zhongda Import & Jiaxing Zhongda 17.55
Export Co., Ltd. Metalwork Co., Ltd.
Ningbo ETDZ Huixing Trade Haifa (Ningbo) Office 17.55
Co., Ltd. Equipment Co., Ltd.
Ningbo ETDZ Huixing Trade Ningbo Decko Metal 17.55
Co., Ltd. Products Trade Co.,
Ltd.
Ningbo ETDZ Huixing Trade Lianfa Metal Product 17.55
Co., Ltd. Co., Ltd.
Meridian International Co., Zhejiang Limai Metal 17.55
Ltd. Products Co., Ltd.
Zhejiang Limai Metal Products Zhejiang Limai Metal 17.55
Co., Ltd. Products Co., Ltd.
HoiFat (NingBo) Office HoiFat (NingBo) 17.55
Facilities Co., Ltd. Office Facilities
Co., Ltd.
PRC-Wide Entity (including ..................... 112.68
Nanjing Topsun Racking
Manufacturing Co., Ltd.).
------------------------------------------------------------------------
This notice constitutes the antidumping duty order with respect to
boltless steel shelving from the PRC, pursuant to section 736(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 antidumping duty orders currently in effect.
This order is published in accordance with sections 736(a) of the
Act and 19 CFR 351.211(b).
Dated: October 15, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-26765 Filed 10-20-15; 8:45 am]
BILLING CODE 3510-DS-P
