Certain Tool Chests and Cabinets From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 53456-53460 [2017-24861]
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53456
Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–830]
Final Results of Changed
Circumstances Review: Antidumping
Duty Order on Carbon and Certain
Alloy Steel Wire Rod From Mexico
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On October 4, 2017, the
Department of Commerce (the
Department) published its notice of
initiation and preliminary results of a
changed circumstances review (CCR) of
the antidumping duty order on carbon
and certain alloy steel wire rod (wire
rod) from Mexico to determine whether
ArcelorMittal Mexico, S.A. de C.V.
(AMM) is the successor-in-interest to
ArcelorMittal Las Truchas, S.A. de C.V.
(AMLT). No interested parties submitted
case briefs or requested a hearing with
respect to the Department’s notice of
initiation and preliminary results.
Therefore, based on the information on
the record, we continue to determine
that AMM is the successor-in-interest to
ALMT.
DATES: Applicable November 16, 2017.
FOR FURTHER INFORMATION CONTACT:
Keith Haynes, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–5139.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
The Department published in the
Federal Register the initiation and
preliminary results of an expedited CCR
on October 4, 2017, preliminarily
finding that AMM is the successor-ininterest to AMLT.1 In the Preliminary
Results, we provided interested parties
30 days from the date of publication to
submit case briefs or request a hearing.
No interested parties submitted case
briefs or requested a hearing.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Scope of the Order
The merchandise covered by the order
is carbon and certain alloy steel wire
rod. The product is currently classified
under the Harmonized Tariff Schedule
of the United States (HTSUS) item
numbers 7213.91.3000, 7213.91.3010,
7213.91.3011, 7213.91.3015,
1 See Initiation and Preliminary Results of
Changed Circumstances Review: Antidumping Duty
Order on Carbon and Certain Alloy Steel Wire Rod
from Mexico, 82 FR 46222 (October 4, 2017)
(Preliminary Results).
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7213.91.3020, 7213.91.3090,
7213.91.3091, 7213.91.3092,
7213.91.3093, 7213.91.4500,
7213.91.4510, 7213.91.4590,
7213.91.6000, 7213.91.6010,
7213.91.6090, 7213.99.0030,
7213.99.0031, 7213.99.0038,
7213.99.0090, 7227.20.0000,
7227.20.0010, 7227.20.0020,
7227.20.0030, 7227.20.0080,
7227.20.0090, 7227.20.0095,
7227.90.6010, 7227.90.6020,
7227.90.6030, 7227.90.6035,
7227.90.6050, 7227.90.6051,
7227.90.6053, 7227.90.6058,
7227.90.6059, 7227.90.6080, and
7227.90.6085 of the HTSUS. Although
the HTSUS numbers are provided for
convenience and customs purposes, the
written product description remains
dispositive.2
Final Results of Changed
Circumstances Review
Because no party submitted a case
brief in response to the Department’s
Preliminary Results, and because the
record contains no other information or
evidence that calls into question the
Preliminary Results, the Department
continues to find that AMM is the
successor-in-interest to AMLT, and is
entitled to AMLT’s cash deposit rate
with respect to entries of merchandise
subject to the antidumping duty order
on wire rod from Mexico.3
Instructions to U.S. Customs and
Border Protection
Based on these final results, we will
instruct U.S. Customs and Border
Protection to suspend liquidation and
collect estimated antidumping duties for
all shipments of subject merchandise
exported by AMM and entered, or
withdrawn from warehouse, for
consumption on or after the publication
of this notice in the Federal Register at
the current antidumping duty cashdeposit rate for AMLT (i.e., 2.59
percent). This cash deposit requirement
shall remain in effect until further
notice.
2 For a complete description of the scope of the
order, see Memorandum from James Maeder, Senior
Director performing the duties of Deputy Assistant
Secretary for Antidumping and Countervailing Duty
Operations, to Carole Showers, Executive Director,
Office of Policy, performing the duties of the
Deputy Assistant Secretary for Enforcement and
Compliance, ‘‘Carbon and Certain Alloy Steel Wire
Rod from Mexico Preliminary Decision
Memorandum of Changed Circumstances Review,’’
dated September 28, 2017 (Preliminary Decision
Memorandum).
3 For a complete discussion of the Department’s
findings, which remain unchanged in these final
results and which are herein incorporated by
reference and adopted by this notice, see, generally,
Preliminary Results and Preliminary Decision
Memorandum.
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Notification to Interested Parties
This notice serves as a final reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition 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 sanctionable violation.
We are issuing and publishing these
final results in accordance with sections
751(b) and 777(i) of the Act, and 19 CFR
351.216.
Dated: November 13, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2017–24865 Filed 11–15–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–056]
Certain Tool Chests and Cabinets
From the People’s Republic of China:
Preliminary Affirmative Determination
of Sales at Less Than Fair Value,
Postponement of Final Determination,
and Extension of Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that certain tool chests and
cabinets (tool chests) from the People’s
Republic of China (the PRC) are being,
or are likely to be, sold in the United
States at less than fair value (LTFV). The
period of investigation (POI) is October
1, 2016, through March 31, 2017.
DATES: Applicable November 16, 2017.
FOR FURTHER INFORMATION CONTACT:
Yang Jin Chun or Andre Gziryan, AD/
CVD Operations Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–5760 and (202) 482–2201,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This preliminary determination is
made in accordance with section 733(b)
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Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Notices
of the Tariff Act of 1930, as amended
(the Act). The Department published the
notice of initiation of this investigation
on May 9, 2017.1 On August 21, 2017,
the Department postponed the
preliminary determination of this
investigation and the revised deadline is
now November 7, 2017.2 For a complete
description of the events that followed
the initiation of this investigation, see
the Preliminary Decision
Memorandum.3 A list of topics included
in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. 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 accessed directly
at https://enforcement.trade.gov/frn/.
Scope of the Investigation
The products covered by this
investigation are tool chests from the
PRC. For a complete description of the
scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to
the Department’s regulations,4 the
Initiation Notice set aside a period of
time for parties to raise issues regarding
product coverage (scope).5 Certain
interested parties commented on the
scope of the investigation as it appeared
in the Initiation Notice. For a summary
of the product coverage comments and
rebuttal responses submitted to the
record for this investigation, and
accompanying discussion and analysis
of all comments timely received, see the
Preliminary Scope Decision
Memorandum.6 The Department has
preliminarily modified the scope
language that appeared in the Initiation
Notice. See the revised scope in
Appendix I to this notice. The
Department intends to address any
scope comments received 7 and issue a
final scope decision along with the final
determination in the concurrent
countervailing duty (CVD) investigation
on tool chests from the PRC.
Methodology
The Department is conducting this
investigation in accordance with section
731 of the Act. The Department has
calculated export prices and constructed
export prices in accordance with
sections 772(a) and (b) of the Act,
respectively. Because the PRC is a nonmarket economy, within the meaning of
section 771(18) of the Act, the
Department has calculated normal value
(NV) in accordance with section 773(c)
of the Act. In addition, pursuant to
section 776(a) and (b) of the Act, the
Department preliminarily has relied on
facts otherwise available, with adverse
inferences, for the PRC-wide entity. For
a full description of the methodology
underlying the Department’s
preliminary determination, see the
Preliminary Decision Memorandum.
Combination Rates
In the Initiation Notice,8 the
Department stated that it would
calculate producer/exporter
combination rates for the respondents
that are eligible for a separate rate in
this investigation. Policy Bulletin 05.1
describes this practice.9 In this
investigation, we calculated producer/
exporter combination rates for
respondents eligible for separate rates.
Preliminary Determination
The Department preliminarily
determines that the following estimated
weighted-average dumping margins
exist: 10
Estimated
weightedaverage
dumping
margin
(percent)
Producer
Geelong Sales (Macao Commercial Offshore) Limited
The Tongrun Single Entity ............................................
The Tongrun Single Entity ............................................
Changzhou Machan Steel Furniture Co., Ltd ..............
Guangdong Hisense Home Appliances Co., Ltd .........
Hyxion Metal Industry ...................................................
Jin Rong Hua Le Metal Manufactures Co., Ltd ...........
Ningbo Safewell International Holding Corp ................
Pinghu Chenda Storage Office Equipment Co., Ltd ....
Pooke Technology Co., Ltd ..........................................
Shanghai All-Fast International Trade Co., Ltd ............
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Exporter
Zhongshan Geelong Manufacturing Co., Ltd ...............
Changshu City Jiangrun Metal Product Co., Ltd .........
The Tongrun Single Entity ............................................
Changzhou Machan Steel Furniture Co., Ltd ..............
Guangdong Hisense Home Appliances Co., Ltd .........
Hyxion Metal Industry ...................................................
Jin Rong Hua Le Metal Manufactures Co., Ltd ...........
Zhejiang Xiunan Leisure Products Co., Ltd .................
Pinghu Chenda Storage Office Equipment Co., Ltd ....
Pooke Technology Co., Ltd ..........................................
Kunshan Trusteel Industry Co. Ltd ..............................
1 See Certain Tool Chests and Cabinets from the
People’s Republic of China and the Socialist
Republic of Vietnam: Initiation of Less-Than-FairValue Investigations, 82 FR 21523 (May 9, 2017)
(Initiation Notice).
2 See Certain Tool Chests and Cabinets from the
People’s Republic of China and the Socialist
Republic of Vietnam: Postponements of Preliminary
Determinations of Antidumping Duty
Investigations, 82 FR 39563 (August 21, 2017).
3 See Memorandum, ‘‘Certain Tool Chests and
Cabinets from the People’s Republic of China:
Decision Memorandum for Preliminary Affirmative
Determination of Sales at Less Than Fair Value,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
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16:52 Nov 15, 2017
Jkt 244001
6 See Memorandum, ‘‘Certain Tool Chests and
Cabinets from the People’s Republic of China and
the Socialist Republic of Vietnam: Scope Comments
Decision Memorandum for the Preliminary
Determinations’’ (Preliminary Scope Decision
Memorandum), dated September 8, 2017.
7 The scope case briefs were due 30 days after the
publication of Certain Tool Chests and Cabinets
from the People’s Republic of China: Preliminary
Affirmative Countervailing Duty Determination, 82
FR 43331 (September 15, 2017), which was Sunday,
October 15, 2017. See the Preliminary Scope
Decision Memorandum at 6. Therefore, the actual
deadline for the scope case briefs was Monday,
October 16, 2017. See 19 CFR 351.303(b)(1) (‘‘For
both electronically filed and manually filed
documents, if the applicable due date falls on a
non-business day, the Secretary will accept
documents that are filed on the next business
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53457
168.93
90.40
90.40
145.99
145.99
145.99
145.99
145.99
145.99
145.99
145.99
Cash deposit
rate (adjusted
for subsidy
offsets)
(percent)
158.30
74.56
74.56
130.09
130.09
130.09
130.09
130.09
130.09
130.09
130.09
day.’’). The deadline for scope rebuttal briefs was
Monday, October 23, 2017.
8 See Initiation Notice, 82 FR at 21528.
9 See Enforcement and Compliance’s Policy
Bulletin No. 05.1, regarding, ‘‘Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market
Economy Countries,’’ (April 5, 2005) (Policy
Bulletin 05.1), available on the Department’s Web
site at https://enforcement.trade.gov/policy/bull051.pdf.
10 The Tongrun Single Entity is comprised of
Jiangsu Tongrun Equipment Technology Co., Ltd.,
Changshu Taron Machinery Equipment
Manufacturing Co., Ltd., Changshu Tongrun
Mechanical & Electrical Equipment Manufacture
Co., Ltd., and Shanghai Tongrun Import and Export
Co., Ltd. See Preliminary Decision Memorandum at
5–7.
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Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Notices
Estimated
weightedaverage
dumping
margin
(percent)
Exporter
Producer
Shanghai All-Fast International Trade Co., Ltd ............
Shanghai All-Fast International Trade Co., Ltd ............
Shanghai All-Hop Industry Co., Ltd ..............................
Trantex Product (Zhong Shan) Co., Ltd .......................
PRC-Wide Entity ...........................................................
Shanghai All-Hop Industry Co., Ltd ..............................
Shanghai Hom-Steel Industry Co., Ltd ........................
Shanghai All-Hop Industry Co., Ltd ..............................
Trantex Product (Zhong Shan) Co., Ltd .......................
.......................................................................................
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Suspension of Liquidation
In accordance with section 733(d)(2)
of the Act, the Department will direct
U.S. Customs and Border Protection
(CBP) to suspend liquidation of subject
merchandise as described in the scope
of the investigation section entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of this notice in the Federal
Register, as discussed below. Further,
pursuant to section 733(d)(1)(B) of the
Act and 19 CFR 351.205(d), the
Department will instruct CBP to require
a cash deposit equal to the weightedaverage amount by which normal value
exceeds U.S. price, as indicated in the
chart above as follows: (1) For the
producer/exporter combinations listed
in the table above, the cash deposit rate
is equal to the estimated weightedaverage dumping margin listed for that
combination in the table; (2) for all
combinations of PRC producers/
exporters of merchandise under
consideration that have not established
eligibility for their own separate rates,
the cash deposit rate will be equal to the
estimated weighted-average dumping
margin established for the PRC-wide
entity; and (3) for all third-country
exporters of merchandise under
consideration not listed in the table
above, the cash deposit rate is the cash
deposit rate applicable to the PRC
producer/exporter combination (or the
PRC-wide entity) that supplied that
third-country exporter.
To determine the cash deposit rate,
the Department normally adjusts the
estimated weighted-average dumping
margin by the amount of domestic
subsidy pass-through and export
subsidies determined in a companion
CVD proceeding when CVD provisional
measures are in effect. Accordingly,
where the Department has made a
preliminary affirmative determination
for domestic subsidy pass-through or
export subsidies, the Department has
offset the calculated estimated
weighted-average dumping margin by
the appropriate rate(s). Any such
adjusted rates may be found in the
Preliminary Determination Section’s
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16:52 Nov 15, 2017
Jkt 244001
chart of estimated weighted-average
dumping margins above.
Should provisional measures in the
companion CVD investigation expire
prior to the expiration of provisional
measures in this LTFV investigation, the
Department will direct CBP to begin
collecting cash deposits at a rate equal
to the estimated weighted-average
dumping margins calculated in this
preliminary determination unadjusted
for the passed-through domestic
subsidies or for export subsidies at the
time the CVD provisional measures
expire.
These suspension of liquidation
instructions will remain in effect until
further notice.
Disclosure
The Department intends to disclose to
interested parties the calculations
performed in connection with this
preliminary determination within five
days of its public announcement or, if
there is no public announcement,
within five days of the date of
publication of this notice in accordance
with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the
Act, the Department intends to verify
information relied upon in making its
final determination.
Public Comment
Case briefs or other written
comments, with the exception of scope
case briefs or scope comments,11 may be
submitted to the Assistant Secretary for
Enforcement and Compliance no later
than seven days after the date on which
the last final verification report is issued
in this investigation, unless the
Department alters the time limit.
Rebuttal briefs, limited to issues raised
in case briefs, may be submitted no later
than five days after the deadline date for
case briefs.12 Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in
11 As explained above, the actual deadline for the
scope case briefs was Monday, October 16, 2017.
12 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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145.99
145.99
145.99
145.99
168.93
Cash deposit
rate (adjusted
for subsidy
offsets)
(percent)
130.09
130.09
130.09
130.09
158.39
this investigation are encouraged to
submit with each argument: (1) A
statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, the
Department intends to hold the hearing
at the U.S. Department of Commerce,
1401 Constitution Avenue NW.,
Washington, DC 20230, at a time and
date to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
All documents must be filed
electronically using ACCESS. An
electronically-filed request must be
received successfully in its entirety by
ACCESS no later than 5:00 p.m. Eastern
Time on the established due date.
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the
petitioners. Pursuant to 19 CFR
351.210(e)(2), the Department requires
that requests by respondents for
postponement of a final antidumping
determination be accompanied by a
request for extension of provisional
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measures from a four-month period to a
period not more than six months in
duration.
On October 6, 2017, pursuant to 19
CFR 351.210(e)(2), Geelong and the
Tongrun Single Entity requested that the
Department postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.13 In accordance with
section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because (1) the
preliminary determination is
affirmative; (2) the requesting exporters
account for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, the Department is postponing the
final determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, the Department’s
final determination will be published no
later than 135 days after the date of
publication of this preliminary
determination.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, the Department will notify the
International Trade Commission (ITC) of
its preliminary determination of sales at
LTFV. If the final determination is
affirmative, the ITC will determine
before the later of 120 days after the date
of this preliminary determination or 45
days after the final determination
whether imports of the subject
merchandise are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
asabaliauskas on DSKBBXCHB2PROD with NOTICES
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
13 See Letter from Geelong, ‘‘Antidumping Duty
Investigation of Certain Tool Chests and Cabinets
from the People’s Republic of China: Request for
Extension of the Final Determination,’’ dated
October 6, 2017, and Letter from the Tongrun Single
Entity, ‘‘Tongrun’s Request to Extend the Final
Determination in the Antidumping Duty
Investigation of Certain Tool Chests and Cabinets
from the People’s Republic of China, A–570–056,’’
dated October 6, 2017.
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16:52 Nov 15, 2017
Jkt 244001
Dated: November 7, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
Scope of the Investigation
The scope of this investigation covers
certain metal tool chests and tool cabinets,
with drawers, (tool chests and cabinets), from
the People’s Republic of China (the PRC).
The scope covers all metal tool chests and
cabinets, including top chests, intermediate
chests, tool cabinets and side cabinets,
storage units, mobile work benches, and
work stations and that have the following
physical characteristics:
(1) A body made of carbon, alloy, or
stainless steel and/or other metals;
(2) two or more drawers for storage in each
individual unit;
(3) a width (side to side) exceeding 15
inches for side cabinets and exceeding 21
inches for all other individual units but not
exceeding 60 inches;
(4) a body depth (front to back) exceeding
10 inches but not exceeding 24 inches; and
(5) prepackaged for retail sale.
For purposes of this scope, the width
parameter applies to each individual unit,
i.e., each individual top chest, intermediate
top chest, tool cabinet, side cabinet, storage
unit, mobile work bench, and work station.
Prepackaged for retail sale means the units
may, for example, be packaged in a cardboard
box, other type of container or packaging,
and may bear a Universal Product Code,
along with photographs, pictures, images,
features, artwork, and/or product
specifications. Subject tool chests and
cabinets are covered whether imported in
assembled or unassembled form. Subject
merchandise includes tool chests and
cabinets produced in the PRC but assembled,
prepackaged for retail sale, or subject to other
minor processing in a third country prior to
importation into the United States. Similarly,
it would include tool chests and cabinets
produced in the PRC that are later found to
be assembled, prepackaged for retail sale, or
subject to other minor processing after
importation into the United States.
Subject tool chests and cabinets may also
have doors and shelves in addition to
drawers, may have handles (typically
mounted on the sides), and may have a work
surface on the top. Subject tool chests and
cabinets may be uncoated (e.g., stainless
steel), painted, powder coated, galvanized, or
otherwise coated for corrosion protection or
aesthetic appearance.
Subject tool chests and cabinets may be
packaged as individual units or in sets. When
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53459
packaged in sets, they typically include a
cabinet with one or more chests that stack on
top of the cabinet. Tool cabinets act as a base
tool storage unit and typically have rollers,
casters, or wheels to permit them to be
moved more easily when loaded with tools.
Work stations and mobile work benches are
tool cabinets with a work surface on the top
that may be made of rubber, plastic, metal,
wood, or other materials.
Top chests are designed to be used with a
tool cabinet to form a tool storage unit. The
top chests may be mounted on top of the base
tool cabinet or onto an intermediate chest.
They are often packaged as a set with tool
cabinets or intermediate chests, but may also
be packaged separately. They may be
packaged with mounting hardware (e.g.,
bolts) and instructions for assembling them
onto the base tool cabinet or onto an
intermediate tool chest which rests on the
base tool cabinet. Smaller top chests typically
have handles on the sides, while the larger
top chests typically lack handles.
Intermediate tool chests are designed to fit on
top of the floor standing tool cabinet and to
be used underneath the top tool chest.
Although they may be packaged or used
separately from the tool cabinet, intermediate
chests are designed to be used in conjunction
with tool cabinets. The intermediate chests
typically do not have handles. The
intermediate and top chests may have the
capability of being bolted together.
Side cabinets are designed to be bolted or
otherwise attached to the side of the base
storage cabinet to expand the storage capacity
of the base tool cabinet.
Subject tool chests and cabinets also may
be packaged with a tool set included.
Packaging a subject tool chest and cabinet
with a tool set does not remove an otherwise
covered subject tool chest and cabinet from
the scope. When this occurs, the tools are not
part of the subject merchandise.
All tool chests and cabinets that meet the
above definition are included in the scope
unless otherwise specifically excluded.
Excluded from the scope of the
investigation are tool boxes, chests, and
cabinets with bodies made of plastic, carbon
fiber, wood, or other non-metallic substances.
Also excluded from the scope of the
investigation are industrial grade steel tool
chests and cabinets. The excluded industrial
grade steel tool chests and cabinets are those:
(1) Having a body that is over 60 inches in
width; or
(2) having each of the following physical
characteristics:
(a) A body made of steel that is 0.047
inches or more in thickness;
(b) a body depth (front to back) exceeding
21 inches; and
(c) a unit weight that exceeds the
maximum unit weight shown below for each
width range:
E:\FR\FM\16NON1.SGM
16NON1
Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Notices
Also excluded from the scope of the
investigation are service carts. The excluded
service carts have all of the following
characteristics:
(1) Casters, wheels, or other similar devices
which allow the service cart to be rolled from
place to place;
(2) a flat top or flat lid on top of the unit
that opens;
(3) a space or gap between the casters,
wheels, or other similar devices, and the
bottom of the enclosed storage space (e.g.,
drawers) of at least 10 inches; and
(4) a total unit height, including casters, of
less than 48 inches.
Also excluded from the scope of the
investigation are non-mobile work benches.
The excluded non-mobile work benches have
all of the following characteristics:
(1) A solid top working surface;
(2) no drawers, one drawer, or two drawers
in a side-by-side configuration; and
(3) the unit is supported by legs and has
no solid front, side, or back panels enclosing
the body of the unit.
Also excluded from the scope of this
investigation are metal filing cabinets that are
configured to hold hanging file folders and
are classified in the Harmonized Tariff
Schedule of the United States (HTSUS) at
subheading 9403.10.0020.
Merchandise subject to this investigation is
classified under HTSUS categories
9403.20.0021, 9403.20.0026, 9403.20.0030
and 7326.90.8688, but may also be classified
under HTSUS category 7326.90.3500. While
HTSUS subheadings are provided for
convenience and Customs purposes, the
VerDate Sep<11>2014
16:52 Nov 15, 2017
Jkt 244001
written description of the scope of this
investigation is dispositive.
DEPARTMENT OF COMMERCE
Appendix II
International Trade Administration
List of Topics Discussed in the Preliminary
Decision Memorandum
[A–570–051]
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Product Characteristics
VI. Selection of Respondents
VII. Affiliation and Single Entity
VIII. Discussion of the Methodology
A. Non-Market Economy Country
B. Surrogate Country
C. Surrogate Value Comments
D. Separate Rates
E. Dumping Margin for the Separate Rate
Companies
F. Combination Rates
G. The PRC-Wide Entity
H. Application of Facts Available and
Adverse Inferences
I. Date of Sale
J. Comparisons to Fair Value
K. U.S. Price
L. Normal Value
M. Factor Valuation Methodology
N. Currency Conversion
IX. Adjustment Under Section 777A(F) of the
Act
X. Adjustment to Cash Deposit Rate for
Export Subsidies
XI. Conclusion
[FR Doc. 2017–24861 Filed 11–15–17; 8:45 am]
BILLING CODE 3510–DS–P
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
Certain Hardwood Plywood Products
From the People’s Republic of China:
Final Determination of Sales at Less
Than Fair Value, and Final Affirmative
Determination of Critical
Circumstances, in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) determines that certain
hardwood plywood products (hardwood
plywood) from the People’s Republic of
China (PRC) are being, or is likely to be,
sold in the United States at less than fair
value (LTFV). The final weightedaverage dumping margins for the
investigation on hardwood plywood
from the PRC are listed in the ‘‘Final
Determination Margins’’ section of this
notice.
DATES: Applicable November 16, 2017.
FOR FURTHER INFORMATION CONTACT:
Amanda Brings or Ryan Mullen, AD/
CVD Operations, Office V, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
AGENCY:
E:\FR\FM\16NON1.SGM
16NON1
ER16NO17.284</GPH>
asabaliauskas on DSKBBXCHB2PROD with NOTICES
53460
]]>Agencies
[Federal Register Volume 82, Number 220 (Thursday, November 16, 2017)]
[Notices]
[Pages 53456-53460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24861]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-056]
Certain Tool Chests and Cabinets From the People's Republic of
China: Preliminary Affirmative Determination of Sales at Less Than Fair
Value, Postponement of Final Determination, and Extension of
Provisional Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that certain tool chests and cabinets (tool chests) from the
People's Republic of China (the PRC) are being, or are likely to be,
sold in the United States at less than fair value (LTFV). The period of
investigation (POI) is October 1, 2016, through March 31, 2017.
DATES: Applicable November 16, 2017.
FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or Andre Gziryan, AD/CVD
Operations Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone: (202) 482-5760 and (202) 482-
2201, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b)
[[Page 53457]]
of the Tariff Act of 1930, as amended (the Act). The Department
published the notice of initiation of this investigation on May 9,
2017.\1\ On August 21, 2017, the Department postponed the preliminary
determination of this investigation and the revised deadline is now
November 7, 2017.\2\ For a complete description of the events that
followed the initiation of this investigation, see the Preliminary
Decision Memorandum.\3\ A list of topics included in the Preliminary
Decision Memorandum is included as Appendix II to this notice. 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 accessed directly at https://enforcement.trade.gov/frn/.
---------------------------------------------------------------------------
\1\ See Certain Tool Chests and Cabinets from the People's
Republic of China and the Socialist Republic of Vietnam: Initiation
of Less-Than-Fair-Value Investigations, 82 FR 21523 (May 9, 2017)
(Initiation Notice).
\2\ See Certain Tool Chests and Cabinets from the People's
Republic of China and the Socialist Republic of Vietnam:
Postponements of Preliminary Determinations of Antidumping Duty
Investigations, 82 FR 39563 (August 21, 2017).
\3\ See Memorandum, ``Certain Tool Chests and Cabinets from the
People's Republic of China: Decision Memorandum for Preliminary
Affirmative Determination of Sales at Less Than Fair Value,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are tool chests from the
PRC. For a complete description of the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to the Department's regulations,\4\
the Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (scope).\5\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice. For a summary of the product coverage comments
and rebuttal responses submitted to the record for this investigation,
and accompanying discussion and analysis of all comments timely
received, see the Preliminary Scope Decision Memorandum.\6\ The
Department has preliminarily modified the scope language that appeared
in the Initiation Notice. See the revised scope in Appendix I to this
notice. The Department intends to address any scope comments received
\7\ and issue a final scope decision along with the final determination
in the concurrent countervailing duty (CVD) investigation on tool
chests from the PRC.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
\6\ See Memorandum, ``Certain Tool Chests and Cabinets from the
People's Republic of China and the Socialist Republic of Vietnam:
Scope Comments Decision Memorandum for the Preliminary
Determinations'' (Preliminary Scope Decision Memorandum), dated
September 8, 2017.
\7\ The scope case briefs were due 30 days after the publication
of Certain Tool Chests and Cabinets from the People's Republic of
China: Preliminary Affirmative Countervailing Duty Determination, 82
FR 43331 (September 15, 2017), which was Sunday, October 15, 2017.
See the Preliminary Scope Decision Memorandum at 6. Therefore, the
actual deadline for the scope case briefs was Monday, October 16,
2017. See 19 CFR 351.303(b)(1) (``For both electronically filed and
manually filed documents, if the applicable due date falls on a non-
business day, the Secretary will accept documents that are filed on
the next business day.''). The deadline for scope rebuttal briefs
was Monday, October 23, 2017.
---------------------------------------------------------------------------
Methodology
The Department is conducting this investigation in accordance with
section 731 of the Act. The Department has calculated export prices and
constructed export prices in accordance with sections 772(a) and (b) of
the Act, respectively. Because the PRC is a non-market economy, within
the meaning of section 771(18) of the Act, the Department has
calculated normal value (NV) in accordance with section 773(c) of the
Act. In addition, pursuant to section 776(a) and (b) of the Act, the
Department preliminarily has relied on facts otherwise available, with
adverse inferences, for the PRC-wide entity. For a full description of
the methodology underlying the Department's preliminary determination,
see the Preliminary Decision Memorandum.
Combination Rates
In the Initiation Notice,\8\ the Department stated that it would
calculate producer/exporter combination rates for the respondents that
are eligible for a separate rate in this investigation. Policy Bulletin
05.1 describes this practice.\9\ In this investigation, we calculated
producer/exporter combination rates for respondents eligible for
separate rates.
---------------------------------------------------------------------------
\8\ See Initiation Notice, 82 FR at 21528.
\9\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on
the Department's Web site at https://enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------
Preliminary Determination
The Department preliminarily determines that the following
estimated weighted-average dumping margins exist: \10\
---------------------------------------------------------------------------
\10\ The Tongrun Single Entity is comprised of Jiangsu Tongrun
Equipment Technology Co., Ltd., Changshu Taron Machinery Equipment
Manufacturing Co., Ltd., Changshu Tongrun Mechanical & Electrical
Equipment Manufacture Co., Ltd., and Shanghai Tongrun Import and
Export Co., Ltd. See Preliminary Decision Memorandum at 5-7.
----------------------------------------------------------------------------------------------------------------
Estimated
weighted- Cash deposit
average rate (adjusted
Exporter Producer dumping for subsidy
margin offsets)
(percent) (percent)
----------------------------------------------------------------------------------------------------------------
Geelong Sales (Macao Commercial Offshore) Zhongshan Geelong Manufacturing 168.93 158.30
Limited. Co., Ltd.
The Tongrun Single Entity..................... Changshu City Jiangrun Metal 90.40 74.56
Product Co., Ltd.
The Tongrun Single Entity..................... The Tongrun Single Entity....... 90.40 74.56
Changzhou Machan Steel Furniture Co., Ltd..... Changzhou Machan Steel Furniture 145.99 130.09
Co., Ltd.
Guangdong Hisense Home Appliances Co., Ltd.... Guangdong Hisense Home 145.99 130.09
Appliances Co., Ltd.
Hyxion Metal Industry......................... Hyxion Metal Industry........... 145.99 130.09
Jin Rong Hua Le Metal Manufactures Co., Ltd... Jin Rong Hua Le Metal 145.99 130.09
Manufactures Co., Ltd.
Ningbo Safewell International Holding Corp.... Zhejiang Xiunan Leisure Products 145.99 130.09
Co., Ltd.
Pinghu Chenda Storage Office Equipment Co., Pinghu Chenda Storage Office 145.99 130.09
Ltd. Equipment Co., Ltd.
Pooke Technology Co., Ltd..................... Pooke Technology Co., Ltd....... 145.99 130.09
Shanghai All-Fast International Trade Co., Ltd Kunshan Trusteel Industry Co. 145.99 130.09
Ltd.
[[Page 53458]]
Shanghai All-Fast International Trade Co., Ltd Shanghai All-Hop Industry Co., 145.99 130.09
Ltd.
Shanghai All-Fast International Trade Co., Ltd Shanghai Hom-Steel Industry Co., 145.99 130.09
Ltd.
Shanghai All-Hop Industry Co., Ltd............ Shanghai All-Hop Industry Co., 145.99 130.09
Ltd.
Trantex Product (Zhong Shan) Co., Ltd......... Trantex Product (Zhong Shan) 145.99 130.09
Co., Ltd.
PRC-Wide Entity............................... ................................ 168.93 158.39
----------------------------------------------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, the Department
will direct U.S. Customs and Border Protection (CBP) to suspend
liquidation of subject merchandise as described in the scope of the
investigation section entered, or withdrawn from warehouse, for
consumption on or after the date of publication of this notice in the
Federal Register, as discussed below. Further, pursuant to section
733(d)(1)(B) of the Act and 19 CFR 351.205(d), the Department will
instruct CBP to require a cash deposit equal to the weighted-average
amount by which normal value exceeds U.S. price, as indicated in the
chart above as follows: (1) For the producer/exporter combinations
listed in the table above, the cash deposit rate is equal to the
estimated weighted-average dumping margin listed for that combination
in the table; (2) for all combinations of PRC producers/exporters of
merchandise under consideration that have not established eligibility
for their own separate rates, the cash deposit rate will be equal to
the estimated weighted-average dumping margin established for the PRC-
wide entity; and (3) for all third-country exporters of merchandise
under consideration not listed in the table above, the cash deposit
rate is the cash deposit rate applicable to the PRC producer/exporter
combination (or the PRC-wide entity) that supplied that third-country
exporter.
To determine the cash deposit rate, the Department normally adjusts
the estimated weighted-average dumping margin by the amount of domestic
subsidy pass-through and export subsidies determined in a companion CVD
proceeding when CVD provisional measures are in effect. Accordingly,
where the Department has made a preliminary affirmative determination
for domestic subsidy pass-through or export subsidies, the Department
has offset the calculated estimated weighted-average dumping margin by
the appropriate rate(s). Any such adjusted rates may be found in the
Preliminary Determination Section's chart of estimated weighted-average
dumping margins above.
Should provisional measures in the companion CVD investigation
expire prior to the expiration of provisional measures in this LTFV
investigation, the Department will direct CBP to begin collecting cash
deposits at a rate equal to the estimated weighted-average dumping
margins calculated in this preliminary determination unadjusted for the
passed-through domestic subsidies or for export subsidies at the time
the CVD provisional measures expire.
These suspension of liquidation instructions will remain in effect
until further notice.
Disclosure
The Department intends to disclose to interested parties the
calculations performed in connection with this preliminary
determination within five days of its public announcement or, if there
is no public announcement, within five days of the date of publication
of this notice in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, the Department intends
to verify information relied upon in making its final determination.
Public Comment
Case briefs or other written comments, with the exception of scope
case briefs or scope comments,\11\ may be submitted to the Assistant
Secretary for Enforcement and Compliance no later than seven days after
the date on which the last final verification report is issued in this
investigation, unless the Department alters the time limit. Rebuttal
briefs, limited to issues raised in case briefs, may be submitted no
later than five days after the deadline date for case briefs.\12\
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case
briefs or rebuttal briefs in this investigation are encouraged to
submit with each argument: (1) A statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.
---------------------------------------------------------------------------
\11\ As explained above, the actual deadline for the scope case
briefs was Monday, October 16, 2017.
\12\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made, the
Department intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time
and date to be determined. Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
All documents must be filed electronically using ACCESS. An
electronically-filed request must be received successfully in its
entirety by ACCESS no later than 5:00 p.m. Eastern Time on the
established due date.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioners. Pursuant to 19 CFR 351.210(e)(2), the Department
requires that requests by respondents for postponement of a final
antidumping determination be accompanied by a request for extension of
provisional
[[Page 53459]]
measures from a four-month period to a period not more than six months
in duration.
On October 6, 2017, pursuant to 19 CFR 351.210(e)(2), Geelong and
the Tongrun Single Entity requested that the Department postpone the
final determination and that provisional measures be extended to a
period not to exceed six months.\13\ In accordance with section
735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because (1) the
preliminary determination is affirmative; (2) the requesting exporters
account for a significant proportion of exports of the subject
merchandise; and (3) no compelling reasons for denial exist, the
Department is postponing the final determination and extending the
provisional measures from a four-month period to a period not greater
than six months. Accordingly, the Department's final determination will
be published no later than 135 days after the date of publication of
this preliminary determination.
---------------------------------------------------------------------------
\13\ See Letter from Geelong, ``Antidumping Duty Investigation
of Certain Tool Chests and Cabinets from the People's Republic of
China: Request for Extension of the Final Determination,'' dated
October 6, 2017, and Letter from the Tongrun Single Entity,
``Tongrun's Request to Extend the Final Determination in the
Antidumping Duty Investigation of Certain Tool Chests and Cabinets
from the People's Republic of China, A-570-056,'' dated October 6,
2017.
---------------------------------------------------------------------------
International Trade Commission Notification
In accordance with section 733(f) of the Act, the Department will
notify the International Trade Commission (ITC) of its preliminary
determination of sales at LTFV. If the final determination is
affirmative, the ITC will determine before the later of 120 days after
the date of this preliminary determination or 45 days after the final
determination whether imports of the subject merchandise are materially
injuring, or threaten material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: November 7, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The scope of this investigation covers certain metal tool chests
and tool cabinets, with drawers, (tool chests and cabinets), from
the People's Republic of China (the PRC). The scope covers all metal
tool chests and cabinets, including top chests, intermediate chests,
tool cabinets and side cabinets, storage units, mobile work benches,
and work stations and that have the following physical
characteristics:
(1) A body made of carbon, alloy, or stainless steel and/or
other metals;
(2) two or more drawers for storage in each individual unit;
(3) a width (side to side) exceeding 15 inches for side cabinets
and exceeding 21 inches for all other individual units but not
exceeding 60 inches;
(4) a body depth (front to back) exceeding 10 inches but not
exceeding 24 inches; and
(5) prepackaged for retail sale.
For purposes of this scope, the width parameter applies to each
individual unit, i.e., each individual top chest, intermediate top
chest, tool cabinet, side cabinet, storage unit, mobile work bench,
and work station.
Prepackaged for retail sale means the units may, for example, be
packaged in a cardboard box, other type of container or packaging,
and may bear a Universal Product Code, along with photographs,
pictures, images, features, artwork, and/or product specifications.
Subject tool chests and cabinets are covered whether imported in
assembled or unassembled form. Subject merchandise includes tool
chests and cabinets produced in the PRC but assembled, prepackaged
for retail sale, or subject to other minor processing in a third
country prior to importation into the United States. Similarly, it
would include tool chests and cabinets produced in the PRC that are
later found to be assembled, prepackaged for retail sale, or subject
to other minor processing after importation into the United States.
Subject tool chests and cabinets may also have doors and shelves
in addition to drawers, may have handles (typically mounted on the
sides), and may have a work surface on the top. Subject tool chests
and cabinets may be uncoated (e.g., stainless steel), painted,
powder coated, galvanized, or otherwise coated for corrosion
protection or aesthetic appearance.
Subject tool chests and cabinets may be packaged as individual
units or in sets. When packaged in sets, they typically include a
cabinet with one or more chests that stack on top of the cabinet.
Tool cabinets act as a base tool storage unit and typically have
rollers, casters, or wheels to permit them to be moved more easily
when loaded with tools. Work stations and mobile work benches are
tool cabinets with a work surface on the top that may be made of
rubber, plastic, metal, wood, or other materials.
Top chests are designed to be used with a tool cabinet to form a
tool storage unit. The top chests may be mounted on top of the base
tool cabinet or onto an intermediate chest. They are often packaged
as a set with tool cabinets or intermediate chests, but may also be
packaged separately. They may be packaged with mounting hardware
(e.g., bolts) and instructions for assembling them onto the base
tool cabinet or onto an intermediate tool chest which rests on the
base tool cabinet. Smaller top chests typically have handles on the
sides, while the larger top chests typically lack handles.
Intermediate tool chests are designed to fit on top of the floor
standing tool cabinet and to be used underneath the top tool chest.
Although they may be packaged or used separately from the tool
cabinet, intermediate chests are designed to be used in conjunction
with tool cabinets. The intermediate chests typically do not have
handles. The intermediate and top chests may have the capability of
being bolted together.
Side cabinets are designed to be bolted or otherwise attached to
the side of the base storage cabinet to expand the storage capacity
of the base tool cabinet.
Subject tool chests and cabinets also may be packaged with a
tool set included. Packaging a subject tool chest and cabinet with a
tool set does not remove an otherwise covered subject tool chest and
cabinet from the scope. When this occurs, the tools are not part of
the subject merchandise.
All tool chests and cabinets that meet the above definition are
included in the scope unless otherwise specifically excluded.
Excluded from the scope of the investigation are tool boxes,
chests, and cabinets with bodies made of plastic, carbon fiber,
wood, or other non-metallic substances.
Also excluded from the scope of the investigation are industrial
grade steel tool chests and cabinets. The excluded industrial grade
steel tool chests and cabinets are those:
(1) Having a body that is over 60 inches in width; or
(2) having each of the following physical characteristics:
(a) A body made of steel that is 0.047 inches or more in
thickness;
(b) a body depth (front to back) exceeding 21 inches; and
(c) a unit weight that exceeds the maximum unit weight shown
below for each width range:
[[Page 53460]]
[GRAPHIC] [TIFF OMITTED] TR16NO17.284
Also excluded from the scope of the investigation are service
carts. The excluded service carts have all of the following
characteristics:
(1) Casters, wheels, or other similar devices which allow the
service cart to be rolled from place to place;
(2) a flat top or flat lid on top of the unit that opens;
(3) a space or gap between the casters, wheels, or other similar
devices, and the bottom of the enclosed storage space (e.g.,
drawers) of at least 10 inches; and
(4) a total unit height, including casters, of less than 48
inches.
Also excluded from the scope of the investigation are non-mobile
work benches. The excluded non-mobile work benches have all of the
following characteristics:
(1) A solid top working surface;
(2) no drawers, one drawer, or two drawers in a side-by-side
configuration; and
(3) the unit is supported by legs and has no solid front, side,
or back panels enclosing the body of the unit.
Also excluded from the scope of this investigation are metal
filing cabinets that are configured to hold hanging file folders and
are classified in the Harmonized Tariff Schedule of the United
States (HTSUS) at subheading 9403.10.0020.
Merchandise subject to this investigation is classified under
HTSUS categories 9403.20.0021, 9403.20.0026, 9403.20.0030 and
7326.90.8688, but may also be classified under HTSUS category
7326.90.3500. While HTSUS subheadings are provided for convenience
and Customs purposes, the written description of the scope of this
investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Product Characteristics
VI. Selection of Respondents
VII. Affiliation and Single Entity
VIII. Discussion of the Methodology
A. Non-Market Economy Country
B. Surrogate Country
C. Surrogate Value Comments
D. Separate Rates
E. Dumping Margin for the Separate Rate Companies
F. Combination Rates
G. The PRC-Wide Entity
H. Application of Facts Available and Adverse Inferences
I. Date of Sale
J. Comparisons to Fair Value
K. U.S. Price
L. Normal Value
M. Factor Valuation Methodology
N. Currency Conversion
IX. Adjustment Under Section 777A(F) of the Act
X. Adjustment to Cash Deposit Rate for Export Subsidies
XI. Conclusion
[FR Doc. 2017-24861 Filed 11-15-17; 8:45 am]
BILLING CODE 3510-DS-P
