Certain Tool Chests and Cabinets From the People's Republic of China: Countervailing Duty Order, 3299-3301 [2018-01351]
Download as PDF
<![CDATA[
Federal Register / Vol. 83, No. 16 / Wednesday, January 24, 2018 / Notices
provided for convenience and customs
purposes, the written description of the
scope of this proceeding is dispositive.
description of the scope of the order, see
Appendix to this notice.
[FR Doc. 2018–01254 Filed 1–23–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–057]
Certain Tool Chests and Cabinets
From the People’s Republic of China:
Countervailing Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (Commerce) and the
International Trade Commission (ITC),
Commerce is issuing the countervailing
duty order on certain tool chests and
cabinets (tool chests) from the People’s
Republic of China (China).
DATES: Applicable January 24, 2018.
FOR FURTHER INFORMATION CONTACT:
Hermes Pinilla or Thomas Schauer, 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) 482–3477 or (202) 482–0410,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
In accordance with section 705(d) of
the Tariff Act of 1930, as amended (the
Act), on November 29, 2017, Commerce
published its affirmative final
determination that countervailable
subsidies are being provided to
producers and exporters of tool chests
from China.1
On January 16, 2018, the ITC notified
Commerce of its affirmative
determination that an industry in the
United States is materially injured
within the meaning of section
705(b)(1)(A)(i) of the Act, by reason of
subsidized imports of subject
merchandise from China.2
Scope of the Order
daltland on DSKBBV9HB2PROD with NOTICES
20:25 Jan 23, 2018
Jkt 244001
ITC Letter.
Certain Tool Chests and Cabinets from the
People’s Republic of China: Preliminary Affirmative
Countervailing Duty Determination, 82 FR 43331
(September 15, 2017) (Preliminary Determination)
and accompanying Preliminary Decision
Memorandum.
5 As indicated in the Final Determination, Jiangsu
Tongrun Equipment Technology Co., Ltd.’s crossowned affiliates include the following entities:
Changshu Jack Factory, Changshu Tongrun Taron
Import and Export Co., Ltd., (also known as
4 See
Certain Tool Chests and Cabinets from the
People’s Republic of China: Final Affirmative
Countervailing Duty Determination, 82 FR 56582
(November 29, 2017) (Final Determination) and
accompanying Issues and Decision Memorandum.
2 See ITC Letter concerning imports of tool chests
and cabinets from China, dated January 16, 2018
(ITC Letter).
VerDate Sep<11>2014
Suspension of Liquidation
In accordance with section 706 of the
Act, Commerce will instruct CBP to
reinstitute the suspension of liquidation
of tool chests from China. We will also
instruct CBP to require, pursuant to
section 706(a)(1) of the Act,
countervailing duties for each entry of
the subject merchandise in an amount
based on the net countervailable
subsidy rates for the subject
merchandise. These instructions
suspending liquidation will remain in
effect until further notice. The all-others
rate applies to all producers and
exporters of subject merchandise not
listed in the following table.
3 See
The scope of this order covers tool
chests from China. For a complete
1 See
Countervailing Duty Order
On January 16, 2018, in accordance
with sections 705(b)(1)(A)(i) and 705(d)
of the Act, the ITC notified Commerce
of its final determination in this
investigation, in which it found that an
industry in the United States is
materially injured by reason of imports
of tool chests from China.3 Therefore, in
accordance with section 705(c)(2) of the
Act, Commerce is issuing this
countervailing duty order. Because the
ITC determined that imports of tool
chests from China are materially
injuring a U.S. industry, unliquidated
entries of such merchandise from China,
entered or withdrawn from warehouse
for consumption, are subject to the
assessment of countervailing duties.
Therefore, in accordance with section
706(a) of the Act, Commerce will direct
U.S. Customs and Border Protection
(CBP) to assess, upon further instruction
by Commerce, countervailing duties for
all relevant entries of tool chests from
China. Countervailing duties will be
assessed on unliquidated entries of tool
chests from China entered, or
withdrawn from warehouse, for
consumption on or after September 15,
2017, the date of publication of 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.
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
Company
Jiangsu Tongrun Equipment
Technology Co., Ltd 5 .......
Zhongshan Geelong Manufacturing Co., Ltd ..............
Allround Hardware Co., Ltd ..
Beijing Kang Jie Kong International Cargo Agent Co.,
Ltd .....................................
Changshu Zhongcheng Tool
Box Co., Ltd ......................
Changzhou City Hongfei
Metalwork Corporation ......
Changzhou Machan Steel
Furniture Co., Ltd ..............
China National Electronics
Import and Export Ningbo
Co ......................................
Foshan Lishida Metal Products Co., Ltd ......................
Gem-Year Industrial Co., Ltd
Guangdong Hisense Home
Appliances Co., Ltd ...........
Guerjie Enterprise Co., Ltd ...
Haiyan Dingfeng Fasteners
Ltd .....................................
Hangzhou Xiaoshan Import
and Export Trading Co.,
Ltd .....................................
Hyxion Metal Industry ...........
Jiaxing Pinyou Import & Export Co., Ltd ......................
Jin Rong Hua Le Metal Manufactures Co., Ltd .............
Jinhua JG Tools Manufacturing Co ...........................
Jinhua Yahu Tools Co., Ltd ..
Keesung Manufacturing Co.,
Ltd .....................................
Kingstar Tools Co., Ltd .........
Liyang Flying Industry Co.,
Ltd .....................................
Meridian International Co.,
Ltd .....................................
Ningbo Better Design Industry Co., Ltd ........................
Ningbo Hualei Tool Co., Ltd
Ningbo Jiufeng Electronic
Tools .................................
Ningbo Safewell International
Holding Corp .....................
Ningbo Xiunan International
Co., Ltd .............................
Pinghu Chenda Storage Office Equipment Co., Ltd ....
Pooke Technology Co., Ltd ..
Shanghai All-Fast International Trade Co., Ltd .....
Shanghai All-Hop Industry
Co., Ltd .............................
Shanghai Delta International
Trading ..............................
Shanghai Fairlong International Trading Co., Ltd ..
Shanghai ITPC Hardware
Co., Ltd .............................
Shanghai Legsteel Metal
Products Co., Ltd ..............
3299
Subsidy rate
(percent)
15.09
14.03
95.96
95.96
14.39
95.96
14.39
95.96
95.96
95.96
14.39
95.96
95.96
95.96
14.39
95.96
14.39
14.39
14.39
14.39
95.96
95.96
14.39
95.96
95.96
95.96
14.39
95.96
14.39
14.39
14.39
14.39
95.96
95.96
14.39
95.96
Changshu Tongrun Equipment Co., Ltd.), Changshu
Tongrun Mechanical & Electrical Equipment
Manufacture Co., Ltd., Changshu Taron Machinery
Equipment Manufacturing Co., Ltd., and Changshu
General Electrical Factory Co., Ltd.
E:\FR\FM\24JAN1.SGM
24JAN1
3300
Federal Register / Vol. 83, No. 16 / Wednesday, January 24, 2018 / Notices
Company
Subsidy rate
(percent)
Shanghai Tung Hsing Technology Inc ..........................
Shining Golden Yida Welding
& Cutting Machinery Manufacture Ltd .......................
Suzhou Aomeijia Metallic
Products Co., Ltd ..............
Suzhou Goldenline Machinery Co., Ltd .......................
Suzhou Xindadi Hardware
Co., Ltd .............................
Taixing Hutchin Mfg. Co., Ltd
Tong Ming Enterprise
(Jiaxing) Co., Ltd ...............
Trantex Product (Zhong
Shan) Co., Ltd ...................
Wuyi Yunlin Steel Products
Co., Ltd .............................
Yangzhou Huayu Pipe Fitting
Co., Ltd .............................
Yangzhou Triple Harvest
Power Tools Limited .........
Zhangjiagang Houfeng Machinery Co., Ltd .................
Zhejiang KC Mechanical &
Electrical ............................
Zhejiang Zhenglian Corp ......
Zhuhai Shichang Metals Ltd
All-Others ..............................
95.96
95.96
95.96
95.96
14.39
14.39
95.96
95.96
95.96
14.39
95.96
95.96
95.96
95.96
14.39
daltland on DSKBBV9HB2PROD with NOTICES
Section 703(d) of the Act states that
instructions issued pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months. In the underlying
investigation, Commerce published the
Preliminary Determination on
September 15, 2017. As such, the fourmonth period beginning on the date of
the publication of the Preliminary
Determination ended on January 12,
2018. Furthermore, section 707(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
703(d) of the Act and our practice, we
instructed CBP to terminate the
suspension of liquidation and to
liquidate, without regard to
countervailing duties, unliquidated
entries of tool chests from China
entered, or withdrawn from warehouse,
for consumption, after January 12, 2018,
the date the provisional measures
expired, until and through the day
preceding the date of publication of the
ITC’s final injury determination in the
Federal Register. Suspension of
liquidation will resume on the date of
publication of the ITC’s final
determination in the Federal Register.
Notifications to Interested Parties
This notice constitutes the
countervailing duty order with respect
to tool chests from China pursuant to
20:25 Jan 23, 2018
Dated: January 19, 2018.
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
14.39
Provisional Measures
VerDate Sep<11>2014
section 706(a) of the Act. Interested
parties can find a list of countervailing
duty orders currently in effect at https://
enforcement.trade.gov/stats/
iastats1.html.
This order is issued and published in
accordance with section 706(a) of the
Act and 19 CFR 351.211(b).
Jkt 244001
Scope of the Order
The scope of this order covers certain
metal tool chests and tool cabinets, with
drawers, (tool chests and cabinets), from the
People’s Republic of China (the PRC) and the
Socialist Republic of Vietnam (Vietnam). 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 or Vietnam 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 or Vietnam
that are 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
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
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 order 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 order
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:
Inches
Maximum
pounds
Weight to width ratio tool chests
21 > ≤ 25 ..............................
25 > ≤ 28 ..............................
28 > ≤ 30 ..............................
E:\FR\FM\24JAN1.SGM
24JAN1
90
115
120
Federal Register / Vol. 83, No. 16 / Wednesday, January 24, 2018 / Notices
Inches
30
32
34
36
38
40
42
44
46
48
50
52
54
56
58
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
≤
≤
≤
≤
≤
≤
≤
≤
≤
≤
≤
≤
≤
≤
≤
32
34
36
38
40
42
44
46
48
50
52
54
56
58
60
Maximum
pounds
..............................
..............................
..............................
..............................
..............................
..............................
..............................
..............................
..............................
..............................
..............................
..............................
..............................
..............................
..............................
130
140
150
160
170
180
190
200
210
220
230
240
250
260
270
convenience and Customs purposes, the
written description of the scope of this order
is dispositive.
[FR Doc. 2018–01351 Filed 1–23–18; 8:45 a.m.]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Proposed Information Collection;
Comment Request; Generic Request
for Customer Service-Related Data
Collections.
National Institute of Standards
and Technology (NIST), Commerce.
21 > ≤ 25 ..............................
155 ACTION: Notice.
25 > ≤ 28 ..............................
170 SUMMARY: The Department of
28 > ≤ 30 ..............................
185
Commerce, as part of its continuing
30 > ≤ 32 ..............................
200
32 > ≤ 34 ..............................
215 effort to reduce paperwork and
34 > ≤ 36 ..............................
230 respondent burden, invites the general
36 > ≤ 38 ..............................
245 public and other Federal agencies to
38 > ≤ 40 ..............................
260 take this opportunity to comment on
40 > ≤ 42 ..............................
280 proposed and/or continuing information
42 > ≤ 44 ..............................
290 collections, as required by the
44 > ≤ 46 ..............................
300 Paperwork Reduction Act of 1995.
46 > ≤ 48 ..............................
310
48 > ≤ 50 ..............................
320 DATES: Written comments must be
50 > ≤ 52 ..............................
330 submitted on or before March 26, 2018.
52 > ≤ 54 ..............................
340 ADDRESSES: Direct all written comments
54 > ≤ 56 ..............................
350 to Jennifer Jessup, Departmental
56 > ≤ 58 ..............................
360 Paperwork Clearance Officer,
58 > ≤ 60 ..............................
370 Department of Commerce, Room 6616,
14th and Constitution Avenue NW,
Also excluded from the scope of the order
Washington, DC 20230 (or via the
are service carts. The excluded service carts
internet at PRAcomments@doc.gov).
have all of the following characteristics:
(1) Casters, wheels, or other similar devices FOR FURTHER INFORMATION CONTACT:
which allow the service cart to be rolled from Requests for additional information or
place to place;
copies of the information collection
(2) an open top for storage, a flat top or flat
instrument and instructions should be
lid on top of the unit that opens;
directed to Darla Yonder, Management
(3) a space or gap between the casters,
Analyst, NIST, 100 Bureau Drive, MS
wheels, or other similar devices, and the
1710, Gaithersburg, MD 20899, 301–
bottom of the enclosed storage space (e.g.,
975–4064, or via email to Darla.yonder@
drawers) of at least 10 inches; and
nist.gov.
(4) a total unit height, including casters, of
less than 48 inches.
SUPPLEMENTARY INFORMATION:
AGENCY:
daltland on DSKBBV9HB2PROD with NOTICES
Weight to width ratio tool cabinets
Also excluded from the scope of the order
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 the order
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 the order 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
VerDate Sep<11>2014
20:25 Jan 23, 2018
Jkt 244001
I. Abstract
In accordance with Executive Order
12862, the National Institute of
Standards and Technology (NIST), a
non-regulatory agency of the
Department of Commerce, proposes to
conduct a number of individual
information collections that are both
quantitative and qualitative. The
information collections will be designed
to determine the type and quality of the
products, services, and information our
key customers want and expect, as well
as their satisfaction with and awareness
of existing products, services, and
information. In addition, NIST proposes
other customer service satisfaction data
collections that include, but may not be
limited to focus groups, reply cards that
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
3301
accompany product distributions, and
Web-based surveys and dialog boxes
that offer customers the opportunity to
express their level of satisfaction with
NIST products, services, and
information and for ongoing dialogue
with NIST. NIST will limit its inquiries
to data collections that solicit voluntary
options and will not collect information
that is required or regulated. No
assurances of confidentiality will be
given. However, it will be completely
optional for survey participants to
provide their name or affiliation
information if they wish to provide
comments for which they elect to
receive a response.
II. Method of Collection
NIST will collect this information by
electronic means, as well as by mail,
fax, telephone, and person-to-person
interactions.
III. Data
OMB Control Number: 0693–0031.
Form Number(s): None.
Type of Review: Revision of a current
information collection.
Affected Public: Business or other forprofit organizations, individuals, notfor-profit institution.
Estimated Number of Respondents:
120,000.
Less than 2 minutes for a response
card, 2 hours for focus group
participation. The average estimated
response time for the completion of a
collection instrument is expected to be
less than 30 minutes per response(s).
Estimated Total Annual Burden
Hours: 15,000.
Estimated Total Annual Cost to
Public: None.
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
E:\FR\FM\24JAN1.SGM
24JAN1
]]>Agencies
[Federal Register Volume 83, Number 16 (Wednesday, January 24, 2018)]
[Notices]
[Pages 3299-3301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01351]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-057]
Certain Tool Chests and Cabinets From the People's Republic of
China: Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC),
Commerce is issuing the countervailing duty order on certain tool
chests and cabinets (tool chests) from the People's Republic of China
(China).
DATES: Applicable January 24, 2018.
FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Thomas Schauer, 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) 482-3477 or (202) 482-
0410, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with section 705(d) of the Tariff Act of 1930, as
amended (the Act), on November 29, 2017, Commerce published its
affirmative final determination that countervailable subsidies are
being provided to producers and exporters of tool chests from China.\1\
---------------------------------------------------------------------------
\1\ See Certain Tool Chests and Cabinets from the People's
Republic of China: Final Affirmative Countervailing Duty
Determination, 82 FR 56582 (November 29, 2017) (Final Determination)
and accompanying Issues and Decision Memorandum.
---------------------------------------------------------------------------
On January 16, 2018, the ITC notified Commerce of its affirmative
determination that an industry in the United States is materially
injured within the meaning of section 705(b)(1)(A)(i) of the Act, by
reason of subsidized imports of subject merchandise from China.\2\
---------------------------------------------------------------------------
\2\ See ITC Letter concerning imports of tool chests and
cabinets from China, dated January 16, 2018 (ITC Letter).
---------------------------------------------------------------------------
Scope of the Order
The scope of this order covers tool chests from China. For a
complete description of the scope of the order, see Appendix to this
notice.
Countervailing Duty Order
On January 16, 2018, in accordance with sections 705(b)(1)(A)(i)
and 705(d) of the Act, the ITC notified Commerce of its final
determination in this investigation, in which it found that an industry
in the United States is materially injured by reason of imports of tool
chests from China.\3\ Therefore, in accordance with section 705(c)(2)
of the Act, Commerce is issuing this countervailing duty order. Because
the ITC determined that imports of tool chests from China are
materially injuring a U.S. industry, unliquidated entries of such
merchandise from China, entered or withdrawn from warehouse for
consumption, are subject to the assessment of countervailing duties.
---------------------------------------------------------------------------
\3\ See ITC Letter.
---------------------------------------------------------------------------
Therefore, in accordance with section 706(a) of the Act, Commerce
will direct U.S. Customs and Border Protection (CBP) to assess, upon
further instruction by Commerce, countervailing duties for all relevant
entries of tool chests from China. Countervailing duties will be
assessed on unliquidated entries of tool chests from China entered, or
withdrawn from warehouse, for consumption on or after September 15,
2017, the date of publication of 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 Certain Tool Chests and Cabinets from the People's
Republic of China: Preliminary Affirmative Countervailing Duty
Determination, 82 FR 43331 (September 15, 2017) (Preliminary
Determination) and accompanying Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 706 of the Act, Commerce will instruct
CBP to reinstitute the suspension of liquidation of tool chests from
China. We will also instruct CBP to require, pursuant to section
706(a)(1) of the Act, countervailing duties for each entry of the
subject merchandise in an amount based on the net countervailable
subsidy rates for the subject merchandise. These instructions
suspending liquidation will remain in effect until further notice. The
all-others rate applies to all producers and exporters of subject
merchandise not listed in the following table.
---------------------------------------------------------------------------
\5\ As indicated in the Final Determination, Jiangsu Tongrun
Equipment Technology Co., Ltd.'s cross-owned affiliates include the
following entities: Changshu Jack Factory, Changshu Tongrun Taron
Import and Export Co., Ltd., (also known as Changshu Tongrun
Equipment Co., Ltd.), Changshu Tongrun Mechanical & Electrical
Equipment Manufacture Co., Ltd., Changshu Taron Machinery Equipment
Manufacturing Co., Ltd., and Changshu General Electrical Factory
Co., Ltd.
------------------------------------------------------------------------
Subsidy rate
Company (percent)
------------------------------------------------------------------------
Jiangsu Tongrun Equipment Technology Co., Ltd \5\....... 15.09
Zhongshan Geelong Manufacturing Co., Ltd................ 14.03
Allround Hardware Co., Ltd.............................. 95.96
Beijing Kang Jie Kong International Cargo Agent Co., Ltd 95.96
Changshu Zhongcheng Tool Box Co., Ltd................... 14.39
Changzhou City Hongfei Metalwork Corporation............ 95.96
Changzhou Machan Steel Furniture Co., Ltd............... 14.39
China National Electronics Import and Export Ningbo Co.. 95.96
Foshan Lishida Metal Products Co., Ltd.................. 95.96
Gem-Year Industrial Co., Ltd............................ 95.96
Guangdong Hisense Home Appliances Co., Ltd.............. 14.39
Guerjie Enterprise Co., Ltd............................. 95.96
Haiyan Dingfeng Fasteners Ltd........................... 95.96
Hangzhou Xiaoshan Import and Export Trading Co., Ltd.... 95.96
Hyxion Metal Industry................................... 14.39
Jiaxing Pinyou Import & Export Co., Ltd................. 95.96
Jin Rong Hua Le Metal Manufactures Co., Ltd............. 14.39
Jinhua JG Tools Manufacturing Co........................ 14.39
Jinhua Yahu Tools Co., Ltd.............................. 14.39
Keesung Manufacturing Co., Ltd.......................... 14.39
Kingstar Tools Co., Ltd................................. 95.96
Liyang Flying Industry Co., Ltd......................... 95.96
Meridian International Co., Ltd......................... 14.39
Ningbo Better Design Industry Co., Ltd.................. 95.96
Ningbo Hualei Tool Co., Ltd............................. 95.96
Ningbo Jiufeng Electronic Tools......................... 95.96
Ningbo Safewell International Holding Corp.............. 14.39
Ningbo Xiunan International Co., Ltd.................... 95.96
Pinghu Chenda Storage Office Equipment Co., Ltd......... 14.39
Pooke Technology Co., Ltd............................... 14.39
Shanghai All[hyphen]Fast International Trade Co., Ltd... 14.39
Shanghai All[hyphen]Hop Industry Co., Ltd............... 14.39
Shanghai Delta International Trading.................... 95.96
Shanghai Fairlong International Trading Co., Ltd........ 95.96
Shanghai ITPC Hardware Co., Ltd......................... 14.39
Shanghai Legsteel Metal Products Co., Ltd............... 95.96
[[Page 3300]]
Shanghai Tung Hsing Technology Inc...................... 95.96
Shining Golden Yida Welding & Cutting Machinery 95.96
Manufacture Ltd........................................
Suzhou Aomeijia Metallic Products Co., Ltd.............. 95.96
Suzhou Goldenline Machinery Co., Ltd.................... 95.96
Suzhou Xindadi Hardware Co., Ltd........................ 14.39
Taixing Hutchin Mfg. Co., Ltd........................... 14.39
Tong Ming Enterprise (Jiaxing) Co., Ltd................. 95.96
Trantex Product (Zhong Shan) Co., Ltd................... 14.39
Wuyi Yunlin Steel Products Co., Ltd..................... 95.96
Yangzhou Huayu Pipe Fitting Co., Ltd.................... 95.96
Yangzhou Triple Harvest Power Tools Limited............. 14.39
Zhangjiagang Houfeng Machinery Co., Ltd................. 95.96
Zhejiang KC Mechanical & Electrical..................... 95.96
Zhejiang Zhenglian Corp................................. 95.96
Zhuhai Shichang Metals Ltd.............................. 95.96
All-Others.............................................. 14.39
------------------------------------------------------------------------
Provisional Measures
Section 703(d) of the Act states that instructions issued pursuant
to an affirmative preliminary determination may not remain in effect
for more than four months. In the underlying investigation, Commerce
published the Preliminary Determination on September 15, 2017. As such,
the four-month period beginning on the date of the publication of the
Preliminary Determination ended on January 12, 2018. Furthermore,
section 707(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 703(d) of the Act and our
practice, we instructed CBP to terminate the suspension of liquidation
and to liquidate, without regard to countervailing duties, unliquidated
entries of tool chests from China entered, or withdrawn from warehouse,
for consumption, after January 12, 2018, the date the provisional
measures expired, until and through the day preceding the date of
publication of the ITC's final injury determination in the Federal
Register. Suspension of liquidation will resume on the date of
publication of the ITC's final determination in the Federal Register.
Notifications to Interested Parties
This notice constitutes the countervailing duty order with respect
to tool chests from China pursuant to section 706(a) of the Act.
Interested parties can find a list of countervailing duty orders
currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
This order is issued and published in accordance with section
706(a) of the Act and 19 CFR 351.211(b).
Dated: January 19, 2018.
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
Scope of the Order
The scope of this order covers certain metal tool chests and
tool cabinets, with drawers, (tool chests and cabinets), from the
People's Republic of China (the PRC) and the Socialist Republic of
Vietnam (Vietnam). 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 or Vietnam 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 or Vietnam that are 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 order 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 order 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:
------------------------------------------------------------------------
Inches Maximum pounds
------------------------------------------------------------------------
Weight to width ratio tool chests
------------------------------------------------------------------------
21 > <= 25.............................................. 90
25 > <= 28.............................................. 115
28 > <= 30.............................................. 120
[[Page 3301]]
30 > <= 32.............................................. 130
32 > <= 34.............................................. 140
34 > <= 36.............................................. 150
36 > <= 38.............................................. 160
38 > <= 40.............................................. 170
40 > <= 42.............................................. 180
42 > <= 44.............................................. 190
44 > <= 46.............................................. 200
46 > <= 48.............................................. 210
48 > <= 50.............................................. 220
50 > <= 52.............................................. 230
52 > <= 54.............................................. 240
54 > <= 56.............................................. 250
56 > <= 58.............................................. 260
58 > <= 60.............................................. 270
------------------------------------------------------------------------
Weight to width ratio tool cabinets
------------------------------------------------------------------------
21 > <= 25.............................................. 155
25 > <= 28.............................................. 170
28 > <= 30.............................................. 185
30 > <= 32.............................................. 200
32 > <= 34.............................................. 215
34 > <= 36.............................................. 230
36 > <= 38.............................................. 245
38 > <= 40.............................................. 260
40 > <= 42.............................................. 280
42 > <= 44.............................................. 290
44 > <= 46.............................................. 300
46 > <= 48.............................................. 310
48 > <= 50.............................................. 320
50 > <= 52.............................................. 330
52 > <= 54.............................................. 340
54 > <= 56.............................................. 350
56 > <= 58.............................................. 360
58 > <= 60.............................................. 370
------------------------------------------------------------------------
Also excluded from the scope of the order 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) an open top for storage, 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 order 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 the order 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 the order 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
order is dispositive.
[FR Doc. 2018-01351 Filed 1-23-18; 8:45 a.m.]
BILLING CODE 3510-DS-P
