Certain Tool Chests and Cabinets From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, 15365-15368 [2018-07315]
Download as PDF
<![CDATA[
Federal Register / Vol. 83, No. 69 / Tuesday, April 10, 2018 / Notices
Producer/exporter
Subsidy rates
(percent)
JA Solar Technology
Yangzhou Co., Ltd.13 ........
Changzhou Trina Solar Energy Co., Ltd. ....................
Wuxi Suntech Power Co.,
Ltd. ....................................
24.66
24.66
24.66
In the eventthat the CIT’s rulings are
not appealed or, if appealed, are upheld
by a final and conclusive court decision,
Commerce will instruct Customs and
Border Protection (CBP) to assess
antidumping duties on unliquidated
entries of subject merchandise based on
the revised countervailing duty rates
listed above.
Cash Deposit Requirements
Notification to Interested Parties
daltland on DSKBBV9HB2PROD with NOTICES
This notice is issued and published in
accordance with section 516A(e)(1),
751(a)(1), and 777(i)(1) of the Act.
13 Commerce found JA Solar Technology
Yangzhou Co., Ltd. to be cross owned with the
following companies: JingAo Solar Co., Ltd.; JA
Solar Technology Yangzhou Co., Ltd.; Jing Hai Yang
Semiconductor Material (Donghai) Co., Ltd.;
Donghai JA Solar Technology Co., Ltd.; JA (Hefei)
Renewable Energy Co., Ltd.; Hefei JA Solar
Technology Co., Ltd.; Solar Silicon Valley
Electronic Science and Technology Co., Ltd.; Hebei
Ningjin Songgong Semiconductor Co., Ltd.;
Shanghai JA Solar Technology Co., Ltd.; Ningjin
Songgong Electronic Materials Co., Ltd.; JingLong
Industry and Commerce Group Co., Ltd.; Ningjin
Guiguang Electronic .Investment Co., Ltd.;
Yangguang Guifeng Electronic Technology Co., Ltd.;
Ninjing Jingxing Electronic Materials Co., Ltd.;
Ningjin Saimei Ganglong Electronic Materials Co.,
Ltd.; Jingwei Electronic Material Co., Ltd.; Ningjin
Changlong Electronic Materials Manufacturing Co.;
Ningjin Jingfeng Electronic Materials Co., Ltd.;
Ningjin County Jingyuan New Energy Investment
Co., Ltd.; Xingtai Jinglong Electronic Materials Co.,
Ltd.; Hebei Yujing Electronic Science and
Technology Co., Ltd.; Hebei Ningtong Electronic
Materials Co., Ltd.; and Ningjing Sunshine New
Energy Co., Ltd. See Final Results.
14 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled into Modules, from the
People’s Republic of China: Final Results of
Countervailing Duty Administrative Review, and
Partial Rescission of Countervailing Duty
Administrative Review; 2014, 82 FR 32678, 32680
(July 17, 2017).
16:56 Apr 09, 2018
[FR Doc. 2018–07317 Filed 4–9–18; 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:
Final Affirmative Determination of
Sales at Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that imports of
certain tool chests and cabinets (tool
chests) from the People’s Republic of
China (China) are being, or are likely to
be, sold in the United States at less than
fair value (LTFV). The final dumping
margins of sales at LTFV are listed in
the ‘‘Final Determination’’ section of
this notice.
DATES: Applicable April 10, 2018.
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:
Since the Final Results, Commerce
has established a new cash deposit rate
for Trina Solar and Wuxi Suntech.14
Therefore, this amended final
determination does not change the laterestablished cash deposit rates for Trina
Solar and Wuxi Suntech. JA Solar does
not have a superseding cash deposit rate
and, therefore, Commerce will issue
revised cash deposit instructions to
CBP, adjusting the cash deposit rate for
JA solar to 24.66 percent, effective April
6, 2018.
VerDate Sep<11>2014
Dated: April 4, 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.
Jkt 244001
15365
Period of Investigation
The period of investigation is October
1, 2016, through March 31, 2017.
Scope of the Investigation
The products covered by this
investigation are tool chests from China.
For a full description of the scope of this
investigation, see the ‘‘Scope of the
Investigation’’ in Appendix I of this
notice.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs that were submitted by
parties in this investigation are
addressed in the Issues and Decision
Memorandum. A list of issues raised is
attached to this notice at Appendix II.
The Issues and Decision Memorandum
is a public document and is made
available to the public 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 Commerce’s Central Records
Unit, room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly on the internet at
https://enforcement.trade.gov/frn/.
Verification
As provided in section 782(i) of the
Tariff Act of 1930, as amended (the Act),
we verified the U.S. sales and factors of
production information submitted by
the Tongrun Single Entity 3 in December
2017 and January 2018.4 We used
standard verification procedures,
including an examination of relevant
accounting and production records, and
original source documents provided by
Background
Commerce published the Preliminary the Tongrun Single Entity. Because
Determination in the LTFV investigation Geelong Sales (Macao Commercial
Offshore) Limited (Geelong), the other
of tool chests from China on November
16, 2017.1 For a complete description of mandatory respondent in this
the events that followed the Preliminary investigation, informed Commerce that
it would not participate in the
Determination, see the Issues and
Decision Memorandum dated
3 The Tongrun Single Entity is comprised of
concurrently with, and hereby adopted
Jiangsu Tongrun Equipment Technology Co., Ltd.,
2
by, this notice.
Changshu Taron Machinery Equipment
1 See
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, 82 FR 53456
(November 16, 2017) (Preliminary Determination)
and accompanying Preliminary Decision
Memorandum.
2 See the Memorandum, ‘‘Certain Tool Chests and
Cabinets from the People’s Republic of China:
Issues and Decision Memorandum for the Final
Affirmative Determination of Sales at Less Than
Fair Value,’’ dated concurrently with and hereby
adopted by this notice (Issues and Decision
Memorandum).
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
Manufacturing Co., Ltd., Changshu Tongrun
Mechanical & Electrical Equipment Manufacture
Co., Ltd., and Shanghai Tongrun Import and Export
Co., Ltd. See Preliminary Results, 82 FR at 53457,
n.10, and accompanying Preliminary Decision
Memorandum at 5–7.
4 See the Reports, ‘‘Less-Than-Fair-Value
Investigation of Certain Tool Chests and Cabinets
from the People’s Republic of China: Verification of
the Export Price Sales and Factors of Production
Response of the Tongrun Single Entity,’’ and ‘‘LessThan-Fair-Value Investigation of Certain Tool
Chests and Cabinets from the People’s Republic of
China: Verification of the Constructed Export Price
Sales Response of the Tongrun Single Entity,’’ dated
January 18, 2018.
E:\FR\FM\10APN1.SGM
10APN1
15366
Federal Register / Vol. 83, No. 69 / Tuesday, April 10, 2018 / Notices
verification, Commerce did not conduct
a verification of Geelong’s responses.
China-Wide Entity and Use of Adverse
Facts Available
Geelong has prevented Commerce
from conducting verification of its
questionnaire responses, including its
claim that it is a wholly foreign-owned
company. Therefore, we find that
Geelong has failed to demonstrate its
eligibility for a separate rate and is
considered part of the China-wide
entity. We continue to find that the use
of facts available is warranted in
determining the rate of the China-wide
entity pursuant to section 776(a)(1) and
(a)(2)(A)–(C) of the Act.5 Further, use of
facts available is also warranted
pursuant to sections 776(a)(2)(C)–(D) of
the Act because, by refusing to allow us
to conduct verifications, Geelong, which
is part of the China-wide entity,
significantly impeded the proceeding, as
Geelong’s questionnaire responses and
data could not be verified.
Further, we found that the Chinawide entity, which includes Geelong
and other uncooperative respondents,
did not cooperate to the best of its
ability to comply with our requests for
information and, accordingly, we
determined it appropriate to apply
adverse inferences in selecting from the
facts available, pursuant to section
776(b) of the Act and 19 CFR 351.308(a).
Changes From the Preliminary
Determination
Based on our analysis of the
comments received and our findings at
verification, we made certain changes to
our dumping margin calculation for the
Tongrun Single Entity.6 We also found
that Geelong is part of the China-wide
entity and, consistent with our
Preliminary Determination, determined
to base the China-wide entity’s dumping
margin on total adverse facts available.
We relied on the highest controlnumber-specific dumping margin
calculated for Geelong in the
Preliminary Determination to determine
the rate for the China-wide entity of
244.29 percent.7
Combination Rates
Consistent with Preliminary
Determination 8 and Policy Bulletin
05.1,9 Commerce calculated
combination rates for the respondents
that are eligible for a separate rate in
this investigation.
Final Determination
Commerce determines that the
following weighted-average dumping
margins exist:
Estimated
weighted-average dumping
margin
(percent)
Exporter
Producer
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 ............
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 .......................
China-Wide Entity .........................................................
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 ..............................
Shanghai All-Hop Industry Co., Ltd ..............................
Shanghai Hom-Steel Industry Co., Ltd ........................
Shanghai All-Hop Industry Co., Ltd ..............................
Trantex Product (Zhong Shan) Co., Ltd .......................
.......................................................................................
97.11
97.11
97.11
97.11
97.11
97.11
97.11
97.11
97.11
97.11
97.11
97.11
97.11
97.11
244.29
93.94
93.94
93.94
93.94
93.94
93.94
93.94
93.94
93.94
93.94
93.94
93.94
93.94
93.94
241.12
In accordance with sections
735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border
Protection (CBP) to continue to suspend
liquidation of all entries of tool chests
from China, as described in Appendix I
of this notice, which were entered, or
withdrawn from warehouse, for
consumption on or after November 16,
2017, the date of publication of the
Preliminary Determination of this
investigation in the Federal Register.
Pursuant to 19 CFR 351.210(d), upon
the publication of this notice,
Commerce will instruct CBP to require
a cash deposit 10 equal to the weightedaverage amount by which the normal
value exceeds U.S. price as follows: (1)
The cash deposit rate for the exporter/
producer combinations listed in the
table above will be the rate identified in
the table; (2) for all combinations of
Chinese exporters/producers of
merchandise under consideration that
have not received their own separate
rate above, the cash-deposit rate will be
the cash deposit rate established for the
China-wide entity; and (3) for all nonChinese exporters of merchandise under
consideration which have not received
their own separate rate above, the cashdeposit rate will be the cash deposit rate
applicable to the Chinese exporter/
producer combination that supplied that
non-Chinese exporter. These suspension
of liquidation instructions will remain
in effect until further notice.
5 See Preliminary Determination and
accompanying Preliminary Decision Memorandum
at 18–21.
6 See Issues and Decision Memorandum for a
discussion of these changes.
7 Id. at Comment 1 for a full discussion of this
issue.
8 See Preliminary Determinations, 82 FR at
53457–58.
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,’’ dated April 5, 2005 (Policy
Bulletin 05.1), available on Commerce’s website at
https://enforcement.trade.gov/policy/bull05-1.pdf.
10 See Modification of Regulations Regarding the
Practice of Accepting Bonds During the Provisional
Measures Period in Antidumping and
Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
Disclosure
We intend to disclose the calculations
performed to parties in this proceeding
within five days after public
announcement of the final
determination in accordance with 19
CFR 351.224(b).
Continuation of Suspension of
Liquidation
daltland on DSKBBV9HB2PROD with NOTICES
adjusted cash
deposit rate
(percent)
VerDate Sep<11>2014
16:56 Apr 09, 2018
Jkt 244001
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
E:\FR\FM\10APN1.SGM
10APN1
Federal Register / Vol. 83, No. 69 / Tuesday, April 10, 2018 / Notices
Commerce published the
countervailing duty order in the
concurrent countervailing duty
investigation of tool chests from
China.11 Therefore, we have adjusted
the cash deposit rates by deducting
applicable estimated domestic subsidy
pass-through rates from the final
margins. For the Tongrun Single Entity,
the non-selected respondents eligible for
a separate rate, and the China-wide
entity, the applicable estimated
domestic subsidy pass-through
constitutes 3.17 percent.12 In the final
determination of the concurrent
countervailing duty investigation, we
made no findings that any of the
programs are export-contingent.13
Therefore, we did not deduct export
subsidies from the final margins.
Accordingly, the cash deposit rates are
93.94 percent for the Tongrun Single
Entity and the non-selected respondents
eligible for a separate rate, and 241.12
percent for the China-wide entity.
daltland on DSKBBV9HB2PROD with NOTICES
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the International
Trade Commission (ITC) of our final
affirmative determination of sales at
LTFV. Because the final determination
in this proceeding is affirmative, in
accordance with section 735(b)(2) of the
Act, the ITC will make its final
determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports of
subject merchandise from China no later
than 45 days after our final
determination. If the ITC determines
that such injury does not exist, this
11 See Certain Tool Chests and Cabinets from the
People’s Republic of China: Countervailing Duty
Order, 83 FR 3299 (January 24, 2018). See also
Certain Tool Chests and Cabinets from the People’s
Republic of China: Final Affirmative Countervailing
Duty Determination, 82 FR 56582 (November 29,
2017) (Tool Chests China CVD Final) and
accompanying Issues and Decision Memorandum.
12 See Tool Chests China CVD Final and
accompanying Issues and Decision Memorandum at
9–10. See also the Memorandum, ‘‘Certain Tool
Chests and Cabinets from the People’s Republic of
China: Final Double Remedy Memorandum,’’ dated
concurrently with this notice at Attachment 1 for
our calculations of the estimated domestic subsidy
pass-through rates.
13 See Tool Chests China CVD Final and
accompanying Issues and Decision Memorandum.
See also, e.g., Circular Welded Carbon-Quality Steel
Pipe from Pakistan: Affirmative Preliminary
Determination of Sales at Less Than Fair Value and
Postponement of Final Determination and
Extension of Provisional Measures, 81 FR 36867
(June 8, 2016), and accompanying Preliminary
Decision Memorandum at 13, unchanged in
Circular Welded Carbon-Quality Steel Pipe from
Pakistan: Final Affirmative Determination of Sales
at Less Than Fair Value, 81 FR 75028 (October 28,
2016).
VerDate Sep<11>2014
16:56 Apr 09, 2018
Jkt 244001
proceeding will be terminated and all
securities posted will be refunded or
canceled. If the ITC determines that
such injury does exist, Commerce will
issue an antidumping duty order
directing CBP to assess, upon further
instruction by Commerce, antidumping
duties on all imports of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the effective date of the suspension
of liquidation.
Notification Regarding Administrative
Protective Order
This notice will serve as a reminder
to the 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 return or
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.
This determination is issued and
published in accordance with sections
735(d) and 777(i)(1) of the Act and 19
CFR 351.210(c).
Dated: April 3, 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 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 (China). 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,
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
15367
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 China 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 China 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
investigation are tool boxes, chests, and
E:\FR\FM\10APN1.SGM
10APN1
15368
Federal Register / Vol. 83, No. 69 / Tuesday, April 10, 2018 / Notices
(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:
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) an open top for storage, a flat top, or
a 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,
9403.20.0080, 9403.20.0090, and
7326.90.8688, but may also be classified
under HTSUS category 7326.90.3500.14
While HTSUS subheadings are provided for
convenience and Customs purposes, the
written description of the scope of this
investigation is dispositive.
a. Denial of Separate Rate Eligibility and
the Application of an AFA Rate
b. The Tongrun Single Entity
X. Recommendation
Appendix II
International Trade Administration
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Surrogate Country
V. Separate Rates
VI. China-Wide Rate
VII. Adjustments to Cash Deposit Rates
VIII. Changes Since the Preliminary
Determination
IX. Discussion of the Issues
[A–351–842]
VerDate Sep<11>2014
16:56 Apr 09, 2018
Jkt 244001
14 On February 8, 2018, Commerce included
HTSUS subheadings 9403.20.0080 and
9403.20.0090 to the case reference files, pursuant to
requests by CBP. See the Memorandum, ‘‘Requests
from Customs and Border Protection to Update the
ACE Case Reference File,’’ dated February 8, 2018.
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
[FR Doc. 2018–07315 Filed 4–9–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Certain Uncoated Paper From Brazil:
Preliminary Results of Antidumping
Duty Administrative Review; 2015–
2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that certain uncoated paper (uncoated
paper) from Brazil is being, or is likely
to be, sold in the United States at less
than fair value.
DATES: Applicable April 10, 2018.
AGENCY:
E:\FR\FM\10APN1.SGM
10APN1
EN10AP18.003</GPH>
daltland on DSKBBV9HB2PROD with NOTICES
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:
]]>Agencies
[Federal Register Volume 83, Number 69 (Tuesday, April 10, 2018)]
[Notices]
[Pages 15365-15368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07315]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-056]
Certain Tool Chests and Cabinets From the People's Republic of
China: Final Affirmative Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that imports
of certain tool chests and cabinets (tool chests) from the People's
Republic of China (China) are being, or are likely to be, sold in the
United States at less than fair value (LTFV). The final dumping margins
of sales at LTFV are listed in the ``Final Determination'' section of
this notice.
DATES: Applicable April 10, 2018.
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
Commerce published the Preliminary Determination in the LTFV
investigation of tool chests from China on November 16, 2017.\1\ For a
complete description of the events that followed the Preliminary
Determination, see the Issues and Decision Memorandum dated
concurrently with, and hereby adopted by, this notice.\2\
---------------------------------------------------------------------------
\1\ See 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, 82 FR 53456 (November 16, 2017)
(Preliminary Determination) and accompanying Preliminary Decision
Memorandum.
\2\ See the Memorandum, ``Certain Tool Chests and Cabinets from
the People's Republic of China: Issues and Decision Memorandum for
the Final Affirmative Determination of Sales at Less Than Fair
Value,'' dated concurrently with and hereby adopted by this notice
(Issues and Decision Memorandum).
---------------------------------------------------------------------------
Period of Investigation
The period of investigation is October 1, 2016, through March 31,
2017.
Scope of the Investigation
The products covered by this investigation are tool chests from
China. For a full description of the scope of this investigation, see
the ``Scope of the Investigation'' in Appendix I of this notice.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs that were
submitted by parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of issues raised is attached to this
notice at Appendix II. The Issues and Decision Memorandum is a public
document and is made available to the public 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 Commerce's Central
Records Unit, room B8024 of the main Department of Commerce building.
In addition, a complete version of the Issues and Decision Memorandum
can be accessed directly on the internet at https://enforcement.trade.gov/frn/.
Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), we verified the U.S. sales and factors of production
information submitted by the Tongrun Single Entity \3\ in December 2017
and January 2018.\4\ We used standard verification procedures,
including an examination of relevant accounting and production records,
and original source documents provided by the Tongrun Single Entity.
Because Geelong Sales (Macao Commercial Offshore) Limited (Geelong),
the other mandatory respondent in this investigation, informed Commerce
that it would not participate in the
[[Page 15366]]
verification, Commerce did not conduct a verification of Geelong's
responses.
---------------------------------------------------------------------------
\3\ 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 Results, 82 FR at 53457, n.10, and
accompanying Preliminary Decision Memorandum at 5-7.
\4\ See the Reports, ``Less-Than-Fair-Value Investigation of
Certain Tool Chests and Cabinets from the People's Republic of
China: Verification of the Export Price Sales and Factors of
Production Response of the Tongrun Single Entity,'' and ``Less-Than-
Fair-Value Investigation of Certain Tool Chests and Cabinets from
the People's Republic of China: Verification of the Constructed
Export Price Sales Response of the Tongrun Single Entity,'' dated
January 18, 2018.
---------------------------------------------------------------------------
China-Wide Entity and Use of Adverse Facts Available
Geelong has prevented Commerce from conducting verification of its
questionnaire responses, including its claim that it is a wholly
foreign-owned company. Therefore, we find that Geelong has failed to
demonstrate its eligibility for a separate rate and is considered part
of the China-wide entity. We continue to find that the use of facts
available is warranted in determining the rate of the China-wide entity
pursuant to section 776(a)(1) and (a)(2)(A)-(C) of the Act.\5\ Further,
use of facts available is also warranted pursuant to sections
776(a)(2)(C)-(D) of the Act because, by refusing to allow us to conduct
verifications, Geelong, which is part of the China-wide entity,
significantly impeded the proceeding, as Geelong's questionnaire
responses and data could not be verified.
---------------------------------------------------------------------------
\5\ See Preliminary Determination and accompanying Preliminary
Decision Memorandum at 18-21.
---------------------------------------------------------------------------
Further, we found that the China-wide entity, which includes
Geelong and other uncooperative respondents, did not cooperate to the
best of its ability to comply with our requests for information and,
accordingly, we determined it appropriate to apply adverse inferences
in selecting from the facts available, pursuant to section 776(b) of
the Act and 19 CFR 351.308(a).
Changes From the Preliminary Determination
Based on our analysis of the comments received and our findings at
verification, we made certain changes to our dumping margin calculation
for the Tongrun Single Entity.\6\ We also found that Geelong is part of
the China-wide entity and, consistent with our Preliminary
Determination, determined to base the China-wide entity's dumping
margin on total adverse facts available. We relied on the highest
control-number-specific dumping margin calculated for Geelong in the
Preliminary Determination to determine the rate for the China-wide
entity of 244.29 percent.\7\
---------------------------------------------------------------------------
\6\ See Issues and Decision Memorandum for a discussion of these
changes.
\7\ Id. at Comment 1 for a full discussion of this issue.
---------------------------------------------------------------------------
Combination Rates
Consistent with Preliminary Determination \8\ and Policy Bulletin
05.1,\9\ Commerce calculated combination rates for the respondents that
are eligible for a separate rate in this investigation.
---------------------------------------------------------------------------
\8\ See Preliminary Determinations, 82 FR at 53457-58.
\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,'' dated April 5, 2005 (Policy Bulletin 05.1), available
on Commerce's website at https://enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------
Final Determination
Commerce determines that the following weighted-average dumping
margins exist:
----------------------------------------------------------------------------------------------------------------
Estimated
weighted- adjusted cash
Exporter Producer average deposit rate
dumping margin (percent)
(percent)
----------------------------------------------------------------------------------------------------------------
The Tongrun Single Entity.................. Changshu City Jiangrun Metal 97.11 93.94
Product Co., Ltd.
The Tongrun Single Entity.................. The Tongrun Single Entity.......... 97.11 93.94
Changzhou Machan Steel Furniture Co., Ltd.. Changzhou Machan Steel Furniture 97.11 93.94
Co., Ltd.
Guangdong Hisense Home Appliances Co., Ltd. Guangdong Hisense Home Appliances 97.11 93.94
Co., Ltd.
Hyxion Metal Industry...................... Hyxion Metal Industry.............. 97.11 93.94
Jin Rong Hua Le Metal Manufactures Co., Ltd Jin Rong Hua Le Metal Manufactures 97.11 93.94
Co., Ltd.
Ningbo Safewell International Holding Corp. Zhejiang Xiunan Leisure Products 97.11 93.94
Co., Ltd.
Pinghu Chenda Storage Office Equipment Co., Pinghu Chenda Storage Office 97.11 93.94
Ltd. Equipment Co., Ltd.
Pooke Technology Co., Ltd.................. Pooke Technology Co., Ltd.......... 97.11 93.94
Shanghai All-Fast International Trade Co., Kunshan Trusteel Industry Co. Ltd.. 97.11 93.94
Ltd.
Shanghai All-Fast International Trade Co., Shanghai All-Hop Industry Co., Ltd. 97.11 93.94
Ltd.
Shanghai All-Fast International Trade Co., Shanghai Hom-Steel Industry Co., 97.11 93.94
Ltd. Ltd.
Shanghai All-Hop Industry Co., Ltd......... Shanghai All-Hop Industry Co., Ltd. 97.11 93.94
Trantex Product (Zhong Shan) Co., Ltd...... Trantex Product (Zhong Shan) Co., 97.11 93.94
Ltd.
China-Wide Entity.......................... ................................... 244.29 241.12
----------------------------------------------------------------------------------------------------------------
Disclosure
We intend to disclose the calculations performed to parties in this
proceeding within five days after public announcement of the final
determination in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with sections 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all entries of tool chests from China, as
described in Appendix I of this notice, which were entered, or
withdrawn from warehouse, for consumption on or after November 16,
2017, the date of publication of the Preliminary Determination of this
investigation in the Federal Register.
Pursuant to 19 CFR 351.210(d), upon the publication of this notice,
Commerce will instruct CBP to require a cash deposit \10\ equal to the
weighted-average amount by which the normal value exceeds U.S. price as
follows: (1) The cash deposit rate for the exporter/producer
combinations listed in the table above will be the rate identified in
the table; (2) for all combinations of Chinese exporters/producers of
merchandise under consideration that have not received their own
separate rate above, the cash-deposit rate will be the cash deposit
rate established for the China-wide entity; and (3) for all non-Chinese
exporters of merchandise under consideration which have not received
their own separate rate above, the cash-deposit rate will be the cash
deposit rate applicable to the Chinese exporter/producer combination
that supplied that non-Chinese exporter. These suspension of
liquidation instructions will remain in effect until further notice.
---------------------------------------------------------------------------
\10\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
---------------------------------------------------------------------------
[[Page 15367]]
Commerce published the countervailing duty order in the concurrent
countervailing duty investigation of tool chests from China.\11\
Therefore, we have adjusted the cash deposit rates by deducting
applicable estimated domestic subsidy pass-through rates from the final
margins. For the Tongrun Single Entity, the non-selected respondents
eligible for a separate rate, and the China-wide entity, the applicable
estimated domestic subsidy pass-through constitutes 3.17 percent.\12\
In the final determination of the concurrent countervailing duty
investigation, we made no findings that any of the programs are export-
contingent.\13\ Therefore, we did not deduct export subsidies from the
final margins. Accordingly, the cash deposit rates are 93.94 percent
for the Tongrun Single Entity and the non-selected respondents eligible
for a separate rate, and 241.12 percent for the China-wide entity.
---------------------------------------------------------------------------
\11\ See Certain Tool Chests and Cabinets from the People's
Republic of China: Countervailing Duty Order, 83 FR 3299 (January
24, 2018). See also Certain Tool Chests and Cabinets from the
People's Republic of China: Final Affirmative Countervailing Duty
Determination, 82 FR 56582 (November 29, 2017) (Tool Chests China
CVD Final) and accompanying Issues and Decision Memorandum.
\12\ See Tool Chests China CVD Final and accompanying Issues and
Decision Memorandum at 9-10. See also the Memorandum, ``Certain Tool
Chests and Cabinets from the People's Republic of China: Final
Double Remedy Memorandum,'' dated concurrently with this notice at
Attachment 1 for our calculations of the estimated domestic subsidy
pass-through rates.
\13\ See Tool Chests China CVD Final and accompanying Issues and
Decision Memorandum. See also, e.g., Circular Welded Carbon-Quality
Steel Pipe from Pakistan: Affirmative Preliminary Determination of
Sales at Less Than Fair Value and Postponement of Final
Determination and Extension of Provisional Measures, 81 FR 36867
(June 8, 2016), and accompanying Preliminary Decision Memorandum at
13, unchanged in Circular Welded Carbon-Quality Steel Pipe from
Pakistan: Final Affirmative Determination of Sales at Less Than Fair
Value, 81 FR 75028 (October 28, 2016).
---------------------------------------------------------------------------
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (ITC) of our final affirmative
determination of sales at LTFV. Because the final determination in this
proceeding is affirmative, in accordance with section 735(b)(2) of the
Act, the ITC will make its final determination as to whether the
domestic industry in the United States is materially injured, or
threatened with material injury, by reason of imports of subject
merchandise from China no later than 45 days after our final
determination. If the ITC determines that such injury does not exist,
this proceeding will be terminated and all securities posted will be
refunded or canceled. If the ITC determines that such injury does
exist, Commerce will issue an antidumping duty order directing CBP to
assess, upon further instruction by Commerce, antidumping duties on all
imports of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the effective date of the
suspension of liquidation.
Notification Regarding Administrative Protective Order
This notice will serve as a reminder to the 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 return or 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.
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c).
Dated: April 3, 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 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 (China). 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 China 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 China 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 investigation are tool boxes,
chests, and
[[Page 15368]]
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:
[GRAPHIC] [TIFF OMITTED] TN10AP18.003
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) an open top for storage, a flat top, or a 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,
9403.20.0080, 9403.20.0090, and 7326.90.8688, but may also be
classified under HTSUS category 7326.90.3500.\14\ While HTSUS
subheadings are provided for convenience and Customs purposes, the
written description of the scope of this investigation is
dispositive.
---------------------------------------------------------------------------
\14\ On February 8, 2018, Commerce included HTSUS subheadings
9403.20.0080 and 9403.20.0090 to the case reference files, pursuant
to requests by CBP. See the Memorandum, ``Requests from Customs and
Border Protection to Update the ACE Case Reference File,'' dated
February 8, 2018.
---------------------------------------------------------------------------
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Surrogate Country
V. Separate Rates
VI. China-Wide Rate
VII. Adjustments to Cash Deposit Rates
VIII. Changes Since the Preliminary Determination
IX. Discussion of the Issues
a. Denial of Separate Rate Eligibility and the Application of an
AFA Rate
b. The Tongrun Single Entity
X. Recommendation
[FR Doc. 2018-07315 Filed 4-9-18; 8:45 am]
BILLING CODE 3510-DS-P
