Certain Tool Chests and Cabinets From the Socialist Republic of Vietnam: Final Affirmative Determination of Sales at Less Than Fair Value, 15361-15364 [2018-07316]
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Federal Register / Vol. 83, No. 69 / Tuesday, April 10, 2018 / Notices
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Dated: April 3, 2018.
Valerie Dees,
Director of the Office of South Asia.
[FR Doc. 2018–07236 Filed 4–9–18; 8:45 am]
BILLING CODE 3510–HE–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–821]
Certain Tool Chests and Cabinets
From the Socialist Republic of
Vietnam: 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 Socialist Republic of
Vietnam (Vietnam) are being, or are
likely to be, sold in the United States at
less than fair value (LTFV). The final
dumping margin of sales at LTFV is
listed in the ‘‘Final Determination’’
section of this notice.
DATES: Applicable April 10, 2018.
FOR FURTHER INFORMATION CONTACT:
Dmitry Vladimirov, 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) 482–0665.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Commerce published the Preliminary
Determination in the LTFV investigation
of tool chests from Vietnam on
November 16, 2017.1 We invited parties
to comment on the Preliminary
Determination. 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
Socialist Republic of Vietnam: Preliminary
Affirmative Determination of Sales at Less Than
Fair Value, Postponement of Final Determination
and Extension of Provisional Measures, 82 FR
53452 (November 16, 2017) (Preliminary
Determination).
2 See Memorandum, ‘‘Certain Tool Chests and
Cabinets from the Socialist Republic of Vietnam:
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).
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15361
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
Vietnam. 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 as 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
Because the sole mandatory
respondent in this investigation,
Clearwater Metal Single Entity 3
withdrew from the scheduled
verification, Commerce was unable to
conduct verification under section
782(i)(1) of the Tariff Act of 1930, as
amended (the Act).
Vietnam-Wide Entity and Use of
Adverse Facts Available
Because Clearwater Metal Single
Entity prevented us from conducting
verification of its questionnaire
responses, including its claim that it is
a wholly foreign-owned company, we
find that Clearwater Metal Single Entity
is considered part of the Vietnam-wide
entity. We continue to find that the use
of facts available is warranted in
determining the dumping margin of the
Vietnam-wide entity, pursuant to
section 776(a)(1) and (a)(2)(A)–(C) of the
3 Commerce preliminarily determined that
Clearwater Metal VN JSC, Rabat Corporation, and
CSPS Co., Ltd., are a single entity (hereinafter,
Clearwater Metal Single Entity). See Preliminary
Determination, 82 FR at 53453 n.10; see also
Memorandum, ‘‘Certain Tool Chests and Cabinets
from the Socialist Republic of Vietnam: Collapsing
and Single Entity Treatment,’’ dated November 14,
2017. Nothing has changed for this final
determination, and therefore, we continue to treat
these companies as a single entity.
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Federal Register / Vol. 83, No. 69 / Tuesday, April 10, 2018 / Notices
Act. Further, use of facts available is
also warranted, pursuant to section
776(a)(2)(D) of the Act, because
information provided by Clearwater
Metal Single Entity, that is part of the
Vietnam-wide entity, could not be
verified. We, also, continue to find that
the Vietnam-wide entity failed to
cooperate to the best of its ability and,
therefore, the use of adverse facts
available with an adverse inference is
appropriate, pursuant to section 776(b)
of the Act.
Changes From Preliminary
Determination
In light of the discussion above, we
have made certain changes in the final
determination, which are fully
described in the Issues and Decision
Memorandum. As a result of these
changes, we relied on the highest
product matching control numberspecific dumping margin we calculated
for Clearwater Metal Single Entity in the
Preliminary Determination to determine
the dumping margin for the Vietnamwide entity of 327.17 percent.4
Final Determination
Commerce determines that a
weighted-average dumping margin of
327.17 percent exists for the Vietnamwide entity.
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Disclosure
The dumping margin assigned to the
Vietnam-wide entity for the final
determination in this investigation was
based on adverse facts available, i.e., the
highest product matching control
number-specific dumping margin
calculated for Clearwater Metal Single
Entity in the Preliminary Determination.
As such, no disclosure of calculations is
necessary for this final determination.
Continuation of Suspension of
Liquidation
In accordance with section
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 Vietnam, 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 5 equal to the weighted4 See Issues and Decision Memorandum for a full
discussion of this issue.
5 See Modification of Regulations Regarding the
Practice of Accepting Bonds During the Provisional
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average amount by which the normal
value exceeds U.S. price as shown
above. These suspension of liquidation
instructions will remain in effect until
further notice.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the 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 Vietnam 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).
Measures Period in Antidumping and
Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
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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 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 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 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.
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Federal Register / Vol. 83, No. 69 / Tuesday, April 10, 2018 / Notices
15363
chests are designed to be used in conjunction
with tool cabinets. The intermediate chests
typically do not have handles. The
intermediate and top chests may have the
capability of being bolted together.
Side cabinets are designed to be bolted or
otherwise attached to the side of the base
storage cabinet to expand the storage capacity
of the base tool cabinet.
Subject tool chests and cabinets also may
be packaged with a tool set included.
Packaging a subject tool chest and cabinet
with a tool set does not remove an otherwise
covered subject tool chest and cabinet from
the scope. When this occurs, the tools are not
part of the subject merchandise.
All tool chests and cabinets that meet the
above definition are included in the scope
unless otherwise specifically excluded.
Excluded from the scope of the
investigation are tool boxes, chests, and
cabinets with bodies made of plastic, carbon
fiber, wood, or other non-metallic substances.
Also excluded from the scope of the
investigation are industrial grade steel tool
chests and cabinets. The excluded industrial
grade steel tool chests and cabinets are those:
(1) Having a body that is over 60 inches in
width; or
(2) having each of the following physical
characteristics:
(a) A body made of steel that is 0.047
inches or more in thickness;
(b) a body depth (front to back) exceeding
21 inches; and
(c) a unit weight that exceeds the
maximum unit weight shown below for each
width range:
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 7326.90.3500.6 While
HTSUS subheadings are provided for
convenience and Customs purposes, the
written description of the scope of this
investigation is dispositive.
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6 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 Memorandum, ‘‘Requests from
Customs and Border Protection to Update the ACE
Case Reference File,’’ dated February 8, 2018.
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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
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Federal Register / Vol. 83, No. 69 / Tuesday, April 10, 2018 / Notices
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Changes Since the Preliminary
Determination
V. Discussion of the Issues:
The Total Adverse Facts Available Rate for
the Vietnam-Wide Entity and Selection
of Surrogate Country and Surrogate
Values
VI. Recommendation
[FR Doc. 2018–07316 Filed 4–9–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–980]
Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into
Modules, From the People’s Republic
of China: Notice of Court Decision Not
in Harmony With Final Results and
Notice of Amended Final Results
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Court of International
Trade (CIT or Court) sustained the final
results of redetermination pursuant to
remand pertaining to the administrative
review of the countervailing duty order
on crystalline silicon photovoltaic cells,
whether or not assembled into modules,
from the People’s Republic of China
(China) covering the period of review
(POR) January 1, 2013, through
December 31, 2013. The Department of
Commerce (Commerce) is notifying the
public that the final judgment in this
case is not in harmony with the final
results of the administrative review and
that we are amending the final results
with respect to the total ad valorem
countervailable subsidy rate assigned to
JA Solar Technology Yangzhou Co., Ltd.
and its cross-owned affiliates
(collectively, JA Solar), Changzhou
Trina Solar Energy Co., Ltd. (Trina
Solar), and Wuxi Suntech Power Co.,
Ltd. (Wuxi Suntech).
DATES: Applicable April 6, 2018.
FOR FURTHER INFORMATION CONTACT:
Kaitlin Wojnar at (202) 482–3857, AD/
CVD Operations, Office VII,
Enforcement and Compliance,
International Trade Administration,
daltland on DSKBBV9HB2PROD with NOTICES
AGENCY:
VerDate Sep<11>2014
16:56 Apr 09, 2018
Jkt 244001
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On July 19, 2016, Commerce
published the Final Results.1 Two
parties, SolarWorld Americas, Inc.
(SolarWorld) and Trina Solar, contested
Commerce’s findings in the Final
Results. SolarWorld is a U.S. producer
of solar cells and was the petitioner in
the CVD investigation of solar cells from
China. Trina Solar is a Chinese
producer/exporter of solar cells, which
participated as a non-individually
examined respondent in the underlying
administrative review.2 Wuxi Suntech
and JA Solar were not parties to this
litigation. However, Wuxi Suntech also
participated as a non-individually
examined respondent in the underlying
administrative review,3 and JA Solar
was the only individually examined
company respondent in the underlying
administrative review.4 In the Final
Results, Commerce calculated a
countervailable subsidy rate of 19.20
percent for JA Solar, which was also
assigned to Trina Solar and Wuxi
Suntech.5
On August 18, 2017, the CIT
remanded the Final Results to
Commerce.6 In particular, the Court
instructed Commerce to further explain
or reconsider its method of calculating
a benchmark price to measure the
adequacy of remuneration for solar
glass.7 In accordance with the ruling,
Commerce issued its Remand
Redetermination, in which it further
explained its benchmark determination
and corrected an error in the calculation
of that benchmark.8 As a result of the
1 See Final Results of Countervailing Duty
Administrative Review: Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into
Modules, from the People’s Republic of China, 81
FR 46904 (July 19, 2016) (Final Results), and
accompanying Issues and Decision Memorandum.
2 See Final Results, 81 FR at 46905.
3 Id.
4 Id.
5 Id.
6 See Changzhou Trina Solar Energy Co. v. United
States, Slip Op. 17–106, Court No. 16–00157 (CIT
2017) (Trina Solar).
7 Id. at 3.
8 See Commerce Memorandum, ‘‘Changzhou
Trina Solar Energy Co. v. United States, Court of
International Trade Consolidated Court No. 16–
00157: Final Results of Redetermination Pursuant to
Remand,’’ November 30, 2017 (Remand
Redetermination).
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corrected error, Commerce revised the
countervailable subsidy rates for JA
Solar, Trina Solar, and Wuxi Suntech to
24.66 percent.9 On March 27, 2018, the
CIT sustained Commerce’s Remand
Redetermination in full,10 thereby
affirming a 24.66 percent
countervailable subsidy rate for JA
Solar, Trina Solar, and Wuxi Suntech.
Timken Notice
In its decision in Timken,11 as
clarified by Diamond Sawblades,12 the
Court of Appeals for the Federal Circuit
held that, pursuant to section 516A(e) of
the Tariff Act of 1930, as amended (the
Act), Commerce must publish a notice
of a court decision that is not ‘‘in
harmony’’ with a Department
determination and must suspend
liquidation of entries pending a
‘‘conclusive’’ court decision. The CIT’s
March 27, 2018 final judgment
sustaining the Final Redetermination
constitutes a final decision of the Court
that is not in harmony with Commerce’s
Final Results. This notice is published
in fulfillment of the Timken publication
requirements. Accordingly, Commerce
will continue the suspension of
liquidation of the subject merchandise
pending a final and conclusive court
decision.
Amended Final Results
Because there is now a final court
decision, we are amending the Final
Results with respect to the
countervailable subsidy rate assigned to
JA Solar, Trina Solar, and Wuxi
Suntech. Based on the Remand
Redetermination, as affirmed by the CIT,
the revised countervailable subsidy
rates for JA Solar, Trina Solar, and Wuxi
Suntech for the period January 1, 2013,
through December 31, 2013, are as
follows:
9 Id.
10 See Changzhou Trina Solar Energy Co., Ltd. v.
United States, Slip Op. 18–31, Court No. 16–00157
(CIT 2018).
11 See Timken Co. v. United States, 893 F.2d 337,
341 (Fed. Cir. 1990) (Timken).
12 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir. 2010)
(Diamond Sawblades).
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]]>Agencies
[Federal Register Volume 83, Number 69 (Tuesday, April 10, 2018)]
[Notices]
[Pages 15361-15364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07316]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-821]
Certain Tool Chests and Cabinets From the Socialist Republic of
Vietnam: 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 Socialist
Republic of Vietnam (Vietnam) are being, or are likely to be, sold in
the United States at less than fair value (LTFV). The final dumping
margin of sales at LTFV is listed in the ``Final Determination''
section of this notice.
DATES: Applicable April 10, 2018.
FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, 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) 482-0665.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Determination in the LTFV
investigation of tool chests from Vietnam on November 16, 2017.\1\ We
invited parties to comment on the Preliminary Determination. 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 Socialist
Republic of Vietnam: Preliminary Affirmative Determination of Sales
at Less Than Fair Value, Postponement of Final Determination and
Extension of Provisional Measures, 82 FR 53452 (November 16, 2017)
(Preliminary Determination).
\2\ See Memorandum, ``Certain Tool Chests and Cabinets from the
Socialist Republic of Vietnam: 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).
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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
Vietnam. 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 as 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
Because the sole mandatory respondent in this investigation,
Clearwater Metal Single Entity \3\ withdrew from the scheduled
verification, Commerce was unable to conduct verification under section
782(i)(1) of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\3\ Commerce preliminarily determined that Clearwater Metal VN
JSC, Rabat Corporation, and CSPS Co., Ltd., are a single entity
(hereinafter, Clearwater Metal Single Entity). See Preliminary
Determination, 82 FR at 53453 n.10; see also Memorandum, ``Certain
Tool Chests and Cabinets from the Socialist Republic of Vietnam:
Collapsing and Single Entity Treatment,'' dated November 14, 2017.
Nothing has changed for this final determination, and therefore, we
continue to treat these companies as a single entity.
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Vietnam-Wide Entity and Use of Adverse Facts Available
Because Clearwater Metal Single Entity prevented us from conducting
verification of its questionnaire responses, including its claim that
it is a wholly foreign-owned company, we find that Clearwater Metal
Single Entity is considered part of the Vietnam-wide entity. We
continue to find that the use of facts available is warranted in
determining the dumping margin of the Vietnam-wide entity, pursuant to
section 776(a)(1) and (a)(2)(A)-(C) of the
[[Page 15362]]
Act. Further, use of facts available is also warranted, pursuant to
section 776(a)(2)(D) of the Act, because information provided by
Clearwater Metal Single Entity, that is part of the Vietnam-wide
entity, could not be verified. We, also, continue to find that the
Vietnam-wide entity failed to cooperate to the best of its ability and,
therefore, the use of adverse facts available with an adverse inference
is appropriate, pursuant to section 776(b) of the Act.
Changes From Preliminary Determination
In light of the discussion above, we have made certain changes in
the final determination, which are fully described in the Issues and
Decision Memorandum. As a result of these changes, we relied on the
highest product matching control number-specific dumping margin we
calculated for Clearwater Metal Single Entity in the Preliminary
Determination to determine the dumping margin for the Vietnam-wide
entity of 327.17 percent.\4\
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\4\ See Issues and Decision Memorandum for a full discussion of
this issue.
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Final Determination
Commerce determines that a weighted-average dumping margin of
327.17 percent exists for the Vietnam-wide entity.
Disclosure
The dumping margin assigned to the Vietnam-wide entity for the
final determination in this investigation was based on adverse facts
available, i.e., the highest product matching control number-specific
dumping margin calculated for Clearwater Metal Single Entity in the
Preliminary Determination. As such, no disclosure of calculations is
necessary for this final determination.
Continuation of Suspension of Liquidation
In accordance with section 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 Vietnam, 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 \5\ equal to the
weighted-average amount by which the normal value exceeds U.S. price as
shown above. These suspension of liquidation instructions will remain
in effect until further notice.
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\5\ 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).
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International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
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 Vietnam 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 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 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 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.
[[Page 15363]]
Top chests are designed to be used with a tool cabinet to form a
tool storage unit. The top chests may be mounted on top of the base
tool cabinet or onto an intermediate chest. They are often packaged
as a set with tool cabinets or intermediate chests, but may also be
packaged separately. They may be packaged with mounting hardware
(e.g., bolts) and instructions for assembling them onto the base
tool cabinet or onto an intermediate tool chest which rests on the
base tool cabinet. Smaller top chests typically have handles on the
sides, while the larger top chests typically lack handles.
Intermediate tool chests are designed to fit on top of the floor
standing tool cabinet and to be used underneath the top tool chest.
Although they may be packaged or used separately from the tool
cabinet, intermediate chests are designed to be used in conjunction
with tool cabinets. The intermediate chests typically do not have
handles. The intermediate and top chests may have the capability of
being bolted together.
Side cabinets are designed to be bolted or otherwise attached to
the side of the base storage cabinet to expand the storage capacity
of the base tool cabinet.
Subject tool chests and cabinets also may be packaged with a
tool set included. Packaging a subject tool chest and cabinet with a
tool set does not remove an otherwise covered subject tool chest and
cabinet from the scope. When this occurs, the tools are not part of
the subject merchandise.
All tool chests and cabinets that meet the above definition are
included in the scope unless otherwise specifically excluded.
Excluded from the scope of the investigation are tool boxes,
chests, and cabinets with bodies made of plastic, carbon fiber,
wood, or other non-metallic substances.
Also excluded from the scope of the investigation are industrial
grade steel tool chests and cabinets. The excluded industrial grade
steel tool chests and cabinets are those:
(1) Having a body that is over 60 inches in width; or
(2) having each of the following physical characteristics:
(a) A body made of steel that is 0.047 inches or more in
thickness;
(b) a body depth (front to back) exceeding 21 inches; and
(c) a unit weight that exceeds the maximum unit weight shown
below for each width range:
[GRAPHIC] [TIFF OMITTED] TN10AP18.004
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.\6\ While HTSUS
subheadings are provided for convenience and Customs purposes, the
written description of the scope of this investigation is
dispositive.
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\6\ 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 Memorandum, ``Requests from Customs and
Border Protection to Update the ACE Case Reference File,'' dated
February 8, 2018.
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[[Page 15364]]
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Changes Since the Preliminary Determination
V. Discussion of the Issues:
The Total Adverse Facts Available Rate for the Vietnam-Wide
Entity and Selection of Surrogate Country and Surrogate Values
VI. Recommendation
[FR Doc. 2018-07316 Filed 4-9-18; 8:45 am]
BILLING CODE 3510-DS-P
