Certain Tool Chests and Cabinets From the People's Republic of China and the Socialist Republic of Vietnam: Antidumping Duty Orders, 25645-25647 [2018-11905]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 83, Number 107 (Monday, June 4, 2018)]
[Notices]
[Pages 25645-25647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11905]



[[Page 25645]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-056, A-552-821]


Certain Tool Chests and Cabinets From the People's Republic of 
China and the Socialist Republic of Vietnam: Antidumping Duty Orders

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 antidumping duty orders on certain tool chests and 
cabinets (tool chests) from the People's Republic of China (China) and 
the Socialist Republic of Vietnam (Vietnam).

DATES: Applicable June 4, 2018.

FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or Andre Gziryan at 
(202) 482-5760 or (202) 482-2201, respectively (China); Dmitry 
Vladimirov at (202) 482-0665 (Vietnam); AD/CVD Operations Office I, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the Act), and 19 CFR 351.210(c), on April 10, 
2018, Commerce published its affirmative final determinations in the 
less-than-fair-value (LTFV) investigations of tool chests from China 
and Vietnam.\1\ On May 24, 2018, the ITC notified Commerce of its final 
determination pursuant to section 735(b)(1)(A) of the Act that an 
industry in the United States is materially injured by reason of the 
LTFV imports of tool chests from China and Vietnam.\2\
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    \1\ See Certain Tool Chests and Cabinets from the People's 
Republic of China: Final Affirmative Determination of Sales at Less 
Than Fair Value, 83 FR 15365 (April 10, 2018) (China Final) and 
Certain Tool Chests and Cabinets from the Socialist Republic of 
Vietnam: Final Affirmative Determination of Sales at Less Than Fair 
Value, 83 FR 15361 (April 10, 2018) (Vietnam Final).
    \2\ See Notification Letter from the ITC dated May 24, 2018 (ITC 
Letter).
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Scope of the Orders

    The product covered by these orders is tool chests. For a complete 
description for the scope of the orders, see Appendix I of this notice.

Antidumping Duty Orders

    On May 24, 2018, in accordance with sections 735(b)(1)(A) and 
735(d) of the Act, the ITC notified Commerce of its final 
determinations in these investigations, in which it found that an 
industry in the United States is materially injured by reason of 
imports of tool chests from China and Vietnam.\3\ Therefore, in 
accordance with section 735(c)(2) of the Act, Commerce is issuing these 
antidumping duty orders. Because the ITC determined that imports of 
tool chests from China and Vietnam are materially injuring a U.S. 
industry, unliquidated entries of such merchandise from China and 
Vietnam, entered or withdrawn from warehouse for consumption, are 
subject to the assessment of antidumping duties.
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    \3\ See ITC Letter.
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    Therefore, in accordance with section 736(a)(1) of the Act, 
Commerce will direct U.S. Customs and Border Protection (CBP) to 
assess, upon further instruction by Commerce, antidumping duties equal 
to the amount by which the normal value of the merchandise exceeds the 
export price (or constructed export price) of the merchandise, for all 
relevant entries of tool chests from China and Vietnam. Antidumping 
duties will be assessed on unliquidated entries of tool chests from 
China and Vietnam entered, or withdrawn from warehouse, for consumption 
on or after November 16, 2017, the date of publication of the 
Preliminary Determinations,\4\ but will not include entries occurring 
after the expiration of the provisional measures period and before 
publication of the ITC's final injury determination as further 
described below.
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    \4\ See 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) 
(China Prelim) and 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) (Vietnam Prelim) (collectively, Preliminary 
Determinations).
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Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct CBP to continue to suspend liquidation on entries of tool 
chests from China and Vietnam. These instructions suspending 
liquidation will remain in effect until further notice.
    We will also instruct CBP to require cash deposits equal to the 
amount as indicated below. Accordingly, effective on the date of 
publication of the ITC's final affirmative injury determination, CBP 
will require, at the same time as importers would normally deposit 
estimated duties on this subject merchandise, a cash deposit equal to 
the cash deposit rates listed below.\5\ The respective rate for the 
China-wide entity and the Vietnam-wide entity applies to all exporters 
not specifically listed. For the purpose of determining cash deposit 
rates for China, the estimated weighted-average dumping margins for 
imports of subject merchandise from China have been adjusted, as 
appropriate, for estimated domestic subsidy pass-through rates 
calculated based on the final determination of the companion 
countervailing duty investigation of tool chests from China.\6\
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    \5\ See sections 736(a)(3) of the Act.
    \6\ See China Final, 83 FR at 15367.
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Provisional Measures

    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
Commerce to extend that four-month period to no more than six months. 
At the request of exporters that account for a significant proportion 
of tool chests from China and Vietnam, respectively, Commerce extended 
the four-month period to six months in each case.\7\ In the underlying 
investigations, Commerce published the preliminary determinations on 
November 16, 2017. Therefore, the extended period, beginning on the 
date of publication of the Preliminary Determinations, ended on May 14, 
2018. Furthermore, section 737(b) of the Act states that definitive 
duties are to begin on the date of publication of the ITC's final 
injury determination.
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    \7\ See China Prelim, 82 FR at 53458-59 and Vietnam Prelim, 82 
FR at 53454.
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    Therefore, in accordance with section 733(d) of the Act and our 
practice,\8\ we will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of tool chests from China and Vietnam entered, or 
withdrawn from warehouse, for consumption after May 14, 2018, the date 
the provisional measures expired, through the day preceding the date of 
publication of the

[[Page 25646]]

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.
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    \8\ See, e.g., Certain Corrosion-Resistant Steel Products from 
India, Italy, the People's Republic of China, the Republic of Korea 
and Taiwan: Amended Final Affirmative Antidumping Determination for 
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25, 
2016).
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Estimated Weighted-Average Dumping Margins

    For China, the weighted-average antidumping duty margin percentages 
and cash deposit percentages are as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                     Weighted-
                                                                                      average      Cash deposit
                  Exporter                                 Producer               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
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    For Vietnam, the weighted-average antidumping duty margin 
percentage is as follows:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                          Exporter                             dumping
                                                                margin
                                                              (percent)
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Vietnam-Wide Entity........................................      327.17
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    This notice constitutes the antidumping duty orders with respect to 
tool chests from China and Vietnam pursuant to section 736(a) of the 
Act. Interested parties can find a list of antidumping duty orders 
currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
    These orders are issued and published in accordance with section 
736(a) of the Act and 19 CFR 351.211(b).

    Dated: May 29, 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 Orders

    The scope of these orders covers certain metal tool chests and 
tool cabinets, with drawers, (tool chests and cabinets), from the 
People's Republic of China (China) 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 China 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 
China 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.

[[Page 25647]]

    All tool chests and cabinets that meet the above definition are 
included in the scope unless otherwise specifically excluded.
    Excluded from the scope of these orders 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 these orders 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] TN04JN18.006

    Also excluded from the scope of these orders 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 these orders 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 these orders 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 these orders 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. While HTSUS subheadings are provided 
for convenience and Customs purposes, the written description of the 
scope of these orders is dispositive.

[FR Doc. 2018-11905 Filed 6-1-18; 8:45 am]
 BILLING CODE 3510-DS-P