Steel Racks From the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation, 33195-33201 [2018-15225]
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Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Notices
Estimate of Burden per Response: An
average of 30 minutes for the Pulpwood
Questionnaire for 132 respondents
(estimated); an average of 42 minutes for
the Logs and Other Roundwood
Questionnaire for 2,875 respondents
(estimated); an average of 11 minutes for
the Logging Operations Questionnaire
for 435 respondents (estimated).
Estimated Annual Number of
Respondents: 3,442.
Estimated Annual Number of
Responses per Respondent: 1.
Estimated Total Annual Burden on
Respondents: 2,147 hours.
ways to minimize the burden of the
collection of information on
respondents, including the use of
automated, electronic, mechanical, or
other technological collection
techniques or other forms of information
technology.
All comments received in response to
this notice, including names and
addresses when provided, will be a
matter of public record. Comments will
be summarized and included in the
submission request toward Office of
Management and Budget approval.
Comment Is Invited
Comment is invited on: (1) Whether
this collection of information is
necessary for the stated purposes and
the proper performance of the functions
of the Agency, including whether the
information will have practical or
scientific utility; (2) the accuracy of the
Agency’s estimate of the burden of the
collection of information, including the
validity of the methodology and
assumptions used; (3) ways to enhance
the quality, utility, and clarity of the
information to be collected; and (4)
Dated: June 29, 2108.
Carlos Rodriguez-Franco,
Deputy Chief for Research and Development.
[FR Doc. 2018–15228 Filed 7–16–18; 8:45 am]
BILLING CODE 3411–15–P
33195
DEPARTMENT OF COMMERCE
Economic Development Administration
Notice of Petitions by Firms for
Determination of Eligibility To Apply
for Trade Adjustment Assistance
Economic Development
Administration, U.S. Department of
Commerce.
ACTION: Notice and opportunity for
public comment.
AGENCY:
The Economic Development
Administration (EDA) has received
petitions for certification of eligibility to
apply for Trade Adjustment Assistance
from the firms listed below.
Accordingly, EDA has initiated
investigations to determine whether
increased imports into the United States
of articles like or directly competitive
with those produced by each of the
firms contributed importantly to the
total or partial separation of the firms’
workers, or threat thereof, and to a
decrease in sales or production of each
petitioning firm.
SUPPLEMENTARY INFORMATION:
SUMMARY:
LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION OF ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT
ASSISTANCE
[06/27/2018 through 07/10/2018]
Firm name
Firm address
Centerless Technology, Inc .....
45 Wells Street, Rochester,
NY 14611.
301 Dix Road, Jefferson City,
MO 65109.
6951 High Grove Boulevard,
Burr Ridge, IL 60527.
DeLong’s, Inc ..........................
Fusion Systems, Inc. d/b/a Fusion OEM.
La Mar Lighting Company, Inc.
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Date accepted
for
investigation
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6/27/2018
The firm manufactures steel parts through precision grinding.
6/27/2018
The firm manufactures fabricated structural steel products.
7/2/2018
485 Smith Street, Farmingdale, NY 11735.
Any party having a substantial
interest in these proceedings may
request a public hearing on the matter.
A written request for a hearing must be
submitted to the Trade Adjustment
Assistance Division, Room 71030,
Economic Development Administration,
U.S. Department of Commerce,
Washington, DC 20230, no later than ten
(10) calendar days following publication
of this notice. These petitions are
received pursuant to section 251 of the
Trade Act of 1974, as amended.
Please follow the requirements set
forth in EDA’s regulations at 13 CFR
315.9 for procedures to request a public
hearing. The Catalog of Federal
Domestic Assistance official number
and title for the program under which
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Product(s)
7/3/2018
The firm manufactures electro-mechanical devices, control
systems, and communications equipment as well as associated racks, cabinets and housings. The firm also provides related assembly services.
The firm manufactures fluorescent and light-emitting diode
(LED) light fixtures as well as related sensor controls.
these petitions are submitted is 11.313,
Trade Adjustment Assistance for Firms.
Irette Patterson,
Program Analyst.
International Trade Administration
[A–570–088]
[FR Doc. 2018–15203 Filed 7–16–18; 8:45 am]
BILLING CODE 3510–WH–P
PO 00000
DEPARTMENT OF COMMERCE
Steel Racks From the People’s
Republic of China: Initiation of LessThan-Fair-Value Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable July 10, 2018.
FOR FURTHER INFORMATION CONTACT:
Jonathan Hill or Patrick O’Connor at
(202) 482–3518 or (202) 482–0989,
respectively; AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
AGENCY:
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Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Notices
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
The Petition
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On June 20, 2018, the U.S.
Department of Commerce (Commerce)
received an antidumping duty (AD)
Petition concerning imports of steel
racks from the People’s Republic of
China (China), filed in proper form on
behalf of the Coalition of Fair Rack
Imports (the petitioner).1 The AD
Petition was accompanied by a
countervailing duty (CVD) Petition
concerning imports of steel racks from
China.
On June 22, 2018, Commerce
requested supplemental information
pertaining to certain aspects of the
Petition in two separate supplemental
questionnaires, one dealing with general
issues with the petition and the other
with issues related to Volume II of the
Petition.2
The petitioner filed its responses to
the supplemental questionnaires on
June 26.3 On June 28, and June 29, 2018,
Commerce requested supplemental
information pertaining to certain areas
of the Petition.4 The petitioner filed
responses to Commerce’s requests on
June 29, and July 2, 2018.5 On July 5,
2018, we spoke with the petitioner
regarding the scope language submitted
in its July 2, 2018 submission.6 On July
9, 2018, the petitioner filed an
amendment to the scope, further
clarifying the scope language.7
1 See the petitioner’s Letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties: Steel Racks from the People’s Republic of
China,’’ dated June 20, 2018 (the Petition). See
Volume I of the Petition, at 1–3.
2 See Commerce’s Letters, both titled, ‘‘Petitions
for the Imposition of Antidumping and
Countervailing Duties on Imports of Steel Racks
from the People’s Republic of China: Supplemental
Questions,’’ and both dated June 22, 2018.
3 See the petitioner’s Letters, ‘‘Steel Racks from
the People’s Republic of China: Response to
Supplemental Questions—Antidumping Duties,
dated June 26, 2018 (AD Supplement). See ‘‘Steel
Racks from the People’s Republic of China:
Response to Supplemental Questions—General
Issues,’’ dated June 26, 2018 (General Issues
Supplement).
4 See Memoranda, ‘‘Phone Call with Counsel to
the Petitioner,’’ dated June 28, 2018 and
Memorandum, ‘‘Phone Call with Counsel to
Petitioners,’’ dated June 29, 2018.
5 See Steel Racks from the People’s Republic of
China: Additional Response to Supplemental
Questions—Antidumping Duties,’’ dated June 29,
2018 (Second AD Supplement). See ‘‘Steel Racks
from the People’s Republic of China: Response to
Second Set of Supplemental Questions—General
Issues,’’ dated July 2, 2018 (Second General Issues
Supplement). See ‘‘Steel Racks from the People’s
Republic of China: Additional Response to
Supplemental Questions—Antidumping Duties,’’
dated July 2, 2018 (Third AD Supplement).
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In accordance with section 732(b) of
the Tariff Act of 1930, as amended (the
Act), the petitioner alleges that imports
of steel racks from China are being, or
are likely to be, sold in the United States
at less than fair value within the
meaning of section 731 of the Act, and
that such imports are materially
injuring, or threatening material injury
to, the domestic industry producing
steel racks in the United States.
Consistent with section 732(b)(1) of the
Act, the Petition is accompanied by
information reasonably available to the
petitioner supporting its allegation.
Commerce finds that the petitioner
filed the Petition on behalf of the
domestic industry because the
petitioner is an interested party as
defined in section 771(9)(E) of the Act.
Commerce also finds that the petitioner
demonstrated sufficient industry
support with respect to the initiation of
the AD investigation that the petitioner
is requesting.8
Period of Investigation
Because China is a non-market
economy (NME) country, pursuant to 19
CFR 351.204(b)(1), the period of
investigation (POI) is October 1, 2017,
through March 31, 2018.
Scope of the Investigation
The product covered by this
investigation is steel racks from China.
For a full description of the scope of this
investigation, see the Appendix to this
notice.
Scope Comments
During our review of the Petition,
Commerce contacted the petitioner
regarding the proposed scope language
to ensure that the scope language in the
Petition is an accurate reflection of the
products for which the domestic
industry is seeking relief.9 As a result,
the scope of the Petition was modified
to clarify the description of merchandise
covered by the Petition. The description
of the merchandise covered by this
initiation, as described in the Appendix
to this notice, reflects these
clarifications.
As discussed in the preamble to
Commerce’s regulations, we are setting
aside a period for interested parties to
raise issues regarding product coverage
(scope).10 Commerce will consider all
comments received from interested
parties and, if necessary, will consult
8 See the ‘‘Determination of Industry Support for
the Petition’’ section, infra.
9 See General Issues Supplement, at 1–9; see also
Revised Scope, at Exhibit 1.
10 See Antidumping Duties; Countervailing
Duties, Final Rule, 62 FR 27296, 27323 (May 19,
1997).
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with interested parties prior to the
issuance of the preliminary
determination. If scope comments
include factual information,11 all such
factual information should be limited to
public information. To facilitate
preparation of its questionnaires,
Commerce requests that all interested
parties submit scope comments by 5:00
p.m. Eastern Time (ET) on July 30, 2018,
which is 20 calendar days from the
signature date of this notice.12 Any
rebuttal comments, which may include
factual information, must be filed by
5:00 p.m. ET on August 9, 2018, which
is 10 calendar days from the initial
comments deadline.
Commerce requests that any factual
information parties consider relevant to
the scope of the investigation be
submitted during this period. However,
if a party subsequently finds that
additional factual information
pertaining to the scope of the
investigation may be relevant, the party
may contact Commerce and request
permission to submit the additional
information. All such submissions must
be filed on the records of the concurrent
AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be
filed electronically using Enforcement
and Compliance’s Antidumping Duty
and Countervailing Duty Centralized
Electronic Service System (ACCESS).13
An electronically filed document must
be received successfully in its entirety
by the time and date it is due.
Documents exempted from the
electronic submission requirements
must be filed manually (i.e., in paper
form) with Enforcement and
Compliance’s APO/Dockets Unit, Room
18022, U.S. Department of Commerce,
1401 Constitution Avenue NW,
Washington, DC 20230, and stamped
with the date and time of receipt by the
applicable deadlines.
Comments on Product Characteristics
for AD Questionnaire
Commerce is providing interested
parties an opportunity to comment on
the appropriate physical characteristics
11 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
12 See 19 CFR 351.303(b).
13 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System
Name, 79 FR 69046 (November 20, 2014) for details
of Commerce’s electronic filing requirements,
effective August 5, 2011. Information on help using
ACCESS can be found at https://access.trade.gov/
help.aspx and a handbook can be found at https://
access.trade.gov/help/Handbook%20
on%20Electronic%20Filling%20Procedures.pdf.
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of steel racks to be reported in response
to Commerce’s AD questionnaire. This
information will be used to identify the
key physical characteristics of the
merchandise under consideration in
order to report the relevant factors of
production accurately, as well as to
develop appropriate productcomparison criteria.
Interested parties may provide any
information or comments that they feel
are relevant to the development of an
accurate list of physical characteristics.
In order to consider the suggestions of
interested parties in developing and
issuing the AD questionnaire, all
product characteristics comments must
be filed by 5:00 p.m. ET on July 30,
2018, which is 20 calendar days from
the signature date of this notice.14 Any
rebuttal comments must be filed by 5:00
p.m. ET on August 9, 2018. All
comments and submissions to
Commerce must be filed electronically
using ACCESS, as explained above, on
the record of the China less-than-fairvalue investigation.
Determination of Industry Support for
the Petition
Section 732(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 732(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) At least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 732(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
Commerce shall: (i) poll the industry or
rely on other information in order to
determine if there is support for the
petition, as required by subparagraph
(A); or (ii) determine industry support
using a statistically valid sampling
method to poll the ‘‘industry.’’
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
whole of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs Commerce to look to producers
and workers who produce the domestic
like product. The International Trade
Commission (ITC), which is responsible
for determining whether ‘‘the domestic
industry’’ has been injured, must also
14 See
19 CFR 351.303(b).
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determine what constitutes a domestic
like product in order to define the
industry. While both Commerce and the
ITC must apply the same statutory
definition regarding the domestic like
product,15 they do so for different
purposes and pursuant to a separate and
distinct authority. In addition,
Commerce’s determination is subject to
limitations of time and information.
Although this may result in different
definitions of the like product, such
differences do not render the decision of
either agency contrary to law.16
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
most similar in characteristics and uses
with, the article subject to an
investigation under this title.’’ Thus, the
reference point from which the
domestic like product analysis begins is
‘‘the article subject to an investigation’’
(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the petition).
With regard to the domestic like
product, the petitioner does not offer a
definition of the domestic like product
distinct from the scope of the
investigation.17 Based on our analysis of
the information submitted on the
record, we have determined that steel
racks, as defined in the scope, constitute
a single domestic like product, and we
have analyzed industry support in terms
of that domestic like product.18
In determining whether the petitioner
has standing under section 732(c)(4)(A)
of the Act, we considered the industry
support data contained in the Petition
with reference to the domestic like
product as defined in the ‘‘Scope of the
Investigation,’’ in the Appendix to this
notice. To establish industry support,
the petitioner provided its own 2017
shipments of the domestic like product
and compared this to the estimated total
shipments of the domestic like product
section 771(10) of the Act.
USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d 865 F.2d 240 (Fed. Cir. 1989)).
17 See Volume I of the Petition, at 11–13 and
Exhibit I–9; see also General Issues Supplement, at
9–10.
18 For a discussion of the domestic like product
analysis as applied to this case and information
regarding industry support, see Antidumping Duty
Investigation Initiation Checklist: Steel Racks from
the People’s Republic of China (China AD Initiation
Checklist), at Attachment II, Analysis of Industry
Support for the Antidumping and Countervailing
Duty Petitions Covering Steel Racks from the
People’s Republic of China (Attachment II). This
checklist is dated concurrently with this notice and
on file electronically via ACCESS. Access to
documents filed via ACCESS is also available in the
Central Records Unit, Room B8024 of the main
Department of Commerce building.
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15 See
16 See
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for the entire domestic industry.19 The
petitioner explained that it relied on
shipment data because production data
for the entire domestic industry were
not available.20 In addition, the
petitioner contends that shipments are a
reasonable proxy for data on production
of steel racks.21 We relied on data the
petitioner provided for purposes of
measuring industry support.22
In its July 3, 2018, letter, Jiaxing
Zhongda Import & Export Co., Ltd.
(Jiaxing Zhongda), a Chinese exporter/
producer, submitted comments on
industry support and requested that
Commerce poll the industry to
determine industry support.23 The
petitioner responded to these comments
in the Industry Support Supplement,
dated July 3, 2018.24 In a letter dated
July 5, 2018, Guangdong Wireking
Housewares and Hardware Co., Ltd.
(Guangdong Wireking), a Chinese
exporter/producer, submitted comments
on industry support and requested that
Commerce poll the industry to
determine industry support.25 The
petitioner responded to Guangdong
Wireking’s comments on July 6, 2018.26
In a letter dated July 9, 2018, United
Material Handling (UMH), a U.S.
importer of subject merchandise,
submitted comments on industry
support and requested that Commerce
poll the industry to determine industry
support.27 The petitioner responded to
these comments in the Third Industry
Support Supplement, dated July 10,
19 See Volume I of the Petition, at 3–5 and
Exhibits I–2 and I–3; see also General Issues
Supplement, at 10–11 and Exhibit 5; see also
Second General Issues Supplement, at 3–4 and
Exhibits 1 and 2.
20 See Volume I of the Petition, at 4–5 and Exhibit
I–2.
21 Id. at 4 Exhibit I–3; see also Second General
Issues Supplement, at 4.
22 See Volume I of the Petition, at 4–5 and Exhibit
I–2; see also General Issues Supplement, at 10–11
and Exhibit 5; see also Second General Issues
Supplement, at 3–4 and Exhibits 1 and 2.
23 See Jiaxing Zhongda’s Letter, ‘‘Steel Racks from
the People’s Republic of China: Pre-Initiation
Industry Support Comments, dated July 3, 2018
(Jiaxing Zhongda Letter).
24 See the petitioner’s Letter, ‘‘Steel Racks from
the People’s Republic of China: Response to
Industry Support Comments,’’ dated July 3, 2018
(Industry Support Supplement).
25 See Guangdong Wireking Letter, ‘‘Steel Racks
from the People’s Republic of China: Pre-Initiation
Industry Support Comments,’’ dated July 5, 2018
(Guangdong Wireking Letter).
26 See the petitioner’s Letter, ‘‘Steel Racks from
the People’s Republic of China: Response to
Industry Support Comments,’’ dated July 6, 2018
(Second Industry Support Supplement).
27 See UMH’s Letter, ‘‘Steel Racks from the
People’s Republic of China Pre-Initiation Comments
on Industry Support, dated July 9, 2018) (UMH
Letter).
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2018.28 For further discussion of these
comments, see Attachment II of the
China AD Initiation Checklist.
Our review of the data provided in the
Petition, the General Issues Supplement,
the Second General Issues Supplement,
letters from Jiaxing Zhongda,
Guangdong Wireking, and UMH, the
Industry Support Supplement, the
Second Industry Support Supplement,
the Third Industry Support Supplement,
and other information readily available
to Commerce indicates that the
petitioner has established industry
support for the Petition.29 First, the
Petition established support from
domestic producers (or workers)
accounting for more than 50 percent of
the total production of the domestic like
product and, as such, Commerce is not
required to take further action in order
to evaluate industry support (e.g.,
polling).30 Second, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(c)(4)(A)(i) of the Act
because the domestic producers (or
workers) who support the Petition
account for at least 25 percent of the
total production of the domestic like
product.31 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(c)(4)(A)(ii) of the Act
because the domestic producers (or
workers) who support the Petition
account for more than 50 percent of the
production of the domestic like product
produced by that portion of the industry
expressing support for, or opposition to,
the Petition.32 Accordingly, Commerce
determines that the Petition was filed on
behalf of the domestic industry within
the meaning of section 732(b)(1) of the
Act.
Commerce finds that the petitioner
filed the Petition on behalf of the
domestic industry because it is an
interested party as defined in section
771(9)(E) of the Act and it has
demonstrated sufficient industry
support with respect to the AD
investigation that it is requesting that
Commerce initiate.33
28 See the peitioner’s Letter, ‘‘Steel Racks from the
People’s Republic of China: Response to UMH’s
Industry Support Comments,’’ dated July 10, 2018
(Third Industry Support Supplement).
29 See China AD Initiation Checklist, at
Attachment II.
30 Id.; see also section 732(c)(4)(D) of the Act.
31 See China AD Initiation Checklist, at
Attachment II.
32 Id.
33 Id.
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Allegations and Evidence of Material
Injury and Causation
The petitioner alleges that the U.S.
industry producing the domestic like
product is being materially injured, or is
threatened with material injury, by
reason of the imports of the subject
merchandise sold at less than normal
value (NV). In addition, the petitioner
alleges that subject imports exceed the
negligibility threshold provided for
under section 771(24)(A) of the Act.34
The petitioner contends that the
industry’s injured condition is
illustrated by a significant and
increasing volume of subject imports;
reduced market share; underselling and
price depression or suppression; lost
sales and lost revenues; decline in
production, quantity of U.S. shipments,
and capacity utilization rate; and
decline in the domestic industry’s
profitability.35 We have assessed the
allegations and supporting evidence
regarding material injury, threat of
material injury, and causation, and we
have determined that these allegations
are properly supported by adequate
evidence, and meet the statutory
requirements for initiation.36
Allegations of Sales at Less Than Fair
Value
The following is a description of the
allegations of sales at less than fair value
upon which Commerce based its
decision to initiate an AD investigation
of imports of steel racks from China.
The sources of data for the deductions
and adjustments relating to U.S. price
and NV are discussed in greater detail
in the China AD Initiation Checklist.
Export Price
The petitioner based U.S. export
prices (EP) on price quotes.37 Where
applicable, the petitioner made
deductions from U.S. price for
distributor markup, movement and
other expenses, consistent with the
terms of sale.38
34 See Volume I of the Petition, at 17 and Exhibit
I–13.
35 See Volume I of the Petition, at 14–28 and
Exhibits I–3, I–13, and I–15 through I–24; see also
General Issues Supplement, at 11–12 and Exhibit 6;
and Second General Issues Supplement, at 4–5.
36 See China AD Initiation Checklist at
Attachment III, Analysis of Allegations and
Evidence of Material Injury and Causation for the
Antidumping and Countervailing Duty Petitions
Covering Steel Racks from the People’s Republic of
China.
37 See China AD Initiation Checklist.
38 Id.
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Normal Value
Commerce considers China to be an
NME country.39 In accordance with
section 771(18)(C)(i) of the Act, any
determination that a foreign country is
an NME country shall remain in effect
until revoked by Commerce. Therefore,
we continue to treat China as an NME
country for purposes of the initiation of
this investigation. Accordingly, NV in
China is appropriately based on factors
of production (FOPs) valued in a
surrogate market economy country, in
accordance with section 773(c) of the
Act.40
The petitioner claims that Brazil is an
appropriate surrogate country for China
because it is a market economy country
that is at a level of economic
development comparable to that of
China and it is a significant producer of
comparable merchandise.41 The
petitioner provided publicly available
information from Brazil to value all
FOPs.42 Therefore, based on the
information provided by the petitioner,
we determine that it is appropriate to
use Brazil as the primary surrogate
country for initiation purposes.
Interested parties will have the
opportunity to submit comments
regarding surrogate country selection
and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an
opportunity to submit publicly available
information to value FOPs within 30
days before the scheduled date of the
preliminary determination.
Factors of Production
Based on its assertion that
information regarding the FOPs and
volume of inputs consumed by Chinese
producers/exporters of steel racks was
not reasonably available to the
petitioner, the petitioner used the
consumption rates of a U.S. steel racks
producer to estimate the Chinese
manufacturers’ FOPs.43 The petitioner
valued the estimated FOPs using
surrogate values from Brazil, as noted
above.44 The petitioner used the average
39 See Antidumping Duty Investigation of Certain
Aluminum Foil from the People’s Republic of
China: Affirmative Preliminary Determination of
Sales at Less-Than-Fair Value and Postponement of
Final Determination, 82 FR 50858, 50861
(November 2, 2017), and accompanying decision
memorandum, China’s Status as a Non-Market
Economy, unchanged in Certain Aluminum Foil
from the People’s Republic of China: Final
Determination of Sales at Less Than Fair Value, 83
FR 9282 (March 5, 2018).
40 See China AD Initiation Checklist.
41 See Volume II of the Petition, at 1–2 and
Exhibits II–1 and II–2.
42 Id. at 5–7 and Exhibits II–7 through II–15.
43 See Volume II of the Petition at 5–7 and Exhibit
II–7 and AD Supplement at 2–3 and Exhibit 3.
44 Id. at 5–7 and Exhibits II–7 through II–15.
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POI exchange rate to convert surrogate
values expressed in Brazilian reals to
U.S. dollars.45
Fair Value Comparisons
Based on the data provided by the
petitioner, there is reason to believe that
imports of steel racks from China are
being, or are likely to be, sold in the
United States at less than fair value.
Based on comparisons of EP to NV in
accordance with sections 772 and 773 of
the Act, the estimated dumping margins
for steel racks from China are 130.0–
144.5 percent.46
Initiation of Less-Than-Fair-Value
Investigation
Based upon the examination of the
Petition, we find that the Petition meets
the requirements of section 732 of the
Act. Therefore, we are initiating an AD
investigation to determine whether
imports of steel racks from China are
being, or are likely to be, sold in the
United States at less than fair value. In
accordance with section 733(b)(1)(A) of
the Act and 19 CFR 351.205(b)(1),
unless postponed, we will make our
preliminary determination no later than
140 days after the date of this initiation.
daltland on DSKBBV9HB2PROD with NOTICES
Respondent Selection
The petitioner named 93 producers/
exporters as accounting for the majority
of exports of steel racks to the United
States from China.47 In accordance with
our standard practice for respondent
selection in AD cases involving NME
countries, we intend to issue quantity
and value (Q&V) questionnaires to
producers/exporters of merchandise
subject to this investigation. In the event
Commerce determines that it cannot
individually examine each company,
where appropriate, Commerce intends
to select mandatory respondents based
on the responses received to its Q&V
questionnaire. Commerce will request
Q&V information from known exporters
and producers identified with complete
contact information in the Petition. In
addition, Commerce will post the Q&V
questionnaires along with filing
instructions on Enforcement and
Compliance’s website at https://
www.trade.gov/enforcement/news.asp.
Producers/exporters of steel racks
from China that do not receive Q&V
questionnaires by mail may still submit
a response to the Q&V questionnaire
and can obtain a copy of the Q&V
questionnaire from Enforcement &
Compliance’s website. The Q&V
45 Id.
at Exhibit II–9.
China AD Initiation Checklist.
47 See Volume I of the Petition at Exhibit I–6; see
also General Issues Supplement, at 1 and Exhibit 1.
46 See
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33199
questionnaire response must be
submitted by the relevant Chinese
exporters/producers no later than 5:00
p.m. ET on July 24, 2018, which is two
weeks from the signature date of this
notice. All Q&V responses must be filed
electronically via ACCESS.
referred to as the application of ‘‘combination
rates’’ because such rates apply to specific
combinations of exporters and one or more
producers. The cash-deposit rate assigned to
an exporter will apply only to merchandise
both exported by the firm in question and
produced by a firm that supplied the exporter
during the period of investigation.50
Separate Rates
In order to obtain separate-rate status
in an NME investigation, exporters and
producers must submit a separate-rate
application.48 The specific requirements
for submitting a separate-rate
application in this investigation are
outlined in detail in the application
itself, which is available on Commerce’s
website at https://enforcement.trade.gov/
nme/nme-sep-rate.html. The separaterate application will be due 30 days
after publication of this initiation
notice.49 Exporters and producers who
submit a separate-rate application and
have been selected as mandatory
respondents will be eligible for
consideration for separate-rate status
only if they respond to all parts of
Commerce’s AD questionnaire as
mandatory respondents. Commerce
requires that companies from China
submit a response to both the Q&V
questionnaire and the separate-rate
application by the respective deadlines
in order to receive consideration for
separate-rate status. Companies not
filing a timely Q&V questionnaire
response will not receive separate-rate
consideration.
Distribution of Copies of the Petition
In accordance with section
732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version
of the Petition have been provided to
the government of China via ACCESS.
To the extent practicable, we will
attempt to provide a copy of the public
version of the Petition to each exporter
named in the Petition, as provided
under 19 CFR 351.203(c)(2).
Use of Combination Rates
Commerce will calculate combination
rates for certain respondents that are
eligible for a separate rate in an NME
investigation. The Separate Rates and
Combination Rates Bulletin states:
Submission of Factual Information
Factual information is defined in 19
CFR 351.102(b)(21) as: (i) Evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors under 19
CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by Commerce; and (v)
evidence other than factual information
described in (i)–(iv). 19 CFR 351.301(b)
requires any party, when submitting
factual information, to specify under
which subsection of 19 CFR
351.102(b)(21) the information is being
submitted 52 and, if the information is
submitted to rebut, clarify, or correct
factual information already on the
record, to provide an explanation
identifying the information already on
the record that the factual information
seeks to rebut, clarify, or correct.53 Time
limits for the submission of factual
{w}hile continuing the practice of assigning
separate rates only to exporters, all separate
rates that the Department will now assign in
its NME Investigation will be specific to
those producers that supplied the exporter
during the period of investigation. Note,
however, that one rate is calculated for the
exporter and all of the producers which
supplied subject merchandise to it during the
period of investigation. This practice applies
both to mandatory respondents receiving an
individually calculated separate rate as well
as the pool of non-investigated firms
receiving the weighted-average of the
individually calculated rates. This practice is
48 See Policy Bulletin 05.1: Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigation involving Non-Market
Economy Countries (April 5, 2005), available at
https://enforcement.trade.gov/policy/bull05-1.pdf
(Policy Bulletin 05.1).
49 Although in past investigations this deadline
was 60 days, consistent with 19 CFR 351.301(a),
which states that ‘‘the Secretary may request any
person to submit factual information at any time
during a proceeding,’’ this deadline is now 30 days.
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ITC Notification
We will notify the ITC of our
initiation, as required by section 732(d)
of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the Petition was filed, whether there is
a reasonable indication that imports of
steel racks from China are materially
injuring or threatening material injury to
a U.S. industry. A negative ITC
determination will result in the
investigation being terminated.51
Otherwise, the investigation will
proceed according to statutory and
regulatory time limits.
50 See
Policy Bulletin 05.1 at 6 (emphasis added).
51 Id.
52 See
53 See
E:\FR\FM\17JYN1.SGM
19 CFR 351.301(b).
19 CFR 351.301(b)(2).
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Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Notices
information are addressed in 19 CFR
351.301, which provides specific time
limits based on the type of factual
information being submitted. Interested
parties should review the regulations
prior to submitting factual information
in this investigation.
Extensions of Time Limits
Parties may request an extension of
time limits before the expiration of a
time limit established under 19 CFR
351.301, or as otherwise specified by the
Secretary. In general, an extension
request will be considered untimely if it
is filed after the expiration of the time
limit established under 19 CFR 351.301.
For submissions that are due from
multiple parties simultaneously, an
extension request will be considered
untimely if it is filed after 10:00 a.m. ET
on the due date. Under certain
circumstances, we may elect to specify
a different time limit by which
extension requests will be considered
untimely for submissions which are due
from multiple parties simultaneously. In
such a case, we will inform parties in a
letter or memorandum of the deadline
(including a specified time) by which
extension requests must be filed to be
considered timely. An extension request
must be made in a separate, stand-alone
submission; under limited
circumstances we will grant untimelyfiled requests for the extension of time
limits. Parties should review Extension
of Time Limits; Final Rule, 78 FR 57790
(September 20, 2013), available at
https://www.gpo.gov/fdsys/pkg/FR-201309-20/html/2013-22853.htm, prior to
submitting factual information in this
investigation.
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.54
Parties must use the certification
formats provided in 19 CFR
351.303(g).55 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
daltland on DSKBBV9HB2PROD with NOTICES
Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305. On
54 See
section 782(b) of the Act.
also Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule). Answers to frequently asked
questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
55 See
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17:07 Jul 16, 2018
Jkt 244001
January 22, 2008, Commerce published
Antidumping and Countervailing Duty
Proceedings: Documents Submission
Procedures; APO Procedures, 73 FR
3634 (January 22, 2008). Parties wishing
to participate in this investigation
should ensure that they meet the
requirements of these procedures (e.g.,
the filing of letters of appearance as
discussed at 19 CFR 351.103(d)).
This notice is issued and published
pursuant to sections 732(c)(2) and 777(i)
of the Act, and 19 CFR 351.203(c).
Dated: July 10, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
Scope of the Investigation
The merchandise covered by this
investigation is steel racks and parts thereof,
assembled, to any extent, or unassembled,
including but not limited to, vertical
components (e.g., uprights, posts, or
columns), horizontal or diagonal components
(e.g., arms or beams), braces, frames, locking
devices (i.e., end plates and beam
connectors), and accessories (including, but
not limited to, rails, skid channels, skid rails,
drum/coil beds, fork clearance bars, pallet
supports, column and post protectors, end
row and end aisle protectors, corner guards,
row spacers, and wall ties). Subject steel
racks and parts thereof are made of steel,
including, but not limited to, cold and/or
hot-formed steel, regardless of the type of
steel used to produce the components and
may, or may not, include locking tabs, slots,
or bolted, clamped, or welded connections.
Steel rack components can be assembled
into structures of various dimensions and
configurations by welding, bolting, clipping,
or with the use of devices such as clips, end
plates, and beam connectors, including, but
not limited to the following configurations:
(1) Racks with upright frames perpendicular
to the aisles that are independently
adjustable, with positive locking beams
parallel to the aisle spanning the upright
frames with braces; and (2) cantilever racks
with vertical components parallel to the aisle
and cantilever beams or arms connected to
the vertical components perpendicular to the
aisle. Steel racks may be referred to as pallet
racks, storage racks, stacker racks, retail
racks, pick modules, selective racks, or
cantilever racks and may incorporate moving
components and be referred to as pallet-flow
racks, carton-flow racks, push-back racks,
movable-shelf racks, drive-in racks, and
drive-through racks. While steel racks may be
made to ANSI MH16.l or ANSI MH16.3
standards, all steel racks and parts thereof
meeting the description set out herein are
covered by the scope of this investigation,
whether or not produced according to a
particular standard.
The scope includes all steel racks and parts
thereof meeting the description above,
regardless of
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
(1) dimensions, weight, strength, gauge, or
load rating;
(2) vertical components or frame type
(including structural, roll-form, or other);
(3) horizontal support or beam/brace type
(including but not limited to structural, rollform, slotted, unslotted, Z-beam, C-beam, Lbeam, step beam, and cantilever beam);
(4) number of supports;
(5) number of levels;
(6) surface coating, if any (including but
not limited to paint, epoxy, powder coating,
zinc, or other metallic coatings);
(7) shape (including but not limited to
rectangular, square, corner, and cantilever);
(8) the method by which the vertical and
horizontal supports connect (including but
not limited to locking tabs or slots, bolting,
clamping, and welding); and
(9) whether or not the steel rack has
moving components (including but not
limited to rails, wheels, rollers, tracks,
channels, carts, and conveyors).
Subject merchandise includes merchandise
matching the above description that has been
finished or packaged in a third country.
Finishing includes, but is not limited to,
coating, painting, or assembly, including
attaching the merchandise to another
product, or any other finishing or assembly
operation that would not remove the
merchandise from the scope of the
investigation if performed in the country of
manufacture of the steel racks and parts
thereof. Packaging includes packaging the
merchandise with or without another
product or any other packaging operation
that would not remove the merchandise from
the scope of the investigation if performed in
the country of manufacture of the steel racks
and parts thereof.
Steel racks and parts thereof are included
in the scope of this investigation whether or
not imported attached to, or included with,
other parts or accessories such as wire
decking, nuts, and bolts. If steel racks and
parts thereof are imported attached to, or
included with, such non-subject
merchandise, only the steel racks and parts
thereof are included in the scope.
The scope of this investigation does not
cover: (1) Decks, i.e., shelving that sits on or
fits into the horizontal supports to provide
the horizontal storage surface of the steel
racks; (2) wire shelving units, i.e., shelves
made from wire that incorporate both a wire
deck and wire horizontal supports (taking the
place of the horizontal beams and braces)
into a single piece with tubular collars that
slide over the posts and onto plastic sleeves
snapped on the posts to create a finished
unit; (3) pins, nuts, bolts, washers, and clips
used as connecting devices; and 4) non-steel
components.
Specifically excluded from the scope of
this investigation are any products covered
by Commerce’s existing antidumping and
countervailing duty orders on boltless steel
shelving units prepackaged for sale from the
People’s Republic of China. See Boltless Steel
Shelving Units Prepackaged for Sale From
the People’s Republic of China: Antidumping
Duty Order, 80 FR 63,741 (October 21, 2017);
Boltless Steel Shelving Units Prepackaged for
Sale From the People’s Republic of China:
Amended Final Affirmative Countervailing
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Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Notices
Duty Determination and Countervailing Duty
Order, 80 FR 63,745 (October 21, 2017). Also
excluded from the scope of this investigation
are bulk-packed parts or components of
boltless steel shelving units that were
specifically excluded from the scope of the
Boltless Steel Shelving Orders because such
bulk-packed parts or components do not
contain the steel vertical supports (i.e.,
uprights and posts) and steel horizontal
supports (i.e., beams, braces) packaged
together for assembly into a completed
boltless steel shelving unit.
Merchandise covered by this investigation
is currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS)
under the following subheadings:
7326.90.8688, 9403.20.0080, and
9403.90.8041. Subject merchandise may also
enter under subheadings 7308.90.3000,
7308.90.6000, 7308.90.9590, and
9403.20.0090. The HTSUS subheadings are
provided for convenience and U.S. Customs
purposes only. The written description of the
scope is dispositive.
[FR Doc. 2018–15225 Filed 7–16–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–089]
Certain Steel Racks From the People’s
Republic: Initiation of Countervailing
Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable July 10, 2018.
FOR FURTHER INFORMATION CONTACT: Eli
Lovely or Robert Galantucci at (202)
482–1593 or (202) 482–2923,
respectively, AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
daltland on DSKBBV9HB2PROD with NOTICES
AGENCY:
The Petition
On June 20, 2018, the U.S.
Department of Commerce (Commerce)
received a countervailing duty (CVD)
Petition concerning imports of certain
steel racks (steel racks) from the
People’s Republic of China (China),
filed in proper form on behalf of the
Coalition for Fair Rack Imports (the
petitioner), the members of which are
domestic producers of steel racks.1 The
CVD Petition was accompanied by an
antidumping duty (AD) Petition
1 See the petitioner’s Letter, ‘‘Petitions for the
Imposition of Antidumping Duties and
Countervailing Duties: Steel Racks from the
People’s Republic of China,’’ dated June 20, 2018
(the Petition).
VerDate Sep<11>2014
17:07 Jul 16, 2018
Jkt 244001
concerning imports of steel racks from
China.
On June 22, 2018, Commerce
requested supplemental information
pertaining to certain aspects of the
Petition in two separate supplemental
questionnaires, one dealing with CVD
programs and one primarily with scope
clarification issues.2 The petitioner filed
additional information on June 26,
2018.3
On June 28, 2018, Commerce
requested supplemental information
pertaining to industry support and
import statistics.4 The petitioner filed a
response to Commerce’s request on July
2, 2018.5 On July 5, 2018, we spoke with
the petitioner regarding the scope
language submitted in its July 2, 2018,
submission.6 On July 9, 2018, the
petitioner filed an amendment to the
scope, further clarifying the scope
language.7
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), the petitioner alleges that the
Government of China (GOC) is
providing countervailable subsidies,
within the meaning of sections 701 and
771(5) of the Act, to producers of steel
racks in China and that imports of such
products are materially injuring, or
threatening material injury to, the
domestic steel racks industry in the
United States. Consistent with section
702(b)(1) of the Act and 19 CFR
351.202(b), for those alleged programs
on which we are initiating a CVD
investigation, the Petition is
accompanied by information reasonably
available to the petitioner supporting its
allegations.
Commerce finds that the petitioner
filed the Petition on behalf of the
domestic industry because the
petitioner is an interested party as
defined in section 771(9)(E) of the Act.
Commerce also finds that the petitioner
demonstrated sufficient industry
2 See Commerce’s Letters, both titled, ‘‘Petitions
for the Imposition of Antidumping and
Countervailing Duties on Imports of Steel Racks
from the People’s Republic of China: Supplemental
Questions,’’ and both dated June 22, 2018.
3 See the petitioner’s Letters, ‘‘Steel Racks from
the People’s Republic of China: Response to
Supplemental Questions—Countervailing Duties,’’
dated June 26, 2018 (CVD Supplement). See ‘‘Steel
Racks from the People’s Republic of China:
Response to Supplemental Questions—General
Issues,’’ dated June 26, 2018 (General Issues
Supplement).
4 See Memoranda, ‘‘Phone Call with Counsel to
the Petitioner,’’ dated June 28, 2018.
5 See the petitioner’s Letter, ‘‘Steel Racks from the
People’s Republic of China—General Issues,’’ dated
July 2, 2018 (Second General Issues Supplement).
6 See Memorandum, ‘‘Phone Call with Counsel to
the Petitioner,’’ dated July 5, 2018.
7 See the petitioner’s Letter, ‘‘Steel Racks from the
People’s Republic of China: Scope Clarification,’’
dated July 9, 2018 (Revised Scope).
PO 00000
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Fmt 4703
Sfmt 4703
33201
support necessary for the initiation of
the requested CVD investigation.8
Period of Investigation
Because the Petition was filed on June
20, 2018, the period of investigation is
January 1, 2017, through December
31, 2017.
Scope of the Investigation
The product covered by this
investigation is steel racks from China.
For a full description of the scope of
these investigations, see the Appendix
to this notice.
Scope Comments
During our review of the Petition,
Commerce received proposed scope
language from the petitioner to ensure
that the scope language in the Petition
is an accurate reflection of the products
for which the domestic industry is
seeking relief.9 As a result of petitioner’s
submissions, the scope of the Petition
was modified to clarify the description
of merchandise covered by the Petition.
The description of the merchandise
covered by this initiation, as described
in the Appendix to this notice, reflects
this clarification.
As discussed in the Preamble to
Commerce’s regulations, we are setting
aside a period for interested parties to
raise issues regarding product coverage
(scope).10 Commerce will consider all
comments received from interested
parties and, if necessary, will consult
with interested parties prior to the
issuance of the preliminary
determination. If scope comments
include factual information,11 all such
factual information should be limited to
public information. To facilitate
preparation of its questionnaires,
Commerce requests that all interested
parties submit such comments by 5:00
p.m. Eastern Time (ET) on July 30, 2018,
which is 20 calendar days from the
signature date of this notice. Any
rebuttal comments, which may include
factual information, must be filed by
5:00 p.m. ET on August 9, 2018, which
is 10 calendar days from the initial
comments deadline.12
Commerce requests that any factual
information parties consider relevant to
the scope of the investigation be
submitted during this period. However,
8 See the ‘‘Determination of Industry Support for
the Petition’’ section, infra.
9 See General Issues Supplement, at 1–9; see also
Revised Scope, at Exhibit 1.
10 See Antidumping Duties; Countervailing
Duties, Final Rule, 62 FR 27296, 27323 (May 19,
1997) (Preamble).
11 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
12 See 19 CFR 351.303(b).
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]]>Agencies
[Federal Register Volume 83, Number 137 (Tuesday, July 17, 2018)]
[Notices]
[Pages 33195-33201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15225]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-088]
Steel Racks From the People's Republic of China: Initiation of
Less-Than-Fair-Value Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable July 10, 2018.
FOR FURTHER INFORMATION CONTACT: Jonathan Hill or Patrick O'Connor at
(202) 482-3518 or (202) 482-0989, respectively; AD/CVD Operations,
Enforcement and Compliance, International Trade Administration,
[[Page 33196]]
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
The Petition
On June 20, 2018, the U.S. Department of Commerce (Commerce)
received an antidumping duty (AD) Petition concerning imports of steel
racks from the People's Republic of China (China), filed in proper form
on behalf of the Coalition of Fair Rack Imports (the petitioner).\1\
The AD Petition was accompanied by a countervailing duty (CVD) Petition
concerning imports of steel racks from China.
---------------------------------------------------------------------------
\1\ See the petitioner's Letter, ``Petitions for the Imposition
of Antidumping and Countervailing Duties: Steel Racks from the
People's Republic of China,'' dated June 20, 2018 (the Petition).
See Volume I of the Petition, at 1-3.
---------------------------------------------------------------------------
On June 22, 2018, Commerce requested supplemental information
pertaining to certain aspects of the Petition in two separate
supplemental questionnaires, one dealing with general issues with the
petition and the other with issues related to Volume II of the
Petition.\2\
---------------------------------------------------------------------------
\2\ See Commerce's Letters, both titled, ``Petitions for the
Imposition of Antidumping and Countervailing Duties on Imports of
Steel Racks from the People's Republic of China: Supplemental
Questions,'' and both dated June 22, 2018.
---------------------------------------------------------------------------
The petitioner filed its responses to the supplemental
questionnaires on June 26.\3\ On June 28, and June 29, 2018, Commerce
requested supplemental information pertaining to certain areas of the
Petition.\4\ The petitioner filed responses to Commerce's requests on
June 29, and July 2, 2018.\5\ On July 5, 2018, we spoke with the
petitioner regarding the scope language submitted in its July 2, 2018
submission.\6\ On July 9, 2018, the petitioner filed an amendment to
the scope, further clarifying the scope language.\7\
---------------------------------------------------------------------------
\3\ See the petitioner's Letters, ``Steel Racks from the
People's Republic of China: Response to Supplemental Questions--
Antidumping Duties, dated June 26, 2018 (AD Supplement). See ``Steel
Racks from the People's Republic of China: Response to Supplemental
Questions--General Issues,'' dated June 26, 2018 (General Issues
Supplement).
\4\ See Memoranda, ``Phone Call with Counsel to the
Petitioner,'' dated June 28, 2018 and Memorandum, ``Phone Call with
Counsel to Petitioners,'' dated June 29, 2018.
\5\ See Steel Racks from the People's Republic of China:
Additional Response to Supplemental Questions--Antidumping Duties,''
dated June 29, 2018 (Second AD Supplement). See ``Steel Racks from
the People's Republic of China: Response to Second Set of
Supplemental Questions--General Issues,'' dated July 2, 2018 (Second
General Issues Supplement). See ``Steel Racks from the People's
Republic of China: Additional Response to Supplemental Questions--
Antidumping Duties,'' dated July 2, 2018 (Third AD Supplement).
---------------------------------------------------------------------------
In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that imports of steel racks
from China are being, or are likely to be, sold in the United States at
less than fair value within the meaning of section 731 of the Act, and
that such imports are materially injuring, or threatening material
injury to, the domestic industry producing steel racks in the United
States. Consistent with section 732(b)(1) of the Act, the Petition is
accompanied by information reasonably available to the petitioner
supporting its allegation.
Commerce finds that the petitioner filed the Petition on behalf of
the domestic industry because the petitioner is an interested party as
defined in section 771(9)(E) of the Act. Commerce also finds that the
petitioner demonstrated sufficient industry support with respect to the
initiation of the AD investigation that the petitioner is
requesting.\8\
---------------------------------------------------------------------------
\8\ See the ``Determination of Industry Support for the
Petition'' section, infra.
---------------------------------------------------------------------------
Period of Investigation
Because China is a non-market economy (NME) country, pursuant to 19
CFR 351.204(b)(1), the period of investigation (POI) is October 1,
2017, through March 31, 2018.
Scope of the Investigation
The product covered by this investigation is steel racks from
China. For a full description of the scope of this investigation, see
the Appendix to this notice.
Scope Comments
During our review of the Petition, Commerce contacted the
petitioner regarding the proposed scope language to ensure that the
scope language in the Petition is an accurate reflection of the
products for which the domestic industry is seeking relief.\9\ As a
result, the scope of the Petition was modified to clarify the
description of merchandise covered by the Petition. The description of
the merchandise covered by this initiation, as described in the
Appendix to this notice, reflects these clarifications.
---------------------------------------------------------------------------
\9\ See General Issues Supplement, at 1-9; see also Revised
Scope, at Exhibit 1.
---------------------------------------------------------------------------
As discussed in the preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (scope).\10\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determination. If scope comments include factual information,\11\ all
such factual information should be limited to public information. To
facilitate preparation of its questionnaires, Commerce requests that
all interested parties submit scope comments by 5:00 p.m. Eastern Time
(ET) on July 30, 2018, which is 20 calendar days from the signature
date of this notice.\12\ Any rebuttal comments, which may include
factual information, must be filed by 5:00 p.m. ET on August 9, 2018,
which is 10 calendar days from the initial comments deadline.
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\10\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\11\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\12\ See 19 CFR 351.303(b).
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Commerce requests that any factual information parties consider
relevant to the scope of the investigation be submitted during this
period. However, if a party subsequently finds that additional factual
information pertaining to the scope of the investigation may be
relevant, the party may contact Commerce and request permission to
submit the additional information. All such submissions must be filed
on the records of the concurrent AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically using
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS).\13\ An electronically
filed document must be received successfully in its entirety by the
time and date it is due. Documents exempted from the electronic
submission requirements must be filed manually (i.e., in paper form)
with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230, and stamped with the date and time of receipt by the applicable
deadlines.
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\13\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on help using
ACCESS can be found at https://access.trade.gov/help.aspx and a
handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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Comments on Product Characteristics for AD Questionnaire
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics
[[Page 33197]]
of steel racks to be reported in response to Commerce's AD
questionnaire. This information will be used to identify the key
physical characteristics of the merchandise under consideration in
order to report the relevant factors of production accurately, as well
as to develop appropriate product-comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. In order to consider the suggestions of
interested parties in developing and issuing the AD questionnaire, all
product characteristics comments must be filed by 5:00 p.m. ET on July
30, 2018, which is 20 calendar days from the signature date of this
notice.\14\ Any rebuttal comments must be filed by 5:00 p.m. ET on
August 9, 2018. All comments and submissions to Commerce must be filed
electronically using ACCESS, as explained above, on the record of the
China less-than-fair-value investigation.
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\14\ See 19 CFR 351.303(b).
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Determination of Industry Support for the Petition
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\15\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\16\
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\15\ See section 771(10) of the Act.
\16\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigation.\17\ Based on our analysis of the information
submitted on the record, we have determined that steel racks, as
defined in the scope, constitute a single domestic like product, and we
have analyzed industry support in terms of that domestic like
product.\18\
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\17\ See Volume I of the Petition, at 11-13 and Exhibit I-9; see
also General Issues Supplement, at 9-10.
\18\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Antidumping Duty Investigation Initiation Checklist: Steel Racks
from the People's Republic of China (China AD Initiation Checklist),
at Attachment II, Analysis of Industry Support for the Antidumping
and Countervailing Duty Petitions Covering Steel Racks from the
People's Republic of China (Attachment II). This checklist is dated
concurrently with this notice and on file electronically via ACCESS.
Access to documents filed via ACCESS is also available in the
Central Records Unit, Room B8024 of the main Department of Commerce
building.
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In determining whether the petitioner has standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' in the Appendix to
this notice. To establish industry support, the petitioner provided its
own 2017 shipments of the domestic like product and compared this to
the estimated total shipments of the domestic like product for the
entire domestic industry.\19\ The petitioner explained that it relied
on shipment data because production data for the entire domestic
industry were not available.\20\ In addition, the petitioner contends
that shipments are a reasonable proxy for data on production of steel
racks.\21\ We relied on data the petitioner provided for purposes of
measuring industry support.\22\
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\19\ See Volume I of the Petition, at 3-5 and Exhibits I-2 and
I-3; see also General Issues Supplement, at 10-11 and Exhibit 5; see
also Second General Issues Supplement, at 3-4 and Exhibits 1 and 2.
\20\ See Volume I of the Petition, at 4-5 and Exhibit I-2.
\21\ Id. at 4 Exhibit I-3; see also Second General Issues
Supplement, at 4.
\22\ See Volume I of the Petition, at 4-5 and Exhibit I-2; see
also General Issues Supplement, at 10-11 and Exhibit 5; see also
Second General Issues Supplement, at 3-4 and Exhibits 1 and 2.
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In its July 3, 2018, letter, Jiaxing Zhongda Import & Export Co.,
Ltd. (Jiaxing Zhongda), a Chinese exporter/producer, submitted comments
on industry support and requested that Commerce poll the industry to
determine industry support.\23\ The petitioner responded to these
comments in the Industry Support Supplement, dated July 3, 2018.\24\ In
a letter dated July 5, 2018, Guangdong Wireking Housewares and Hardware
Co., Ltd. (Guangdong Wireking), a Chinese exporter/producer, submitted
comments on industry support and requested that Commerce poll the
industry to determine industry support.\25\ The petitioner responded to
Guangdong Wireking's comments on July 6, 2018.\26\ In a letter dated
July 9, 2018, United Material Handling (UMH), a U.S. importer of
subject merchandise, submitted comments on industry support and
requested that Commerce poll the industry to determine industry
support.\27\ The petitioner responded to these comments in the Third
Industry Support Supplement, dated July 10,
[[Page 33198]]
2018.\28\ For further discussion of these comments, see Attachment II
of the China AD Initiation Checklist.
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\23\ See Jiaxing Zhongda's Letter, ``Steel Racks from the
People's Republic of China: Pre-Initiation Industry Support
Comments, dated July 3, 2018 (Jiaxing Zhongda Letter).
\24\ See the petitioner's Letter, ``Steel Racks from the
People's Republic of China: Response to Industry Support Comments,''
dated July 3, 2018 (Industry Support Supplement).
\25\ See Guangdong Wireking Letter, ``Steel Racks from the
People's Republic of China: Pre-Initiation Industry Support
Comments,'' dated July 5, 2018 (Guangdong Wireking Letter).
\26\ See the petitioner's Letter, ``Steel Racks from the
People's Republic of China: Response to Industry Support Comments,''
dated July 6, 2018 (Second Industry Support Supplement).
\27\ See UMH's Letter, ``Steel Racks from the People's Republic
of China Pre-Initiation Comments on Industry Support, dated July 9,
2018) (UMH Letter).
\28\ See the peitioner's Letter, ``Steel Racks from the People's
Republic of China: Response to UMH's Industry Support Comments,''
dated July 10, 2018 (Third Industry Support Supplement).
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Our review of the data provided in the Petition, the General Issues
Supplement, the Second General Issues Supplement, letters from Jiaxing
Zhongda, Guangdong Wireking, and UMH, the Industry Support Supplement,
the Second Industry Support Supplement, the Third Industry Support
Supplement, and other information readily available to Commerce
indicates that the petitioner has established industry support for the
Petition.\29\ First, the Petition established support from domestic
producers (or workers) accounting for more than 50 percent of the total
production of the domestic like product and, as such, Commerce is not
required to take further action in order to evaluate industry support
(e.g., polling).\30\ Second, the domestic producers (or workers) have
met the statutory criteria for industry support under section
732(c)(4)(A)(i) of the Act because the domestic producers (or workers)
who support the Petition account for at least 25 percent of the total
production of the domestic like product.\31\ Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 732(c)(4)(A)(ii) of the Act because the domestic
producers (or workers) who support the Petition account for more than
50 percent of the production of the domestic like product produced by
that portion of the industry expressing support for, or opposition to,
the Petition.\32\ Accordingly, Commerce determines that the Petition
was filed on behalf of the domestic industry within the meaning of
section 732(b)(1) of the Act.
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\29\ See China AD Initiation Checklist, at Attachment II.
\30\ Id.; see also section 732(c)(4)(D) of the Act.
\31\ See China AD Initiation Checklist, at Attachment II.
\32\ Id.
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Commerce finds that the petitioner filed the Petition on behalf of
the domestic industry because it is an interested party as defined in
section 771(9)(E) of the Act and it has demonstrated sufficient
industry support with respect to the AD investigation that it is
requesting that Commerce initiate.\33\
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\33\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioner alleges that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at less than normal value (NV). In addition, the
petitioner alleges that subject imports exceed the negligibility
threshold provided for under section 771(24)(A) of the Act.\34\
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\34\ See Volume I of the Petition, at 17 and Exhibit I-13.
---------------------------------------------------------------------------
The petitioner contends that the industry's injured condition is
illustrated by a significant and increasing volume of subject imports;
reduced market share; underselling and price depression or suppression;
lost sales and lost revenues; decline in production, quantity of U.S.
shipments, and capacity utilization rate; and decline in the domestic
industry's profitability.\35\ We have assessed the allegations and
supporting evidence regarding material injury, threat of material
injury, and causation, and we have determined that these allegations
are properly supported by adequate evidence, and meet the statutory
requirements for initiation.\36\
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\35\ See Volume I of the Petition, at 14-28 and Exhibits I-3, I-
13, and I-15 through I-24; see also General Issues Supplement, at
11-12 and Exhibit 6; and Second General Issues Supplement, at 4-5.
\36\ See China AD Initiation Checklist at Attachment III,
Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Steel Racks from the People's Republic of China.
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Allegations of Sales at Less Than Fair Value
The following is a description of the allegations of sales at less
than fair value upon which Commerce based its decision to initiate an
AD investigation of imports of steel racks from China. The sources of
data for the deductions and adjustments relating to U.S. price and NV
are discussed in greater detail in the China AD Initiation Checklist.
Export Price
The petitioner based U.S. export prices (EP) on price quotes.\37\
Where applicable, the petitioner made deductions from U.S. price for
distributor markup, movement and other expenses, consistent with the
terms of sale.\38\
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\37\ See China AD Initiation Checklist.
\38\ Id.
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Normal Value
Commerce considers China to be an NME country.\39\ In accordance
with section 771(18)(C)(i) of the Act, any determination that a foreign
country is an NME country shall remain in effect until revoked by
Commerce. Therefore, we continue to treat China as an NME country for
purposes of the initiation of this investigation. Accordingly, NV in
China is appropriately based on factors of production (FOPs) valued in
a surrogate market economy country, in accordance with section 773(c)
of the Act.\40\
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\39\ See Antidumping Duty Investigation of Certain Aluminum Foil
from the People's Republic of China: Affirmative Preliminary
Determination of Sales at Less-Than-Fair Value and Postponement of
Final Determination, 82 FR 50858, 50861 (November 2, 2017), and
accompanying decision memorandum, China's Status as a Non-Market
Economy, unchanged in Certain Aluminum Foil from the People's
Republic of China: Final Determination of Sales at Less Than Fair
Value, 83 FR 9282 (March 5, 2018).
\40\ See China AD Initiation Checklist.
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The petitioner claims that Brazil is an appropriate surrogate
country for China because it is a market economy country that is at a
level of economic development comparable to that of China and it is a
significant producer of comparable merchandise.\41\ The petitioner
provided publicly available information from Brazil to value all
FOPs.\42\ Therefore, based on the information provided by the
petitioner, we determine that it is appropriate to use Brazil as the
primary surrogate country for initiation purposes.
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\41\ See Volume II of the Petition, at 1-2 and Exhibits II-1 and
II-2.
\42\ Id. at 5-7 and Exhibits II-7 through II-15.
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Interested parties will have the opportunity to submit comments
regarding surrogate country selection and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an opportunity to submit publicly
available information to value FOPs within 30 days before the scheduled
date of the preliminary determination.
Factors of Production
Based on its assertion that information regarding the FOPs and
volume of inputs consumed by Chinese producers/exporters of steel racks
was not reasonably available to the petitioner, the petitioner used the
consumption rates of a U.S. steel racks producer to estimate the
Chinese manufacturers' FOPs.\43\ The petitioner valued the estimated
FOPs using surrogate values from Brazil, as noted above.\44\ The
petitioner used the average
[[Page 33199]]
POI exchange rate to convert surrogate values expressed in Brazilian
reals to U.S. dollars.\45\
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\43\ See Volume II of the Petition at 5-7 and Exhibit II-7 and
AD Supplement at 2-3 and Exhibit 3.
\44\ Id. at 5-7 and Exhibits II-7 through II-15.
\45\ Id. at Exhibit II-9.
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Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to
believe that imports of steel racks from China are being, or are likely
to be, sold in the United States at less than fair value. Based on
comparisons of EP to NV in accordance with sections 772 and 773 of the
Act, the estimated dumping margins for steel racks from China are
130.0-144.5 percent.\46\
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\46\ See China AD Initiation Checklist.
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Initiation of Less-Than-Fair-Value Investigation
Based upon the examination of the Petition, we find that the
Petition meets the requirements of section 732 of the Act. Therefore,
we are initiating an AD investigation to determine whether imports of
steel racks from China are being, or are likely to be, sold in the
United States at less than fair value. In accordance with section
733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless postponed, we
will make our preliminary determination no later than 140 days after
the date of this initiation.
Respondent Selection
The petitioner named 93 producers/exporters as accounting for the
majority of exports of steel racks to the United States from China.\47\
In accordance with our standard practice for respondent selection in AD
cases involving NME countries, we intend to issue quantity and value
(Q&V) questionnaires to producers/exporters of merchandise subject to
this investigation. In the event Commerce determines that it cannot
individually examine each company, where appropriate, Commerce intends
to select mandatory respondents based on the responses received to its
Q&V questionnaire. Commerce will request Q&V information from known
exporters and producers identified with complete contact information in
the Petition. In addition, Commerce will post the Q&V questionnaires
along with filing instructions on Enforcement and Compliance's website
at https://www.trade.gov/enforcement/news.asp.
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\47\ See Volume I of the Petition at Exhibit I-6; see also
General Issues Supplement, at 1 and Exhibit 1.
---------------------------------------------------------------------------
Producers/exporters of steel racks from China that do not receive
Q&V questionnaires by mail may still submit a response to the Q&V
questionnaire and can obtain a copy of the Q&V questionnaire from
Enforcement & Compliance's website. The Q&V questionnaire response must
be submitted by the relevant Chinese exporters/producers no later than
5:00 p.m. ET on July 24, 2018, which is two weeks from the signature
date of this notice. All Q&V responses must be filed electronically via
ACCESS.
Separate Rates
In order to obtain separate-rate status in an NME investigation,
exporters and producers must submit a separate-rate application.\48\
The specific requirements for submitting a separate-rate application in
this investigation are outlined in detail in the application itself,
which is available on Commerce's website at https://enforcement.trade.gov/nme/nme-sep-rate.html. The separate-rate
application will be due 30 days after publication of this initiation
notice.\49\ Exporters and producers who submit a separate-rate
application and have been selected as mandatory respondents will be
eligible for consideration for separate-rate status only if they
respond to all parts of Commerce's AD questionnaire as mandatory
respondents. Commerce requires that companies from China submit a
response to both the Q&V questionnaire and the separate-rate
application by the respective deadlines in order to receive
consideration for separate-rate status. Companies not filing a timely
Q&V questionnaire response will not receive separate-rate
consideration.
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\48\ See Policy Bulletin 05.1: Separate-Rates Practice and
Application of Combination Rates in Antidumping Investigation
involving Non-Market Economy Countries (April 5, 2005), available at
https://enforcement.trade.gov/policy/bull05-1.pdf (Policy Bulletin
05.1).
\49\ Although in past investigations this deadline was 60 days,
consistent with 19 CFR 351.301(a), which states that ``the Secretary
may request any person to submit factual information at any time
during a proceeding,'' this deadline is now 30 days.
---------------------------------------------------------------------------
Use of Combination Rates
Commerce will calculate combination rates for certain respondents
that are eligible for a separate rate in an NME investigation. The
Separate Rates and Combination Rates Bulletin states:
{w{time} hile continuing the practice of assigning separate rates
only to exporters, all separate rates that the Department will now
assign in its NME Investigation will be specific to those producers
that supplied the exporter during the period of investigation. Note,
however, that one rate is calculated for the exporter and all of the
producers which supplied subject merchandise to it during the period
of investigation. This practice applies both to mandatory
respondents receiving an individually calculated separate rate as
well as the pool of non-investigated firms receiving the weighted-
average of the individually calculated rates. This practice is
referred to as the application of ``combination rates'' because such
rates apply to specific combinations of exporters and one or more
producers. The cash-deposit rate assigned to an exporter will apply
only to merchandise both exported by the firm in question and
produced by a firm that supplied the exporter during the period of
investigation.\50\
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\50\ See Policy Bulletin 05.1 at 6 (emphasis added).
---------------------------------------------------------------------------
Distribution of Copies of the Petition
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the Petition have been
provided to the government of China via ACCESS. To the extent
practicable, we will attempt to provide a copy of the public version of
the Petition to each exporter named in the Petition, as provided under
19 CFR 351.203(c)(2).
ITC Notification
We will notify the ITC of our initiation, as required by section
732(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of steel racks from China are materially
injuring or threatening material injury to a U.S. industry. A negative
ITC determination will result in the investigation being
terminated.\51\ Otherwise, the investigation will proceed according to
statutory and regulatory time limits.
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\51\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). 19 CFR 351.301(b) requires any
party, when submitting factual information, to specify under which
subsection of 19 CFR 351.102(b)(21) the information is being submitted
\52\ and, if the information is submitted to rebut, clarify, or correct
factual information already on the record, to provide an explanation
identifying the information already on the record that the factual
information seeks to rebut, clarify, or correct.\53\ Time limits for
the submission of factual
[[Page 33200]]
information are addressed in 19 CFR 351.301, which provides specific
time limits based on the type of factual information being submitted.
Interested parties should review the regulations prior to submitting
factual information in this investigation.
---------------------------------------------------------------------------
\52\ See 19 CFR 351.301(b).
\53\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------
Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by the Secretary. In general, an extension request
will be considered untimely if it is filed after the expiration of the
time limit established under 19 CFR 351.301. For submissions that are
due from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, we may elect to specify a different time
limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, we will inform parties in a letter or memorandum of the
deadline (including a specified time) by which extension requests must
be filed to be considered timely. An extension request must be made in
a separate, stand-alone submission; under limited circumstances we will
grant untimely-filed requests for the extension of time limits. Parties
should review Extension of Time Limits; Final Rule, 78 FR 57790
(September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information
in this investigation.
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\54\
Parties must use the certification formats provided in 19 CFR
351.303(g).\55\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\54\ See section 782(b) of the Act.
\55\ See also Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to
frequently asked questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce
published Antidumping and Countervailing Duty Proceedings: Documents
Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008).
Parties wishing to participate in this investigation should ensure that
they meet the requirements of these procedures (e.g., the filing of
letters of appearance as discussed at 19 CFR 351.103(d)).
This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: July 10, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigation
The merchandise covered by this investigation is steel racks and
parts thereof, assembled, to any extent, or unassembled, including
but not limited to, vertical components (e.g., uprights, posts, or
columns), horizontal or diagonal components (e.g., arms or beams),
braces, frames, locking devices (i.e., end plates and beam
connectors), and accessories (including, but not limited to, rails,
skid channels, skid rails, drum/coil beds, fork clearance bars,
pallet supports, column and post protectors, end row and end aisle
protectors, corner guards, row spacers, and wall ties). Subject
steel racks and parts thereof are made of steel, including, but not
limited to, cold and/or hot-formed steel, regardless of the type of
steel used to produce the components and may, or may not, include
locking tabs, slots, or bolted, clamped, or welded connections.
Steel rack components can be assembled into structures of
various dimensions and configurations by welding, bolting, clipping,
or with the use of devices such as clips, end plates, and beam
connectors, including, but not limited to the following
configurations: (1) Racks with upright frames perpendicular to the
aisles that are independently adjustable, with positive locking
beams parallel to the aisle spanning the upright frames with braces;
and (2) cantilever racks with vertical components parallel to the
aisle and cantilever beams or arms connected to the vertical
components perpendicular to the aisle. Steel racks may be referred
to as pallet racks, storage racks, stacker racks, retail racks, pick
modules, selective racks, or cantilever racks and may incorporate
moving components and be referred to as pallet-flow racks, carton-
flow racks, push-back racks, movable-shelf racks, drive-in racks,
and drive-through racks. While steel racks may be made to ANSI
MH16.l or ANSI MH16.3 standards, all steel racks and parts thereof
meeting the description set out herein are covered by the scope of
this investigation, whether or not produced according to a
particular standard.
The scope includes all steel racks and parts thereof meeting the
description above, regardless of
(1) dimensions, weight, strength, gauge, or load rating;
(2) vertical components or frame type (including structural,
roll-form, or other);
(3) horizontal support or beam/brace type (including but not
limited to structural, roll-form, slotted, unslotted, Z-beam, C-
beam, L-beam, step beam, and cantilever beam);
(4) number of supports;
(5) number of levels;
(6) surface coating, if any (including but not limited to paint,
epoxy, powder coating, zinc, or other metallic coatings);
(7) shape (including but not limited to rectangular, square,
corner, and cantilever);
(8) the method by which the vertical and horizontal supports
connect (including but not limited to locking tabs or slots,
bolting, clamping, and welding); and
(9) whether or not the steel rack has moving components
(including but not limited to rails, wheels, rollers, tracks,
channels, carts, and conveyors).
Subject merchandise includes merchandise matching the above
description that has been finished or packaged in a third country.
Finishing includes, but is not limited to, coating, painting, or
assembly, including attaching the merchandise to another product, or
any other finishing or assembly operation that would not remove the
merchandise from the scope of the investigation if performed in the
country of manufacture of the steel racks and parts thereof.
Packaging includes packaging the merchandise with or without another
product or any other packaging operation that would not remove the
merchandise from the scope of the investigation if performed in the
country of manufacture of the steel racks and parts thereof.
Steel racks and parts thereof are included in the scope of this
investigation whether or not imported attached to, or included with,
other parts or accessories such as wire decking, nuts, and bolts. If
steel racks and parts thereof are imported attached to, or included
with, such non-subject merchandise, only the steel racks and parts
thereof are included in the scope.
The scope of this investigation does not cover: (1) Decks, i.e.,
shelving that sits on or fits into the horizontal supports to
provide the horizontal storage surface of the steel racks; (2) wire
shelving units, i.e., shelves made from wire that incorporate both a
wire deck and wire horizontal supports (taking the place of the
horizontal beams and braces) into a single piece with tubular
collars that slide over the posts and onto plastic sleeves snapped
on the posts to create a finished unit; (3) pins, nuts, bolts,
washers, and clips used as connecting devices; and 4) non-steel
components.
Specifically excluded from the scope of this investigation are
any products covered by Commerce's existing antidumping and
countervailing duty orders on boltless steel shelving units
prepackaged for sale from the People's Republic of China. See
Boltless Steel Shelving Units Prepackaged for Sale From the People's
Republic of China: Antidumping Duty Order, 80 FR 63,741 (October 21,
2017); Boltless Steel Shelving Units Prepackaged for Sale From the
People's Republic of China: Amended Final Affirmative Countervailing
[[Page 33201]]
Duty Determination and Countervailing Duty Order, 80 FR 63,745
(October 21, 2017). Also excluded from the scope of this
investigation are bulk-packed parts or components of boltless steel
shelving units that were specifically excluded from the scope of the
Boltless Steel Shelving Orders because such bulk-packed parts or
components do not contain the steel vertical supports (i.e.,
uprights and posts) and steel horizontal supports (i.e., beams,
braces) packaged together for assembly into a completed boltless
steel shelving unit.
Merchandise covered by this investigation is currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) under the following subheadings: 7326.90.8688, 9403.20.0080,
and 9403.90.8041. Subject merchandise may also enter under
subheadings 7308.90.3000, 7308.90.6000, 7308.90.9590, and
9403.20.0090. The HTSUS subheadings are provided for convenience and
U.S. Customs purposes only. The written description of the scope is
dispositive.
[FR Doc. 2018-15225 Filed 7-16-18; 8:45 am]
BILLING CODE 3510-DS-P
