Certain Steel Racks From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination, 62297-62300 [2018-26172]
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Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Notices
information under APO can be found at
19 CFR 351.304–306.
Information Required From Interested
Parties
khammond on DSK30JT082PROD with NOTICES
Domestic interested parties, as
defined in section 771(9)(C), (D), (E), (F),
and (G) of the Act and 19 CFR
351.102(b), wishing to participate in a
Sunset Review must respond not later
than 15 days after the date of
publication in the Federal Register of
this notice of initiation by filing a notice
of intent to participate. The required
contents of the notice of intent to
participate are set forth at 19 CFR
351.218(d)(1)(ii). In accordance with
Commerce’s regulations, if we do not
receive a notice of intent to participate
from at least one domestic interested
party by the 15-day deadline, Commerce
will automatically revoke the order
without further review.6
If we receive an order-specific notice
of intent to participate from a domestic
interested party, Commerce’s
regulations provide that all parties
wishing to participate in a Sunset
Review must file complete substantive
responses not later than 30 days after
the date of publication in the Federal
Register of this notice of initiation. The
required contents of a substantive
response, on an order-specific basis, are
set forth at 19 CFR 351.218(d)(3). Note
that certain information requirements
differ for respondent and domestic
parties. Also, note that Commerce’s
information requirements are distinct
from the Commission’s information
requirements. Consult Commerce’s
regulations for information regarding
Commerce’s conduct of Sunset Reviews.
Consult Commerce’s regulations at 19
CFR part 351 for definitions of terms
and for other general information
concerning antidumping and
countervailing duty proceedings at
Commerce.
This notice of initiation is being
published in accordance with section
751(c) of the Act and 19 CFR 351.218(c).
Dated: November 28, 2018.
James Maeder,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations performing the duties of Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations.
[FR Doc. 2018–26213 Filed 11–30–18; 8:45 am]
BILLING CODE 3510–DS–P
6 See
19 CFR 351.218(d)(1)(iii).
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DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–089]
Certain Steel Racks From the People’s
Republic of China: Preliminary
Affirmative Countervailing Duty
Determination, and Alignment of Final
Determination With Final Antidumping
Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers and exporters of
certain steel racks (steel racks) from the
People’s Republic of China (China) for
the period of investigation (POI) January
1, 2017 through December 31, 2017.
Interested parties are invited to
comment on this preliminary
determination.
AGENCY:
Applicable December 3, 2018.
FOR FURTHER INFORMATION CONTACT: Eli
Lovely, Aleksandras Nakutis or Robert
Galantucci, AD/CVD Operations, Office
IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1593,
(202) 482–3147 or (202) 482–2923,
respectively.
DATES:
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on July 10, 2018.1 On August 28, 2018,
pursuant to a request from the Coalition
for Fair Racks Imports (the petitioner),2
Commerce postponed the preliminary
determination of this investigation to
November 19, 2018.3 For a complete
description of the events that followed
the initiation of this investigation, see
the Preliminary Decision
Memorandum.4 A list of topics
1 See Certain Steel Racks from the People’s
Republic of China: Initiation of Countervailing Duty
Investigation, 83 FR 33201 (July 10, 2018)
(Initiation Notice).
2 See Letter, ‘‘Certain Steel Racks from the
People’s Republic of China: Request to Postpone
Preliminary Determination,’’ dated August 9, 2018.
3 See Countervailing Duty Investigation of Steel
Racks from the People’s Republic of China:
Postponement of Preliminary Determination, 83 FR
43848 (August 28, 2018).
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination of the
Countervailing Duty Investigation of Certain Steel
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discussed in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov, and is available to all
parties in the Central Records Unit,
room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The products covered by this
investigation are steel racks from China.
For a complete description of the scope
of this investigation, see Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,5 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage, (i.e. , scope).6 Certain
interested parties commented on the
scope of the investigation as it appeared
in the Initiation Notice. Commerce
intends to issue its preliminary decision
regarding comments concerning the
scope of the antidumping duty and
countervailing duty investigations in the
preliminary determination of the
companion antidumping duty (AD)
investigation.
Methodology
Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable,
Commerce preliminarily determines
that there is a subsidy, i.e. , a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.7 In
making these findings, Commerce
relied, in part, on facts available and,
because it finds that certain respondents
did not act to the best of their ability to
respond to Commerce’s requests for
information, it drew an adverse
Racks from the People’s Republic of China,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
5 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
6 See Initiation Notice.
7 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
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inference where appropriate in selecting
from among the facts otherwise
available.8 For further information, see
‘‘Use of Facts Otherwise Available and
Adverse Inferences’’ in the Preliminary
Decision Memorandum.
Alignment
As noted in the Preliminary Decision
Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), Commerce is aligning the
final countervailing duty determination
in this investigation with the final
determination in the companion
antidumping duty investigation of steel
racks from China based on a request
made by the petitioner.9 Consequently,
the final countervailing duty
determination will be issued on the
same date as the final antidumping
determination, which is currently
scheduled to be issued no later than
April 1, 2019, unless postponed.
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of
the Act provide that in the preliminary
determination, Commerce shall
determine an estimated all-others rate
for companies not individually
examined. This rate shall be an amount
equal to the weighted average of the
estimated subsidy rates established for
those companies individually
examined, excluding any zero and de
minimis rates and any rates based
entirely under section 776 of the Act.
In this investigation, Commerce
preliminarily assigned rates based
entirely on facts available for Jiangsu
Kingmore Storage Equipment
Manufacturing Co., Ltd., Nanjing Huade
Storage Equipment Manufacture Co.,
Ltd., Tangshan Apollo Energy
Equipment Company, Ltd., and 13
companies that failed to respond to our
quantity and value (Q&V)
questionnaire.10 Commerce calculated
individual estimated countervailable
subsidy rates for Nanjing Dongsheng
Shelf Manufacturing Co., Ltd. (Nanjing
Dongsheng) and Xiamen Aifei Metal
Manufacturing Co., Ltd. (Aifeimetal).
Therefore, Commerce calculated the allothers’’ rate using a weighted average of
the individual estimated subsidy rates
calculated for Aifeimetal and Nanjing
Dongsheng using each company’s
publicly-ranged values for the
merchandise under consideration.11
Preliminary Determination
Commerce preliminarily determines
that the following estimated
countervailable subsidy rates exist:
Subsidy rate
(percent)
Company
Designa Inc ..........................................................................................................................................................................................
Dongguan Baike Electronic Co., Ltd ...................................................................................................................................................
Ezidone Display Corp. Ltd ...................................................................................................................................................................
Fenghua Huige Metal Products Co., Ltd .............................................................................................................................................
Formost Plastic Metal Works (Jiaxing) Co., Ltd ..................................................................................................................................
Jiangsu Kingmore Storage Equipment Manufacturing Co., Ltd ..........................................................................................................
Nanjing Dongsheng Shelf Manufacturing Co., Ltd ..............................................................................................................................
Nanjing Huade Storage Equipment Manufacture Co., Ltd ..................................................................................................................
Ningbo Bocheng Home Products Co., Ltd ..........................................................................................................................................
Ningbo Joys Imp. & Exp. Co., Ltd .......................................................................................................................................................
Ningbo Li Zhan Import & Export Co ....................................................................................................................................................
Qingdao Haineng Hardware Products Co., Ltd ...................................................................................................................................
Qingdao Huatian Hand Truck Co., Ltd ................................................................................................................................................
Qingdao Zeal-Line Stainless Steel Products Co., Ltd .........................................................................................................................
Seven Seas Furniture Industrial (Xiamen) Co., Ltd ............................................................................................................................
Shijiazhuang Wells Trading & Mfg. Co., Ltd .......................................................................................................................................
Tangshan Apollo Energy Equipment Company ..................................................................................................................................
Xiamen Aifei Metal Manufacturing Co., Ltd 12 .....................................................................................................................................
All-Others .............................................................................................................................................................................................
Suspension of Liquidation
In accordance with section
703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and
Border Protection (CBP) to suspend
liquidation of entries of subject
merchandise as described in the scope
of the investigation section entered, or
withdrawn from warehouse, for
8 See
sections 776(a) and (b) of the Act.
Letter, ‘‘Certain Steel Racks from the
People’s Republic of China: Request to Align Final
Countervailing Duty and Antidumping
Determinations,’’ dated October 31, 2018.
10 The companies that did not respond to our
Q&V questionnaire are: Designa Inc.; Dongguan
Baike Electronic Co., Ltd.; Ezidone Display Corp.
Ltd.; Fenghua Huige Metal Products Co., Ltd.;
Formost Plastic Metal Works (Jiaxing) Co., Ltd.;
Ningbo Bocheng Home Products Co., Ltd.; Ningbo
Joys Imp. & Exp. Co., Ltd.; Ningbo Li Zhan Import
& Export Co.; Qingdao Haineng Hardware Products
Co., Ltd.; Qingdao Huatian Hand Truck Co., Ltd.;
Qingdao Zeal-Line Stainless Steel Products Co.,
Ltd.; Seven Seas Furniture Industrial (Xiamen) Co.,
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9 See
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5.04
150.49
150.49
150.49
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150.49
150.49
150.49
150.49
150.49
150.49
10.45
8.81
consumption on or after the date of
publication of this notice in the Federal
Register. Further, pursuant to 19 CFR
351.205(d), Commerce will instruct CBP
to require a cash deposit equal to the
rates indicated above.
Disclosure
Ltd.; and Shijiazhuang Wells Trading & Mfg. Co.,
Ltd.
11 With two respondents under examination,
Commerce normally calculates (A) a weightedaverage of the estimated subsidy rates calculated for
the examined respondents; (B) a simple average of
the estimated subsidy rates calculated for the
examined respondents; and (C) a weighted-average
of the estimated subsidy rates calculated for the
examined respondents using each company’s
publicly-ranged U.S. sale quantities for the
merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate
closest to (A) as the most appropriate rate for all
other producers and exporters. See, e.g. , Ball
Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results
of Antidumping Duty Administrative Reviews, Final
Results of Changed-Circumstances Review, and
Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010). As complete publicly ranged
sales data was available, Commerce based the allothers rate on the publicly ranged sales data of the
mandatory respondents. For a complete analysis of
the data, please see the All-Others’’ Rate
Calculation Memorandum.
12 As discussed in the Preliminary Decision
Memorandum, Commerce has found Xiamen
Massive Joy Industry Co., Ltd. and Xiamen Aifei
Health-Tech Co., Ltd. to be cross-owned with
Xiamen Aifei Metal Manufacturing Co., Ltd.
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Commerce intends to disclose its
calculations and analysis performed to
interested parties in this preliminary
determination within five days of its
public announcement, or if there is no
public announcement, within five days
of the date of this notice in accordance
with 19 CFR 351.224(b).
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Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify the
information relied upon in making its
final determination.
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the last
verification report is issued in this
investigation. Rebuttal briefs, limited to
issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.13
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, at a time and date to be
determined. Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
International Trade Commission
Notification
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In accordance with section 703(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its determination. If the final
determination is affirmative, the ITC
will determine before the later of 120
days after the date of this preliminary
determination or 45 days after the final
determination.
Notification to Interested Parties
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act and 19 CFR
351.205(c).
13 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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Dated: November 19, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
Scope of the 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, 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);
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(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 Fed. Reg. 63,741 (October 21,
2017); Boltless Steel Shelving Units
Prepackaged for Sale from the People’s
Republic of China: Amended Final
Affirmative Countervailing Duty
Determination and Countervailing Duty
Order, 80 Fed. Reg. 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
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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.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Injury Test
VI. Application of the CVD Law to Imports
From China
VII. Diversification of China’s Economy
VIII. Use of Facts Otherwise Available and
Adverse Inferences
IX. Subsidies Valuation
X. Benchmarks and Interest Rates
XI. Analysis of Programs
XII. Conclusion
[FR Doc. 2018–26172 Filed 11–30–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Board of Overseers of the Malcolm
Baldrige National Quality Award
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice of open meeting.
AGENCY:
The Board of Overseers of the
Malcolm Baldrige National Quality
Award (Board) will meet in open
session on Tuesday, December 11, 2018.
The purpose of this meeting is to review
and discuss the work of the private
sector contractor, which assists the
Director of the National Institute of
Standards and Technology (NIST) in
administering the Malcolm Baldrige
National Quality Award (Award), and
information received from NIST and
from the Chair of the Judges Panel of the
Malcolm Baldrige National Quality
Award in order to make such
suggestions for the improvement of the
Award process as the Board deems
necessary. Details on the agenda are
noted in the SUPPLEMENTARY
INFORMATION section of this notice.
DATES: The meeting will be held on
Tuesday, December 11, 2018, from 8:30
a.m. Eastern time until 4:00 p.m. Eastern
time. The meeting will be open to the
public.
ADDRESSES: The meeting will be held at
the National Institute of Standards and
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SUMMARY:
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Technology, 100 Bureau Drive, Building
101, Lecture Room A, Gaithersburg,
Maryland 20899. Please note admittance
instructions under the SUPPLEMENTARY
INFORMATION section of this notice.
FOR FURTHER INFORMATION CONTACT:
Robert Fangmeyer, Director, Baldrige
Performance Excellence Program,
National Institute of Standards and
Technology, 100 Bureau Drive, Mail
Stop 1020, Gaithersburg, Maryland
20899–1020, telephone number (301)
975–2361, or by email at
robert.fangmeyer@nist.gov.
SUPPLEMENTARY INFORMATION:
Authority: 15 U.S.C. 3711a(d)(2)(B)
and the Federal Advisory Committee
Act, as amended, 5 U.S.C. App.
Pursuant to the Federal Advisory
Committee Act, as amended, 5 U.S.C.
App., notice is hereby given that the
Board will meet in open session on
Tuesday, December 11, 2018, from 8:30
a.m. Eastern time until 4:00 p.m. Eastern
time. The Board is currently composed
of eleven members selected for their
preeminence in the field of
organizational performance excellence
and appointed by the Secretary of
Commerce. The Board consists of a
balanced representation from U.S.
service, manufacturing, small business,
nonprofit, education, and health care
industries. The Board includes members
familiar with the quality, performance
improvement operations, and
competitiveness issues of manufacturing
companies, service companies, small
businesses, nonprofits, health care
providers, and educational institutions.
The purpose of this meeting is to review
and discuss the work of the private
sector contractor, which assists the
NIST Director in administering the
Award, and information received from
NIST and from the Chair of the Judges
Panel of the Malcolm Baldrige National
Quality Award in order to make such
suggestions for the improvement of the
Award process as the Board deems
necessary. The Board shall make an
annual report on the results of Award
activities to the Director of NIST, along
with its recommendations for the
improvement of the Award process. The
agenda will include: Report from the
Judges Panel of the Malcolm Baldrige
National Quality Award, Baldrige
Program Business Plan Status Report,
Baldrige Foundation Fundraising
Update, Products and Services Update,
and Recommendations for the NIST
Director. The agenda may change to
accommodate Board business. The final
agenda will be posted on the NIST
Baldrige Performance Excellence
website at https://www.nist.gov/baldrige/
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community/overseers.cfm. The meeting
will be open to the public.
Individuals and representatives of
organizations who would like to offer
comments and suggestions related to the
Board’s affairs are invited to request a
place on the agenda. On December 11,
2018 approximately one-half hour will
be reserved in the afternoon for public
comments, and speaking times will be
assigned on a first-come, first-served
basis. The amount of time per speaker
will be determined by the number of
requests received, but is likely to be
about 3 minutes each. The exact time for
public comments will be included in
the final agenda that will be posted on
the Baldrige website at https://
www.nist.gov/baldrige/community/
overseers.cfm. Questions from the
public will not be considered during
this period. Speakers who wish to
expand upon their oral statements,
those who had wished to speak, but
could not be accommodated on the
agenda, and those who were unable to
attend in person are invited to submit
written statements to the Baldrige
Performance Excellence Program, NIST,
100 Bureau Drive, Mail Stop 1020,
Gaithersburg, Maryland 20899–1020, via
fax at 301–975–4967 or electronically by
email to robyn.verner@nist.gov.
All visitors to the National Institute of
Standards and Technology site must
pre-register to be admitted. Please
submit your name, time of arrival, email
address and phone number to Robyn
Verner no later than 8:00 a.m. Eastern
Time, Tuesday, December 11, 2018 and
she will provide you with instructions
for admittance. Non-U.S. citizens must
submit additional information and
should contact Ms. Verner for
instructions. Ms. Verner’s email address
is robyn.verner@nist.gov and her phone
number is (301) 975–2361. Please note
that federal agencies, including NIST,
can only accept a state-issued driver’s
license or identification card for access
to federal facilities if such license or
identification card is issued by a state
that is compliant with the REAL ID Act
of 2005 (Pub. L. 109–13), or by a state
that has an extension for REAL ID
compliance. NIST currently accepts
other forms of federal-issued
identification in lieu of a state-issued
driver’s license. For detailed
information please contact Ms. Verner
or visit: https://www.nist.gov/public_
affairs/visitor/.
Kevin A. Kimball,
Chief of Staff.
[FR Doc. 2018–26135 Filed 11–30–18; 8:45 am]
BILLING CODE 3510–13–P
E:\FR\FM\03DEN1.SGM
03DEN1
]]>Agencies
[Federal Register Volume 83, Number 232 (Monday, December 3, 2018)]
[Notices]
[Pages 62297-62300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26172]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-089]
Certain Steel Racks From the People's Republic of China:
Preliminary Affirmative Countervailing Duty Determination, and
Alignment of Final Determination With Final Antidumping Duty
Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that countervailable subsidies are being provided to producers and
exporters of certain steel racks (steel racks) from the People's
Republic of China (China) for the period of investigation (POI) January
1, 2017 through December 31, 2017. Interested parties are invited to
comment on this preliminary determination.
DATES: Applicable December 3, 2018.
FOR FURTHER INFORMATION CONTACT: Eli Lovely, Aleksandras Nakutis or
Robert Galantucci, AD/CVD Operations, Office IV, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-1593, (202) 482-3147 or (202) 482-2923, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on July 10,
2018.\1\ On August 28, 2018, pursuant to a request from the Coalition
for Fair Racks Imports (the petitioner),\2\ Commerce postponed the
preliminary determination of this investigation to November 19,
2018.\3\ For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\4\ A list of topics discussed in the Preliminary Decision
Memorandum is included as Appendix II to this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov, and is available to all
parties in the Central Records Unit, room B8024 of the main Department
of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and electronic versions of the
Preliminary Decision Memorandum are identical in content.
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\1\ See Certain Steel Racks from the People's Republic of China:
Initiation of Countervailing Duty Investigation, 83 FR 33201 (July
10, 2018) (Initiation Notice).
\2\ See Letter, ``Certain Steel Racks from the People's Republic
of China: Request to Postpone Preliminary Determination,'' dated
August 9, 2018.
\3\ See Countervailing Duty Investigation of Steel Racks from
the People's Republic of China: Postponement of Preliminary
Determination, 83 FR 43848 (August 28, 2018).
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination of the Countervailing Duty Investigation of Certain
Steel Racks from the People's Republic of China,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are steel racks from
China. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\5\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage, (i.e. , scope).\6\ Certain
interested parties commented on the scope of the investigation as it
appeared in the Initiation Notice. Commerce intends to issue its
preliminary decision regarding comments concerning the scope of the
antidumping duty and countervailing duty investigations in the
preliminary determination of the companion antidumping duty (AD)
investigation.
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\5\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\6\ See Initiation Notice.
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Methodology
Commerce is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found
countervailable, Commerce preliminarily determines that there is a
subsidy, i.e. , a financial contribution by an ``authority'' that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\7\ In making these findings, Commerce relied, in part, on
facts available and, because it finds that certain respondents did not
act to the best of their ability to respond to Commerce's requests for
information, it drew an adverse
[[Page 62298]]
inference where appropriate in selecting from among the facts otherwise
available.\8\ For further information, see ``Use of Facts Otherwise
Available and Adverse Inferences'' in the Preliminary Decision
Memorandum.
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\7\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
\8\ See sections 776(a) and (b) of the Act.
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Alignment
As noted in the Preliminary Decision Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is
aligning the final countervailing duty determination in this
investigation with the final determination in the companion antidumping
duty investigation of steel racks from China based on a request made by
the petitioner.\9\ Consequently, the final countervailing duty
determination will be issued on the same date as the final antidumping
determination, which is currently scheduled to be issued no later than
April 1, 2019, unless postponed.
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\9\ See Letter, ``Certain Steel Racks from the People's Republic
of China: Request to Align Final Countervailing Duty and Antidumping
Determinations,'' dated October 31, 2018.
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All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that in the
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. This rate shall be
an amount equal to the weighted average of the estimated subsidy rates
established for those companies individually examined, excluding any
zero and de minimis rates and any rates based entirely under section
776 of the Act.
In this investigation, Commerce preliminarily assigned rates based
entirely on facts available for Jiangsu Kingmore Storage Equipment
Manufacturing Co., Ltd., Nanjing Huade Storage Equipment Manufacture
Co., Ltd., Tangshan Apollo Energy Equipment Company, Ltd., and 13
companies that failed to respond to our quantity and value (Q&V)
questionnaire.\10\ Commerce calculated individual estimated
countervailable subsidy rates for Nanjing Dongsheng Shelf Manufacturing
Co., Ltd. (Nanjing Dongsheng) and Xiamen Aifei Metal Manufacturing Co.,
Ltd. (Aifeimetal). Therefore, Commerce calculated the all-others'' rate
using a weighted average of the individual estimated subsidy rates
calculated for Aifeimetal and Nanjing Dongsheng using each company's
publicly-ranged values for the merchandise under consideration.\11\
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\10\ The companies that did not respond to our Q&V questionnaire
are: Designa Inc.; Dongguan Baike Electronic Co., Ltd.; Ezidone
Display Corp. Ltd.; Fenghua Huige Metal Products Co., Ltd.; Formost
Plastic Metal Works (Jiaxing) Co., Ltd.; Ningbo Bocheng Home
Products Co., Ltd.; Ningbo Joys Imp. & Exp. Co., Ltd.; Ningbo Li
Zhan Import & Export Co.; Qingdao Haineng Hardware Products Co.,
Ltd.; Qingdao Huatian Hand Truck Co., Ltd.; Qingdao Zeal-Line
Stainless Steel Products Co., Ltd.; Seven Seas Furniture Industrial
(Xiamen) Co., Ltd.; and Shijiazhuang Wells Trading & Mfg. Co., Ltd.
\11\ With two respondents under examination, Commerce normally
calculates (A) a weighted-average of the estimated subsidy rates
calculated for the examined respondents; (B) a simple average of the
estimated subsidy rates calculated for the examined respondents; and
(C) a weighted-average of the estimated subsidy rates calculated for
the examined respondents using each company's publicly-ranged U.S.
sale quantities for the merchandise under consideration. Commerce
then compares (B) and (C) to (A) and selects the rate closest to (A)
as the most appropriate rate for all other producers and exporters.
See, e.g. , Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010). As complete publicly ranged sales data was
available, Commerce based the all-others rate on the publicly ranged
sales data of the mandatory respondents. For a complete analysis of
the data, please see the All-Others'' Rate Calculation Memorandum.
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Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy rate
Company (percent)
------------------------------------------------------------------------
Designa Inc............................................. 150.49
Dongguan Baike Electronic Co., Ltd...................... 150.49
Ezidone Display Corp. Ltd............................... 150.49
Fenghua Huige Metal Products Co., Ltd................... 150.49
Formost Plastic Metal Works (Jiaxing) Co., Ltd.......... 150.49
Jiangsu Kingmore Storage Equipment Manufacturing Co., 150.49
Ltd....................................................
Nanjing Dongsheng Shelf Manufacturing Co., Ltd.......... 5.04
Nanjing Huade Storage Equipment Manufacture Co., Ltd.... 150.49
Ningbo Bocheng Home Products Co., Ltd................... 150.49
Ningbo Joys Imp. & Exp. Co., Ltd........................ 150.49
Ningbo Li Zhan Import & Export Co....................... 150.49
Qingdao Haineng Hardware Products Co., Ltd.............. 150.49
Qingdao Huatian Hand Truck Co., Ltd..................... 150.49
Qingdao Zeal-Line Stainless Steel Products Co., Ltd..... 150.49
Seven Seas Furniture Industrial (Xiamen) Co., Ltd....... 150.49
Shijiazhuang Wells Trading & Mfg. Co., Ltd.............. 150.49
Tangshan Apollo Energy Equipment Company................ 150.49
Xiamen Aifei Metal Manufacturing Co., Ltd \12\.......... 10.45
All-Others.............................................. 8.81
------------------------------------------------------------------------
Suspension of Liquidation
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\12\ As discussed in the Preliminary Decision Memorandum,
Commerce has found Xiamen Massive Joy Industry Co., Ltd. and Xiamen
Aifei Health-Tech Co., Ltd. to be cross-owned with Xiamen Aifei
Metal Manufacturing Co., Ltd.
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In accordance with section 703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d),
Commerce will instruct CBP to require a cash deposit equal to the rates
indicated above.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of its public announcement, or if there is no public
announcement, within five days of the date of this notice in accordance
with 19 CFR 351.224(b).
[[Page 62299]]
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation. Rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than five days after the deadline
date for case briefs.\13\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or rebuttal briefs in this investigation
are encouraged to submit with each argument: (1) A statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities.
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\13\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time
and date to be determined. Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
International Trade Commission Notification
In accordance with section 703(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its determination. If the
final determination is affirmative, the ITC will determine before the
later of 120 days after the date of this preliminary determination or
45 days after the final determination.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: November 19, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the 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 Fed. Reg. 63,741
(October 21, 2017); Boltless Steel Shelving Units Prepackaged for
Sale from the People's Republic of China: Amended Final Affirmative
Countervailing Duty Determination and Countervailing Duty Order, 80
Fed. Reg. 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
[[Page 62300]]
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.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Injury Test
VI. Application of the CVD Law to Imports From China
VII. Diversification of China's Economy
VIII. Use of Facts Otherwise Available and Adverse Inferences
IX. Subsidies Valuation
X. Benchmarks and Interest Rates
XI. Analysis of Programs
XII. Conclusion
[FR Doc. 2018-26172 Filed 11-30-18; 8:45 am]
BILLING CODE 3510-DS-P
