Steel Racks and Parts Thereof From the People's Republic of China: Preliminary Determination of Sales at Less Than Fair Value, 7326-7330 [2019-03820]

Download as PDF 7326 Notices Federal Register Vol. 84, No. 42 Monday, March 4, 2019 This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section. We anticipate initiating public scoping for the EIS in May 2019. Once completed, the EIS will replace APHIS Wildlife Services’ regional environmental assessments on predator damage management in Southern Idaho and in Northern and Central Idaho, and the environmental assessment on gray wolf damage management in Idaho. DEPARTMENT OF AGRICULTURE Done in Washington, DC, on February 27, 2019. Kevin Shea, Administrator, Animal and Plant Health Inspection Service. Animal and Plant Health Inspection Service [FR Doc. 2019–03834 Filed 3–1–19; 8:45 am] BILLING CODE 3410–34–P [Docket No. APHIS–2019–0005] Environmental Impact Statement for Predator Damage Management in Idaho DEPARTMENT OF COMMERCE International Trade Administration Animal and Plant Health Inspection Service, USDA. ACTION: Notice of intent to prepare an environmental impact statement. AGENCY: [A–570–088] We are advising the public that the Animal and Plant Health Inspection Service plans to prepare an environmental impact statement analyzing alternatives for predator damage management in Idaho. FOR FURTHER INFORMATION CONTACT: Mr. Kirk Gustad, Wildlife Services, APHIS, USDA, 9134 West Blackeagle Drive, Boise, ID 83709; (208) 373–1630. SUPPLEMENTARY INFORMATION: The Animal and Plant Health Inspection Service (APHIS) intends to prepare an environmental impact statement (EIS) to address alternatives for APHIS Wildlife Services’ involvement in managing damage and threats to livestock and other domestic animals, agricultural resources, property, natural resources, and human health and safety associated with predators in Idaho. The scope of the EIS is intended to include management of damage and conflicts associated with coyotes, gray wolves, black bears, grizzly bears, mountain lions, bobcats, red foxes, striped skunks, raccoons, badgers, feral and free-ranging dogs, common ravens, and black-billed magpies. Feral and free-ranging cats, feral swine, western spotted skunks, mink, long-tailed weasels, short-tailed weasels, American crows, bald eagles, and golden eagles are associated with conflicts on rare occasions and also will be addressed in the analysis. SUMMARY: VerDate Sep<11>2014 17:33 Mar 01, 2019 Jkt 247001 Steel Racks and Parts Thereof From the People’s Republic of China: Preliminary Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that steel racks and parts thereof (steel racks) from the People’s Republic of China (China) are being, or are likely to be, sold in the United States at less than fair value (LTFV) for the period of investigation (POI) October 1, 2017, through March 31, 2018. DATES: Applicable March 4, 2019. FOR FURTHER INFORMATION CONTACT: Patrick O’Connor or Maliha Khan, 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) 482–0989 or (202) 482–0895, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on July 17, 2018.1 On October 24, 2018, 1 See Steel Racks from the People’s Republic of China: Initiation of Less-Than-Fair-Value PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 Commerce postponed the preliminary determination of this investigation until January 19, 2019.2 Commerce exercised its discretion to toll all deadlines affected by the partial federal government closure from December 22, 2018, through the resumption of operations on January 29, 2019.3 If the new deadline falls on a non-business day, in accordance with Commerce’s practice, the deadline will become the next business day. The revised deadline for the preliminary determination is now February 25, 2019. For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.4 A list of topics included 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 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 http://enforcement.trade.gov/ frn/. The signed and the 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. Investigation, 83 FR 33195 (July 17, 2018) (Initiation Notice). 2 See Steel Racks and Parts Thereof from the People’s Republic of China: Postponement of Preliminary Determination in the Less-Than-FairValue Investigation, 83 FR 53606 (October 24, 2018). 3 See memorandum to the Record from 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, ‘‘Deadlines Affected by the Partial Shutdown of the Federal Government,’’ dated January 28, 2019. All deadlines in this segment of the proceeding have been extended by 40 days. 4 See Memorandum, ‘‘Steel Racks from the People’s Republic of China: Decision Memorandum for the Preliminary Determination of Sales at Less Than Fair Value’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). E:\FR\FM\04MRN1.SGM 04MRN1 Federal Register / Vol. 84, No. 42 / Monday, March 4, 2019 / Notices Scope Comments Methodology 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 (scope).6 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice, as well as additional language proposed by the petitioner. For a summary of the product coverage comments and rebuttal responses submitted to the record of this investigation, and accompanying discussion and analysis of comments timely received, see Scope Decision Memorandum.7 Based on comments and rebuttal comments received, Commerce is preliminarily modifying the scope language as it appeared in the Initiation Notice. See the revised scope in Appendix I to this notice. Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated export prices in accordance with section 772(a) of the Act. Because China is a non-market economy country within the meaning of section 771(18) of the Act, Commerce has calculated normal value (NV) in accordance with section 773(c) of the Act. Furthermore, pursuant to sections 776(a) and (b) of the Act, Commerce preliminarily has relied upon facts otherwise available, with adverse inferences, for the Chinawide entity, which includes Jiangsu Kingmore Storage Equipment Manufacturing Co., Ltd., Nanjing Huade Storage Equipment Manufacturing Co., Ltd., Nanjing Inform Storage Equipment (Group) Co., Ltd., Tangshan Apollo Energy Equipment Company, Ltd., Xiamen PDF Co., Ltd. and Zhangzhou URB Fabricating Co., Ltd. For a full description of the methodology underlying Commerce’s preliminary determination, see the Preliminary Decision Memorandum. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. Combination Rates In the Initiation Notice,8 Commerce stated that it would calculate producer/ exporter combination rates for the respondents that are eligible for a separate rate in this investigation. Policy Bulletin 05.1 describes this practice.9 Preliminary Determination Commerce preliminarily determines that the following estimated weightedaverage dumping margins exist: Estimated weightedaverage dumping margin (percent) Exporter Producer Nanjing Dongsheng Shelf Manufacturing Co., Ltd ..................... Ateel Display Industries (Xiamen) Co., Ltd ................................ CTC Universal (Zhangzhou) Industrial Co., Ltd ......................... David Metal Craft Manufactory Ltd ............................................. Guangdong Wireking Housewares and Hardware Co., Ltd ....... Hebei Minmetals Co., Ltd ........................................................... Hebei Minmetals Co., Ltd ........................................................... Hebei Minmetals Co., Ltd ........................................................... Hebei Minmetals Co., Ltd ........................................................... Hebei Minmetals Co., Ltd ........................................................... Hebei Minmetals Co., Ltd ........................................................... i-Lift Equipment Ltd ..................................................................... Jiangsu Nova Intelligent Logistics Equipment Co., Ltd .............. Johnson (Suzhou) Metal Products Co., Ltd ............................... Master Trust (Xiamen) Import and Export Co., Ltd .................... Nanjing Ironstone Storage Equipment Co., Ltd .......................... Nanjing Kingmore Logistics Equipment Manufacturing Co., Ltd Nanjing Kingmore Logistics Equipment Manufacturing Co., Ltd Ningbo Beilun Songyi Warehouse Equipment Manufacturing Co., Ltd. Ningbo Xinguang Rack Co., Ltd ................................................. Qingdao Rockstone Logistics Appliance Co., Ltd ...................... Redman Corporation ................................................................... Redman Import & Export Limited ............................................... Suzhou (China) Sunshine Hardware & Equipment Imp. & Exp. Co. Ltd. Suzhou (China) Sunshine Hardware & Equipment Imp. & Exp. Co. Ltd. Tianjin Master Logistics Equipment Co., Ltd .............................. Waken Display System Co., Ltd ................................................. Xiamen Aifeimetal Manufacturing Co., Ltd ................................. Xiamen Baihuide Manufacturing Co., Ltd ................................... Xiamen Ever Glory Fixtures Co., Ltd .......................................... Xiamen Ever Glory Fixtures Co., Ltd .......................................... Xiamen Ever Glory Fixtures Co., Ltd .......................................... Xiamen Golden Trust Industry & Trade Co., Ltd ........................ Nanjing Dongsheng Shelf Manufacturing Co., Ltd .................... Ateel Display Industries (Xiamen) Co., Ltd ............................... CTC Universal (Zhangzhou) Industrial Co., Ltd ........................ David Metal Craft Manufactory Ltd ............................................ Guangdong Wireking Housewares and Hardware Co., Ltd ...... Hebei Wuxin Garden Products Co., Ltd .................................... Huanghua Xinxing Furniture Co., Ltd ........................................ Huanghua Xingyu Hardware Products Co., Ltd ........................ Huangua Qingxin Hardware Products Co., Ltd ......................... Huangua Haixin Hardware Products Co., Ltd ........................... Huanghua Hualing Hardware Products Co., Ltd ....................... Yuanda Storage Equipment Ltd ................................................ Jiangsu Nova Intelligent Logistics Equipment Co., Ltd ............. Johnson (Suzhou) Metal Products Co., Ltd .............................. Zhangzhou Hongcheng Hardware & Plastic Industry Co., Ltd Jiangsu Baigeng Logistics Equipments Co., Ltd ....................... Nanjing Kingmore Logistics Equipment Manufacturing Co., Ltd Jiangsu Kingmore Storage Equipment Manufacturing Co., Ltd Ningbo Beilun Songyi Warehouse Equipment Manufacturing Co., Ltd. Ningbo Xinguang Rack Co., Ltd ................................................ Qingdao Rockstone Logistics Appliance Co., Ltd ..................... Redman Corporation .................................................................. Redman Corporation .................................................................. Changzhou Tianyue Storage Equipment Co., Ltd ..................... 5 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 6 See Initiation Notice. 7 See Memorandum, ‘‘Steel Racks from the People’s Republic of China: Preliminary Scope VerDate Sep<11>2014 17:33 Mar 01, 2019 Jkt 247001 Ningbo Beilun Songyi Warehouse Equipment Manufacturing Co., Ltd. Tianjin Master Logistics Equipment Co., Ltd ............................. CTC Universal (Zhangzhou) Industrial Co., Ltd ........................ Xiamen Aifeimetal Manufacturing Co., Ltd ................................ Xiamen Baihuide Manufacturing Co., Ltd .................................. Fujian First Industry and Trade Co., Ltd ................................... Fujian Ever Glory Fixtures Co., LTD ......................................... Xiamen Ever Glory Fixtures Co., Ltd ......................................... Xiamen Golden Trust Industry & Trade Co., Ltd ....................... Decision’’ (Scope Decision Memorandum), dated concurrently with this preliminary determination. 8 See Initiation Notice. 9 See Enforcement and Compliance’s Policy Bulletin No. 05.1, regarding, ‘‘Separate-Rates PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 7327 18.08 18.08 18.08 18.08 18.08 18.08 18.08 18.08 18.08 18.08 18.08 18.08 18.08 18.08 18.08 18.08 18.08 18.08 18.08 18.08 18.08 18.08 18.08 18.08 18.08 18.08 18.08 18.08 18.08 18.08 18.08 18.08 18.08 Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries,’’ (April 5, 2005) (Policy Bulletin 05.1), available on Commerce’s website at http://enforcement.trade.gov/policy/bull05-1.pdf. E:\FR\FM\04MRN1.SGM 04MRN1 7328 Federal Register / Vol. 84, No. 42 / Monday, March 4, 2019 / Notices Estimated weightedaverage dumping margin (percent) Exporter Producer Xiamen Kingfull Imp and Exp Co., Ltd (d.b.a) Xiamen Kingfull Displays Co., Ltd. Xiamen Kingfull Imp and Exp Co., Ltd (d.b.a) Xiamen Kingfull Displays Co., Ltd. Xiamen LianHong Industry and Trade Co., Ltd .......................... Xiamen Luckyroc Industry Co., Ltd ............................................ Xiamen Meitoushan Metal Product Co., Ltd ............................... Xiamen Power Metal Display Co., Ltd ........................................ Xiamen XinHuiYuan Industrial & Trade Co., Ltd ........................ Xiamen Yiree Display Fixtures Co., Ltd ..................................... Zhangjiagang Better Display Co., Ltd ......................................... China-wide Entity ........................................................................ Xiamen Huiyi Beauty Furniture Co., Ltd .................................... 18.08 Xiamen LianHong Industry and Trade Co., Ltd ......................... 18.08 Xiamen LianHong Industry and Trade Co., Ltd ......................... Xiamen Luckyroc Storage Equipment Manufacture Co., Ltd .... Xiamen Meitoushan Metal Product Co., Ltd .............................. Xiamen Power Metal Display Co., Ltd ....................................... Xiamen XinHuiYuan Industrial & Trade Co., Ltd ....................... Xiamen Yiree Display Fixtures Co., Ltd .................................... Zhangjiagang Better Display Co., Ltd ........................................ .................................................................................................... 18.08 18.08 18.08 18.08 18.08 18.08 18.08 144.50 Suspension of Liquidation In accordance with section 733(d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation 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, as discussed below. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the weighted average amount by which normal value exceeds U.S. price, as indicated in the table above as follows: (1) For the producer/ exporter combinations listed in the table above, the cash deposit rate is equal to the estimated weighted-average dumping margin listed for that combination in the table; (2) for all combinations of China producers/ exporters of merchandise under consideration that have not established eligibility for their own separate rates, the cash deposit rate will be equal to the estimated weighted-average dumping margin established for the China-wide entity; and (3) for all third-county exporters of the merchandise under consideration not listed in the table above, the cash deposit rate is the cash deposit rate applicable to the China producer/exporter combination (or the China-wide entity) that supplied that third-country exporter. To determine the cash deposit rate, Commerce normally adjusts the estimated weighted-average dumping margin by the amount of domestic subsidy pass-through and export subsidies determined in a companion CVD proceeding when CVD provisional measures are in effect. However, Commerce has not made a preliminary affirmative determination for a domestic subsidy pass-through adjustment in this VerDate Sep<11>2014 17:33 Mar 01, 2019 Jkt 247001 AD investigation, nor has it found export subsidies in the companion CVD investigation. Therefore, Commerce made no offsets to the estimated weighted-average dumping margin for purposes of calculating the appropriate cash deposit rate. These suspension of liquidation instructions will remain in effect until further notice. Disclosure Commerce intends to disclose to interested parties the calculations performed in connection with this preliminary determination within five days of its public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify information relied upon in making its final determination. Public Comment Case briefs or other written comments, on all issues other than scope issues, may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last final verification report is issued in this investigation, unless the Secretary alters the time limit. Rebuttal case briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.10 Interested parties may address Commerce’s preliminary scope determination in scope briefs which may be submitted to the Assistant Secretary for Enforcement and Compliance no later than 30 days after 10 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 the publication of the preliminary AD determination in the Federal Register. Rebuttal scope briefs, limited to issues raised in scope briefs, may be submitted no later than five days after the deadline date for scope briefs. Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit 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. Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary E:\FR\FM\04MRN1.SGM 04MRN1 Federal Register / Vol. 84, No. 42 / Monday, March 4, 2019 / Notices determination, a request for such postponement is made by the petitioner. Pursuant to 19 CFR 351.210(e)(2), Commerce requires that requests by respondents for postponement of a final antidumping determination be accompanied by a request for extension of provisional measures from a fourmonth period to a period not more than six months in duration. On December 10, 2018, pursuant to 19 CFR 351.210(b)(2)(ii) and e(2), Nanjing Dongsheng requested that Commerce postpone the final determination, and that provisional measures be extended to a period not to exceed six months.11 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii) and (e)(2), because (1) the preliminary determination is affirmative; (2) the requesting exporter accounts for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, Commerce is postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, Commerce will make the final determination no later than 135 days after the date of publication of this preliminary determination, pursuant to section 735(a)(2) of the Act.12 International Trade Commission Notification In accordance with section 733(f) of the Act, Commerce will notify the International Trade Commission (ITC) of its preliminary determination of sales at LTFV. 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 whether imports of the subject merchandise are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). 11 See Letter from Dongsheng, ‘‘Steel Racks from the People’s Republic of China—Request for Extension of Final Determination and Provisional Measures,’’ dated December 10, 2018, (‘‘Dongsheng Extension Request’’). 12 See 19 CFR 351.210(e). VerDate Sep<11>2014 17:33 Mar 01, 2019 Jkt 247001 Dated: February 25, 2019. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix I—Scope of the Investigation The 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 (e.g., 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, 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. Subject steel racks have the following physical characteristics: (1) Each steel vertical and horizontal load bearing member (e.g., arms, beams, posts, and columns) is composed of steel that is at least 0.044 inches thick; (2) Each steel vertical and horizontal load bearing member (e.g., arms, beams, posts, and columns) is composed of steel that has a yield strength equal to or greater than 36,000 pounds per square inch; (3) The width of each steel vertical load bearing member (e.g., posts and columns) exceeds two inches; and (4) The overall depth of each steel rollformed horizontal load bearing member (e.g., beams) exceeds two inches. In the case of steel horizontal load bearing members other than roll-formed (e.g., structural beams, Z-beams, or cantilever arms), only the criteria in subparagraphs (1) and (2) apply to these horizontal load bearing members. The depth limitation in subparagraph (4) does not apply to steel horizontal load bearing members that are not roll-formed. 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 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 7329 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) other dimensions, weight, 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) rack 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., units 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 E:\FR\FM\04MRN1.SGM 04MRN1 7330 Federal Register / Vol. 84, No. 42 / Monday, March 4, 2019 / Notices 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 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. Such excluded components of boltless steel shelving are defined as: (1) Boltless horizontal supports (beams, braces) that have each of the following characteristics: (a) A length of 95 inches or less, (b) made from steel that has a thickness of 0.068 inches or less, and (c) a weight capacity that does not exceed 2500 lbs per pair of beams for beams that are 78’’ or shorter, a weight capacity that does not exceed 2200 lbs per pair of beams for beams that are over 78’’ long but not longer than 90’’, and/or a weight capacity that does not exceed 1800 lbs per pair of beams for beams that are longer than 90’’; (2) shelf supports that mate with the aforementioned horizontal supports; and (3) boltless vertical supports (upright welded frames and posts) that have each of the following characteristics: (a) A length of 95 inches or less, (b) with no face that exceeds 2.90 inches wide, and (c) made from steel that has a thickness of 0.065 inches or less. Excluded from the scope of this investigation are: (1) Wall-mounted shelving and racks, defined as shelving and racks that suspend all of the load from the wall, and do not stand on, or transfer load to, the floor; (2) ceiling-mounted shelving and racks, defined as shelving and racks that suspend all of the load from the ceiling and do not stand on, or transfer load to, the floor; and (3) wall/ ceiling mounted shelving and racks, defined as shelving and racks that suspend the load from the ceiling and the wall and do not stand on, or transfer load to, the floor. The addition of a wall or ceiling bracket or other device to attach otherwise subject merchandise to a wall or ceiling does not meet the terms of this exclusion. Also excluded from the scope of this investigation is scaffolding that complies with ANSI/ASSE A10.8—2011—Scaffolding Safety Requirements, CAN/CSA S269.2–M87 (Reaffirmed 2003)—Access Scaffolding for Construction Purposes, and/or Occupational Safety and Health Administration regulations at 29 CFR part 1926 subpart L—Scaffolds. Also excluded from the scope of this investigation are tubular racks such as garment racks and drying racks, i.e., racks in which the load bearing vertical and horizontal steel members consist solely of: (1) Round tubes that are no more than two VerDate Sep<11>2014 17:33 Mar 01, 2019 Jkt 247001 inches in diameter; (2) round rods that are no more than two inches in diameter; (3) other tubular shapes that have both an overall height of no more than two inches and an overall width of no more than two inches; and/or (4) wire. Also excluded from the scope of this investigation are portable tier racks. Portable tier racks must meet each of the following criteria to qualify for this exclusion: (1) They are freestanding, portable assemblies with a fully welded base and four freely inserted and easily removable corner posts; (2) They are assembled without the use of bolts, braces, anchors, brackets, clips, attachments, or connectors; (3) One assembly may be stacked on top of another without applying any additional load to the product being stored on each assembly, but individual portable tier racks are not securely attached to one another to provide interaction or interdependence; and (4) The assemblies have no mechanism (e.g., a welded foot plate with bolt holes) for anchoring the assembly to the ground. Also excluded from the scope of this investigation are accessories that are independently bolted to the floor and not attached to the rack system itself, i.e., column protectors, corner guards, bollards, and end row and end of aisle protectors. 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. Appendix II—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Postponement of Final Determination and Extension of Provisional Measures V. Scope Comments VI. Scope of the Investigation VII. Selection of Respondents VIII. Discussion of the Methodology A. Non-Market Economy Country B. Surrogate Country and Surrogate Value Comments C. Separate Rates D. Dumping Margin for the Separate Rate Companies Not Individually Examined E. Combination Rates F. The China-Wide Entity G. Application of Facts Available and Adverse Inferences H. Date of Sale I. Fair Value Comparisons J. Export Price K. Normal Value L. Factor Valuation Methodology IX. Currency Conversion X. Adjustment Under Section 777A(f) of the Act XI. Adjustment for Countervailable Export PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 Subsidies XII. Verification XIII. Conclusion [FR Doc. 2019–03820 Filed 3–1–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–122–864, A–201–850, A–570–102] Certain Fabricated Structural Steel From Canada, Mexico, and the People’s Republic of China: Initiation of Less-Than-Fair-Value Investigations Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable February 25, 2019. FOR FURTHER INFORMATION CONTACT: David Goldberger at (202) 482–4136 (Canada); Alice Maldonado at (202) 482–4682 (the People’s Republic of China (China)); and Jeffrey Pedersen at (202) 482–2769 (Mexico); AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: The Petitions On February 4, 2019, the U.S. Department of Commerce (Commerce) received antidumping duty (AD) Petitions concerning imports of certain fabricated structural steel (fabricated structural steel) from Canada, China, and Mexico, which were subsequently amended on February 21, 2019.1 The Petitions, as amended, were filed in proper form by a subgroup of the American Institute of Steel Construction, LLC, a trade association representing domestic producers of fabricated structural steel. Specifically, the petitioner is the American Institute of Steel Construction Full Member Subgroup (the petitioner). The AD Petitions were accompanied by countervailing duty (CVD) Petitions concerning imports of fabricated structural steel from Canada, China, and Mexico. On February 7, 2019, Commerce requested supplemental information pertaining to certain aspects of the Petitions in separate supplemental 1 See the petitioner’s Letter, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Certain Fabricated Structural Steel from Canada, Mexico, and the People’s Republic of China,’’ dated February 4, 2019, as amended on February 21, 2019 (the Petitions). E:\FR\FM\04MRN1.SGM 04MRN1

Agencies

[Federal Register Volume 84, Number 42 (Monday, March 4, 2019)]
[Notices]
[Pages 7326-7330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03820]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-088]


Steel Racks and Parts Thereof From the People's Republic of 
China: Preliminary Determination of Sales at Less Than Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that steel racks and parts thereof (steel racks) from the People's 
Republic of China (China) are being, or are likely to be, sold in the 
United States at less than fair value (LTFV) for the period of 
investigation (POI) October 1, 2017, through March 31, 2018.

DATES: Applicable March 4, 2019.

FOR FURTHER INFORMATION CONTACT: Patrick O'Connor or Maliha Khan, 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) 482-0989 or (202) 
482-0895, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on July 17, 
2018.\1\ On October 24, 2018, Commerce postponed the preliminary 
determination of this investigation until January 19, 2019.\2\ Commerce 
exercised its discretion to toll all deadlines affected by the partial 
federal government closure from December 22, 2018, through the 
resumption of operations on January 29, 2019.\3\ If the new deadline 
falls on a non-business day, in accordance with Commerce's practice, 
the deadline will become the next business day. The revised deadline 
for the preliminary determination is now February 25, 2019. For a 
complete description of the events that followed the initiation of this 
investigation, see the Preliminary Decision Memorandum.\4\ A list of 
topics included in the Preliminary Decision Memorandum is included as 
Appendix II to this notice.
---------------------------------------------------------------------------

    \1\ See Steel Racks from the People's Republic of China: 
Initiation of Less-Than-Fair-Value Investigation, 83 FR 33195 (July 
17, 2018) (Initiation Notice).
    \2\ See Steel Racks and Parts Thereof from the People's Republic 
of China: Postponement of Preliminary Determination in the Less-
Than-Fair-Value Investigation, 83 FR 53606 (October 24, 2018).
    \3\ See memorandum to the Record from 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, ``Deadlines 
Affected by the Partial Shutdown of the Federal Government,'' dated 
January 28, 2019. All deadlines in this segment of the proceeding 
have been extended by 40 days.
    \4\ See Memorandum, ``Steel Racks from the People's Republic of 
China: Decision Memorandum for the Preliminary Determination of 
Sales at Less Than Fair Value'' dated concurrently with, and hereby 
adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

    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 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 http://enforcement.trade.gov/frn/. The signed and the 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.

[[Page 7327]]

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 (scope).\6\ Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice, as well as additional language proposed by the 
petitioner. For a summary of the product coverage comments and rebuttal 
responses submitted to the record of this investigation, and 
accompanying discussion and analysis of comments timely received, see 
Scope Decision Memorandum.\7\ Based on comments and rebuttal comments 
received, Commerce is preliminarily modifying the scope language as it 
appeared in the Initiation Notice. See the revised scope in Appendix I 
to this notice.
---------------------------------------------------------------------------

    \5\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \6\ See Initiation Notice.
    \7\ See Memorandum, ``Steel Racks from the People's Republic of 
China: Preliminary Scope Decision'' (Scope Decision Memorandum), 
dated concurrently with this preliminary determination.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce has calculated export prices in 
accordance with section 772(a) of the Act. Because China is a non-
market economy country within the meaning of section 771(18) of the 
Act, Commerce has calculated normal value (NV) in accordance with 
section 773(c) of the Act. Furthermore, pursuant to sections 776(a) and 
(b) of the Act, Commerce preliminarily has relied upon facts otherwise 
available, with adverse inferences, for the China-wide entity, which 
includes Jiangsu Kingmore Storage Equipment Manufacturing Co., Ltd., 
Nanjing Huade Storage Equipment Manufacturing Co., Ltd., Nanjing Inform 
Storage Equipment (Group) Co., Ltd., Tangshan Apollo Energy Equipment 
Company, Ltd., Xiamen PDF Co., Ltd. and Zhangzhou URB Fabricating Co., 
Ltd. For a full description of the methodology underlying Commerce's 
preliminary determination, see the Preliminary Decision Memorandum.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum.

Combination Rates

    In the Initiation Notice,\8\ Commerce stated that it would 
calculate producer/exporter combination rates for the respondents that 
are eligible for a separate rate in this investigation. Policy Bulletin 
05.1 describes this practice.\9\
---------------------------------------------------------------------------

    \8\ See Initiation Notice.
    \9\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations involving Non-Market Economy 
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on 
Commerce's website at http://enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
            Exporter                     Producer             average
                                                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
Nanjing Dongsheng Shelf          Nanjing Dongsheng Shelf           18.08
 Manufacturing Co., Ltd.          Manufacturing Co., Ltd.
Ateel Display Industries         Ateel Display                     18.08
 (Xiamen) Co., Ltd.               Industries (Xiamen)
                                  Co., Ltd.
CTC Universal (Zhangzhou)        CTC Universal                     18.08
 Industrial Co., Ltd.             (Zhangzhou) Industrial
                                  Co., Ltd.
David Metal Craft Manufactory    David Metal Craft                 18.08
 Ltd.                             Manufactory Ltd.
Guangdong Wireking Housewares    Guangdong Wireking                18.08
 and Hardware Co., Ltd.           Housewares and
                                  Hardware Co., Ltd.
Hebei Minmetals Co., Ltd.......  Hebei Wuxin Garden                18.08
                                  Products Co., Ltd.
Hebei Minmetals Co., Ltd.......  Huanghua Xinxing                  18.08
                                  Furniture Co., Ltd.
Hebei Minmetals Co., Ltd.......  Huanghua Xingyu                   18.08
                                  Hardware Products Co.,
                                  Ltd.
Hebei Minmetals Co., Ltd.......  Huangua Qingxin                   18.08
                                  Hardware Products Co.,
                                  Ltd.
Hebei Minmetals Co., Ltd.......  Huangua Haixin Hardware           18.08
                                  Products Co., Ltd.
Hebei Minmetals Co., Ltd.......  Huanghua Hualing                  18.08
                                  Hardware Products Co.,
                                  Ltd.
i-Lift Equipment Ltd...........  Yuanda Storage                    18.08
                                  Equipment Ltd.
Jiangsu Nova Intelligent         Jiangsu Nova                      18.08
 Logistics Equipment Co., Ltd.    Intelligent Logistics
                                  Equipment Co., Ltd.
Johnson (Suzhou) Metal Products  Johnson (Suzhou) Metal            18.08
 Co., Ltd.                        Products Co., Ltd.
Master Trust (Xiamen) Import     Zhangzhou Hongcheng               18.08
 and Export Co., Ltd.             Hardware & Plastic
                                  Industry Co., Ltd.
Nanjing Ironstone Storage        Jiangsu Baigeng                   18.08
 Equipment Co., Ltd.              Logistics Equipments
                                  Co., Ltd.
Nanjing Kingmore Logistics       Nanjing Kingmore                  18.08
 Equipment Manufacturing Co.,     Logistics Equipment
 Ltd.                             Manufacturing Co., Ltd.
Nanjing Kingmore Logistics       Jiangsu Kingmore                  18.08
 Equipment Manufacturing Co.,     Storage Equipment
 Ltd.                             Manufacturing Co., Ltd.
Ningbo Beilun Songyi Warehouse   Ningbo Beilun Songyi              18.08
 Equipment Manufacturing Co.,     Warehouse Equipment
 Ltd.                             Manufacturing Co., Ltd.
Ningbo Xinguang Rack Co., Ltd..  Ningbo Xinguang Rack              18.08
                                  Co., Ltd.
Qingdao Rockstone Logistics      Qingdao Rockstone                 18.08
 Appliance Co., Ltd.              Logistics Appliance
                                  Co., Ltd.
Redman Corporation.............  Redman Corporation.....           18.08
Redman Import & Export Limited.  Redman Corporation.....           18.08
Suzhou (China) Sunshine          Changzhou Tianyue                 18.08
 Hardware & Equipment Imp. &      Storage Equipment Co.,
 Exp. Co. Ltd.                    Ltd.
Suzhou (China) Sunshine          Ningbo Beilun Songyi              18.08
 Hardware & Equipment Imp. &      Warehouse Equipment
 Exp. Co. Ltd.                    Manufacturing Co., Ltd.
Tianjin Master Logistics         Tianjin Master                    18.08
 Equipment Co., Ltd.              Logistics Equipment
                                  Co., Ltd.
Waken Display System Co., Ltd..  CTC Universal                     18.08
                                  (Zhangzhou) Industrial
                                  Co., Ltd.
Xiamen Aifeimetal Manufacturing  Xiamen Aifeimetal                 18.08
 Co., Ltd.                        Manufacturing Co., Ltd.
Xiamen Baihuide Manufacturing    Xiamen Baihuide                   18.08
 Co., Ltd.                        Manufacturing Co., Ltd.
Xiamen Ever Glory Fixtures Co.,  Fujian First Industry             18.08
 Ltd.                             and Trade Co., Ltd.
Xiamen Ever Glory Fixtures Co.,  Fujian Ever Glory                 18.08
 Ltd.                             Fixtures Co., LTD.
Xiamen Ever Glory Fixtures Co.,  Xiamen Ever Glory                 18.08
 Ltd.                             Fixtures Co., Ltd.
Xiamen Golden Trust Industry &   Xiamen Golden Trust               18.08
 Trade Co., Ltd.                  Industry & Trade Co.,
                                  Ltd.

[[Page 7328]]

 
Xiamen Kingfull Imp and Exp      Xiamen Huiyi Beauty               18.08
 Co., Ltd (d.b.a) Xiamen          Furniture Co., Ltd.
 Kingfull Displays Co., Ltd.
Xiamen Kingfull Imp and Exp      Xiamen LianHong                   18.08
 Co., Ltd (d.b.a) Xiamen          Industry and Trade
 Kingfull Displays Co., Ltd.      Co., Ltd.
Xiamen LianHong Industry and     Xiamen LianHong                   18.08
 Trade Co., Ltd.                  Industry and Trade
                                  Co., Ltd.
Xiamen Luckyroc Industry Co.,    Xiamen Luckyroc Storage           18.08
 Ltd.                             Equipment Manufacture
                                  Co., Ltd.
Xiamen Meitoushan Metal Product  Xiamen Meitoushan Metal           18.08
 Co., Ltd.                        Product Co., Ltd.
Xiamen Power Metal Display Co.,  Xiamen Power Metal                18.08
 Ltd.                             Display Co., Ltd.
Xiamen XinHuiYuan Industrial &   Xiamen XinHuiYuan                 18.08
 Trade Co., Ltd.                  Industrial & Trade
                                  Co., Ltd.
Xiamen Yiree Display Fixtures    Xiamen Yiree Display              18.08
 Co., Ltd.                        Fixtures Co., Ltd.
Zhangjiagang Better Display      Zhangjiagang Better               18.08
 Co., Ltd.                        Display Co., Ltd.
China-wide Entity..............  .......................          144.50
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
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, 
as discussed below. Further, pursuant to section 733(d)(1)(B) of the 
Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash 
deposit equal to the weighted average amount by which normal value 
exceeds U.S. price, as indicated in the table above as follows: (1) For 
the producer/exporter combinations listed in the table above, the cash 
deposit rate is equal to the estimated weighted-average dumping margin 
listed for that combination in the table; (2) for all combinations of 
China producers/exporters of merchandise under consideration that have 
not established eligibility for their own separate rates, the cash 
deposit rate will be equal to the estimated weighted-average dumping 
margin established for the China-wide entity; and (3) for all third-
county exporters of the merchandise under consideration not listed in 
the table above, the cash deposit rate is the cash deposit rate 
applicable to the China producer/exporter combination (or the China-
wide entity) that supplied that third-country exporter.
    To determine the cash deposit rate, Commerce normally adjusts the 
estimated weighted-average dumping margin by the amount of domestic 
subsidy pass-through and export subsidies determined in a companion CVD 
proceeding when CVD provisional measures are in effect. However, 
Commerce has not made a preliminary affirmative determination for a 
domestic subsidy pass-through adjustment in this AD investigation, nor 
has it found export subsidies in the companion CVD investigation. 
Therefore, Commerce made no offsets to the estimated weighted-average 
dumping margin for purposes of calculating the appropriate cash deposit 
rate.
    These suspension of liquidation instructions will remain in effect 
until further notice.

Disclosure

    Commerce intends to disclose to interested parties the calculations 
performed in connection with this preliminary determination within five 
days of its public announcement or, if there is no public announcement, 
within five days of the date of publication of this notice in 
accordance with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify information relied upon in making its final determination.

Public Comment

    Case briefs or other written comments, on all issues other than 
scope issues, may be submitted to the Assistant Secretary for 
Enforcement and Compliance no later than seven days after the date on 
which the last final verification report is issued in this 
investigation, unless the Secretary alters the time limit. Rebuttal 
case briefs, limited to issues raised in case briefs, may be submitted 
no later than five days after the deadline date for case briefs.\10\
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    Interested parties may address Commerce's preliminary scope 
determination in scope briefs which may be submitted to the Assistant 
Secretary for Enforcement and Compliance no later than 30 days after 
the publication of the preliminary AD determination in the Federal 
Register. Rebuttal scope briefs, limited to issues raised in scope 
briefs, may be submitted no later than five days after the deadline 
date for scope briefs. Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 
parties who submit 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.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary

[[Page 7329]]

determination, a request for such postponement is made by the 
petitioner. Pursuant to 19 CFR 351.210(e)(2), Commerce requires that 
requests by respondents for postponement of a final antidumping 
determination be accompanied by a request for extension of provisional 
measures from a four-month period to a period not more than six months 
in duration.
    On December 10, 2018, pursuant to 19 CFR 351.210(b)(2)(ii) and 
e(2), Nanjing Dongsheng requested that Commerce postpone the final 
determination, and that provisional measures be extended to a period 
not to exceed six months.\11\ In accordance with section 735(a)(2)(A) 
of the Act and 19 CFR 351.210(b)(2)(ii) and (e)(2), because (1) the 
preliminary determination is affirmative; (2) the requesting exporter 
accounts for a significant proportion of exports of the subject 
merchandise; and (3) no compelling reasons for denial exist, Commerce 
is postponing the final determination and extending the provisional 
measures from a four-month period to a period not greater than six 
months. Accordingly, Commerce will make the final determination no 
later than 135 days after the date of publication of this preliminary 
determination, pursuant to section 735(a)(2) of the Act.\12\
---------------------------------------------------------------------------

    \11\ See Letter from Dongsheng, ``Steel Racks from the People's 
Republic of China--Request for Extension of Final Determination and 
Provisional Measures,'' dated December 10, 2018, (``Dongsheng 
Extension Request'').
    \12\ See 19 CFR 351.210(e).
---------------------------------------------------------------------------

International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its preliminary 
determination of sales at LTFV. 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 whether imports of the subject merchandise are materially 
injuring, or threaten material injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: February 25, 2019.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix I--Scope of the Investigation

    The 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 (e.g., 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, 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. Subject steel racks have the following physical 
characteristics:
    (1) Each steel vertical and horizontal load bearing member 
(e.g., arms, beams, posts, and columns) is composed of steel that is 
at least 0.044 inches thick;
    (2) Each steel vertical and horizontal load bearing member 
(e.g., arms, beams, posts, and columns) is composed of steel that 
has a yield strength equal to or greater than 36,000 pounds per 
square inch;
    (3) The width of each steel vertical load bearing member (e.g., 
posts and columns) exceeds two inches; and
    (4) The overall depth of each steel roll-formed horizontal load 
bearing member (e.g., beams) exceeds two inches.
    In the case of steel horizontal load bearing members other than 
roll-formed (e.g., structural beams, Z-beams, or cantilever arms), 
only the criteria in subparagraphs (1) and (2) apply to these 
horizontal load bearing members. The depth limitation in 
subparagraph (4) does not apply to steel horizontal load bearing 
members that are not roll-formed.
    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) other dimensions, weight, 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) rack 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., units 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

[[Page 7330]]

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 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.
    Such excluded components of boltless steel shelving are defined 
as:
    (1) Boltless horizontal supports (beams, braces) that have each 
of the following characteristics: (a) A length of 95 inches or less, 
(b) made from steel that has a thickness of 0.068 inches or less, 
and (c) a weight capacity that does not exceed 2500 lbs per pair of 
beams for beams that are 78'' or shorter, a weight capacity that 
does not exceed 2200 lbs per pair of beams for beams that are over 
78'' long but not longer than 90'', and/or a weight capacity that 
does not exceed 1800 lbs per pair of beams for beams that are longer 
than 90'';
    (2) shelf supports that mate with the aforementioned horizontal 
supports; and
    (3) boltless vertical supports (upright welded frames and posts) 
that have each of the following characteristics: (a) A length of 95 
inches or less, (b) with no face that exceeds 2.90 inches wide, and 
(c) made from steel that has a thickness of 0.065 inches or less.
    Excluded from the scope of this investigation are: (1) Wall-
mounted shelving and racks, defined as shelving and racks that 
suspend all of the load from the wall, and do not stand on, or 
transfer load to, the floor; (2) ceiling-mounted shelving and racks, 
defined as shelving and racks that suspend all of the load from the 
ceiling and do not stand on, or transfer load to, the floor; and (3) 
wall/ceiling mounted shelving and racks, defined as shelving and 
racks that suspend the load from the ceiling and the wall and do not 
stand on, or transfer load to, the floor. The addition of a wall or 
ceiling bracket or other device to attach otherwise subject 
merchandise to a wall or ceiling does not meet the terms of this 
exclusion.
    Also excluded from the scope of this investigation is 
scaffolding that complies with ANSI/ASSE A10.8--2011--Scaffolding 
Safety Requirements, CAN/CSA S269.2-M87 (Reaffirmed 2003)--Access 
Scaffolding for Construction Purposes, and/or Occupational Safety 
and Health Administration regulations at 29 CFR part 1926 subpart 
L--Scaffolds.
    Also excluded from the scope of this investigation are tubular 
racks such as garment racks and drying racks, i.e., racks in which 
the load bearing vertical and horizontal steel members consist 
solely of: (1) Round tubes that are no more than two inches in 
diameter; (2) round rods that are no more than two inches in 
diameter; (3) other tubular shapes that have both an overall height 
of no more than two inches and an overall width of no more than two 
inches; and/or (4) wire.
    Also excluded from the scope of this investigation are portable 
tier racks. Portable tier racks must meet each of the following 
criteria to qualify for this exclusion:
    (1) They are freestanding, portable assemblies with a fully 
welded base and four freely inserted and easily removable corner 
posts;
    (2) They are assembled without the use of bolts, braces, 
anchors, brackets, clips, attachments, or connectors;
    (3) One assembly may be stacked on top of another without 
applying any additional load to the product being stored on each 
assembly, but individual portable tier racks are not securely 
attached to one another to provide interaction or interdependence; 
and
    (4) The assemblies have no mechanism (e.g., a welded foot plate 
with bolt holes) for anchoring the assembly to the ground.
    Also excluded from the scope of this investigation are 
accessories that are independently bolted to the floor and not 
attached to the rack system itself, i.e., column protectors, corner 
guards, bollards, and end row and end of aisle protectors.
    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.

Appendix II--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Final Determination and Extension of Provisional 
Measures
V. Scope Comments
VI. Scope of the Investigation
VII. Selection of Respondents
VIII. Discussion of the Methodology
    A. Non-Market Economy Country
    B. Surrogate Country and Surrogate Value Comments
    C. Separate Rates
    D. Dumping Margin for the Separate Rate Companies Not 
Individually Examined
    E. Combination Rates
    F. The China-Wide Entity
    G. Application of Facts Available and Adverse Inferences
    H. Date of Sale
    I. Fair Value Comparisons
    J. Export Price
    K. Normal Value
    L. Factor Valuation Methodology
IX. Currency Conversion
X. Adjustment Under Section 777A(f) of the Act
XI. Adjustment for Countervailable Export Subsidies
XII. Verification
XIII. Conclusion

[FR Doc. 2019-03820 Filed 3-1-19; 8:45 am]
 BILLING CODE 3510-DS-P