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]
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Notices
Federal Register
Vol. 84, No. 42
Monday, March 4, 2019
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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]
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DEPARTMENT OF COMMERCE
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ACTION: Notice of intent to prepare an
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[A–570–088]
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SUMMARY:
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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
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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 https://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).
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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
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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
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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
https://enforcement.trade.gov/policy/bull05-1.pdf.
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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
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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).
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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
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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).
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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
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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
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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]
=======================================================================
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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 https://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 https://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
