Steel Racks From China; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations, 11835-11838 [2019-05925]
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Federal Register / Vol. 84, No. 60 / Thursday, March 28, 2019 / Notices
3. Ratification List.
4. Vote on Inv. Nos. 731–TA–1435–
1440 (Preliminary) (Acetone from
Belgium, Korea, Saudi Arabia,
Singapore, South Africa, and Spain).
The Commission is currently scheduled
to complete and file its determinations
on April 5, 2019; views of the
Commission are currently scheduled to
be completed and filed on April 12,
2019.
5. Outstanding action jackets: None.
In accordance with Commission
policy, subject matter listed above, not
disposed of at the scheduled meeting,
may be carried over to the agenda of the
following meeting.
By order of the Commission.
Issued: March 25, 2019.
William Bishop,
Supervisory Hearings and Information
Officer.
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[USITC SE–19–009]
Government in the Sunshine Act
Meeting Notice
United
States International Trade Commission.
AGENCY HOLDING THE MEETING:
April 5, 2019 at 11:00
a.m.
Room 101, 500 E Street SW,
Washington, DC 20436, Telephone:
(202) 205–2000.
PLACE:
STATUS:
Open to the public.
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MATTERS TO BE CONSIDERED:
1. Agendas for future meetings: None.
2. Minutes.
3. Ratification List.
4. Vote on Inv. Nos. 701–TA–618–619
and 731–TA–1441–1444 (Preliminary)
(Carbon and Alloy Steel Threaded Rod
from China, India, Taiwan, and
Thailand). The Commission is currently
scheduled to complete and file its
determinations on April 8, 2019; views
of the Commission are currently
scheduled to be completed and filed on
April 15, 2019.
5. Outstanding action jackets: None.
In accordance with Commission
policy, subject matter listed above, not
disposed of at the scheduled meeting,
may be carried over to the agenda of the
following meeting.
By order of the Commission.
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[FR Doc. 2019–06052 Filed 3–26–19; 11:15 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–608 and 731–
TA–1420 (Final)]
Steel Racks From China; Scheduling of
the Final Phase of Countervailing Duty
and Antidumping Duty Investigations
United States International
Trade Commission.
ACTION: Notice.
AGENCY:
The Commission hereby gives
notice of the scheduling of the final
phase of antidumping and
countervailing duty investigation Nos.
701–TA–608 and 731–TA–1420 (Final)
pursuant to the Tariff Act of 1930 (‘‘the
Act’’) to determine whether an industry
in the United States is materially
injured or threatened with material
injury, or the establishment of an
industry in the United States is
materially retarded, by reason of
imports of steel racks from China,
provided for in subheadings
7326.90.8688, 9403.20.0080,
9403.90.8041, 7308.90.3000,
7308.90.6000, 7308.90.9590, and
9403.20.0090 of the Harmonized Tariff
Schedule of the United States,
preliminarily determined by the
Department of Commerce (‘‘Commerce’’)
to be subsidized and sold at less-thanfair-value.
DATES: March 4, 2019.
FOR FURTHER INFORMATION CONTACT:
Stamen Borisson ((202) 205–3125),
Office of Investigations, U.S.
International Trade Commission, 500 E
Street SW, Washington, DC 20436.
Hearing-impaired persons can obtain
information on this matter by contacting
the Commission’s TDD terminal on 202–
205–1810. Persons with mobility
impairments who will need special
assistance in gaining access to the
Commission should contact the Office
of the Secretary at 202–205–2000.
General information concerning the
Commission may also be obtained by
accessing its internet server (https://
www.usitc.gov). The public record for
these investigations may be viewed on
the Commission’s electronic docket
(EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Scope.—For purposes of these
investigations, Commerce has defined
SUMMARY:
[FR Doc. 2019–06051 Filed 3–26–19; 11:15 am]
TIME AND DATE:
Issued: March 25, 2019.
William Bishop,
Supervisory Hearings and Information
Officer.
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the subject merchandise as ‘‘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 rollformed.
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 positivelocking 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
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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 these investigations,
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 these investigations 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 these investigations 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 these
investigations whether or not imported
attached to, or included with, other
parts or accessories such as wire
decking, nuts, and bolts. If steel racks
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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 these investigations 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 these investigations are any products
covered by Commerce’s existing
antidumping and countervailing duty
orders on boltless steel shelving units
prepackaged for sale from the People’s
Republic of China. See Boltless Steel
Shelving Units Prepackaged for Sale
From the People’s Republic of China:
Antidumping Duty Order, 80 FR 63,741
(October 21, 2017); Boltless Steel
Shelving Units Prepackaged for Sale
From the People’s Republic of China:
Amended Final Affirmative
Countervailing Duty Determination and
Countervailing Duty Order, 80 FR
63,745 (October 21, 2017).
Also excluded from the scope of these
investigations 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 bulkpacked 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
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(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 these
investigations 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) ceilingmounted 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 these
investigations 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 these
investigations 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 these
investigations 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
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(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 these
investigations 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 these
investigations 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.’’
Background.—The final phase of
these investigations is being scheduled
pursuant to sections 705(b) and 731(b)
of the Tariff Act of 1930 (19 U.S.C.
1671d(b) and 1673d(b)), as a result of
affirmative preliminary determinations
by Commerce that certain benefits
which constitute subsidies within the
meaning of section 703 of the Act (19
U.S.C. 1671b) are being provided to
manufacturers, producers, or exporters
in China of steel racks, and that such
products are being sold in the United
States at less than fair value within the
meaning of section 733 of the Act (19
U.S.C. 1673b). The investigations were
requested in petitions filed on June 20,
2018, by Bulldog Rack Company,
Weirton, West Virginia; Hannibal
Industries, Inc., Los Angeles, California;
Husky Rack and Wire, Denver, North
Carolina; Ridg-U-Rak, Inc., North East,
Pennsylvania; SpaceRAK, A Division of
Heartland Steel Products, Inc.,
Marysville, Michigan; Speedrack
Products Group, Ltd., Sparta, Michigan;
Steel King Industries, Inc., Stevens
Point, Wisconsin; Tri-Boro Shelving &
Partition Corp., Farmville, Virginia; and
UNARCO Material Handling, Inc.,
Springfield, Tennessee.
For further information concerning
the conduct of this phase of the
investigations, hearing procedures, and
rules of general application, consult the
Commission’s Rules of Practice and
Procedure, part 201, subparts A and B
(19 CFR part 201), and part 207,
subparts A and C (19 CFR part 207).
Participation in the investigations and
public service list.—Persons, including
industrial users of the subject
merchandise and, if the merchandise is
sold at the retail level, representative
consumer organizations, wishing to
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participate in the final phase of these
investigations as parties must file an
entry of appearance with the Secretary
to the Commission, as provided in
section 201.11 of the Commission’s
rules, no later than 21 days prior to the
hearing date specified in this notice. A
party that filed a notice of appearance
during the preliminary phase of the
investigations need not file an
additional notice of appearance during
this final phase. The Secretary will
maintain a public service list containing
the names and addresses of all persons,
or their representatives, who are parties
to the investigations.
Limited disclosure of business
proprietary information (BPI) under an
administrative protective order (APO)
and BPI service list.—Pursuant to
section 207.7(a) of the Commission’s
rules, the Secretary will make BPI
gathered in the final phase of these
investigations available to authorized
applicants under the APO issued in the
investigations, provided that the
application is made no later than 21
days prior to the hearing date specified
in this notice. Authorized applicants
must represent interested parties, as
defined by 19 U.S.C. 1677(9), who are
parties to the investigations. A party
granted access to BPI in the preliminary
phase of the investigations need not
reapply for such access. A separate
service list will be maintained by the
Secretary for those parties authorized to
receive BPI under the APO.
Staff report.—The prehearing staff
report in the final phase of these
investigations will be placed in the
nonpublic record on July 1, 2019, and
a public version will be issued
thereafter, pursuant to section 207.22 of
the Commission’s rules.
Hearing.—The Commission will hold
a hearing in connection with the final
phase of these investigations beginning
at 9:30 a.m. on Tuesday, July 16, 2019,
at the U.S. International Trade
Commission Building. Requests to
appear at the hearing should be filed in
writing with the Secretary to the
Commission on or before July 10, 2019.
A nonparty who has testimony that may
aid the Commission’s deliberations may
request permission to present a short
statement at the hearing. All parties and
nonparties desiring to appear at the
hearing and make oral presentations
should participate in a prehearing
conference to be held on July 12, 2019,
at the U.S. International Trade
Commission Building, if deemed
necessary. Oral testimony and written
materials to be submitted at the public
hearing are governed by sections
201.6(b)(2), 201.13(f), and 207.24 of the
Commission’s rules. Parties must submit
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11837
any request to present a portion of their
hearing testimony in camera no later
than 7 business days prior to the date of
the hearing.
Written submissions.—Each party
who is an interested party shall submit
a prehearing brief to the Commission.
Prehearing briefs must conform with the
provisions of section 207.23 of the
Commission’s rules; the deadline for
filing is July 9, 2019. Parties may also
file written testimony in connection
with their presentation at the hearing, as
provided in section 207.24 of the
Commission’s rules, and posthearing
briefs, which must conform with the
provisions of section 207.25 of the
Commission’s rules. The deadline for
filing posthearing briefs is July 23, 2019.
In addition, any person who has not
entered an appearance as a party to the
investigations may submit a written
statement of information pertinent to
the subject of the investigations,
including statements of support or
opposition to the petition, on or before
July 23, 2019. On August 14, 2019, the
Commission will make available to
parties all information on which they
have not had an opportunity to
comment. Parties may submit final
comments on this information on or
before August 16, 2019, but such final
comments must not contain new factual
information and must otherwise comply
with section 207.30 of the Commission’s
rules. All written submissions must
conform with the provisions of section
201.8 of the Commission’s rules; any
submissions that contain BPI must also
conform with the requirements of
sections 201.6, 207.3, and 207.7 of the
Commission’s rules. The Commission’s
Handbook on E-Filing, available on the
Commission’s website at https://
edis.usitc.gov, elaborates upon the
Commission’s rules with respect to
electronic filing.
Additional written submissions to the
Commission, including requests
pursuant to section 201.12 of the
Commission’s rules, shall not be
accepted unless good cause is shown for
accepting such submissions, or unless
the submission is pursuant to a specific
request by a Commissioner or
Commission staff.
In accordance with sections 201.16(c)
and 207.3 of the Commission’s rules,
each document filed by a party to the
investigations must be served on all
other parties to the investigations (as
identified by either the public or BPI
service list), and a certificate of service
must be timely filed. The Secretary will
not accept a document for filing without
a certificate of service.
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Authority: These investigations are being
conducted under authority of title VII of the
Tariff Act of 1930; this notice is published
pursuant to section 207.21 of the
Commission’s rules.
By order of the Commission.
Issued: March 22, 2019.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2019–05925 Filed 3–27–19; 8:45 am]
BILLING CODE 7020–02–P
I. Background and Authority
DEPARTMENT OF LABOR
Employment and Training
Administration
Solicitation of nominations for the
Native American Employment and
Training Council
Employment and Training
Administration, Department of Labor.
ACTION: Solicitation of nominations for
the Native American Employment and
Training Council (Council).
AGENCY:
The Department of Labor
(Department) is soliciting nominations
for appointment to the Council for
consideration by the Secretary of Labor.
The Secretary invites federally
recognized tribes, Native American nonprofit organizations, and Alaska Native
and Native Hawaiian organizations to
submit nominations and announces
procedures for those nominations.
DATES: Nominations for individuals to
serve on the Council must be submitted
(postmarked if sending by mail;
electronically or received if handdelivered) by April 29, 2019.
ADDRESSES: Submit nominations and
supporting materials described in this
Federal Register Notice by any one of
the following methods:
Electronically: Submit nominations,
including attachments, by email using
the following address: NAETC@dol.gov
(Use subject line ‘‘Nomination—Native
American Employment and Training
Council).
Mail, express delivery, hand delivery,
messenger, or courier service: Submit
one copy of the nominations and
supporting materials to the following
address: Native American Employment
and Training Council Nominations,
Division of Indian and Native American
Programs, U.S. Department of Labor,
200 Constitution Ave. NW, Room S–
4209, Washington, DC 20210. Deliveries
by hand, express mail, messenger, and
courier service are accepted by the
Division of Indian and Native American
Programs during the hours of 9:00 a.m.–
5:00 p.m. Eastern Daylight Time,
Monday through Friday. Due to
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SUMMARY:
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security-related procedures,
submissions by regular mail may
experience significant delays.
Facsimile: The Department will not
accept nominations submitted by fax.
FOR FURTHER INFORMATION CONTACT:
Athena Brown, Division of Indian and
Native American Programs, (address
above); by phone at (202) 693–3737 or
by email at brown.athena@dol.gov or
NAETC@dol.gov.
SUPPLEMENTARY INFORMATION:
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The Council is a non-discretionary
committee authorized under WIOA with
the purpose of advising the Secretary on
the operation and administration of the
WIOA Section 166 Indian and Native
American Employment and Training
programs. The Charter provides for the
Council to consist of no less than 15 but
no more than 20 members, appointed by
the Secretary, who are representatives of
Indian tribes, tribal organizations,
Alaska Native entities, Indian-controlled
organizations serving Indians, and
Native Hawaiian organizations.
Members of the Council shall serve at
the pleasure of the Secretary for a twoyear term designated by the Secretary
and without compensation except that
members shall be allowed travel
expenses, including per diem, while
away from their homes or regular places
of business in the performance of
services for the Council.
II. Structure
Except as otherwise required by law,
the Council membership will be
consistent with the applicable Federal
Advisory Committee Act (FACA)
regulations as follows: (a) Membership
on the Council will be fairly balanced;
(b) members will come from a crosssection of those directly affected,
interested, and qualified as appropriate
to the nature and functions of the
Council; and (c) the composition of the
Council depends upon several factors,
including: (i) The Council’s mission; (ii)
the geographic, ethnic, social, economic,
or scientific impact of the advisory
committee’s recommendations; (iii) the
types of specific perspectives required;
(iv) the need to obtain divergent points
of view on the issues before the Council,
such as those of consumers, technical
experts, the public at-large, academia,
business, or other sectors; and (v) the
relevance of state, local, and tribal
governments to the development of the
Council’s recommendations.
Twelve appointments expired on May
11, 2018, and five expired on November
14, 2018. The Department is
consolidating the nomination process
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for both appointment expiration dates in
one announcement; however, the
Council’s two-year terms will remain
the same. To the extent permitted by
FACA and other laws, the Council
membership should also be consistent
with achieving the greatest impact,
scope, and credibility among diverse
stakeholders. The diversity in such
membership includes but is not limited
to: Race, gender, disability, sexual
orientation, and gender identity.
III. Nomination Process
The Secretary seeks nominations from
representatives of tribal governments
and American Indian, Alaska Native,
and Native Hawaiian organizations who
have expertise in the areas of workforce
development, secondary and postsecondary education, healthcare, human
services, veteran services, and business
and economic development to join the
Council and provide expertise on the
WIOA Section 166 Indian and Native
American Programs. The Charter
requires that the Council, to the extent
practicable, shall represent all
geographic areas of the United States
with a substantial Indian, Alaska Native,
or Native Hawaiian population.
Accordingly, the Department seeks
representatives from each of the six ETA
regions (see ETA regions located at:
https://www.doleta.gov/regions), as well
as representatives from Hawaii, Alaska,
Oklahoma, and Other Disciplines.
Appointments for the following 12
members expired on May 11, 2018:
Mr. Darrell Waldron, Region I, Boston
(includes CT, MA, ME, NH, NJ, NY, PR, RI,
VI and VT);
Mr. Elkton Richardson and Mr. Curtis
Osceola, Region III, Atlanta (includes AL, FL,
GA, KY, MS, NC, SC, and TN);
Ms. Kimberly Carroll, Region IV, Dallas
(includes AR, CO, LA, MT, ND, NM, OK, SD,
TX, UT, and WY);
Ms. Christine Campbell, Region V, Chicago
(includes IA, IL, IN, KS, MI, MN, MO, NE,
OH, and WI);
Mr. Gary Rickard, Ms. Roselyn Shirley, and
Mr. Jacob Bernal, Region VI, San Francisco
(includes AK, AZ, CA, GU, HI, ID, NV, OR,
and WA);
Mr. Michael Tucker, Region VI, Alaska
Native representative; and
Dr. Cynthia Lindquist, Mr. Jason Smith,
and Mr. Dave Archambault II, Other
Disciplines representatives.
All individuals listed above are
eligible for nomination.
Appointments for the following five
members expired on November 14,
2018:
Chief G. Anne Richardson, Region II,
Philadelphia (includes DE, MD, PA, WV and
VA);
Mr. Erwin L. Pahmahmie, Jr., Region IV,
Dallas (includes AR, CO, LA, MT, ND, NM,
OK, SD, TX, UT, and WY);
E:\FR\FM\28MRN1.SGM
28MRN1
]]>Agencies
[Federal Register Volume 84, Number 60 (Thursday, March 28, 2019)]
[Notices]
[Pages 11835-11838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05925]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-608 and 731-TA-1420 (Final)]
Steel Racks From China; Scheduling of the Final Phase of
Countervailing Duty and Antidumping Duty Investigations
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping and countervailing duty investigation Nos.
701-TA-608 and 731-TA-1420 (Final) pursuant to the Tariff Act of 1930
(``the Act'') to determine whether an industry in the United States is
materially injured or threatened with material injury, or the
establishment of an industry in the United States is materially
retarded, by reason of imports of steel racks from China, provided for
in subheadings 7326.90.8688, 9403.20.0080, 9403.90.8041, 7308.90.3000,
7308.90.6000, 7308.90.9590, and 9403.20.0090 of the Harmonized Tariff
Schedule of the United States, preliminarily determined by the
Department of Commerce (``Commerce'') to be subsidized and sold at
less-than-fair-value.
DATES: March 4, 2019.
FOR FURTHER INFORMATION CONTACT: Stamen Borisson ((202) 205-3125),
Office of Investigations, U.S. International Trade Commission, 500 E
Street SW, Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000.
General information concerning the Commission may also be obtained
by accessing its internet server (https://www.usitc.gov). The public
record for these investigations may be viewed on the Commission's
electronic docket (EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Scope.--For purposes of these investigations, Commerce has defined
the subject merchandise as ``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
[[Page 11836]]
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 these investigations, 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 these investigations 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 these investigations 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 these
investigations 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 these investigations 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 these investigations are
any products covered by Commerce's existing antidumping and
countervailing duty orders on boltless steel shelving units prepackaged
for sale from the People's Republic of China. See Boltless Steel
Shelving Units Prepackaged for Sale From the People's Republic of
China: Antidumping Duty Order, 80 FR 63,741 (October 21, 2017);
Boltless Steel Shelving Units Prepackaged for Sale From the People's
Republic of China: Amended Final Affirmative Countervailing Duty
Determination and Countervailing Duty Order, 80 FR 63,745 (October 21,
2017).
Also excluded from the scope of these investigations 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 these investigations 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 these investigations 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 these investigations 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 these investigations 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
[[Page 11837]]
(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 these investigations 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 these investigations 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.''
Background.--The final phase of these investigations is being
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative
preliminary determinations by Commerce that certain benefits which
constitute subsidies within the meaning of section 703 of the Act (19
U.S.C. 1671b) are being provided to manufacturers, producers, or
exporters in China of steel racks, and that such products are being
sold in the United States at less than fair value within the meaning of
section 733 of the Act (19 U.S.C. 1673b). The investigations were
requested in petitions filed on June 20, 2018, by Bulldog Rack Company,
Weirton, West Virginia; Hannibal Industries, Inc., Los Angeles,
California; Husky Rack and Wire, Denver, North Carolina; Ridg-U-Rak,
Inc., North East, Pennsylvania; SpaceRAK, A Division of Heartland Steel
Products, Inc., Marysville, Michigan; Speedrack Products Group, Ltd.,
Sparta, Michigan; Steel King Industries, Inc., Stevens Point,
Wisconsin; Tri-Boro Shelving & Partition Corp., Farmville, Virginia;
and UNARCO Material Handling, Inc., Springfield, Tennessee.
For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19
CFR part 207).
Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in section 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of these investigations
available to authorized applicants under the APO issued in the
investigations, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigations. A party granted access
to BPI in the preliminary phase of the investigations need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on July 1,
2019, and a public version will be issued thereafter, pursuant to
section 207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on Tuesday,
July 16, 2019, at the U.S. International Trade Commission Building.
Requests to appear at the hearing should be filed in writing with the
Secretary to the Commission on or before July 10, 2019. A nonparty who
has testimony that may aid the Commission's deliberations may request
permission to present a short statement at the hearing. All parties and
nonparties desiring to appear at the hearing and make oral
presentations should participate in a prehearing conference to be held
on July 12, 2019, at the U.S. International Trade Commission Building,
if deemed necessary. Oral testimony and written materials to be
submitted at the public hearing are governed by sections 201.6(b)(2),
201.13(f), and 207.24 of the Commission's rules. Parties must submit
any request to present a portion of their hearing testimony in camera
no later than 7 business days prior to the date of the hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of section 207.23 of the Commission's
rules; the deadline for filing is July 9, 2019. Parties may also file
written testimony in connection with their presentation at the hearing,
as provided in section 207.24 of the Commission's rules, and
posthearing briefs, which must conform with the provisions of section
207.25 of the Commission's rules. The deadline for filing posthearing
briefs is July 23, 2019. In addition, any person who has not entered an
appearance as a party to the investigations may submit a written
statement of information pertinent to the subject of the
investigations, including statements of support or opposition to the
petition, on or before July 23, 2019. On August 14, 2019, the
Commission will make available to parties all information on which they
have not had an opportunity to comment. Parties may submit final
comments on this information on or before August 16, 2019, but such
final comments must not contain new factual information and must
otherwise comply with section 207.30 of the Commission's rules. All
written submissions must conform with the provisions of section 201.8
of the Commission's rules; any submissions that contain BPI must also
conform with the requirements of sections 201.6, 207.3, and 207.7 of
the Commission's rules. The Commission's Handbook on E-Filing,
available on the Commission's website at https://edis.usitc.gov,
elaborates upon the Commission's rules with respect to electronic
filing.
Additional written submissions to the Commission, including
requests pursuant to section 201.12 of the Commission's rules, shall
not be accepted unless good cause is shown for accepting such
submissions, or unless the submission is pursuant to a specific request
by a Commissioner or Commission staff.
In accordance with sections 201.16(c) and 207.3 of the Commission's
rules, each document filed by a party to the investigations must be
served on all other parties to the investigations (as identified by
either the public or BPI service list), and a certificate of service
must be timely filed. The Secretary will not accept a document for
filing without a certificate of service.
[[Page 11838]]
Authority: These investigations are being conducted under
authority of title VII of the Tariff Act of 1930; this notice is
published pursuant to section 207.21 of the Commission's rules.
By order of the Commission.
Issued: March 22, 2019.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2019-05925 Filed 3-27-19; 8:45 am]
BILLING CODE 7020-02-P
