Certain Steel Racks and Parts Thereof From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, 35595-35599 [2019-15718]
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Federal Register / Vol. 84, No. 142 / Wednesday, July 24, 2019 / Notices
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);
and 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
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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 Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Use of Facts Otherwise Available and
Adverse Inferences
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Analysis of Comments
Comment 1: Commerce’s Treatment of
Aifeimetal in this Investigation
Comment 2: Whether Commerce’s
Benchmarks Properly Take into Account
Prevailing Market Conditions
Comment 3: Whether Commerce Used the
Correct Tariff Rate in Constructing the
Cold-Rolled and Hot-Rolled Steel
Benchmarks
Comment 4: Whether to Countervail
Subsidies for Which There Was No
Formal Initiation of an Investigation
Comment 5: Whether to Revise
Dongsheng’s Benefit Calculation under
the Electricity for Less than Adequate
Remuneration (LTAR) Program
Comment 6: Whether to Include
Dongsheng’s Purchases of Structural
Steel in the Calculation of a Benefit
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35595
under the Hot-Rolled Steel for LTAR
Program
Comment 7: Commerce’s Treatment of the
Petitioner’s International Shipping for
LTAR Allegation
Comment 8: The Preliminary Scope
Determination
IX. Recommendation
[FR Doc. 2019–15717 Filed 7–23–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–088]
Certain Steel Racks and Parts Thereof
From the People’s Republic of China:
Final Affirmative Determination of
Sales at Less Than Fair Value
The Department of Commerce
(Commerce) determines that imports of
certain 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).
DATES: Applicable July 24, 2019.
FOR FURTHER INFORMATION CONTACT:
Maliha Khan or Ariela Garvett, 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) 482–0895 or (202) 482–3609,
respectively.
SUMMARY:
SUPPLEMENTARY INFORMATION:
Background
The petitioner in this investigation is
the Coalition for Fair Rack Imports (the
petitioner). The mandatory respondent
in this investigation is Nanjing
Dongsheng Shelf Manufacturing Co.,
Ltd. (Dongsheng). On March 4, 2019,
Commerce published its Preliminary
Determination for this investigation and
invited interested parties to comment.1
A summary of the events that occurred
since Commerce published the
Preliminary Determination may be
found in the Issues and Decision
Memorandum.2 The Issues and Decision
1 See Steel Racks and Parts Thereof from the
People’s Republic of China: Preliminary
Determination of Sales at Less than Fair Value, 84
FR 7326 (March 4, 2019) (Preliminary
Determination) and accompanying Preliminary
Decision Memorandum (Preliminary Decision
Memorandum).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Steel Racks and Parts Thereof from
the People’s Republic of China,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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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 it is
available to all parties in the Central
Records Unit, Room B8024 of the main
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed Issues and Decision
Memorandum and the electronic
version are identical in content.
Period of Investigation
The period of investigation (POI) is
October 1, 2017 through March 31,
2018.
Scope of the Investigation
The products covered by this
investigation are steel racks from China.
For a full description of the scope of this
investigation, see the ‘‘Scope of the
Investigation,’’ at Appendix I. We have
made no changes to the scope of this
investigation since the Preliminary
Determination.
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Verification
As provided in section 782(i) of the
Tariff Act of 1930, as amended (the Act),
Commerce verified the sales and factors
of production data reported by the sole
participating mandatory respondent,
Nanjing Dongsheng Shelf Manufacturing
Co., Ltd.’s (Dongsheng), for use in our
final determination. We used standard
verification procedures, including an
examination of relevant accounting and
production records, and original source
documents provided by Dongsheng.
Analysis of Comments Received
In response to our invitation to
comment on the Preliminary
Determination, interested parties
submitted case and rebuttal briefs to
Commerce, as well as scope case and
rebuttal briefs. All issues raised in the
case and rebuttal briefs and the scope
case and rebuttal briefs that were
submitted by parties in this
investigation are addressed in the Issues
and Decision Memorandum. A list of
the issues addressed in the Issues and
Decision Memorandum is attached to
this notice at Appendix II.
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received and verification, we
made certain changes to the Preliminary
Determination For a discussion of these
changes, see the Issues and Decision
Memorandum.
Separate Rates
No parties commented on our
decision in the Preliminary
Determination to grant separate rate
status to 32 companies, including
Dongsheng, and to deny a separate rate
to seven companies. However,
subsequent to the Preliminary
Determination, we determined that one
company to which we preliminarily
granted a separate rate, Xiamen
Aifeimetal Manufacturing Co., Ltd., did
not sell subject merchandise to the
United States during the POI. Thus, we
have not granted Aifeimetal a separate
rate in this final determination. The
exporters granted separate rate status in
this final determination are listed in the
table in the ‘‘Final Determination’’
section of this notice. We continue to
assign the estimated weighted-average
dumping margin calculated for
Dongsheng to the exporters not
individually examined that are entitled
to a separate rate. The companies 3
denied a separate rate will be treated as
part of the China-wide entity whose
estimated weighted-average dumping
margin, for the reasons explained, and
as corroborated, in the Preliminary
Determination, is based on total adverse
facts available pursuant to sections
776(a) and (b) of the Act.
Combination Rates
As explained in the Initiation Notice
and implemented in the Preliminary
Determination, we have continued to
calculate producer/exporter
combination rates for the respondents
that are eligible for a separate rate.4
Policy Bulletin 05.1 describes this
practice.5
Final Determination
The final estimated weighted-average
dumping margins are as follows:
Estimated
weighted-average
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 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.
Nanjing Ironstone Storage Equipment Co., Ltd .....................
Nanjing Kingmore Logistics Equipment Manufacturing Co.,
Ltd.
3 Those companies are: (1) Jiangsu Kingmore
Storage Equipment Manufacturing Co., Ltd.; (2)
Nanjing Huade Storage Equipment Manufacturing
Co., Ltd.; (3) Nanjing Inform Storage Equipment
(Group) Co., Ltd.; (4) Redman USA, Inc.; (5)
Tangshan Apollo Energy Equipment Company, Ltd.;
(6) Xiamen PDF Co., Ltd.; (7) Zhangzhou URB
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Fabricating Co., Ltd.; and (8) Xiamen Aifeimetal
Manufacturing Co., Ltd.
4 See Steel Racks from the People’s Republic of
China: Initiation of Less-Than-Fair-Value
Investigation, 83 FR 33199 (July 17, 2018)
(Initiation Notice); see also Preliminary
Determination, 84 FR at 7327.
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5 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.
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Producer
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 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 ...................
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 ....................................................................
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 .................
We intend to disclose to interested
parties under Administrative Protective
Order (APO), the calculations performed
in connection with this final
determination within five days of any
public announcement or, if there is no
public announcement, within five days
of the date of publication of the notice
of final determination in the Federal
Register, in accordance with 19 CFR
351.224(b).
Continuation of Suspension of
Liquidation
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Estimated
weighted-average
dumping margin
(percent)
Exporter
Disclosure
In accordance with section
735(c)(1)(B) of the Act, we will direct
U.S. Customs and Border Protection
(CBP) to continue to suspend
liquidation of steel racks from China, as
described in Appendix I of this notice,
which were entered, or withdrawn from
warehouse, for consumption on or after
February 25, 2019, the date of
publication in the Federal Register of
the affirmative Preliminary
Determination. Further, pursuant to
section 735(c)(1)(B)(ii) of the Act and 19
CFR 351.210(d), we will instruct CBP to
require a cash deposit for estimated
antidumping duties for such entries as
follows: (1) For the exporter/producer
combinations listed in the table above,
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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 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 ...................
Xiamen Huiyi Beauty Furniture Co., Ltd ................................
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Xiamen LianHong Industry and Trade Co., Ltd .....................
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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 ....................................
.................................................................................................
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144.50
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 Chinese
exporters/producers not listed in the
above table, the cash deposit rate is
equal to the estimated weighted-average
dumping margin listed in the table for
the China-wide entity; and (3) for all
non-Chinese exporters not listed in the
table above, the cash deposit rate is
equal to the cash deposit rate applicable
to the Chinese exporter/producer
combination (or the China-wide entity)
that supplied that non-Chinese 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
countervailing duty (CVD) proceeding
when CVD provisional measures are in
effect. However, we have not made an
affirmative determination for a domestic
subsidy pass-through adjustment in this
LTFV investigation, nor has Commerce
found export subsidies in the
companion CVD investigation.
Therefore, we have made no offsets to
the estimated weighted-average
dumping margin for purposes of
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calculating the appropriate cash deposit
rate.
These suspension of liquidation
instructions will remain in effect until
further notice.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the International
Trade Commission (ITC) of the final
affirmative determination of sales at
LTFV. Because the final determination
is affirmative, in accordance with
section 735(b)(2) of the Act, the ITC will
make its final determination as to
whether the domestic industry in the
United States is materially injured, or
threatened with material injury, by
reason of imports or sales (or the
likelihood of sales) for importation of
subject steel racks, no later than 45 days
after this final determination. If the ITC
determines that such injury does not
exist, this proceeding will be
terminated, and all cash deposited for
antidumping duties will be refunded. If
the ITC determines that such injury
does exist, Commerce will issue an
antidumping duty order directing CBP
to assess, upon further instruction by
Commerce, antidumping duties on all
imports of the subject merchandise
entered, or withdrawn from warehouse,
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for consumption on or after the effective
date of the suspension of liquidation, as
discussed above in the ‘‘Continuation of
Suspension of Liquidation’’ section.
Administrative Protective Orders
This notice serves as a reminder to the
parties subject to APO of their
responsibility concerning the
disposition of propriety information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or,
alternatively, conversion to judicial
protective order, is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation that
is subject to sanction.
Notification to Interested Parties
This determination is issued and
published pursuant to sections 735(d)
and 777(i)(1) of the Act and 19 CFR
351.210(c).
Dated: July 17, 2019.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
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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
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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, 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.
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Frm 00011
Fmt 4703
Sfmt 4703
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
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);
and 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
E:\FR\FM\24JYN1.SGM
24JYN1
khammond on DSKBBV9HB2PROD with NOTICES
Federal Register / Vol. 84, No. 142 / Wednesday, July 24, 2019 / Notices
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.
VerDate Sep<11>2014
16:53 Jul 23, 2019
Jkt 247001
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Changes from the Preliminary
Determination
VI. Analysis of Comments
Comment 1: Whether Commerce Should
Rely on Romania or Brazil as the
Surrogate Country
Comment 2: Whether the Compa S.A. Sibiu
(Compa) or Metisa Metalurgica
Timboense S/A. (Metisa) Financial
Statements are a Better Source of
Financial Ratios
Comment 3: The Surrogate Value for
Dongsheng’s P-tube Input
Comment 4: Whether Import Clearance
Charges Should be Added to the
Surrogate Values
Comment 5: Whether Commerce Should
Grant Dongsheng a Double Remedy
Offset
Comment 6: Whether Commerce Should
Reduce Dongsheng’s Export Price by
Eight Percent Irrecoverable Value-Added
Tax
Comment 7: Whether Aifeimetal Should be
Excluded from this Investigation
Comment 8: The Preliminary Scope
Determination
VII. Recommendation
[FR Doc. 2019–15718 Filed 7–23–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–844]
Steel Concrete Reinforcing Bar From
Mexico: Final Results of Antidumping
Duty Administrative Review; 2016–
2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that Grupo
Simec made sales of steel concrete
reinforcing bar (rebar) from Mexico
below normal value during the period of
review (POR) November 1, 2016 through
October 31, 2017, but Deacero S.A.P.I.
de C.V. (Deacero) did not.
DATES: Applicable July 24, 2019.
FOR FURTHER INFORMATION CONTACT:
Stephanie Moore, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington
DC 20230; telephone: (202) 482–3692.
SUPPLEMENTARY INFORMATION:
AGENCY:
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
35599
Background
On December 11, 2018, Commerce
published the Preliminary Results.1 We
invited interested parties to comment on
the Preliminary Results. For events
subsequent to the Preliminary Results,
see the Issues and Decision
Memorandum.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 On May 14, 2019, we
extended the deadline for these final
results until July 19, 2019.4
Scope of the Order
Imports covered by the order are
shipments of steel concrete reinforcing
bar imported in either straight length or
coil form (rebar) regardless of
metallurgy, length, diameter, or grade.
The merchandise subject to review is
currently classifiable under items
7213.10.0000, 7214.20.0000, and
7228.30.8010. The subject merchandise
may also enter under other Harmonized
Tariff Schedule of the United States
(HTSUS) numbers including
7215.90.1000, 7215.90.5000,
7221.00.0017, 7221.00.0018,
7221.00.0030, 7221.00.0045,
7222.11.0001, 7222.11.0057,
7222.11.0059, 7222.30.0001,
7227.20.0080, 7227.90.6085,
7228.20.1000, and 7228.60.6000.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
merchandise subject to the order is
dispositive.5
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
1 See Steel Concrete Reinforcing Bar from Mexico:
Preliminary Results of Antidumping Duty
Administrative Review; 2016–2017, 83 FR 63622
(December 11, 2018) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Steel Concrete Reinforcing
Bar from Mexico: Issues and Decision
Memorandum for the Final Results of Antidumping
Duty Administrative Review; 2016–2017,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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 affected by the partial federal
government closure have been extended by 40 days.
4 See Memorandum, ‘‘Steel Concrete Reinforcing
Bar from Mexico: Extension of Deadline for Final
Results of Antidumping Duty Administrative
Review,’’ dated May 14, 2019.
5 See Issues and Decision Memorandum for a
complete description of the Scope of the Order.
E:\FR\FM\24JYN1.SGM
24JYN1
]]>Agencies
[Federal Register Volume 84, Number 142 (Wednesday, July 24, 2019)]
[Notices]
[Pages 35595-35599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15718]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-088]
Certain Steel Racks and Parts Thereof From the People's Republic
of China: Final Affirmative Determination of Sales at Less Than Fair
Value
SUMMARY: The Department of Commerce (Commerce) determines that imports
of certain 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).
DATES: Applicable July 24, 2019.
FOR FURTHER INFORMATION CONTACT: Maliha Khan or Ariela Garvett, 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) 482-0895 or (202) 482-3609,
respectively.
SUPPLEMENTARY INFORMATION:
Background
The petitioner in this investigation is the Coalition for Fair Rack
Imports (the petitioner). The mandatory respondent in this
investigation is Nanjing Dongsheng Shelf Manufacturing Co., Ltd.
(Dongsheng). On March 4, 2019, Commerce published its Preliminary
Determination for this investigation and invited interested parties to
comment.\1\ A summary of the events that occurred since Commerce
published the Preliminary Determination may be found in the Issues and
Decision Memorandum.\2\ The Issues and Decision
[[Page 35596]]
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 it is available to all
parties in the Central Records Unit, Room B8024 of the main Commerce
building. In addition, a complete version of the Issues and Decision
Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic
version are identical in content.
---------------------------------------------------------------------------
\1\ See Steel Racks and Parts Thereof from the People's Republic
of China: Preliminary Determination of Sales at Less than Fair
Value, 84 FR 7326 (March 4, 2019) (Preliminary Determination) and
accompanying Preliminary Decision Memorandum (Preliminary Decision
Memorandum).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Steel Racks and Parts Thereof from the People's
Republic of China,'' dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Period of Investigation
The period of investigation (POI) is October 1, 2017 through March
31, 2018.
Scope of the Investigation
The products covered by this investigation are steel racks from
China. For a full description of the scope of this investigation, see
the ``Scope of the Investigation,'' at Appendix I. We have made no
changes to the scope of this investigation since the Preliminary
Determination.
Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), Commerce verified the sales and factors of production data
reported by the sole participating mandatory respondent, Nanjing
Dongsheng Shelf Manufacturing Co., Ltd.'s (Dongsheng), for use in our
final determination. We used standard verification procedures,
including an examination of relevant accounting and production records,
and original source documents provided by Dongsheng.
Analysis of Comments Received
In response to our invitation to comment on the Preliminary
Determination, interested parties submitted case and rebuttal briefs to
Commerce, as well as scope case and rebuttal briefs. All issues raised
in the case and rebuttal briefs and the scope case and rebuttal briefs
that were submitted by parties in this investigation are addressed in
the Issues and Decision Memorandum. A list of the issues addressed in
the Issues and Decision Memorandum is attached to this notice at
Appendix II.
Changes Since the Preliminary Determination
Based on our analysis of the comments received and verification, we
made certain changes to the Preliminary Determination For a discussion
of these changes, see the Issues and Decision Memorandum.
Separate Rates
No parties commented on our decision in the Preliminary
Determination to grant separate rate status to 32 companies, including
Dongsheng, and to deny a separate rate to seven companies. However,
subsequent to the Preliminary Determination, we determined that one
company to which we preliminarily granted a separate rate, Xiamen
Aifeimetal Manufacturing Co., Ltd., did not sell subject merchandise to
the United States during the POI. Thus, we have not granted Aifeimetal
a separate rate in this final determination. The exporters granted
separate rate status in this final determination are listed in the
table in the ``Final Determination'' section of this notice. We
continue to assign the estimated weighted-average dumping margin
calculated for Dongsheng to the exporters not individually examined
that are entitled to a separate rate. The companies \3\ denied a
separate rate will be treated as part of the China-wide entity whose
estimated weighted-average dumping margin, for the reasons explained,
and as corroborated, in the Preliminary Determination, is based on
total adverse facts available pursuant to sections 776(a) and (b) of
the Act.
---------------------------------------------------------------------------
\3\ Those companies are: (1) Jiangsu Kingmore Storage Equipment
Manufacturing Co., Ltd.; (2) Nanjing Huade Storage Equipment
Manufacturing Co., Ltd.; (3) Nanjing Inform Storage Equipment
(Group) Co., Ltd.; (4) Redman USA, Inc.; (5) Tangshan Apollo Energy
Equipment Company, Ltd.; (6) Xiamen PDF Co., Ltd.; (7) Zhangzhou URB
Fabricating Co., Ltd.; and (8) Xiamen Aifeimetal Manufacturing Co.,
Ltd.
---------------------------------------------------------------------------
Combination Rates
As explained in the Initiation Notice and implemented in the
Preliminary Determination, we have continued to calculate producer/
exporter combination rates for the respondents that are eligible for a
separate rate.\4\ Policy Bulletin 05.1 describes this practice.\5\
---------------------------------------------------------------------------
\4\ See Steel Racks from the People's Republic of China:
Initiation of Less-Than-Fair-Value Investigation, 83 FR 33199 (July
17, 2018) (Initiation Notice); see also Preliminary Determination,
84 FR at 7327.
\5\ 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.
---------------------------------------------------------------------------
Final Determination
The final estimated weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Estimated weighted-
Exporter Producer average dumping
margin (percent)
------------------------------------------------------------------------
Nanjing Dongsheng Shelf Nanjing Dongsheng 18.06
Manufacturing Co., Ltd. Shelf
Manufacturing
Co., Ltd.
Ateel Display Industries Ateel Display 18.06
(Xiamen) Co., Ltd. Industries
(Xiamen) Co., Ltd.
CTC Universal (Zhangzhou) CTC Universal 18.06
Industrial Co., Ltd. (Zhangzhou)
Industrial Co.,
Ltd.
David Metal Craft Manufactory David Metal Craft 18.06
Ltd. Manufactory Ltd.
Guangdong Wireking Housewares Guangdong Wireking 18.06
and Hardware Co., Ltd. Housewares and
Hardware Co., Ltd.
Hebei Minmetals Co., Ltd........ Hebei Wuxin Garden 18.06
Products Co., Ltd.
Hebei Minmetals Co., Ltd........ Huanghua Xinxing 18.06
Furniture Co.,
Ltd.
Hebei Minmetals Co., Ltd........ Huanghua Xingyu 18.06
Hardware Products
Co., Ltd.
Hebei Minmetals Co., Ltd........ Huangua Qingxin 18.06
Hardware Products
Co., Ltd.
Hebei Minmetals Co., Ltd........ Huangua Haixin 18.06
Hardware Products
Co., Ltd.
Hebei Minmetals Co., Ltd........ Huanghua Hualing 18.06
Hardware Products
Co., Ltd.
i-Lift Equipment Ltd............ Yuanda Storage 18.06
Equipment Ltd.
Jiangsu Nova Intelligent Jiangsu Nova 18.06
Logistics Equipment Co., Ltd. Intelligent
Logistics
Equipment Co.,
Ltd.
Johnson (Suzhou) Metal Products Johnson (Suzhou) 18.06
Co., Ltd. Metal Products
Co., Ltd.
Master Trust (Xiamen) Import and Zhangzhou 18.06
Export Co., Ltd. Hongcheng
Hardware &
Plastic Industry
Co., Ltd.
Nanjing Ironstone Storage Jiangsu Baigeng 18.06
Equipment Co., Ltd. Logistics
Equipments Co.,
Ltd.
Nanjing Kingmore Logistics Nanjing Kingmore 18.06
Equipment Manufacturing Co., Logistics
Ltd. Equipment
Manufacturing
Co., Ltd.
[[Page 35597]]
Nanjing Kingmore Logistics Jiangsu Kingmore 18.06
Equipment Manufacturing Co., Storage Equipment
Ltd. Manufacturing
Co., Ltd.
Ningbo Beilun Songyi Warehouse Ningbo Beilun 18.06
Equipment Manufacturing Co., Songyi Warehouse
Ltd. Equipment
Manufacturing
Co., Ltd.
Ningbo Xinguang Rack Co., Ltd... Ningbo Xinguang 18.06
Rack Co., Ltd.
Qingdao Rockstone Logistics Qingdao Rockstone 18.06
Appliance Co., Ltd. Logistics
Appliance Co.,
Ltd.
Redman Corporation.............. Redman Corporation 18.06
Redman Import & Export Limited.. Redman Corporation 18.06
Suzhou (China) Sunshine Hardware Changzhou Tianyue 18.06
& Equipment Imp. & Exp. Co. Ltd. Storage Equipment
Co., Ltd.
Suzhou (China) Sunshine Hardware Ningbo Beilun 18.06
& Equipment Imp. & Exp. Co. Ltd. Songyi Warehouse
Equipment
Manufacturing
Co., Ltd.
Tianjin Master Logistics Tianjin Master 18.06
Equipment Co., Ltd. Logistics
Equipment Co.,
Ltd.
Waken Display System Co., Ltd... CTC Universal 18.06
(Zhangzhou)
Industrial Co.,
Ltd.
Xiamen Baihuide Manufacturing Xiamen Baihuide 18.06
Co., Ltd. Manufacturing
Co., Ltd.
Xiamen Ever Glory Fixtures Co., Fujian First 18.06
Ltd. Industry and
Trade Co., Ltd.
Xiamen Ever Glory Fixtures Co., Fujian Ever Glory 18.06
Ltd. Fixtures Co., LTD.
Xiamen Ever Glory Fixtures Co., Xiamen Ever Glory 18.06
Ltd. Fixtures Co., Ltd.
Xiamen Golden Trust Industry & Xiamen Golden 18.06
Trade Co., Ltd. Trust Industry &
Trade Co., Ltd.
Xiamen Kingfull Imp and Exp Co., Xiamen Huiyi 18.06
Ltd. (d.b.a) Xiamen Kingfull Beauty Furniture
Displays Co., Ltd. Co., Ltd.
Xiamen Kingfull Imp and Exp Co., Xiamen LianHong 18.06
Ltd. (d.b.a) Xiamen Kingfull Industry and
Displays Co., Ltd. Trade Co., Ltd.
Xiamen LianHong Industry and Xiamen LianHong 18.06
Trade Co., Ltd. Industry and
Trade Co., Ltd.
Xiamen Luckyroc Industry Co., Xiamen Luckyroc 18.06
Ltd. Storage Equipment
Manufacture Co.,
Ltd.
Xiamen Meitoushan Metal Product Xiamen Meitoushan 18.06
Co., Ltd. Metal Product
Co., Ltd.
Xiamen Power Metal Display Co., Xiamen Power Metal 18.06
Ltd. Display Co., Ltd.
Xiamen XinHuiYuan Industrial & Xiamen XinHuiYuan 18.06
Trade Co., Ltd. Industrial &
Trade Co., Ltd.
Xiamen Yiree Display Fixtures Xiamen Yiree 18.06
Co., Ltd. Display Fixtures
Co., Ltd.
Zhangjiagang Better Display Co., Zhangjiagang 18.06
Ltd. Better Display
Co., Ltd.
China-wide entity............... .................. 144.50
------------------------------------------------------------------------
Disclosure
We intend to disclose to interested parties under Administrative
Protective Order (APO), the calculations performed in connection with
this final determination within five days of any public announcement
or, if there is no public announcement, within five days of the date of
publication of the notice of final determination in the Federal
Register, in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will direct
U.S. Customs and Border Protection (CBP) to continue to suspend
liquidation of steel racks from China, as described in Appendix I of
this notice, which were entered, or withdrawn from warehouse, for
consumption on or after February 25, 2019, the date of publication in
the Federal Register of the affirmative Preliminary Determination.
Further, pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), we will instruct CBP to require a cash deposit for
estimated antidumping duties for such entries as follows: (1) For the
exporter/producer 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
Chinese exporters/producers not listed in the above table, the cash
deposit rate is equal to the estimated weighted-average dumping margin
listed in the table for the China-wide entity; and (3) for all non-
Chinese exporters not listed in the table above, the cash deposit rate
is equal to the cash deposit rate applicable to the Chinese exporter/
producer combination (or the China-wide entity) that supplied that non-
Chinese 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
countervailing duty (CVD) proceeding when CVD provisional measures are
in effect. However, we have not made an affirmative determination for a
domestic subsidy pass-through adjustment in this LTFV investigation,
nor has Commerce found export subsidies in the companion CVD
investigation. Therefore, we have 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.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (ITC) of the final affirmative
determination of sales at LTFV. Because the final determination is
affirmative, in accordance with section 735(b)(2) of the Act, the ITC
will make its final determination as to whether the domestic industry
in the United States is materially injured, or threatened with material
injury, by reason of imports or sales (or the likelihood of sales) for
importation of subject steel racks, no later than 45 days after this
final determination. If the ITC determines that such injury does not
exist, this proceeding will be terminated, and all cash deposited for
antidumping duties will be refunded. If the ITC determines that such
injury does exist, Commerce will issue an antidumping duty order
directing CBP to assess, upon further instruction by Commerce,
antidumping duties on all imports of the subject merchandise entered,
or withdrawn from warehouse,
[[Page 35598]]
for consumption on or after the effective date of the suspension of
liquidation, as discussed above in the ``Continuation of Suspension of
Liquidation'' section.
Administrative Protective Orders
This notice serves as a reminder to the parties subject to APO of
their responsibility concerning the disposition of propriety
information disclosed under APO in accordance with 19 CFR
351.305(a)(3). Timely written notification of the return or destruction
of APO materials or, alternatively, conversion to judicial protective
order, is hereby requested. Failure to comply with the regulations and
terms of an APO is a violation that is subject to sanction.
Notification to Interested Parties
This determination is issued and published pursuant to sections
735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c).
Dated: July 17, 2019.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
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 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); and 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
[[Page 35599]]
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 Issues and Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Changes from the Preliminary Determination
VI. Analysis of Comments
Comment 1: Whether Commerce Should Rely on Romania or Brazil as
the Surrogate Country
Comment 2: Whether the Compa S.A. Sibiu (Compa) or Metisa
Metalurgica Timboense S/A. (Metisa) Financial Statements are a
Better Source of Financial Ratios
Comment 3: The Surrogate Value for Dongsheng's P-tube Input
Comment 4: Whether Import Clearance Charges Should be Added to
the Surrogate Values
Comment 5: Whether Commerce Should Grant Dongsheng a Double
Remedy Offset
Comment 6: Whether Commerce Should Reduce Dongsheng's Export
Price by Eight Percent Irrecoverable Value-Added Tax
Comment 7: Whether Aifeimetal Should be Excluded from this
Investigation
Comment 8: The Preliminary Scope Determination
VII. Recommendation
[FR Doc. 2019-15718 Filed 7-23-19; 8:45 am]
BILLING CODE 3510-DS-P
