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]

Download as PDF khammond on DSKBBV9HB2PROD with NOTICES 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 VerDate Sep<11>2014 16:53 Jul 23, 2019 Jkt 247001 inches in diameter; (2) round rods that are no more than two inches in diameter; (3) other tubular shapes that have both an overall height of no more than two inches and an overall width of no more than two inches; and/or (4) wire. Also excluded from the scope of this investigation are portable tier racks. Portable tier racks must meet each of the following criteria to qualify for this exclusion: (1) They are freestanding, portable assemblies with a fully welded base and four freely inserted and easily removable corner posts; (2) They are assembled without the use of bolts, braces, anchors, brackets, clips, attachments, or connectors; (3) One assembly may be stacked on top of another without applying any additional load to the product being stored on each assembly, but individual portable tier racks are not securely attached to one another to provide interaction or interdependence; and (4) The assemblies have no mechanism (e.g., a welded foot plate with bolt holes) for anchoring the assembly to the ground. Also excluded from the scope of this investigation are accessories that are independently bolted to the floor and not attached to the rack system itself, i.e., column protectors, corner guards, bollards, and end row and end of aisle protectors. Merchandise covered by this investigation is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under the following subheadings: 7326.90.8688, 9403.20.0080, and 9403.90.8041. Subject merchandise may also enter under subheadings 7308.90.3000, 7308.90.6000, 7308.90.9590, and 9403.20.0090. The HTSUS subheadings are provided for convenience and U.S. Customs purposes only. The written description of the scope is dispositive. Appendix II List of Topics Discussed in the 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 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 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). E:\FR\FM\24JYN1.SGM 24JYN1 35596 Federal Register / Vol. 84, No. 142 / Wednesday, July 24, 2019 / Notices 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 http://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 http://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. khammond on DSKBBV9HB2PROD with NOTICES 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 VerDate Sep<11>2014 16:53 Jul 23, 2019 Jkt 247001 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. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 18.06 18.06 18.06 18.06 18.06 18.06 18.06 18.06 18.06 18.06 18.06 18.06 18.06 18.06 18.06 18.06 18.06 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 http://enforcement.trade.gov/policy/bull05-1.pdf. E:\FR\FM\24JYN1.SGM 24JYN1 Federal Register / Vol. 84, No. 142 / Wednesday, July 24, 2019 / Notices 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 khammond on DSKBBV9HB2PROD with NOTICES 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, VerDate Sep<11>2014 16:53 Jul 23, 2019 Jkt 247001 Frm 00010 18.06 18.06 18.06 18.06 18.06 18.06 18.06 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 ................................ 18.06 18.06 18.06 18.06 18.06 18.06 18.06 18.06 Xiamen LianHong Industry and Trade Co., Ltd ..................... 18.06 Xiamen LianHong Industry and Trade Co., Ltd ..................... Xiamen Luckyroc Storage Equipment Manufacture Co., Ltd Xiamen Meitoushan Metal Product Co., Ltd .......................... Xiamen Power Metal Display Co., Ltd ................................... Xiamen XinHuiYuan Industrial & Trade Co., Ltd ................... Xiamen Yiree Display Fixtures Co., Ltd ................................. Zhangjiagang Better Display Co., Ltd .................................... ................................................................................................. 18.06 18.06 18.06 18.06 18.06 18.06 18.06 144.50 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 PO 00000 35597 Fmt 4703 Sfmt 4703 18.06 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, E:\FR\FM\24JYN1.SGM 24JYN1 35598 Federal Register / Vol. 84, No. 142 / Wednesday, July 24, 2019 / Notices 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. khammond on DSKBBV9HB2PROD with NOTICES 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 VerDate Sep<11>2014 16:53 Jul 23, 2019 Jkt 247001 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. PO 00000 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 http://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 http://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 http://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