Vertical Metal File Cabinets From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination, 37622-37625 [2019-16326]

Download as PDF 37622 Federal Register / Vol. 84, No. 148 / Thursday, August 1, 2019 / Notices sales, in accordance with 19 CFR 351.212(b)(1).19 For entries of subject merchandise during the POR produced by each respondent for which it did not know its merchandise was destined for the United States, we will instruct CBP to liquidate such entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction.20 Where either the respondent’s weighted-average dumping margin is zero or de minimis, or an importer-specific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. For the three companies for which this review is rescinded, antidumping duties will be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawn from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue appropriate assessment instructions directly to CBP 15 days after publication of this notice, concerning these three companies. The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable. jspears on DSK3GMQ082PROD with NOTICES Cash Deposit Requirement The following cash deposit requirements will be effective upon publication of the notice of the final results of administrative review for all shipments of nails from Oman entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for the companies under review will be the rate established in the final results of this review (except, if the rate is zero or de minimis, no cash deposit will be required); (2) for merchandise exported by manufacturers or exporters not covered in this review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding in which the manufacturer or exporter participated; (3) if the 19 In these preliminary results, Commerce applied the assessment rate calculation methodology adopted in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012). 20 See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). VerDate Sep<11>2014 19:14 Jul 31, 2019 Jkt 247001 The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of vertical metal file cabinets (file cabinets) from the People’s Republic of China (China). The period of investigation is January 1, 2018 through December 31, 2018. Interested parties are invited to comment on this preliminary determination. exporter is not a firm covered in this review, a prior review, or the less-thanfair-value investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recently completed segment of the proceeding for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 9.10 percent ad valorem, the all-others rate established in the less-than-fair value investigation.21 SUMMARY: Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Thomas Dunne, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2328. SUPPLEMENTARY INFORMATION: Notification to Interested Parties These preliminary results and partial rescission of administrative review are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h)(1). Dated: July 24, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Affiliation V. Discussion of the Methodology VI. Recommendation [FR Doc. 2019–16328 Filed 7–31–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–111] Vertical Metal File Cabinets From the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: 21 See Certain Steel Nails from the Republic of Oman: Final Determination of Sales at Less Than Fair Value, 80 FR 28955 (May 20, 2015). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 DATES: Applicable August 1, 2019. FOR FURTHER INFORMATION CONTACT: Background This preliminary determination is made in accordance with section 703(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on May 24, 2019.1 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.2 A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http:// access.trade.gov, and is available to all parties in the Central Records Unit, Room B8024 of the main Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. Scope of the Investigation The products covered by this investigation are file cabinets from China. For a complete description of the 1 See Vertical Metal File Cabinets from the People’s Republic of China: Initiation of Countervailing Duty Investigation, 84 FR 24089 (May 24, 2019) (Initiation Notice). 2 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Countervailing Duty Investigation of Vertical Metal File Cabinets from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). E:\FR\FM\01AUN1.SGM 01AUN1 Federal Register / Vol. 84, No. 148 / Thursday, August 1, 2019 / Notices scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations,3 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).4 No interested party commented on the scope of the investigation as it appeared in the Initiation Notice. Commerce is not preliminarily modifying the scope language as it appeared in the Initiation Notice. See the scope in Appendix I. Methodology Commerce is conducting this investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, Commerce preliminarily determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.5 Commerce notes that, in making these findings, it relied on facts available and, because it finds that one or more respondents did not act to the best of their ability to respond to Commerce’s requests for information, it drew an adverse inference where appropriate in selecting from among the facts otherwise available.6 For further information, see ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ in the Preliminary Decision Memorandum. jspears on DSK3GMQ082PROD with NOTICES All-Others Rate In accordance with sections 703(d)(1)(A)(i) and 705(c)(5)(A) of the Act, Commerce shall determine an estimated all-others rate for companies not individually examined. Generally, under section 705(c)(5)(A)(i) of the Act, this rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any zero and de minimis rates and any rates based entirely on adverse facts available (AFA) under section 776 of the Act. However, section 705(c)(5)(A)(ii) of the Act provides that, where all countervailable subsidy rates are zero, de minimis, or based entirely on facts available, Commerce may use ‘‘any reasonable method’’ for assigning an all-others rate, including ‘‘averaging 3 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 4 See Initiation Notice. 5 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 6 See sections 776(a) and (b) of the Act. VerDate Sep<11>2014 19:14 Jul 31, 2019 Jkt 247001 the estimated weighted-average countervailable subsidy rates.’’ In this investigation, all rates are based entirely on facts available, pursuant to section 776 of the Act. Accordingly, we find under ‘‘any reasonable method’’ to rely on a simple average of the total AFA rates computed for the non-responsive companies as the all-others rate in this preliminary determination. For further information on the all-others rate, see the Preliminary Decision Memorandum.7 Preliminary Determination Commerce preliminarily determines that the following estimated countervailable subsidy rates exist: Estimated countervailable subsidy rates (percent) Company Non-Responsive Companies 8 .. All Others 9 ................................ 227.10 227.10 Suspension of Liquidation In accordance with section 703(d)(1)(B) and (d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise as described in the scope of the investigation section entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the rates indicated above. Disclosure Normally, Commerce discloses to interested parties the calculations performed in connection with the preliminary determination within five days of its public announcement, or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). However, because Commerce preliminarily applied total AFA rates in the calculation of the benefit for the nonresponsive companies, and the applied AFA rates are based on rates calculated in prior proceedings, there are no calculations to disclose. Public Comment Commerce will issue a memorandum establishing the deadline to file case briefs or other written comments for all issues following the publication of the 7 See Preliminary Decision Memorandum at ‘‘Calculation of the All-Others Rate.’’ 8 See Appendix III to this notice. 9 See Appendix IV to this notice. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 37623 preliminary determination. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.10 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party’s name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Final Determination Section 705(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that Commerce will issue the final determination within 75 days after the date of its preliminary determination. Accordingly, Commerce will make its final determination no later than 75 days after the signature date of this preliminary determination. International Trade Commission Notification In accordance with section 703(f) of the Act, Commerce will notify the International Trade Commission (ITC) of its preliminary countervailing duty determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether imports of the subject merchandise are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published pursuant to sections 703(f) 10 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). E:\FR\FM\01AUN1.SGM 01AUN1 37624 Federal Register / Vol. 84, No. 148 / Thursday, August 1, 2019 / Notices and 777(i) of the Act and 19 CFR 351.205(c). Dated: July 24, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix I jspears on DSK3GMQ082PROD with NOTICES Scope of the Investigation The scope of this investigation covers freestanding vertical metal file cabinets containing two or more extendable file storage elements and having an actual width of 25 inches or less. The subject vertical metal file cabinets have bodies made of carbon and/or alloy steel and or other metals, regardless of whether painted, powder coated, or galvanized or otherwise coated for corrosion protection or aesthetic appearance. The subject vertical metal file cabinets must have two or more extendable elements for file storage (e.g., file drawers) of a height that permits hanging files of either letter (8.5″ x 11″) or legal (8.5″ x 14″) sized documents. An ‘‘extendable element’’ is defined as a movable load-bearing storage component including, but not limited to, drawers and filing frames. Extendable elements typically have suspension systems, consisting of glide blocks or ball bearing glides, to facilitate opening and closing. The subject vertical metal file cabinets typically come in models with two, three, four, or five-file drawers. The inclusion of one or more additional non-file-sized extendable storage elements, not sized for storage files (e.g., box or pencil drawers), does not remove an otherwise in-scope product from the scope as long as the combined height of the non-file-sized extendable storage elements does not exceed six inches. The inclusion of an integrated storage area that is not extendable (e.g., a cubby) and has an actual height of six inches or less, also does not remove a subject vertical metal file cabinet from the scope. Accessories packaged with a subject vertical file cabinet, such as separate printer stands or shelf kits that sit on top of the in-scope vertical file cabinet are not considered integrated storage. ‘‘Freestanding’’ means the unit has a solid top and does not have an open top or a top with holes punched in it that would permit the unit to be attached to, hung from, or otherwise used to support a desktop or other work surface. The ability to anchor a vertical file cabinet to a wall for stability or to prevent it from tipping over does not exclude the unit from the scope. The addition of mobility elements such as casters, wheels, or a dolly does not remove the product from the scope. Packaging a subject vertical metal file cabinet with other accessories, including, but not limited to, locks, leveling glides, caster kits, drawer accessories (e.g., including but not limited to follower wires, follower blocks, file compressors, hanger rails, pencil trays, and hanging file folders), printer stand, shelf kit and magnetic hooks, also does not remove the product from the scope. Vertical metal file cabinets are also in scope whether they VerDate Sep<11>2014 19:14 Jul 31, 2019 Jkt 247001 are imported assembled or unassembled with all essential parts and components included. Excluded from the scope are lateral metal file cabinets. Lateral metal file cabinets have a width that is greater than the body depth, and have a body with an actual width that is more than 25 inches wide. Also excluded from the scope are pedestal file cabinets. Pedestal file cabinets are metal file cabinets with body depths that are greater than or equal to their width, are under 31 inches in actual height, and have the following characteristics: (1) An open top or other the means for the cabinet to be attached to or hung from a desktop or other work surface such as holes punched in the top (i.e., not freestanding); or (2) freestanding file cabinets that have all of the following: (a) At least a 90 percent drawer extension for all extendable file storage elements; (b) a central locking system; (c) a minimum weight density of 9.5 lbs./cubic foot; and (d) casters or leveling glides. ‘‘Percentage drawer extension’’ is defined as the drawer travel distance divided by the inside depth dimension of the drawer. Inside depth of drawer is measured from the inside of the drawer face to the inside face of the drawer back. Drawer extension is the distance the drawer travels from the closed position to the maximum travel position which is limited by the out stops. In situations where drawers do not include an outstop, the drawer is extended until the drawer back is 3 l⁄2 inches from the closed position of inside face of the drawer front. The ‘‘weight density’’ is calculated by dividing the cabinet’s actual weight by its volume in cubic feet (the multiple of the product’s actual width, depth, and height). A ‘‘central locking system’’ locks all drawers in a unit. Also excluded from the scope are fire proof or fire-resistant file cabinets that meet Underwriters Laboratories (UL) fire protection standard 72, class 350, which covers the test procedures applicable to fireresistant equipment intended to protect paper records. The merchandise subject to the investigation is classified under Harmonized Tariff Schedule of the United States (HTSUS) subheading 9403.10.0020. The subject merchandise may also enter under HTSUS subheadings 9403.10.0040, 9403.20.0080, and 9403.20.0090. While HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the investigation is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Scope Comments V. Respondent Selection VI. Injury Test VII. Application of the CVD Law to Imports From China VIII. Diversification of China’s Economy IX. Use of Facts Otherwise Available and Adverse Inferences X. Analysis of Programs PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 XI. Calculation of the All-Others Rate XII. ITC Notification XIII. Disclosure and Public Comment XIV. Verification XV. Recommendation Appendix III List of Non-Responsive Companies Receiving AFA Rate 1. Best Beauty Furniture Co., Ltd. 2. Chung Wah Steel Furniture Factory 3. Concept Furniture (Anhui) Co., Ltd. 4. Dong Guan Shing Fai Furniture 5. Dongguan Zhisheng Furniture Co., Ltd. 6. Feel Life Co., Ltd. 7. Fujian lvyer Industrial Co., Ltd. 8. Fuzhou Nu Deco Crafts Co., Ltd. 9. Fuzhou Yibang Furniture Co., Ltd. 10. Gold Future Furnishing Co., Ltd. 11. Guangdong Hongye Furniture 12. Guangxi Gicon Office Furniture Co., Ltd. 13. Guangzhou City Yunrui Imp. 14. Hangzhou Zongda Co., Ltd. 15. Heze Huayi Chemical Co., Ltd. 16. Highbright Enterprise Ltd. 17. Homestar Corp. 18. Honghui Wooden Crafts Co., Ltd. 19. Huabao Steel Appliance Co., Ltd. 20. I.D. International Inc. 21. Jiangmen Kinwai International 22. Jiaxing Haihong Electromechanical Technology Co., Ltd. 23. Long Sheng Office Furniture 24. Louyong Hua Zhi Jie Office Furniture Co., Ltd. 25. Luoyang Hua Wei Office Furniture Co., Ltd. 26. Luoyang Huadu Imp. Exp. Co., Ltd. 27. Luoyang Mas Younger Office Furniture Co., Ltd. 28. Luoyang Shidiu Import & Export Co., Ltd. 29. Luoyang Zhenhai Furniture Co., Ltd. 30. Ningbo Sunburst International Trading Co., Ltd. 31. Ri Time Group Inc. (Szx) 32. Shenzhen Heng Li de Industry Co., Ltd. 33. Shenzhen Zhijuan (Zhiyuan) Technology Co., Ltd. 34. Shiny Way Furniture Co., Ltd. 35. South Metal Furniture Factory 36. Suzhou Jie Quan (Jinyuan) Trading Co., Ltd. 37. T. H. I. Group (Shanghai) Ltd. 38. Tianjin First Wood Co., Ltd. 39. UenJoy (Tianjin) Technology Co., Ltd. 40. Xiamen Extreme Creations 41. Xinhui Second Light Machinery Factory Co., Ltd. 42. Yahee Technologies 43. Zhe Jiang Jiayang Imp. & Exp. Co., Ltd. 44. Zhejiang Ue Furniture Co., Ltd. 45. Zhong Shan Yue Qin Imp. & Exp. 46. Zhongshan Fmarts Furniture Co., Ltd Appendix IV List of Companies Receiving All-Others Rate The companies receiving the all-others rate include: 1. Guangzhou Perfect Office Furniture 2. Guangzhou Textiles Holdings Limited 3. Huisen Furniture (Longnan) Co., Ltd. 4. Invention Global Ltd. 5. Jiangxi Yuanjin Science & Technology Group Co., Ltd. 6. Jpc Co., Ltd. (HK) E:\FR\FM\01AUN1.SGM 01AUN1 Federal Register / Vol. 84, No. 148 / Thursday, August 1, 2019 / Notices 7. Leder Lighting Co., Ltd. 8. Luoyang Cuide Imp. & Exp. 9. Ningbo Haishu Spark Imp. & Exp. Co., Ltd. 10. Ningbo Haitian International Co. 11. Qingdao Liansheng 12. Shanxi Ktl Agricultural Technology Co., Ltd. 13. Shanxi Sijian Group Co., Ltd. 14. Shenzhen Zhilai Sci and Tech Co., Ltd. 15. Top Perfect Ltd. 16. Zhengzhou Puhui Trading Co., Ltd. [FR Doc. 2019–16326 Filed 7–31–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–560–826] Monosodium Glutamate From the Republic of Indonesia: Final Results of Antidumping Duty Administrative Review; 2016–2017 Scope of the Order The merchandise covered by this order is MSG, whether or not blended or in solution with other products. Merchandise covered by this order is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) at subheading 2922.42.10.00. Merchandise covered by this order may also enter under HTSUS subheadings 2922.42.50.00, 2103.90.72.00, 2103.90.74.00, 2103.90.78.00, 2103.90.80.00, and 2103.90.90.91.5 The written description of the scope of the antidumping duty order is dispositive. Analysis of Comments Received Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that PT. Cheil Jedang Indonesia (CJ Indonesia), an Indonesian producer/exporter of monosodium glutamate (MSG) and the sole respondent in this review, did not make sales of MSG at prices below normal value during the period of review (POR) November 1, 2016 through October 31, 2017. DATES: Applicable August 1, 2019. FOR FURTHER INFORMATION CONTACT: Gene H. Calvert, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3586. SUPPLEMENTARY INFORMATION: All issues raised in the case and rebuttal briefs by interested parties are addressed in the Issues and Decision Memorandum. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov, and 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 on the internet at http:// enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and its electronic version are identical in content. A list of the issues that parties raised, and to which we responded in the Issues and Decision Memorandum, is attached as the Appendix to this notice. Background Changes Since the Preliminary Results On December 11, 2018, Commerce published the Preliminary Results.1 For a detailed history of events that occurred since 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 Based on our analysis of the comments we received from interested parties, we made certain changes to the margin calculations for CJ Indonesia.6 AGENCY: jspears on DSK3GMQ082PROD with NOTICES the resumption of operations on January 29, 2019.3 On May 13, 2019, we extended the deadline for these final results until no later than July 19, 2019.4 1 See Monosodium Glutamate from the Republic of Indonesia: Preliminary Results of Antidumping Duty Administrative Review; 2016–2017, 83 FR 63626 (December 11, 2018) (Preliminary Results). 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the 2016– 2017 Administrative Review of the Antidumping Duty Order on Monosodium Glutamate from the Republic of Indonesia,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). VerDate Sep<11>2014 19:14 Jul 31, 2019 Jkt 247001 3 See Memorandum to the Record from Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, ‘‘Deadlines Affected by the Partial Shutdown of the Federal Government,’’ dated January 28, 2019. All deadlines in this segment of the proceeding have been extended by 40 days. 4 See Memorandum, ‘‘Monosodium Glutamate from the Republic of Indonesia: Extension of Deadline for Final Results of Antidumping Duty Administrative Review; 2016–2017,’’ dated May 13, 2019. 5 For a full description of the scope of the order, see the Issues and Decision Memorandum. 6 See Issues and Decision Memorandum. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 37625 Final Results of Administrative Review As a result of this administrative review, we determine the following weighted-average dumping margin exists for the period November 1, 2016 through October 31, 2017: Producer/exporter PT. Cheil Jedang Indonesia Weightedaverage dumping margin (prcent) 0.00 Disclosure and Public Comment We intend to disclose the margin calculations performed in this proceeding within five days after publication of these final results in the Federal Register, in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.224(b). Assessment Rates Upon completion of this administrative review, Commerce shall determine and U.S. Customs and Border Protection (CBP) shall assess antidumping duties on all appropriate entries. Because the weighted-average dumping margin for CJ Indonesia has been determined to be zero within the meaning of 19 CFR 351.106(c), we will instruct CBP to liquidate the appropriate entries of subject merchandise without regard to antidumping duties. In accordance with Commerce’s practice, for entries of subject merchandise during the POR produced by CJ Indonesia for which it did not know that the merchandise was destined for the United States, we will instruct CBP to liquidate those entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction.7 Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumptions on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for merchandise produced and/or exported by CJ Indonesia will be 0.00 percent, the rate established in the final results of this administrative review; (2) for previously reviewed or investigated companies not 7 For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). E:\FR\FM\01AUN1.SGM 01AUN1

Agencies

[Federal Register Volume 84, Number 148 (Thursday, August 1, 2019)]
[Notices]
[Pages 37622-37625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16326]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-111]


Vertical Metal File Cabinets From the People's Republic of China: 
Preliminary Affirmative Countervailing Duty Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that countervailable subsidies are being provided to producers and 
exporters of vertical metal file cabinets (file cabinets) from the 
People's Republic of China (China). The period of investigation is 
January 1, 2018 through December 31, 2018. Interested parties are 
invited to comment on this preliminary determination.

DATES: Applicable August 1, 2019.

FOR FURTHER INFORMATION CONTACT: Thomas Dunne, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2328.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on May 24, 
2019.\1\ For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\2\ A list of topics discussed in the Preliminary Decision 
Memorandum is included as Appendix II to this notice. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at http://access.trade.gov, and is available to all 
parties in the Central Records Unit, Room B8024 of the main Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision 
Memorandum are identical in content.
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    \1\ See Vertical Metal File Cabinets from the People's Republic 
of China: Initiation of Countervailing Duty Investigation, 84 FR 
24089 (May 24, 2019) (Initiation Notice).
    \2\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Countervailing Duty Investigation of Vertical 
Metal File Cabinets from the People's Republic of China,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Investigation

    The products covered by this investigation are file cabinets from 
China. For a complete description of the

[[Page 37623]]

scope of this investigation, see Appendix I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\3\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\4\ No interested party 
commented on the scope of the investigation as it appeared in the 
Initiation Notice. Commerce is not preliminarily modifying the scope 
language as it appeared in the Initiation Notice. See the scope in 
Appendix I.
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    \3\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \4\ See Initiation Notice.
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Methodology

    Commerce is conducting this investigation in accordance with 
section 701 of the Act. For each of the subsidy programs found 
countervailable, Commerce preliminarily determines that there is a 
subsidy, i.e., a financial contribution by an ``authority'' that gives 
rise to a benefit to the recipient, and that the subsidy is 
specific.\5\
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    \5\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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    Commerce notes that, in making these findings, it relied on facts 
available and, because it finds that one or more respondents did not 
act to the best of their ability to respond to Commerce's requests for 
information, it drew an adverse inference where appropriate in 
selecting from among the facts otherwise available.\6\ For further 
information, see ``Use of Facts Otherwise Available and Adverse 
Inferences'' in the Preliminary Decision Memorandum.
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    \6\ See sections 776(a) and (b) of the Act.
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All-Others Rate

    In accordance with sections 703(d)(1)(A)(i) and 705(c)(5)(A) of the 
Act, Commerce shall determine an estimated all-others rate for 
companies not individually examined. Generally, under section 
705(c)(5)(A)(i) of the Act, this rate shall be an amount equal to the 
weighted average of the estimated subsidy rates established for those 
companies individually examined, excluding any zero and de minimis 
rates and any rates based entirely on adverse facts available (AFA) 
under section 776 of the Act. However, section 705(c)(5)(A)(ii) of the 
Act provides that, where all countervailable subsidy rates are zero, de 
minimis, or based entirely on facts available, Commerce may use ``any 
reasonable method'' for assigning an all-others rate, including 
``averaging the estimated weighted-average countervailable subsidy 
rates.'' In this investigation, all rates are based entirely on facts 
available, pursuant to section 776 of the Act. Accordingly, we find 
under ``any reasonable method'' to rely on a simple average of the 
total AFA rates computed for the non-responsive companies as the all-
others rate in this preliminary determination. For further information 
on the all-others rate, see the Preliminary Decision Memorandum.\7\
---------------------------------------------------------------------------

    \7\ See Preliminary Decision Memorandum at ``Calculation of the 
All-Others Rate.''
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Preliminary Determination

    Commerce preliminarily determines that the following estimated 
countervailable subsidy rates exist:

------------------------------------------------------------------------
                                                           Estimated
                                                        countervailable
                       Company                           subsidy rates
                                                           (percent)
------------------------------------------------------------------------
Non-Responsive Companies \8\.........................             227.10
All Others \9\.......................................             227.10
------------------------------------------------------------------------

Suspension of Liquidation
---------------------------------------------------------------------------

    \8\ See Appendix III to this notice.
    \9\ See Appendix IV to this notice.
---------------------------------------------------------------------------

    In accordance with section 703(d)(1)(B) and (d)(2) of the Act, 
Commerce will direct U.S. Customs and Border Protection (CBP) to 
suspend liquidation of entries of subject merchandise as described in 
the scope of the investigation section entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of this 
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d), 
Commerce will instruct CBP to require a cash deposit equal to the rates 
indicated above.

Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with the preliminary determination within five 
days of its public announcement, or, if there is no public 
announcement, within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b). However, because Commerce 
preliminarily applied total AFA rates in the calculation of the benefit 
for the non-responsive companies, and the applied AFA rates are based 
on rates calculated in prior proceedings, there are no calculations to 
disclose.

Public Comment

    Commerce will issue a memorandum establishing the deadline to file 
case briefs or other written comments for all issues following the 
publication of the preliminary determination. Rebuttal briefs, limited 
to issues raised in case briefs, may be submitted no later than five 
days after the deadline date for case briefs.\10\ Pursuant to 19 CFR 
351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal 
briefs in this investigation are encouraged to submit with each 
argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.
---------------------------------------------------------------------------

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

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time 
and date to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.

Final Determination

    Section 705(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that 
Commerce will issue the final determination within 75 days after the 
date of its preliminary determination. Accordingly, Commerce will make 
its final determination no later than 75 days after the signature date 
of this preliminary determination.

International Trade Commission Notification

    In accordance with section 703(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its preliminary 
countervailing duty determination. If the final determination is 
affirmative, the ITC will determine before the later of 120 days after 
the date of this preliminary determination or 45 days after the final 
determination whether imports of the subject merchandise are materially 
injuring, or threaten material injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
703(f)

[[Page 37624]]

and 777(i) of the Act and 19 CFR 351.205(c).

    Dated: July 24, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The scope of this investigation covers freestanding vertical 
metal file cabinets containing two or more extendable file storage 
elements and having an actual width of 25 inches or less.
    The subject vertical metal file cabinets have bodies made of 
carbon and/or alloy steel and or other metals, regardless of whether 
painted, powder coated, or galvanized or otherwise coated for 
corrosion protection or aesthetic appearance. The subject vertical 
metal file cabinets must have two or more extendable elements for 
file storage (e.g., file drawers) of a height that permits hanging 
files of either letter (8.5'' x 11'') or legal (8.5'' x 14'') sized 
documents.
    An ``extendable element'' is defined as a movable load-bearing 
storage component including, but not limited to, drawers and filing 
frames. Extendable elements typically have suspension systems, 
consisting of glide blocks or ball bearing glides, to facilitate 
opening and closing.
    The subject vertical metal file cabinets typically come in 
models with two, three, four, or five-file drawers. The inclusion of 
one or more additional non-file-sized extendable storage elements, 
not sized for storage files (e.g., box or pencil drawers), does not 
remove an otherwise in-scope product from the scope as long as the 
combined height of the non-file-sized extendable storage elements 
does not exceed six inches. The inclusion of an integrated storage 
area that is not extendable (e.g., a cubby) and has an actual height 
of six inches or less, also does not remove a subject vertical metal 
file cabinet from the scope. Accessories packaged with a subject 
vertical file cabinet, such as separate printer stands or shelf kits 
that sit on top of the in-scope vertical file cabinet are not 
considered integrated storage.
    ``Freestanding'' means the unit has a solid top and does not 
have an open top or a top with holes punched in it that would permit 
the unit to be attached to, hung from, or otherwise used to support 
a desktop or other work surface. The ability to anchor a vertical 
file cabinet to a wall for stability or to prevent it from tipping 
over does not exclude the unit from the scope.
    The addition of mobility elements such as casters, wheels, or a 
dolly does not remove the product from the scope. Packaging a 
subject vertical metal file cabinet with other accessories, 
including, but not limited to, locks, leveling glides, caster kits, 
drawer accessories (e.g., including but not limited to follower 
wires, follower blocks, file compressors, hanger rails, pencil 
trays, and hanging file folders), printer stand, shelf kit and 
magnetic hooks, also does not remove the product from the scope. 
Vertical metal file cabinets are also in scope whether they are 
imported assembled or unassembled with all essential parts and 
components included.
    Excluded from the scope are lateral metal file cabinets. Lateral 
metal file cabinets have a width that is greater than the body 
depth, and have a body with an actual width that is more than 25 
inches wide.
    Also excluded from the scope are pedestal file cabinets. 
Pedestal file cabinets are metal file cabinets with body depths that 
are greater than or equal to their width, are under 31 inches in 
actual height, and have the following characteristics: (1) An open 
top or other the means for the cabinet to be attached to or hung 
from a desktop or other work surface such as holes punched in the 
top (i.e., not freestanding); or (2) freestanding file cabinets that 
have all of the following: (a) At least a 90 percent drawer 
extension for all extendable file storage elements; (b) a central 
locking system; (c) a minimum weight density of 9.5 lbs./cubic foot; 
and (d) casters or leveling glides.
    ``Percentage drawer extension'' is defined as the drawer travel 
distance divided by the inside depth dimension of the drawer. Inside 
depth of drawer is measured from the inside of the drawer face to 
the inside face of the drawer back. Drawer extension is the distance 
the drawer travels from the closed position to the maximum travel 
position which is limited by the out stops. In situations where 
drawers do not include an outstop, the drawer is extended until the 
drawer back is 3 \l/2\ inches from the closed position of inside 
face of the drawer front. The ``weight density'' is calculated by 
dividing the cabinet's actual weight by its volume in cubic feet 
(the multiple of the product's actual width, depth, and height). A 
``central locking system'' locks all drawers in a unit.
    Also excluded from the scope are fire proof or fire-resistant 
file cabinets that meet Underwriters Laboratories (UL) fire 
protection standard 72, class 350, which covers the test procedures 
applicable to fire-resistant equipment intended to protect paper 
records.
    The merchandise subject to the investigation is classified under 
Harmonized Tariff Schedule of the United States (HTSUS) subheading 
9403.10.0020. The subject merchandise may also enter under HTSUS 
subheadings 9403.10.0040, 9403.20.0080, and 9403.20.0090. While 
HTSUS subheadings are provided for convenience and customs purposes, 
the written description of the scope of the investigation is 
dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Respondent Selection
VI. Injury Test
VII. Application of the CVD Law to Imports From China
VIII. Diversification of China's Economy
IX. Use of Facts Otherwise Available and Adverse Inferences
X. Analysis of Programs
XI. Calculation of the All-Others Rate
XII. ITC Notification
XIII. Disclosure and Public Comment
XIV. Verification
XV. Recommendation

Appendix III

List of Non-Responsive Companies Receiving AFA Rate

1. Best Beauty Furniture Co., Ltd.
2. Chung Wah Steel Furniture Factory
3. Concept Furniture (Anhui) Co., Ltd.
4. Dong Guan Shing Fai Furniture
5. Dongguan Zhisheng Furniture Co., Ltd.
6. Feel Life Co., Ltd.
7. Fujian lvyer Industrial Co., Ltd.
8. Fuzhou Nu Deco Crafts Co., Ltd.
9. Fuzhou Yibang Furniture Co., Ltd.
10. Gold Future Furnishing Co., Ltd.
11. Guangdong Hongye Furniture
12. Guangxi Gicon Office Furniture Co., Ltd.
13. Guangzhou City Yunrui Imp.
14. Hangzhou Zongda Co., Ltd.
15. Heze Huayi Chemical Co., Ltd.
16. Highbright Enterprise Ltd.
17. Homestar Corp.
18. Honghui Wooden Crafts Co., Ltd.
19. Huabao Steel Appliance Co., Ltd.
20. I.D. International Inc.
21. Jiangmen Kinwai International
22. Jiaxing Haihong Electromechanical Technology Co., Ltd.
23. Long Sheng Office Furniture
24. Louyong Hua Zhi Jie Office Furniture Co., Ltd.
25. Luoyang Hua Wei Office Furniture Co., Ltd.
26. Luoyang Huadu Imp. Exp. Co., Ltd.
27. Luoyang Mas Younger Office Furniture Co., Ltd.
28. Luoyang Shidiu Import & Export Co., Ltd.
29. Luoyang Zhenhai Furniture Co., Ltd.
30. Ningbo Sunburst International Trading Co., Ltd.
31. Ri Time Group Inc. (Szx)
32. Shenzhen Heng Li de Industry Co., Ltd.
33. Shenzhen Zhijuan (Zhiyuan) Technology Co., Ltd.
34. Shiny Way Furniture Co., Ltd.
35. South Metal Furniture Factory
36. Suzhou Jie Quan (Jinyuan) Trading Co., Ltd.
37. T. H. I. Group (Shanghai) Ltd.
38. Tianjin First Wood Co., Ltd.
39. UenJoy (Tianjin) Technology Co., Ltd.
40. Xiamen Extreme Creations
41. Xinhui Second Light Machinery Factory Co., Ltd.
42. Yahee Technologies
43. Zhe Jiang Jiayang Imp. & Exp. Co., Ltd.
44. Zhejiang Ue Furniture Co., Ltd.
45. Zhong Shan Yue Qin Imp. & Exp.
46. Zhongshan Fmarts Furniture Co., Ltd

Appendix IV

List of Companies Receiving All-Others Rate

    The companies receiving the all-others rate include:

1. Guangzhou Perfect Office Furniture
2. Guangzhou Textiles Holdings Limited
3. Huisen Furniture (Longnan) Co., Ltd.
4. Invention Global Ltd.
5. Jiangxi Yuanjin Science & Technology Group Co., Ltd.
6. Jpc Co., Ltd. (HK)

[[Page 37625]]

7. Leder Lighting Co., Ltd.
8. Luoyang Cuide Imp. & Exp.
9. Ningbo Haishu Spark Imp. & Exp. Co., Ltd.
10. Ningbo Haitian International Co.
11. Qingdao Liansheng
12. Shanxi Ktl Agricultural Technology Co., Ltd.
13. Shanxi Sijian Group Co., Ltd.
14. Shenzhen Zhilai Sci and Tech Co., Ltd.
15. Top Perfect Ltd.
16. Zhengzhou Puhui Trading Co., Ltd.

[FR Doc. 2019-16326 Filed 7-31-19; 8:45 am]
 BILLING CODE 3510-DS-P