Certain Steel Racks and Parts Thereof From the People's Republic of China: Amended Final Affirmative Antidumping Duty Determination and Antidumping Duty Order; and Countervailing Duty Order, 48584-48588 [2019-19949]
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Federal Register / Vol. 84, No. 179 / Monday, September 16, 2019 / Notices
(case briefs) on the preliminary results
within 30 days of publication of the
preliminary results, and rebuttal
comments (rebuttal briefs) within five
days after the time limit for filing case
briefs.10 Pursuant to 19 CFR
351.309(d)(2), rebuttal briefs must be
limited to issues raised in the case
briefs. Parties who submit arguments are
requested to submit with the argument:
(1) Statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.11
Interested parties who wish to request
a hearing, or to participate if one is
requested, must submit a written
request within 30 days after the date of
publication of this notice.12 Requests
should contain the party’s name,
address, and telephone number, the
number of participants, and a list of the
issues to be discussed. If Commerce
receives a request for a hearing, we will
inform parties of the scheduled date for
the hearing, which will be held at the
main Department of Commerce building
at a time and location to be
determined.13 Parties should confirm by
telephone the date, time, and location of
the hearing.
Parties are reminded that briefs and
hearing requests are to be filed
electronically using ACCESS and
received successfully in their entirety by
5:00 p.m. Eastern Time on the due date.
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act, Commerce intends to issue the final
results of this administrative review,
including the results of our analysis of
the issues raised by parties in their
comments, within 120 days after
publication of these preliminary results.
Notification to Interested Parties
These preliminary results of review
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act and 19 CFR 351.213 and
351.221(b)(4).
Dated: September 6, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
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Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Subsidies Valuation Information
V. Analysis of Programs
10 See 19 CFR 351.309(c)(1)(ii); 351.309(d)(1); and
19 CFR 351.303 (for general filing requirements).
11 See 19 CFR 351.309(c)(2) and 351.309(d)(2).
12 See 19 CFR 351.310(c).
13 See 19 CFR 351.310.
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VIII. Conclusion
[FR Doc. 2019–19921 Filed 9–13–19; 8:45 am]
BILLING CODE 3510–DS–P
racks from China, within the meaning of
sections 735(b)(1)(A)(i) and
705(b)(1)(A)(i) of the Act.3
Scope of the Orders
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–088, C–570–089]
Certain Steel Racks and Parts Thereof
From the People’s Republic of China:
Amended Final Affirmative
Antidumping Duty Determination and
Antidumping Duty Order; and
Countervailing Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (Commerce) and the
International Trade Commission (ITC),
Commerce is issuing the antidumping
duty (AD) and countervailing duty
(CVD) orders on certain steel racks and
parts thereof (steel racks) from the
People’s Republic of China (China). In
addition, Commerce is amending its
final determination of sales at less than
fair value (LTFV) to correct ministerial
errors.
DATES: Applicable September 16, 2019.
FOR FURTHER INFORMATION CONTACT:
Maliha Khan (AD) or Robert Galantucci
(CVD), 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
and (202) 482–2923, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
In accordance with sections 735(d)
and 705(d) of the Tariff Act of 1930, as
amended (the Act), on July 24, 2019,
Commerce published its affirmative
final determination of sales at LTFV 1
and its affirmative final determination
that countervailable subsidies are being
provided to producers and exporters of
steel racks from China.2
On September 9, 2019, the ITC
notified Commerce of its final
affirmative determination that an
industry in the United States is
materially injured by reason of LTFV
imports and subsidized imports of steel
1 See Certain Steel Racks and Parts Thereof from
the People’s Republic of China: Final Affirmative
Determination of Sales at Less Than Fair Value, 84
FR 35595 (July 24, 2019) (AD Final Determination).
2 See Certain Steel Racks and Parts Thereof from
the People’s Republic of China: Final Affirmative
Countervailing Duty Determination, 84 FR 35592
(July 24, 2019) (CVD Final Determination).
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The products covered by these orders
are steel racks from China. For a
complete description of the scope of the
orders, see the Appendix to this notice.
Amendment to the Final Determination
of Sales at LTFV
Pursuant to sections 735(e) of the Act
and 19 CFR 351.224(e) and (f),
Commerce is amending the AD Final
Determination to correct two ministerial
errors. A ministerial error is defined as
an error in addition, subtraction, or
other arithmetic function, clerical error
resulting from inaccurate copying,
duplication, or the like, and any other
similar type of unintentional error
which the Secretary considers
ministerial.4
In the AD Final Determination, we
made ministerial errors by including a
surrogate value for brokerage and
handling (B&H) expenses in our
surrogate value spreadsheet and by
stating that we added surrogate B&H
expenses to movement expenses for
material inputs when we did not do so.
The record demonstrates that we
intentionally did not add surrogate B&H
expenses to movement expenses for
material inputs. Therefore, we are
amending the AD Final Determination
to correct our misstatement regarding
the addition of surrogate B&H expenses
and to clarify our intention with respect
to the inclusion of those expenses in the
surrogate values for material inputs.
First, we did not add surrogate B&H
expenses to movement expenses for
material inputs in the AD Final
Determination. Our statement that we
did add these expenses is incorrect.
Second, our statements in the AD Final
Determination mischaracterize our
intention with respect to B&H expenses
related to the movement of material
inputs. Our statements indicate that we
intended to add surrogate B&H expenses
to movement expenses for material
inputs when we did not. For further
details, see the Ministerial Error
Memorandum.5
3 See ITC September 9, 2019 letter regarding
notification of final determinations (ITC
Notification).
4 See section 735(e) of the Act; and 19 CFR
351.224(f).
5 See Memorandum, ‘‘Less-Than-Fair-Value
Investigation of Steel Racks and Parts Thereof from
the People’s Republic of China: Allegation of
Ministerial Errors in the Final Determination,’’
dated September 10, 2019 (Ministerial Error
Memorandum).
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AD Order
On September 9, 2019, in accordance
with section 735(d) of the Act, the ITC
notified Commerce of its final
determination that an industry in the
United States is materially injured
within the meaning of section
735(b)(1)(A)(i) of the Act by reason of
imports of steel racks from China that
are sold in the United States at LTFV.6
Therefore, in accordance with section
735(c)(2) of the Act, we are issuing this
AD order. Because the ITC determined
that imports of steel racks from China
are materially injuring a U.S. industry,
unliquidated entries of such
merchandise from China entered, or
withdrawn from warehouse, for
consumption are subject to the
assessment of antidumping duties.
As a result of the ITC’s final
determination, in accordance with
section 736(a)(1) of the Act, Commerce
will direct U.S. Customs and Border
Protection (CBP) to assess, upon further
instruction by Commerce, antidumping
duties equal to the amount by which the
normal value of the merchandise
exceeds the export price or constructed
export price of the subject merchandise,
for all relevant entries of steel racks
from China. Antidumping duties will be
assessed on unliquidated entries of steel
racks from China entered, or withdrawn
from warehouse, for consumption on or
after March 4, 2019, the date of
publication of the AD Preliminary
Determination,7 but antidumping duties
will not be assessed on entries of subject
merchandise after the expiration of the
provisional measures period and before
publication in the Federal Register of
the ITC’s final injury determination, as
further described below.
Continuation of Suspension of
Liquidation—AD
Except as noted in the ‘‘Provisional
Measures—AD’’ section of this notice
below, in accordance with section
735(c)(1)(B) of the Act, Commerce will
instruct CBP to continue to suspend
liquidation on all relevant entries of
steel racks from China. These
instructions suspending liquidation will
remain in effect until further notice.
Commerce will also instruct CBP to
require cash deposits equal to the
estimated weighted-average dumping
margins indicated in the table below.
Given that the provisional measures
period has expired, as explained below,
effective on the date of publication in
the Federal Register of the notice of the
ITC’s final affirmative injury
determination, CBP will require, at the
same time as importers would normally
deposit estimated duties on subject
merchandise, a cash deposit equal to the
estimated weighted-average dumping
margins listed in the table below.8 The
China-wide entity rate applies to all
exporter-producer combinations not
specifically listed.
Provisional Measures—AD
Section 733(d) of the Act states that
suspension of liquidation pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months, except where exporters
representing a significant proportion of
exports of the subject merchandise
request that Commerce extend the fourmonth period to no more than six
months. At the request of exporters that
account for a significant proportion of
steel racks from China, Commerce
extended the four-month period to six
months in this proceeding. Commerce
published the preliminary
determination on March 4, 2019. Hence,
the extended provisional measures
period, beginning on the date of
publication of the preliminary
determination, ended on August 30,
2019.
Therefore, in accordance with section
733(d) of the Act and our practice,9
Commerce will instruct CBP to
terminate the suspension of liquidation
and to liquidate, without regard to
antidumping duties, unliquidated
entries of steel racks from China,
entered, or withdrawn from warehouse,
for consumption after August 30, 2019,
the final day on which the provisional
measures were in effect, until and
through the day preceding the date of
publication of the ITC’s final affirmative
injury determination in the Federal
Register.Suspension of liquidation and
the collection of cash deposits will
resume on the date of publication of the
ITC’s final determination in the Federal
Register.
Estimated Weighted-Average Dumping
Margins
The estimated weighted-average
dumping margin percentages are as
follows:
Estimated
weightedaverage
dumping
margin
(percent)
Exporter
Producer
Nanjing Dongsheng Shelf Manufacturing Co., Ltd .....................
Ateel Display Industries (Xiamen) Co., Ltd ................................
CTC Universal (Zhangzhou) Industrial Co., Ltd .........................
David Metal Craft Manufactory Ltd .............................................
Guangdong Wireking Housewares and Hardware Co., Ltd .......
Hebei Minmetals Co., Ltd ...........................................................
Hebei Minmetals Co., Ltd ...........................................................
Hebei Minmetals Co., Ltd ...........................................................
Hebei Minmetals Co., Ltd ...........................................................
Hebei Minmetals Co., Ltd ...........................................................
Hebei Minmetals Co., Ltd ...........................................................
i-Lift Equipment Ltd .....................................................................
Jiangsu Nova Intelligent Logistics Equipment Co., Ltd ..............
Johnson (Suzhou) Metal Products Co., Ltd ...............................
Master Trust (Xiamen) Import and Export Co., Ltd ....................
Nanjing Ironstone Storage Equipment Co., Ltd ..........................
Nanjing 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 .......................
6 See
ITC Notification.
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) (AD Preliminary
Determination). In the AD Final Determination, we
7 See
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incorrectly stated that suspension would continue
from February 25, 2019. The correct date is March
4, 2019.
8 See section 736(a)(3) of the Act.
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9 See Certain Corrosion-Resistant Steel Products
from India, Italy, the People’s Republic of China,
the Republic of Korea and Taiwan: Amended Final
Affirmative Antidumping Determination for India
and Taiwan, and Antidumping Duty Orders, 81 FR
48390, 48392 (July 25, 2016).
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Estimated
weightedaverage
dumping
margin
(percent)
Exporter
Producer
Nanjing Kingmore Logistics Equipment Manufacturing Co., Ltd
Nanjing Kingmore Logistics Equipment Manufacturing Co., Ltd
Ningbo Beilun Songyi Warehouse Equipment Manufacturing
Co., Ltd.
Ningbo Xinguang Rack Co., Ltd .................................................
Qingdao Rockstone Logistics Appliance Co., Ltd ......................
Redman Corporation ...................................................................
Redman Import & Export Limited ...............................................
Suzhou (China) Sunshine Hardware & Equipment Imp. & Exp.
Co. Ltd.
Suzhou (China) Sunshine Hardware & Equipment Imp. & Exp.
Co. Ltd.
Tianjin Master Logistics Equipment Co., Ltd ..............................
Waken Display System Co., Ltd .................................................
Xiamen 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 Products 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 .........................................
Nanjing Kingmore Logistics Equipment Manufacturing Co., Ltd
Jiangsu Kingmore Storage Equipment Manufacturing Co., Ltd
Ningbo Beilun Songyi Warehouse Equipment Manufacturing
Co., Ltd.
Ningbo Xinguang Rack Co., Ltd ................................................
Qingdao Rockstone Logistics Appliance Co., Ltd .....................
Redman Corporation ..................................................................
Redman Corporation ..................................................................
Changzhou Tianyue Storage Equipment Co., Ltd .....................
China-wide entity .................................................................
CVD Order
On September 9, 2019, in accordance
with sections 705(b)(1)(A)(i) and 705(d)
of the Act, the ITC notified Commerce
of its final determination that an
industry in the United States is
materially injured by reason of
subsidized imports of steel racks from
China.10 Therefore, in accordance with
sections 705(c)(2) and 706 of the Act, we
are issuing this CVD order.
As a result of the ITC’s final
affirmative determination, in
accordance with section 706(a) of the
Act, Commerce will direct CBP to
assess, upon further instruction by
Commerce, countervailing duties on
unliquidated entries of steel racks from
China entered, or withdrawn from
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Xiamen LianHong Industry and Trade Co., Ltd .........................
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Xiamen LianHong Industry and Trade Co., Ltd .........................
Xiamen Luckyroc Storage Equipment Manufacture Co., Ltd ....
Xiamen Meitoushan Metal Products Co., Ltd ............................
Xiamen Power Metal Display Co., Ltd .......................................
Xiamen XinHuiYuan Industrial & Trade Co., Ltd .......................
Xiamen Yiree Display Fixtures Co., Ltd ....................................
Zhangjiagang Better Display Co., Ltd ........................................
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....................................................................................................
144.50
warehouse, for consumption on or after
December 3, 2018, the date of
publication of the CVD Preliminary
Determination,11 but will not include
entries occurring after the expiration of
the provisional measures period and
before publication in the Federal
Register of the ITC’s final injury
determination, as further described
below.
Suspension of Liquidation—CVD
In accordance with section 706 of the
Act, we will instruct CBP to reinstitute
suspension of liquidation on all relevant
entries of subject merchandise (i.e., steel
racks from China), effective on the date
of publication of the ITC’s notice of final
affirmative injury determination in the
Federal Register, and to assess, upon
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Subsidy rate
(percent)
11 See Certain Steel Racks from the People’s
Republic of China: Preliminary Affirmative
Countervailing Duty Determination, and Alignment
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further instruction by Commerce,
pursuant to section 706(a)(1) of the Act,
countervailing duties for each entry of
the subject merchandise in an amount
based on the net countervailable
subsidy rate for the subject
merchandise. We will also instruct CBP
to require, at the same time as importers
would normally deposit estimated
duties on this merchandise, cash
deposits for each entry of subject
merchandise equal to the rates noted
below.
These instructions suspending
liquidation will remain in effect until
further notice. The all-others rate
applies to all producers or exporters not
specifically listed. The estimated
subsidy rates for the countervailing duty
order are as follows:
Designa Inc ..........................................................................................................................................................................................
Dongguan Baike Electronic Co., Ltd ...................................................................................................................................................
Ezidone Display Corp. Ltd ...................................................................................................................................................................
Fenghua Huige Metal Products Co., Ltd .............................................................................................................................................
ITC Notification.
18.06
18.06
18.06
18.06
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Ningbo Beilun Songyi Warehouse Equipment Manufacturing
Co., Ltd.
Tianjin Master Logistics Equipment Co., Ltd .............................
CTC Universal (Zhangzhou) Industrial Co., Ltd ........................
Xiamen Baihuide Manufacturing Co., Ltd ..................................
Fujian First Industry and Trade Co., Ltd ...................................
Fujian Ever Glory Fixtures Co., Ltd ...........................................
Xiamen Ever Glory Fixtures Co., Ltd .........................................
Xiamen Golden Trust Industry & Trade Co., Ltd .......................
Xiamen Huiyi Beauty Furniture Co., Ltd ....................................
Company
10 See
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of Final Determination with Final Antidumping
Duty Determination, 83 FR 62297 (December 3,
2018) (CVD Preliminary Determination).
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Subsidy rate
(percent)
Company
Formost Plastic Metal Works (Jiaxing) Co., Ltd ..................................................................................................................................
Jiangsu Kingmore Storage Equipment Manufacturing Co., Ltd ..........................................................................................................
Nanjing Dongsheng Shelf Manufacturing Co., Ltd ..............................................................................................................................
Nanjing Huade Storage Equipment Manufacture Co., Ltd ..................................................................................................................
Ningbo Bocheng Home Products Co., Ltd ..........................................................................................................................................
Ningbo Joys Imp. & Exp. Co., Ltd .......................................................................................................................................................
Ningbo Li Zhan Import & Export Co ....................................................................................................................................................
Qingdao Haineng Hardware Products Co., Ltd ...................................................................................................................................
Qingdao Huatian Hand Truck Co., Ltd ................................................................................................................................................
Qingdao Zeal-Line Stainless Steel Products Co., Ltd .........................................................................................................................
Seven Seas Furniture Industrial (Xiamen) Co., Ltd ............................................................................................................................
Shijiazhuang Wells Trading & Mfg. Co., Ltd .......................................................................................................................................
Tangshan Apollo Energy Equipment Company ..................................................................................................................................
All-Others .............................................................................................................................................................................................
Provisional Measures—CVD
Section 703(d) of the Act states that
suspension of liquidation instructions
issued pursuant to an affirmative
preliminary determination may not
remain in effect for more than four
months. Commerce published its CVD
Preliminary Determination on December
3, 2018. Therefore, the four-month
period beginning on the date of the
publication of the Preliminary
Determination continued through April
1, 2019.
Therefore, in accordance with section
703(d) of the Act, Commerce instructed
CBP to terminate the suspension of
liquidation and to liquidate, without
regard to countervailing duties,
unliquidated entries of steel racks from
China entered, or withdrawn from
warehouse, for consumption on or after
April 2, 2019, the date on which
provisional measures expired, through
the day preceding the date of
publication of the ITC’s final affirmative
injury determinations in the Federal
Register. Suspension of liquidation will
resume on the date of publication of the
ITC’s final affirmative injury
determinations in the Federal Register.
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Notifications to Interested Parties
This notice constitutes the AD and
CVD orders with respect to steel racks
from China pursuant to sections 736(a)
and 706(a) of the Act. Interested parties
can find a list of orders currently in
effect at https://enforcement.trade.gov/
stats/iastats1.html.
These orders are published in
accordance with sections 706(a) and
736(a) of the Act and 19 CFR 351.211(b).
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Dated: September 11, 2019.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
Appendix
Scope of the Orders
The merchandise covered by these orders
is steel racks and parts thereof, assembled, to
any extent, or unassembled, including but
not limited to, vertical components (e.g.,
uprights, posts, or columns), horizontal or
diagonal components (e.g., arms or beams),
braces, frames, locking devices (e.g., end
plates and beam connectors), and accessories
(including, but not limited to, rails, skid
channels, skid rails, drum/coil beds, fork
clearance bars, pallet supports, row spacers,
and wall ties).
Subject steel racks and parts thereof are
made of steel, including, but not limited to,
cold and/or hot-formed steel, regardless of
the type of steel used to produce the
components and may, or may not, include
locking tabs, slots, or bolted, clamped, or
welded connections. Subject steel racks have
the following physical characteristics:
(1) Each steel vertical and horizontal load
bearing member (e.g., arms, beams, posts, and
columns) is composed of steel that is at least
0.044 inches thick;
(2) Each steel vertical and horizontal load
bearing member (e.g., arms, beams, posts, and
columns) is composed of steel that has a
yield strength equal to or greater than 36,000
pounds per square inch;
(3) The width of each steel vertical load
bearing member (e.g., posts and columns)
exceeds two inches; and
(4) The overall depth of each steel rollformed horizontal load bearing member (e.g.,
beams) exceeds two inches.
In the case of steel horizontal load bearing
members other than roll-formed (e.g.,
structural beams, Z-beams, or cantilever
arms), only the criteria in subparagraphs (1)
and (2) apply to these horizontal load bearing
members. The depth limitation in
subparagraph (4) does not apply to steel
horizontal load bearing members that are not
roll-formed.
Steel rack components can be assembled
into structures of various dimensions and
configurations by welding, bolting, clipping,
or with the use of devices such as clips, end
plates, and beam connectors, including, but
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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 these orders, 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
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16SEN1
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48588
Federal Register / Vol. 84, No. 179 / Monday, September 16, 2019 / Notices
merchandise from the scope of these orders
if performed in the country of manufacture
of the steel racks and parts thereof. Packaging
includes packaging the merchandise with or
without another product or any other
packaging operation that would not remove
the merchandise from the scope of these
orders if performed in the country of
manufacture of the steel racks and parts
thereof.
Steel racks and parts thereof are included
in the scope of these orders whether or not
imported attached to, or included with, other
parts or accessories such as wire decking,
nuts, and bolts. If steel racks and parts
thereof are imported attached to, or included
with, such non-subject merchandise, only the
steel racks and parts thereof are included in
the scope.
The scope of these orders does not cover:
(1) Decks, i.e., shelving that sits on or fits into
the horizontal supports to provide the
horizontal storage surface of the steel racks;
(2) wire shelving units, i.e., units made from
wire that incorporate both a wire deck and
wire horizontal supports (taking the place of
the horizontal beams and braces) into a single
piece with tubular collars that slide over the
posts and onto plastic sleeves snapped on the
posts to create a finished unit; (3) pins, nuts,
bolts, washers, and clips used as connecting
devices; and (4) non-steel components.
Specifically excluded from the scope of
these orders 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 these
orders 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 2,500 lbs per
pair of beams for beams that are 78″ or
shorter, a weight capacity that does not
exceed 2,200 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
1,800 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
VerDate Sep<11>2014
18:14 Sep 13, 2019
Jkt 247001
the following characteristics: (a) A length of
95 inches or less, (b) with no face that
exceeds 2.90 inches wide, and (c) made from
steel that has a thickness of 0.065 inches or
less.
Excluded from the scope of these orders
are: (1) Wall-mounted shelving and racks,
defined as shelving and racks that suspend
all of the load from the wall, and do not
stand on, or transfer load to, the floor; (2)
ceiling-mounted shelving and racks, defined
as shelving and racks that suspend all of the
load from the ceiling and do not stand on,
or transfer load to, the floor; and (3) wall/
ceiling mounted shelving and racks, defined
as shelving and racks that suspend the load
from the ceiling and the wall and do not
stand on, or transfer load to, the floor. The
addition of a wall or ceiling bracket or other
device to attach otherwise subject
merchandise to a wall or ceiling does not
meet the terms of this exclusion.
Also excluded from the scope of these
orders is scaffolding that complies with
ANSI/ASSE A10.8—2011—Scaffolding
Safety Requirements, CAN/CSA S269.2–M87
(Reaffirmed 2003)—Access Scaffolding for
Construction Purposes, and/or Occupational
Safety and Health Administration regulations
at 29 CFR part 1926 subpart L—Scaffolds.
Also excluded from the scope of these
orders are tubular racks such as garment
racks and drying racks, i.e., racks in which
the load bearing vertical and horizontal steel
members consist solely of: (1) Round tubes
that are no more than two inches in diameter;
(2) round rods that are no more than two
inches in diameter; (3) other tubular shapes
that have both an overall height of no more
than two inches and an overall width of no
more than two inches; and/or (4) wire.
Also excluded from the scope of these
orders 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 these
orders are accessories that are independently
bolted to the floor and not attached to the
rack system itself, i.e., column protectors,
corner guards, bollards, and end row and end
of aisle protectors.
Merchandise covered by these orders is
currently classified in the Harmonized Tariff
Schedule of the United States (HTSUS) under
the following subheadings: 7326.90.8688,
9403.20.0081 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
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
and U.S. Customs purposes only. The written
description of the scope is dispositive.12
[FR Doc. 2019–19949 Filed 9–13–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–829]
Steel Concrete Reinforcing Bar From
the Republic of Turkey: Preliminary
Results of Antidumping Duty
Administrative Review; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily finds that
exporters of steel concrete reinforcing
bar (rebar) from the Republic of Turkey
(Turkey) sold subject merchandise in
the United States at prices below normal
value during the period of review (POR)
March 7, 2017 through June 30, 2018.
We invite all interested parties to
comment on these preliminary results.
DATES: Applicable September 16, 2019.
FOR FURTHER INFORMATION CONTACT:
Kathryn Wallace and 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) 482–6251
and (202) 482–2328, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Commerce is conducting an
administrative review of the
antidumping duty order on rebar from
Turkey in accordance with section
751(a)(1)(B) of Tariff Act of 1930, as
amended (the Act).1 On September 10,
2018, in accordance with 19 CFR
351.221(c)(1)(i), we initiated an
administrative review of the Order
covering six companies.2 On October
30, 2018, Commerce selected Icdas Celik
Enerji Tersane ve Ulasim Sanayi A.S.
(Icdas) and Kaptan Demir Celik
Endu¨strisi ve Ticaret A.S. (Kaptan
Demir) as the mandatory respondents
12 See Memorandum, ‘‘Steel Racks from the
People’s Republic of China (A–570–088, C–570–
089),’’ dated August 8, 2019. CBP notified
Commerce that HTSUS number 9403.20.0080 was
replaced with 9403.20.0081.
1 See Steel Concrete Reinforcing Bar from the
Republic of Turkey and Japan: Amended Final
Affirmative Antidumping Duty Determination for
the Republic of Turkey and Antidumping Duty
Orders, 82 FR 32532 (July 14, 2017) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
45596 (September 10, 2018).
E:\FR\FM\16SEN1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 179 (Monday, September 16, 2019)]
[Notices]
[Pages 48584-48588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19949]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-088, C-570-089]
Certain Steel Racks and Parts Thereof From the People's Republic
of China: Amended Final Affirmative Antidumping Duty Determination and
Antidumping Duty Order; and Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC),
Commerce is issuing the antidumping duty (AD) and countervailing duty
(CVD) orders on certain steel racks and parts thereof (steel racks)
from the People's Republic of China (China). In addition, Commerce is
amending its final determination of sales at less than fair value
(LTFV) to correct ministerial errors.
DATES: Applicable September 16, 2019.
FOR FURTHER INFORMATION CONTACT: Maliha Khan (AD) or Robert Galantucci
(CVD), 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
and (202) 482-2923, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 705(d) of the Tariff Act of
1930, as amended (the Act), on July 24, 2019, Commerce published its
affirmative final determination of sales at LTFV \1\ and its
affirmative final determination that countervailable subsidies are
being provided to producers and exporters of steel racks from China.\2\
---------------------------------------------------------------------------
\1\ See Certain Steel Racks and Parts Thereof from the People's
Republic of China: Final Affirmative Determination of Sales at Less
Than Fair Value, 84 FR 35595 (July 24, 2019) (AD Final
Determination).
\2\ See Certain Steel Racks and Parts Thereof from the People's
Republic of China: Final Affirmative Countervailing Duty
Determination, 84 FR 35592 (July 24, 2019) (CVD Final
Determination).
---------------------------------------------------------------------------
On September 9, 2019, the ITC notified Commerce of its final
affirmative determination that an industry in the United States is
materially injured by reason of LTFV imports and subsidized imports of
steel racks from China, within the meaning of sections 735(b)(1)(A)(i)
and 705(b)(1)(A)(i) of the Act.\3\
---------------------------------------------------------------------------
\3\ See ITC September 9, 2019 letter regarding notification of
final determinations (ITC Notification).
---------------------------------------------------------------------------
Scope of the Orders
The products covered by these orders are steel racks from China.
For a complete description of the scope of the orders, see the Appendix
to this notice.
Amendment to the Final Determination of Sales at LTFV
Pursuant to sections 735(e) of the Act and 19 CFR 351.224(e) and
(f), Commerce is amending the AD Final Determination to correct two
ministerial errors. A ministerial error is defined as an error in
addition, subtraction, or other arithmetic function, clerical error
resulting from inaccurate copying, duplication, or the like, and any
other similar type of unintentional error which the Secretary considers
ministerial.\4\
---------------------------------------------------------------------------
\4\ See section 735(e) of the Act; and 19 CFR 351.224(f).
---------------------------------------------------------------------------
In the AD Final Determination, we made ministerial errors by
including a surrogate value for brokerage and handling (B&H) expenses
in our surrogate value spreadsheet and by stating that we added
surrogate B&H expenses to movement expenses for material inputs when we
did not do so. The record demonstrates that we intentionally did not
add surrogate B&H expenses to movement expenses for material inputs.
Therefore, we are amending the AD Final Determination to correct our
misstatement regarding the addition of surrogate B&H expenses and to
clarify our intention with respect to the inclusion of those expenses
in the surrogate values for material inputs. First, we did not add
surrogate B&H expenses to movement expenses for material inputs in the
AD Final Determination. Our statement that we did add these expenses is
incorrect. Second, our statements in the AD Final Determination
mischaracterize our intention with respect to B&H expenses related to
the movement of material inputs. Our statements indicate that we
intended to add surrogate B&H expenses to movement expenses for
material inputs when we did not. For further details, see the
Ministerial Error Memorandum.\5\
---------------------------------------------------------------------------
\5\ See Memorandum, ``Less-Than-Fair-Value Investigation of
Steel Racks and Parts Thereof from the People's Republic of China:
Allegation of Ministerial Errors in the Final Determination,'' dated
September 10, 2019 (Ministerial Error Memorandum).
---------------------------------------------------------------------------
[[Page 48585]]
AD Order
On September 9, 2019, in accordance with section 735(d) of the Act,
the ITC notified Commerce of its final determination that an industry
in the United States is materially injured within the meaning of
section 735(b)(1)(A)(i) of the Act by reason of imports of steel racks
from China that are sold in the United States at LTFV.\6\ Therefore, in
accordance with section 735(c)(2) of the Act, we are issuing this AD
order. Because the ITC determined that imports of steel racks from
China are materially injuring a U.S. industry, unliquidated entries of
such merchandise from China entered, or withdrawn from warehouse, for
consumption are subject to the assessment of antidumping duties.
---------------------------------------------------------------------------
\6\ See ITC Notification.
---------------------------------------------------------------------------
As a result of the ITC's final determination, in accordance with
section 736(a)(1) of the Act, Commerce will direct U.S. Customs and
Border Protection (CBP) to assess, upon further instruction by
Commerce, antidumping duties equal to the amount by which the normal
value of the merchandise exceeds the export price or constructed export
price of the subject merchandise, for all relevant entries of steel
racks from China. Antidumping duties will be assessed on unliquidated
entries of steel racks from China entered, or withdrawn from warehouse,
for consumption on or after March 4, 2019, the date of publication of
the AD Preliminary Determination,\7\ but antidumping duties will not be
assessed on entries of subject merchandise after the expiration of the
provisional measures period and before publication in the Federal
Register of the ITC's final injury determination, as further described
below.
---------------------------------------------------------------------------
\7\ 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) (AD Preliminary Determination). In
the AD Final Determination, we incorrectly stated that suspension
would continue from February 25, 2019. The correct date is March 4,
2019.
---------------------------------------------------------------------------
Continuation of Suspension of Liquidation--AD
Except as noted in the ``Provisional Measures--AD'' section of this
notice below, in accordance with section 735(c)(1)(B) of the Act,
Commerce will instruct CBP to continue to suspend liquidation on all
relevant entries of steel racks from China. These instructions
suspending liquidation will remain in effect until further notice.
Commerce will also instruct CBP to require cash deposits equal to
the estimated weighted-average dumping margins indicated in the table
below. Given that the provisional measures period has expired, as
explained below, effective on the date of publication in the Federal
Register of the notice of the ITC's final affirmative injury
determination, CBP will require, at the same time as importers would
normally deposit estimated duties on subject merchandise, a cash
deposit equal to the estimated weighted-average dumping margins listed
in the table below.\8\ The China-wide entity rate applies to all
exporter-producer combinations not specifically listed.
---------------------------------------------------------------------------
\8\ See section 736(a)(3) of the Act.
---------------------------------------------------------------------------
Provisional Measures--AD
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
that Commerce extend the four-month period to no more than six months.
At the request of exporters that account for a significant proportion
of steel racks from China, Commerce extended the four-month period to
six months in this proceeding. Commerce published the preliminary
determination on March 4, 2019. Hence, the extended provisional
measures period, beginning on the date of publication of the
preliminary determination, ended on August 30, 2019.
Therefore, in accordance with section 733(d) of the Act and our
practice,\9\ Commerce will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of steel racks from China, entered, or withdrawn
from warehouse, for consumption after August 30, 2019, the final day on
which the provisional measures were in effect, until and through the
day preceding the date of publication of the ITC's final affirmative
injury determination in the Federal Register.Suspension of liquidation
and the collection of cash deposits will resume on the date of
publication of the ITC's final determination in the Federal Register.
---------------------------------------------------------------------------
\9\ See Certain Corrosion-Resistant Steel Products from India,
Italy, the People's Republic of China, the Republic of Korea and
Taiwan: Amended Final Affirmative Antidumping Determination for
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390, 48392
(July 25, 2016).
---------------------------------------------------------------------------
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margin percentages are as
follows:
------------------------------------------------------------------------
Estimated
weighted-
Exporter Producer average
dumping margin
(percent)
------------------------------------------------------------------------
Nanjing Dongsheng Shelf Nanjing Dongsheng Shelf 18.06
Manufacturing Co., Ltd. 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 Hardware 18.06
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) Metal 18.06
Co., Ltd. Products Co., Ltd.
Master Trust (Xiamen) Import Zhangzhou Hongcheng 18.06
and Export Co., Ltd. Hardware & Plastic
Industry Co., Ltd.
Nanjing Ironstone Storage Jiangsu Baigeng 18.06
Equipment Co., Ltd. Logistics Equipments
Co., Ltd.
[[Page 48586]]
Nanjing Kingmore Logistics Nanjing Kingmore 18.06
Equipment Manufacturing Co., Logistics Equipment
Ltd. Manufacturing Co., Ltd.
Nanjing Kingmore Logistics Jiangsu Kingmore 18.06
Equipment Manufacturing Co., Storage Equipment
Ltd. Manufacturing Co., Ltd.
Ningbo Beilun Songyi Warehouse Ningbo Beilun Songyi 18.06
Equipment Manufacturing Co., Warehouse Equipment
Ltd. Manufacturing Co., Ltd.
Ningbo Xinguang Rack Co., Ltd.. Ningbo Xinguang Rack 18.06
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 Changzhou Tianyue 18.06
Hardware & Equipment Imp. & Storage Equipment Co.,
Exp. Co. Ltd. Ltd.
Suzhou (China) Sunshine Ningbo Beilun Songyi 18.06
Hardware & Equipment Imp. & Warehouse Equipment
Exp. Co. Ltd. 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 Industry 18.06
Ltd. 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 Trust 18.06
Trade Co., Ltd. Industry & Trade Co.,
Ltd.
Xiamen Kingfull Imp and Exp Xiamen Huiyi Beauty 18.06
Co., Ltd. (d.b.a) Xiamen Furniture Co., Ltd.
Kingfull Displays Co., Ltd.
Xiamen Kingfull Imp and Exp Xiamen LianHong 18.06
Co., Ltd. (d.b.a) Xiamen Industry and Trade
Kingfull Displays Co., Ltd. Co., Ltd.
Xiamen LianHong Industry and Xiamen LianHong 18.06
Trade Co., Ltd. Industry and Trade
Co., Ltd.
Xiamen Luckyroc Industry Co., Xiamen Luckyroc Storage 18.06
Ltd. Equipment Manufacture
Co., Ltd.
Xiamen Meitoushan Metal Xiamen Meitoushan Metal 18.06
Products Co., Ltd. Products 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 Display 18.06
Co., Ltd. Fixtures Co., Ltd.
Zhangjiagang Better Display Zhangjiagang Better 18.06
Co., Ltd. Display Co., Ltd.
---------------
China-wide entity.......... ....................... 144.50
------------------------------------------------------------------------
CVD Order
On September 9, 2019, in accordance with sections 705(b)(1)(A)(i)
and 705(d) of the Act, the ITC notified Commerce of its final
determination that an industry in the United States is materially
injured by reason of subsidized imports of steel racks from China.\10\
Therefore, in accordance with sections 705(c)(2) and 706 of the Act, we
are issuing this CVD order.
---------------------------------------------------------------------------
\10\ See ITC Notification.
---------------------------------------------------------------------------
As a result of the ITC's final affirmative determination, in
accordance with section 706(a) of the Act, Commerce will direct CBP to
assess, upon further instruction by Commerce, countervailing duties on
unliquidated entries of steel racks from China entered, or withdrawn
from warehouse, for consumption on or after December 3, 2018, the date
of publication of the CVD Preliminary Determination,\11\ but will not
include entries occurring after the expiration of the provisional
measures period and before publication in the Federal Register of the
ITC's final injury determination, as further described below.
---------------------------------------------------------------------------
\11\ See Certain Steel Racks from the People's Republic of
China: Preliminary Affirmative Countervailing Duty Determination,
and Alignment of Final Determination with Final Antidumping Duty
Determination, 83 FR 62297 (December 3, 2018) (CVD Preliminary
Determination).
---------------------------------------------------------------------------
Suspension of Liquidation--CVD
In accordance with section 706 of the Act, we will instruct CBP to
reinstitute suspension of liquidation on all relevant entries of
subject merchandise (i.e., steel racks from China), effective on the
date of publication of the ITC's notice of final affirmative injury
determination in the Federal Register, and to assess, upon further
instruction by Commerce, pursuant to section 706(a)(1) of the Act,
countervailing duties for each entry of the subject merchandise in an
amount based on the net countervailable subsidy rate for the subject
merchandise. We will also instruct CBP to require, at the same time as
importers would normally deposit estimated duties on this merchandise,
cash deposits for each entry of subject merchandise equal to the rates
noted below.
These instructions suspending liquidation will remain in effect
until further notice. The all-others rate applies to all producers or
exporters not specifically listed. The estimated subsidy rates for the
countervailing duty order are as follows:
------------------------------------------------------------------------
Subsidy rate
Company (percent)
------------------------------------------------------------------------
Designa Inc............................................. 102.23
Dongguan Baike Electronic Co., Ltd...................... 102.23
Ezidone Display Corp. Ltd............................... 102.23
Fenghua Huige Metal Products Co., Ltd................... 102.23
[[Page 48587]]
Formost Plastic Metal Works (Jiaxing) Co., Ltd.......... 102.23
Jiangsu Kingmore Storage Equipment Manufacturing Co., 102.23
Ltd....................................................
Nanjing Dongsheng Shelf Manufacturing Co., Ltd.......... 1.50
Nanjing Huade Storage Equipment Manufacture Co., Ltd.... 102.23
Ningbo Bocheng Home Products Co., Ltd................... 102.23
Ningbo Joys Imp. & Exp. Co., Ltd........................ 102.23
Ningbo Li Zhan Import & Export Co....................... 102.23
Qingdao Haineng Hardware Products Co., Ltd.............. 102.23
Qingdao Huatian Hand Truck Co., Ltd..................... 102.23
Qingdao Zeal-Line Stainless Steel Products Co., Ltd..... 102.23
Seven Seas Furniture Industrial (Xiamen) Co., Ltd....... 102.23
Shijiazhuang Wells Trading & Mfg. Co., Ltd.............. 102.23
Tangshan Apollo Energy Equipment Company................ 102.23
All-Others.............................................. 1.50
------------------------------------------------------------------------
Provisional Measures--CVD
Section 703(d) of the Act states that suspension of liquidation
instructions issued pursuant to an affirmative preliminary
determination may not remain in effect for more than four months.
Commerce published its CVD Preliminary Determination on December 3,
2018. Therefore, the four-month period beginning on the date of the
publication of the Preliminary Determination continued through April 1,
2019.
Therefore, in accordance with section 703(d) of the Act, Commerce
instructed CBP to terminate the suspension of liquidation and to
liquidate, without regard to countervailing duties, unliquidated
entries of steel racks from China entered, or withdrawn from warehouse,
for consumption on or after April 2, 2019, the date on which
provisional measures expired, through the day preceding the date of
publication of the ITC's final affirmative injury determinations in the
Federal Register. Suspension of liquidation will resume on the date of
publication of the ITC's final affirmative injury determinations in the
Federal Register.
Notifications to Interested Parties
This notice constitutes the AD and CVD orders with respect to steel
racks from China pursuant to sections 736(a) and 706(a) of the Act.
Interested parties can find a list of orders currently in effect at
https://enforcement.trade.gov/stats/iastats1.html.
These orders are published in accordance with sections 706(a) and
736(a) of the Act and 19 CFR 351.211(b).
Dated: September 11, 2019.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix
Scope of the Orders
The merchandise covered by these orders 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
these orders, 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
[[Page 48588]]
merchandise from the scope of these orders if performed in the
country of manufacture of the steel racks and parts thereof.
Packaging includes packaging the merchandise with or without another
product or any other packaging operation that would not remove the
merchandise from the scope of these orders if performed in the
country of manufacture of the steel racks and parts thereof.
Steel racks and parts thereof are included in the scope of these
orders whether or not imported attached to, or included with, other
parts or accessories such as wire decking, nuts, and bolts. If steel
racks and parts thereof are imported attached to, or included with,
such non-subject merchandise, only the steel racks and parts thereof
are included in the scope.
The scope of these orders does not cover: (1) Decks, i.e.,
shelving that sits on or fits into the horizontal supports to
provide the horizontal storage surface of the steel racks; (2) wire
shelving units, i.e., units made from wire that incorporate both a
wire deck and wire horizontal supports (taking the place of the
horizontal beams and braces) into a single piece with tubular
collars that slide over the posts and onto plastic sleeves snapped
on the posts to create a finished unit; (3) pins, nuts, bolts,
washers, and clips used as connecting devices; and (4) non-steel
components.
Specifically excluded from the scope of these orders 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 these orders 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 2,500 lbs per pair of
beams for beams that are 78'' or shorter, a weight capacity that
does not exceed 2,200 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 1,800 lbs per pair of beams for beams that are
longer than 90'';
(2) shelf supports that mate with the aforementioned horizontal
supports; and
(3) boltless vertical supports (upright welded frames and posts)
that have each of the following characteristics: (a) A length of 95
inches or less, (b) with no face that exceeds 2.90 inches wide, and
(c) made from steel that has a thickness of 0.065 inches or less.
Excluded from the scope of these orders are: (1) Wall-mounted
shelving and racks, defined as shelving and racks that suspend all
of the load from the wall, and do not stand on, or transfer load to,
the floor; (2) ceiling-mounted shelving and racks, defined as
shelving and racks that suspend all of the load from the ceiling and
do not stand on, or transfer load to, the floor; and (3) wall/
ceiling mounted shelving and racks, defined as shelving and racks
that suspend the load from the ceiling and the wall and do not stand
on, or transfer load to, the floor. The addition of a wall or
ceiling bracket or other device to attach otherwise subject
merchandise to a wall or ceiling does not meet the terms of this
exclusion.
Also excluded from the scope of these orders is scaffolding that
complies with ANSI/ASSE A10.8--2011--Scaffolding Safety
Requirements, CAN/CSA S269.2-M87 (Reaffirmed 2003)--Access
Scaffolding for Construction Purposes, and/or Occupational Safety
and Health Administration regulations at 29 CFR part 1926 subpart
L--Scaffolds.
Also excluded from the scope of these orders are tubular racks
such as garment racks and drying racks, i.e., racks in which the
load bearing vertical and horizontal steel members consist solely
of: (1) Round tubes that are no more than two inches in diameter;
(2) round rods that are no more than two inches in diameter; (3)
other tubular shapes that have both an overall height of no more
than two inches and an overall width of no more than two inches;
and/or (4) wire.
Also excluded from the scope of these orders 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 these orders are accessories
that are independently bolted to the floor and not attached to the
rack system itself, i.e., column protectors, corner guards,
bollards, and end row and end of aisle protectors.
Merchandise covered by these orders is currently classified in
the Harmonized Tariff Schedule of the United States (HTSUS) under
the following subheadings: 7326.90.8688, 9403.20.0081 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.\12\
\12\ See Memorandum, ``Steel Racks from the People's Republic of
China (A-570-088, C-570-089),'' dated August 8, 2019. CBP notified
Commerce that HTSUS number 9403.20.0080 was replaced with
9403.20.0081.
[FR Doc. 2019-19949 Filed 9-13-19; 8:45 am]
BILLING CODE 3510-DS-P
