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]

Download as PDF 48584 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. jspears on DSK3GMQ082PROD with NOTICES 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. VerDate Sep<11>2014 18:14 Sep 13, 2019 Jkt 247001 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). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 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). E:\FR\FM\16SEN1.SGM 16SEN1 Federal Register / Vol. 84, No. 179 / Monday, September 16, 2019 / Notices jspears on DSK3GMQ082PROD with NOTICES 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 VerDate Sep<11>2014 18:14 Sep 13, 2019 Jkt 247001 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. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 48585 18.06 18.06 18.06 18.06 18.06 18.06 18.06 18.06 18.06 18.06 18.06 18.06 18.06 18.06 18.06 18.06 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). E:\FR\FM\16SEN1.SGM 16SEN1 48586 Federal Register / Vol. 84, No. 179 / Monday, September 16, 2019 / Notices 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 18.06 18.06 18.06 18.06 18.06 18.06 18.06 18.06 Xiamen LianHong Industry and Trade Co., Ltd ......................... 18.06 Xiamen LianHong Industry and Trade Co., Ltd ......................... Xiamen Luckyroc Storage Equipment Manufacture Co., Ltd .... Xiamen Meitoushan Metal 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 ........................................ 18.06 18.06 18.06 18.06 18.06 18.06 18.06 .................................................................................................... 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 jspears on DSK3GMQ082PROD with NOTICES VerDate Sep<11>2014 18:14 Sep 13, 2019 Subsidy rate (percent) 11 See Certain Steel Racks from the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination, and Alignment Jkt 247001 PO 00000 Frm 00008 Fmt 4703 18.06 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 18.06 Ningbo Beilun Songyi Warehouse Equipment Manufacturing Co., Ltd. Tianjin Master Logistics Equipment Co., Ltd ............................. CTC Universal (Zhangzhou) Industrial Co., Ltd ........................ Xiamen Baihuide Manufacturing Co., Ltd .................................. Fujian First Industry and Trade Co., Ltd ................................... Fujian Ever Glory Fixtures Co., Ltd ........................................... Xiamen Ever Glory Fixtures Co., Ltd ......................................... Xiamen Golden Trust Industry & Trade Co., Ltd ....................... Xiamen Huiyi Beauty Furniture Co., Ltd .................................... Company 10 See 18.06 18.06 18.06 Sfmt 4703 102.23 102.23 102.23 102.23 of Final Determination with Final Antidumping Duty Determination, 83 FR 62297 (December 3, 2018) (CVD Preliminary Determination). E:\FR\FM\16SEN1.SGM 16SEN1 Federal Register / Vol. 84, No. 179 / Monday, September 16, 2019 / Notices 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. jspears on DSK3GMQ082PROD with NOTICES 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 http://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). VerDate Sep<11>2014 18:14 Sep 13, 2019 Jkt 247001 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 PO 00000 Frm 00009 Fmt 4703 48587 Sfmt 4703 102.23 102.23 1.50 102.23 102.23 102.23 102.23 102.23 102.23 102.23 102.23 102.23 102.23 1.50 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 E:\FR\FM\16SEN1.SGM 16SEN1 jspears on DSK3GMQ082PROD with NOTICES 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 16SEN1

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 
http://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