Vertical Metal File Cabinets From the People's Republic of China: Final Determination of Sales at Less Than Fair Value, 57398-57400 [2019-23337]

Download as PDF 57398 Federal Register / Vol. 84, No. 207 / Friday, October 25, 2019 / Notices on steel cylinders from China with respect to BTIC, Tianjin Tianhai, and Langfang Tianhai.3 On October 1, 2019, Norris and BTIC withdrew their requests for an administrative review.4 Rescission of Review Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if the party or parties that requested a review withdraws the request within 90 days of the publication date of the notice of initiation of the requested review. Norris withdrew its request for review of BTIC, Langfang Tianhai High Pressure Container, and Tianjin Tianhai High Pressure Container, and BTIC withdrew its request for review of itself. Both parties withdrew their requests within 90 days of the publication date of the notice of initiation. No other parties requested an administrative review of the order. Therefore, in accordance with 19 CFR 351.213(d)(1), we are rescinding this review in its entirety. Assessment Commerce will instruct U.S. Customs and Border Protection (CBP) to assess countervailing duties on all appropriate entries of HPSC from China. Countervailing duties shall be assessed at rates equal to the cash deposit of estimated countervailing duties required at the time of entry, or withdrawal from warehouse, for consumption in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue appropriate assessment instructions to CBP 15 days after the date of publication of this notice in the Federal Register. Notification Regarding Administrative Protective Orders This notice also serves as a reminder to all parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 84 FR 36572 (July 29, 2019). 4 See letter from Norris, ‘‘High Pressure Steel Cylinders from the People’s Republic of China; Withdrawal of Request for Administrative Review,’’ and BTIC, ‘‘Withdrawal of Review Request in the Seventh Administrative Review of Countervailing Duty Order on High Pressure Steel Cylinders from the People’s Republic of China,’’ dated October 1, 2019. VerDate Sep<11>2014 18:04 Oct 24, 2019 Jkt 250001 and terms of an APO is a violation which is subject to sanction. This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4). Period of Investigation Dated: October 21, 2019. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. The merchandise covered by this investigation is file cabinets from China. For a complete discussion of the scope of this investigation, see the Appendix to this notice. [FR Doc. 2019–23336 Filed 10–24–19; 8:45 am] BILLING CODE 3510–DS–P International Trade Administration [A–570–110] Vertical Metal File Cabinets From the People’s Republic of China: Final Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that vertical metal file cabinets (file cabinets) from the People’s Republic of China (China) are being, or are likely to be, sold in the United States at less than fair value (LTFV). DATES: Applicable October 25, 2019. FOR FURTHER INFORMATION CONTACT: Kathryn Wallace, 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. SUPPLEMENTARY INFORMATION: AGENCY: Background On August 1, 2019, Commerce published its Preliminary Determination of sales at LTFV of file cabinets from China and gave parties an opportunity to comment.1 Commerce received no comments or requests for a hearing. As there are no changes from, or comments upon, the Preliminary Determination, Commerce finds that there is no reason to modify its analysis. Accordingly, no decision memorandum accompanies this Federal Register notice. For further details of the issues addressed in this proceeding, see the Preliminary Determination.2 1 See Vertical Metal File Cabinets from the Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 84 FR 37618 (August 1, 2019) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Preliminary Determination, 84 FR at 37618. Frm 00017 Fmt 4703 Scope of the Investigation Separate Rates DEPARTMENT OF COMMERCE PO 00000 The period of investigation (POI) is October 1, 2017 through March 31, 2018. Sfmt 4703 As no company subject to this investigation submitted an application for separate rate status, Commerce preliminarily determined that none of the companies subject to this investigation demonstrated eligibility for separate rate status and were thus found to be part of the China-wide entity.3 In this final determination, we continue to treat all 62 exporters or producers subject to this investigation as part of the China-wide entity.4 China-Wide Entity As explained in the Preliminary Determination, Commerce did not receive timely responses to its quantity and value (Q&V) questionnaire from exporters and/or producers of subject merchandise that were named in the petition and to which Commerce issued Q&V questionnaires.5 As noted above, these non-responsive companies also did not demonstrate separate rate eligibility, and accordingly, were determined to be a part of the Chinawide entity. Furthermore, as explained in the Preliminary Determination, the China-wide entity failed to provide necessary information, withheld information requested by Commerce, failed to provide information in a timely manner, and significantly impeded this proceeding by not submitting the requested information. Moreover, the China-wide entity was found to be noncooperative.6 Thus, we continue to find that the use of adverse facts available (AFA) pursuant to section 776(a)–(b) of the Act is appropriate, and we are continuing to base the China-wide entity’s rate on AFA. China-Wide Rate In selecting the AFA rate for the China-wide entity, Commerce’s practice is to select a rate that is sufficiently adverse to ensure that the uncooperative party does not obtain a more favorable result by failing to cooperate than if it 3 Id. 4 Id. 5 See 6 Id. E:\FR\FM\25OCN1.SGM Preliminary Decision Memorandum at 6. at 6–7. 25OCN1 57399 Federal Register / Vol. 84, No. 207 / Friday, October 25, 2019 / Notices had fully cooperated.7 Specifically, it is Commerce’s practice to select, as an AFA rate, the higher of: (a) The highest dumping margin alleged in the petition; or (b) the highest calculated dumping margin of any respondent in the investigation.8 As AFA, Commerce has continued to assign to the China-wide entity the highest petition rate, 198.5 percent.9 Final Determination Commerce determines that the following weighted-average dumping margins exist for the period October 1, 2018 through March 31, 2019: Estimated weightedaverage dumping margin (percent) Producer/exporter China-Wide Entity ............................................................................................................................................ Disclosure Normally, Commerce discloses to interested parties the calculations performed in connection with a preliminary determination within five days of its public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). However, because Commerce applied total AFA to the China-wide entity in this investigation in accordance with section 776 of the Act, and the applied AFA rate is based solely on the petition, there are no calculations to disclose. Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, we will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all appropriate entries of file cabinets from China, as described in the appendix to this notice, which were entered, or withdrawn from warehouse, for consumption on or after August 1, 2019, the date of publication of the Preliminary Determination of this investigation in the Federal Register. Further, Commerce will instruct CBP to require a cash deposit equal to the estimated amount by which the normal value exceeds the U.S. price as shown above. To determine the cash deposit rate, Commerce normally adjusts the estimated weighted-average dumping margin by the amount of domestic subsidy pass-through and export subsidies determined in a companion CVD proceeding when CVD provisional 7 See, e.g., Notice of Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination: Purified Carboxymethyl cellulose from Finland, 69 FR 77216, 77219 (December 27, 2004), unchanged in Notice of Final Determination of Sales at Less Than Fair Value: VerDate Sep<11>2014 18:04 Oct 24, 2019 Jkt 250001 measures are in effect. Accordingly, where Commerce makes an affirmative determination for domestic subsidy pass-through or export subsidies, Commerce offsets the calculated estimated weighted-average dumping margin by the appropriate rate(s). Commerce continues to find no domestic subsidy-pass through and to adjust for export subsidies, as explained in the Preliminary Determination.10 Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), Commerce will instruct CBP to require a cash deposit equal to the weightedaverage amount by which NV exceeds U.S. price as follows: (1) For all combinations of exporters/producers of merchandise under consideration that have not received their own separate rate, the cash-deposit rate will be the cash deposit rate established for the China-wide entity; and (2) for all nonChinese exporters of the merchandise under consideration which have not received their own separate rate above, the cash-deposit rate will be the cash deposit rate applicable to the Chinese exporter/producer combination that supplied that non-Chinese exporter. These suspension of liquidation instructions will remain in effect until further notice. International Trade Commission (ITC) Notification In accordance with section 735(d) of the Act, we will notify the International Trade Commission (ITC) of the final affirmative determination of sales at LTFV. Because the final determination in this proceeding is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final Purified Carboxymethyl Cellulose from Finland, 70 FR 28279, 28279 (May 17, 2005). 8 See, e.g., Certain Stilbenic Optical Brightening Agents from the People’s Republic of China: Final Determination of Sales at Less Than Fair Value, 77 FR 17436, 17438 (March 26, 2012); Final Determination of Sales at Less Than Fair Value: PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 198.5 Estimated weightedaverage dumping margin adjusted for export subsidy offset (percent) 160.77 determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports, or sales (or the likelihood of sales) for importation of file cabinets from China before the later of 120 days after our preliminary determination or 45 days after our final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated, and all cash deposits will be refunded. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise, entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Notification Regarding Administrative Protective Orders This notice serves as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a violation subject to sanction. Notification to Interested Parties This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c). Certain Cold-Rolled Flat-Rolled Carbon Quality Steel Products from the People’s Republic of China, 65 FR 34660 (May 31, 2000), and accompanying Issues and Decision Memorandum. 9 See Preliminary Determination at 84 FR 37618. 10 See Preliminary Decision Memorandum at 9– 10. E:\FR\FM\25OCN1.SGM 25OCN1 57400 Federal Register / Vol. 84, No. 207 / Friday, October 25, 2019 / Notices Dated: October 7, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix Scope of the Investigation The scope of this investigation covers freestanding vertical metal file cabinets containing two or more extendable file storage elements and having an actual width of 25 inches or less. The subject vertical metal file cabinets have bodies made of carbon and/or alloy steel and or other metals, regardless of whether painted, powder coated, or galvanized or otherwise coated for corrosion protection or aesthetic appearance. The subject vertical metal file cabinets must have two or more extendable elements for file storage (e.g., file drawers) of a height that permits hanging files of either letter (8.5″ x 11″) or legal (8.5″ x 14″) sized documents. An ‘‘extendable element’’ is defined as a movable load-bearing storage component including, but not limited to, drawers and filing frames. Extendable elements typically have suspension systems, consisting of glide blocks or ball bearing glides, to facilitate opening and closing. The subject vertical metal file cabinets typically come in models with two, three, four, or five-file drawers. The inclusion of one or more additional non-file-sized extendable storage elements, not sized for storage files (e.g., box or pencil drawers), does not remove an otherwise in-scope product from the scope as long as the combined height of the non-file-sized extendable storage elements does not exceed six inches. The inclusion of an integrated storage area that is not extendable (e.g., a cubby) and has an actual height of six inches or less, also does not remove a subject vertical metal file cabinet from the scope. Accessories packaged with a subject vertical file cabinet, such as separate printer stands or shelf kits that sit on top of the in-scope vertical file cabinet are not considered integrated storage. ‘‘Freestanding’’ means the unit has a solid top and does not have an open top or a top with holes punched in it that would permit the unit to be attached to, hung from, or otherwise used to support a desktop or other work surface. The ability to anchor a vertical file cabinet to a wall for stability or to prevent it from tipping over does not exclude the unit from the scope. The addition of mobility elements such as casters, wheels, or a dolly does not remove the product from the scope. Packaging a subject vertical metal file cabinet with other accessories, including, but not limited to, locks, leveling glides, caster kits, drawer accessories (e.g., including but not limited to follower wires, follower blocks, file compressors, hanger rails, pencil trays, and hanging file folders), printer stand, shelf kit and magnetic hooks, also does not remove the product from the scope. Vertical metal file cabinets are also in scope whether they are imported assembled or unassembled with all essential parts and components included. Excluded from the scope are lateral metal file cabinets. Lateral metal file cabinets have VerDate Sep<11>2014 18:04 Oct 24, 2019 Jkt 250001 a width that is greater than the body depth, and have a body with an actual width that is more than 25 inches wide. Also excluded from the scope are pedestal file cabinets. Pedestal file cabinets are metal file cabinets with body depths that are greater than or equal to their width, are under 31 inches in actual height, and have the following characteristics: (1) An open top or other the means for the cabinet to be attached to or hung from a desktop or other work surface such as holes punched in the top (i.e., not freestanding); or (2) freestanding file cabinets that have all of the following: (a) At least a 90 percent drawer extension for all extendable file storage elements; (b) a central locking system; (c) a minimum weight density of 9.5 lbs./cubic foot; and (d) casters or leveling glides. ‘‘Percentage drawer extension’’ is defined.as the drawer travel distance divided by the inside depth dimension of the drawer. Inside depth of drawer is measured from the inside of the drawer face to the inside face of the drawer back. Drawer extension is the distance the drawer travels from the closed position to the maximum travel position which is limited by the out stops. In situations where drawers do not include an outstop, the drawer is extended until the drawer back is 3-l/2 inches from the closed position of inside face of the drawer front. The ‘‘weight density’’ is calculated by dividing the cabinet’s actual weight by its volume in cubic feet (the multiple of the product’s actual width, depth, and height). A ‘‘central locking system’’ locks all drawers in a unit. Also excluded from the scope are fire proof or fire-resistant file cabinets that meet Underwriters Laboratories (UL) fire protection standard 72, class 350, which covers the test procedures applicable to fireresistant equipment intended to protect paper records. The merchandise subject to the investigation is classified under Harmonized Tariff Schedule of the United States (HTSUS) subheading 9403.10.0020. The subject merchandise may also enter under HTSUS subheadings 9403.10.0040, 9403.20.0080, and 9403.20.0090. While HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the investigation is dispositive. [FR Doc. 2019–23337 Filed 10–24–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–588–851] Certain Small Diameter Carbon and Alloy Seamless Standard, Line, and Pressure Pipe (Under 41⁄2 Inches) From Japan: Rescission of Antidumping Duty Administrative Review: 2018– 2019 Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 The Department of Commerce (Commerce) is rescinding the administrative review of the antidumping duty (AD) order on certain small diameter carbon and alloy seamless standard, line, and pressure pipe (under 41⁄2 inches) from Japan for the period of review (POR) June 1, 2018 through May 31, 2019, based on the timely withdrawal of the request for review. DATES: Applicable October 25, 2019. FOR FURTHER INFORMATION CONTACT: Dusten Hom, AD/CVD Operations, Office 1, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5075. SUPPLEMENTARY INFORMATION: SUMMARY: Background On June 3, 2019, Commerce published a notice of opportunity to request an administrative review of the antidumping duty order on certain small diameter carbon and alloy seamless standard, line, and pressure pipe (under 41⁄2 inches) from Japan for the POR of June 1, 2018 through May 31, 2019.1 United States Steel Corporation (U.S. Steel) timely filed requests for an administrative review of Denka Company Limited (Denka), Ebara Corporation (Ebara), JFE Steel Corporation (JFE Steel), Kaneka Corporation (Kaneka), Kawasaki Steel Corporation (Kawasaki Steel), Maruichi Kohan Limited (Maruichi), Metal One Tubular Products Incorporated (Metal One), Nippon Steel & Sumitomo Metal Corporation (N&S), Nippon Steel Corporation (Nippon Steel), NKK Tubes (NKK), Okaya & Company Limited (Okaya), Sumitomo Corporation (Sumitomo Corp.), Sumitomo Metal Industries Limited (Sumitomo Metal), Taiheiyo Cement Corporation (Taiheiyo), Vallourec & Sumitomo Tubos do Brasil Limitada (V&C), Vallourec Solucoes Tubulares do Brasil (Vallourec Solucoes), and Yamashin Industry Company (Yamashin), in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(b).2 On July 29, 2019, pursuant to these requests, and in accordance with 19 CFR 351.221(c)(1)(i), Commerce published a notice initiating an 1 See Antidumping or Countervailing Duty Order. Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 84 FR 25521 (June 3, 2019). 2 See letter from U.S. Steel, ‘‘Carbon and Alloy Seamless Standard line, and Pressure Pipe (Under 41⁄2 Inches) from Japan: Request for Administrative Review of Antidumping Duty Order,’’ dated June 28, 2019. E:\FR\FM\25OCN1.SGM 25OCN1

Agencies

[Federal Register Volume 84, Number 207 (Friday, October 25, 2019)]
[Notices]
[Pages 57398-57400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23337]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-110]


Vertical Metal File Cabinets From the People's Republic of China: 
Final Determination of Sales at Less Than Fair Value

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

SUMMARY: The Department of Commerce (Commerce) determines that vertical 
metal file cabinets (file cabinets) from the People's Republic of China 
(China) are being, or are likely to be, sold in the United States at 
less than fair value (LTFV).

DATES: Applicable October 25, 2019.

FOR FURTHER INFORMATION CONTACT: Kathryn Wallace, 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.

SUPPLEMENTARY INFORMATION:

Background

    On August 1, 2019, Commerce published its Preliminary Determination 
of sales at LTFV of file cabinets from China and gave parties an 
opportunity to comment.\1\ Commerce received no comments or requests 
for a hearing. As there are no changes from, or comments upon, the 
Preliminary Determination, Commerce finds that there is no reason to 
modify its analysis. Accordingly, no decision memorandum accompanies 
this Federal Register notice. For further details of the issues 
addressed in this proceeding, see the Preliminary Determination.\2\
---------------------------------------------------------------------------

    \1\ See Vertical Metal File Cabinets from the Republic of China: 
Preliminary Affirmative Determination of Sales at Less Than Fair 
Value, 84 FR 37618 (August 1, 2019) (Preliminary Determination), and 
accompanying Preliminary Decision Memorandum.
    \2\ See Preliminary Determination, 84 FR at 37618.
---------------------------------------------------------------------------

Period of Investigation

    The period of investigation (POI) is October 1, 2017 through March 
31, 2018.

Scope of the Investigation

    The merchandise covered by this investigation is file cabinets from 
China. For a complete discussion of the scope of this investigation, 
see the Appendix to this notice.

Separate Rates

    As no company subject to this investigation submitted an 
application for separate rate status, Commerce preliminarily determined 
that none of the companies subject to this investigation demonstrated 
eligibility for separate rate status and were thus found to be part of 
the China-wide entity.\3\ In this final determination, we continue to 
treat all 62 exporters or producers subject to this investigation as 
part of the China-wide entity.\4\
---------------------------------------------------------------------------

    \3\ Id.
    \4\ Id.
---------------------------------------------------------------------------

China-Wide Entity

    As explained in the Preliminary Determination, Commerce did not 
receive timely responses to its quantity and value (Q&V) questionnaire 
from exporters and/or producers of subject merchandise that were named 
in the petition and to which Commerce issued Q&V questionnaires.\5\ As 
noted above, these non-responsive companies also did not demonstrate 
separate rate eligibility, and accordingly, were determined to be a 
part of the China-wide entity. Furthermore, as explained in the 
Preliminary Determination, the China-wide entity failed to provide 
necessary information, withheld information requested by Commerce, 
failed to provide information in a timely manner, and significantly 
impeded this proceeding by not submitting the requested information. 
Moreover, the China-wide entity was found to be non-cooperative.\6\ 
Thus, we continue to find that the use of adverse facts available (AFA) 
pursuant to section 776(a)-(b) of the Act is appropriate, and we are 
continuing to base the China-wide entity's rate on AFA.
---------------------------------------------------------------------------

    \5\ See Preliminary Decision Memorandum at 6.
    \6\ Id. at 6-7.
---------------------------------------------------------------------------

China-Wide Rate

    In selecting the AFA rate for the China-wide entity, Commerce's 
practice is to select a rate that is sufficiently adverse to ensure 
that the uncooperative party does not obtain a more favorable result by 
failing to cooperate than if it

[[Page 57399]]

had fully cooperated.\7\ Specifically, it is Commerce's practice to 
select, as an AFA rate, the higher of: (a) The highest dumping margin 
alleged in the petition; or (b) the highest calculated dumping margin 
of any respondent in the investigation.\8\ As AFA, Commerce has 
continued to assign to the China-wide entity the highest petition rate, 
198.5 percent.\9\
---------------------------------------------------------------------------

    \7\ See, e.g., Notice of Preliminary Determination of Sales at 
Less Than Fair Value and Postponement of Final Determination: 
Purified Carboxymethyl cellulose from Finland, 69 FR 77216, 77219 
(December 27, 2004), unchanged in Notice of Final Determination of 
Sales at Less Than Fair Value: Purified Carboxymethyl Cellulose from 
Finland, 70 FR 28279, 28279 (May 17, 2005).
    \8\ See, e.g., Certain Stilbenic Optical Brightening Agents from 
the People's Republic of China: Final Determination of Sales at Less 
Than Fair Value, 77 FR 17436, 17438 (March 26, 2012); Final 
Determination of Sales at Less Than Fair Value: Certain Cold-Rolled 
Flat-Rolled Carbon Quality Steel Products from the People's Republic 
of China, 65 FR 34660 (May 31, 2000), and accompanying Issues and 
Decision Memorandum.
    \9\ See Preliminary Determination at 84 FR 37618.
---------------------------------------------------------------------------

Final Determination

    Commerce determines that the following weighted-average dumping 
margins exist for the period October 1, 2018 through March 31, 2019:

------------------------------------------------------------------------
                                                            Estimated
                                                            weighted-
                                          Estimated      average dumping
          Producer/exporter               weighted-      margin adjusted
                                       average dumping     for export
                                      margin (percent)   subsidy offset
                                                            (percent)
------------------------------------------------------------------------
China-Wide Entity...................             198.5            160.77
------------------------------------------------------------------------

Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with a preliminary determination within five 
days of its public announcement or, if there is no public announcement, 
within five days of the date of publication of this notice in 
accordance with 19 CFR 351.224(b). However, because Commerce applied 
total AFA to the China-wide entity in this investigation in accordance 
with section 776 of the Act, and the applied AFA rate is based solely 
on the petition, there are no calculations to disclose.

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all appropriate entries of file cabinets from 
China, as described in the appendix to this notice, which were entered, 
or withdrawn from warehouse, for consumption on or after August 1, 
2019, the date of publication of the Preliminary Determination of this 
investigation in the Federal Register. Further, Commerce will instruct 
CBP to require a cash deposit equal to the estimated amount by which 
the normal value exceeds the U.S. price as shown above.
    To determine the cash deposit rate, Commerce normally adjusts the 
estimated weighted-average dumping margin by the amount of domestic 
subsidy pass-through and export subsidies determined in a companion CVD 
proceeding when CVD provisional measures are in effect. Accordingly, 
where Commerce makes an affirmative determination for domestic subsidy 
pass-through or export subsidies, Commerce offsets the calculated 
estimated weighted-average dumping margin by the appropriate rate(s). 
Commerce continues to find no domestic subsidy-pass through and to 
adjust for export subsidies, as explained in the Preliminary 
Determination.\10\
---------------------------------------------------------------------------

    \10\ See Preliminary Decision Memorandum at 9-10.
---------------------------------------------------------------------------

    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), Commerce will instruct CBP to require a cash deposit equal 
to the weighted-average amount by which NV exceeds U.S. price as 
follows: (1) For all combinations of exporters/producers of merchandise 
under consideration that have not received their own separate rate, the 
cash-deposit rate will be the cash deposit rate established for the 
China-wide entity; and (2) for all non-Chinese exporters of the 
merchandise under consideration which have not received their own 
separate rate above, the cash-deposit rate will be the cash deposit 
rate applicable to the Chinese exporter/producer combination that 
supplied that non-Chinese exporter. These suspension of liquidation 
instructions will remain in effect until further notice.

International Trade Commission (ITC) Notification

    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission (ITC) of the final affirmative 
determination of sales at LTFV. Because the final determination in this 
proceeding is affirmative, in accordance with section 735(b)(2) of the 
Act, the ITC will make its final determination as to whether the 
domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports, or sales (or the 
likelihood of sales) for importation of file cabinets from China before 
the later of 120 days after our preliminary determination or 45 days 
after our final determination. If the ITC determines that material 
injury or threat of material injury does not exist, the proceeding will 
be terminated, and all cash deposits will be refunded. If the ITC 
determines that such injury does exist, Commerce will issue an 
antidumping duty order directing CBP to assess, upon further 
instruction by Commerce, antidumping duties on all imports of the 
subject merchandise, entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation.

Notification Regarding Administrative Protective Orders

    This notice serves as the only reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the 
return or destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and the terms of an APO is a violation subject to sanction.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c).


[[Page 57400]]


    Dated: October 7, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Investigation

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

[FR Doc. 2019-23337 Filed 10-24-19; 8:45 am]
BILLING CODE 3510-DS-P