Vertical Metal File Cabinets From the People's Republic of China: Antidumping and Countervailing Duty Orders, 68121-68123 [2019-27028]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 84, Number 240 (Friday, December 13, 2019)]
[Notices]
[Pages 68121-68123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27028]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-110, C-570-111]


Vertical Metal File Cabinets From the People's Republic of China: 
Antidumping and Countervailing Duty Orders

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 vertical metal file cabinets (file cabinets) from the 
People's Republic of China (China).

DATES: Applicable December 13, 2019.

FOR FURTHER INFORMATION CONTACT: Kathryn Wallace at (202) 482-6251, AD/
CVD Operations, Office VII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 705(d) and 735(d) of the Tariff Act of 
1930, as amended (the Act), on October 25, 2019, Commerce published its 
affirmative final determination of sales at less-than-fair-value (LTFV) 
\1\ and its affirmative final determination that countervailable 
subsidies are being provided to producers and exporters of file 
cabinets from China.\2\
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    \1\ See Vertical Metal File Cabinets from the People's Republic 
of China: Final Determination of Sales at Less-Than-Fair Value, 84 
FR 57398 (October 25, 2019) (LTFV Final Determination).
    \2\ See Vertical Metal File Cabinets from the People's Republic 
of China: Final Affirmative Countervailing Duty Determination, 84 FR 
57394 (October 25, 2019) (CVD Final Determination).
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    On December 2, 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 
file cabinets from China, within the meaning of section 705(b)(1)(A)(i) 
and 735(b)(1)(A)(i) of the Act.\3\
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    \3\ See ITC Letter dated December 2, 2019 (ITC Notification).
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Scope of the Orders

    The products covered by these orders are file cabinets from China. 
For a complete description of the scope of the orders, see Appendix I 
of this notice.

AD Order

    On December 2, 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 file 
cabinets from China that are sold in the United States at LTFV.\4\ 
Therefore, in accordance with section 735(c)(2) of the Act, we are 
issuing this AD order. Because the ITC determined that imports of file 
cabinets 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 described below.
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    \4\ See ITC Notification.
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    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 file cabinets from China. Antidumping duties will be 
assessed on unliquidated entries of file cabinets from China entered, 
or withdrawn from warehouse, for consumption on or after August 1, 
2019, the date of publication of the LTFV Preliminary Determination \5\ 
but will not be assessed on entries occurring after the expiration of 
the provisional measures period and before publication of the ITC's 
final affirmative injury determination, as further described below.
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    \5\ See Vertical Metal File Cabinets from the People's Republic 
of China: Preliminary Determination of Sales at Less-Than-Fair-
Value, 83 FR 37618 (August 1, 2019) (LTFV Preliminary 
Determination).
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Suspension of Liquidation--AD 6
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    \6\ Section 733(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, except where exporters representing a significant 
proportion of exports of the subject merchandise request Commerce to 
extend that four-month period to no more than six months. Commerce 
published its LTFV Preliminary Determination on August 1, 2019. 
Therefore, the four-month period, beginning on the date of 
publication of the LTFV Preliminary Determination, ends on December 
1, 2019.
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    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct CBP to reinstate suspension of liquidation on all relevant 
entries of file cabinets from China, effective on the date of the 
publication of the ITC's final affirmative injury determination in the 
Federal Register, and to assess, upon further instruction by Commerce 
pursuant to section 736(a)(1) of the Act, antidumping duties for each 
entry of the subject merchandise equal to the amount by which the 
normal value of the merchandise exceeds the export price or constructed 
export price of the merchandise. These instructions suspending 
liquidation will remain in effect until further notice. For each 
producer and exporter combination, Commerce will also instruct CBP to 
require cash deposits for estimated antidumping duties equal to the 
cash deposit rates listed below.
    Accordingly, effective on the date of publication of the ITC Final 
Determination, CBP will require, at the same time as an importer of 
record would normally deposit estimated duties on the subject 
merchandise, a cash deposit based on the rates listed below.\7\ As 
stated in the LTFV Final Determination, Commerce made certain 
adjustments for export subsidies from the CVD Final Determination to 
the estimated weighted-average dumping margin to determine each of the 
cash deposit rates.
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    \7\ See section 736(a)(3) of the Act.

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                                                                  Estimated weighted-
               Producer                        Exporter         average dumping  margin     Cash Deposit Rate
                                                                        (percent)               (percent)
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China-Wide Entity....................  China-Wide Entity......                   198.50                   160.77
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[[Page 68122]]

CVD Order

    On December 2, 2019, in accordance with section 705(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 705(b)(1)(A)(i) of the Act by reason of subsidized imports of 
file cabinets from China.\8\ Therefore, in accordance with section 
705(c)(2) of the Act, we are issuing this CVD order. Because the ITC 
determined that imports of file cabinets 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 countervailing duties, as described below.
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    \8\ See ITC Notification.
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    As a result of the ITC's final determination, in accordance with 
section 706(a)(1) of the Act, Commerce will direct CBP to assess, upon 
further instruction by Commerce, countervailing duties on all relevant 
entries of file cabinets from China. Countervailing duties will be 
assessed on unliquidated entries of file cabinets from China entered, 
or withdrawn from warehouse, for consumption on or after August 1, 
2019, the date of publication of the CVD Preliminary Determination,\9\ 
but will not be assessed on entries occurring after the expiration of 
the provisional measures period and before publication of the ITC's 
final affirmative injury determination, as further described below.
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    \9\ See Vertical Metal File Cabinets from the People's Republic 
of China: Preliminary Affirmative Countervailing Duty Determination, 
84 FR 37622 (August 1, 2019) (CVD Preliminary Determination).
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Suspension of Liquidation--CVD 10
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    \10\ 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 LTFV Preliminary Determination 
on August 1, 2019. Therefore, the four-month period beginning on the 
date of publication of the LTFV Preliminary Determination ends on 
December 1, 2019.
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    In accordance with section 705(c)(1)(B) of the Act, we will 
instruct CBP to reinstitute suspension of liquidation on all relevant 
entries of file cabinets 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 amounts as 
indicated below. Accordingly, effective on the date of publication of 
the ITC's final affirmative injury determination, CBP will require, at 
the same time as importers would normally deposit estimated duties on 
the subject merchandise, a cash deposit for each entry of subject 
merchandise equal to the subsidy rates listed below.\11\ The all-others 
rate applies to all producers or exporters not specifically listed 
below, as appropriate.
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    \11\ See section 706(a)(3) of the Act.

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                                                                Subsidy
                          Companies                              rate
                                                               (percent)
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Non-Responsive Companies \12\...............................      271.79
All Others \13\.............................................      271.79
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Notifications to Interested Parties

    This notice constitutes the AD and CVD orders with respect to file 
cabinets from China pursuant to sections 706(a) and 736(a) of the Act. 
Interested parties can find a list of orders currently in effect at 
https://enforcement.trade.gov/stats/iastats1.html.
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    \12\ See Appendix II: List of Companies Receiving CVD AFA Rate.
    \13\ See Appendix III: List of Companies Receiving CVD All-
Others Rate.
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    These orders are published in accordance with sections 706(a) and 
736(a) of the Act and 19 CFR 351.211(b).

    Dated: December 5, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Orders

    The scope of these orders 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 out stop, the drawer is extended until the 
drawer back is 3\1/2\ 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

[[Page 68123]]

covers the test procedures applicable to fire-resistant equipment 
intended to protect paper records.
    The merchandise subject to the orders 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 orders is dispositive.

Appendix II

List of Non-Responsive Companies Receiving the CVD AFA Rate

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

Appendix III

List of Companies Receiving the CVD All-Others Rate

    The companies receiving the all-others rate include:

1. Guangzhou Perfect Office Furniture
2. Guangzhou Textiles Holdings Limited
3. Huisen Furniture (Longnan) Co., Ltd.
4. Invention Global Ltd.
5. Jiangxi Yuanjin Science & Technology Group Co., Ltd.
6. Jpc Co., Ltd. (HK)
7. Leder Lighting Co., Ltd.
8. Luoyang Cuide Imp. & Exp.
9. Ningbo Haishu Spark Imp. & Exp. Co., Ltd.
10. Ningbo Haitian International Co.
11. Qingdao Liansheng
12. Shanxi Ktl Agricultural Technology Co., Ltd.
13. Shanxi Sijian Group Co., Ltd.
14. Shenzhen Zhilai Sci and Tech Co., Ltd.
15. Top Perfect Ltd.
16. Zhengzhou Puhui Trading Co., Ltd.

[FR Doc. 2019-27028 Filed 12-12-19; 8:45 am]
BILLING CODE 3510-DS-P