Certain Metal Lockers and Parts Thereof From the People's Republic of China: Initiation of Countervailing Duty Investigation, 47353-47357 [2020-17031]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 85, Number 151 (Wednesday, August 5, 2020)]
[Notices]
[Pages 47353-47357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17031]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-134]


Certain Metal Lockers and Parts Thereof From the People's 
Republic of China: Initiation of Countervailing Duty Investigation

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


DATES: Applicable July 29, 2020.

FOR FURTHER INFORMATION CONTACT: Charles Doss, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4474.

SUPPLEMENTARY INFORMATION:

The Petition

    On July 9, 2020, the U.S. Department of Commerce (Commerce) 
received a countervailing duty (CVD) petition concerning imports of 
certain metal lockers and parts thereof (metal lockers) from the 
People's Republic of China (China) filed in proper form on behalf of 
List Industries, Inc., Lyon LLC, Penco Products, Inc., and Tennsco LLC 
(collectively, the petitioners), domestic producers of metal 
lockers.\1\ The Petition was accompanied by an antidumping duty (AD) 
petition concerning imports of metal lockers from China.\2\
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    \1\ See Petitioners' Letter, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties Against Imports of Certain 
Metal Lockers and Parts Thereof from the People's Republic of 
China,'' dated July 9, 2020 (the Petition).
    \2\ Id.
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    On July 13, 2020, Commerce requested supplemental information 
pertaining to certain aspects of the Petition in separate supplemental 
questionnaires.\3\ Further, on July 22, 2020, Commerce held a 
conversation via telephone with counsel to the petitioners requesting 
further clarification regarding certain outstanding issues.\4\ As part 
of these requests, Commerce asked that the petitioners provide further 
information regarding the proposed scope to ensure that the scope 
language in the Petition is an accurate reflection of the products for 
which the domestic industry is seeking relief. On July 16, 17, and 23, 
2020, the petitioners filed responses to Commerce's supplemental 
questionnaires, which included revisions to the scope.\5\
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    \3\ See Commerce's Letters, ``Certain Metal Lockers and Parts 
Thereof from the People's Republic of China--Petitions for the 
Imposition of Antidumping and Countervailing Duties: Supplemental 
Questions,'' and ``Certain Metal Lockers and Parts Thereof From the 
People's Republic of China--Petitioners' Response to Supplemental 
Questionnaire Regarding Volume III: Countervailing Duty Petition,'' 
both dated July 13, 2020.
    \4\ See Memorandum, ``Telephone Conversation with the 
Petitioners regarding Antidumping and Countervailing Duty Petitions 
Covering Certain Metal Lockers and Parts Thereof from the People's 
Republic of China,'' dated July 22, 2020.
    \5\ See Petitioners' Letters, ``Certain Metal Lockers and Parts 
Thereof From the People's Republic of China--Petitioners' Response 
to Supplemental Questionnaire Regarding Volume I: General Issues,'' 
dated July 16, 2020 (First General Issues Supplement), ``Certain 
Metal Lockers and Parts Thereof From the People's Republic of 
China--Petitioners' Response to Supplemental Questionnaire Regarding 
Volume III: Countervailing Duty Petition,'' dated July 17, 2020, and 
Petitioners' Letter, ``Certain Metal Lockers and Parts Thereof from 
the People's Republic of China--Petitioners' Second Amendment to 
Volume I Relating to General Issues,'' dated July 23, 2020 (Second 
General Issues Supplement).
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    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), the petitioners allege that the Government of China 
(GOC) is providing countervailable subsidies, within the meaning of 
sections 701 and 771(5) of the Act, to producers of metal lockers in 
China and that such imports are materially injuring, or threatening 
material injury to, the domestic industry producing metal lockers in 
the United States. Consistent with section 702(b)(1) of the Act and 19 
CFR 351.202(b), for those alleged programs on which we are initiating a 
CVD investigation, the Petition is supported by information reasonably 
available to the petitioners supporting their allegations.
    Commerce finds that the petitioners filed the Petition on behalf of 
the domestic industry because the petitioners are interested parties as 
defined in section 771(9)(C) of the Act. Commerce also finds that the 
petitioners demonstrated sufficient industry support with respect to 
the initiation of the requested CVD investigation.\6\
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    \6\ See ``Determination of Industry Support for the Petition'' 
section, infra.
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Period of Investigation

    Because the Petition was filed on July 9, 2020, the period of 
investigation (POI)

[[Page 47354]]

is January 1, 2019, through December 31, 2019.\7\
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    \7\ See 19 CFR 351.204(b)(2).
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Scope of the Investigation

    The merchandise covered by this investigation is metal lockers from 
China. For a full description of the scope of this investigation, see 
the Appendix to this notice.

Comments on Scope of the Investigation

    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (i.e., scope).\8\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determination. If scope comments include factual information,\9\ all 
such factual information should be limited to public information. To 
facilitate preparation of its questionnaires, Commerce requests that 
all interested parties submit scope comments by 5:00 p.m. Eastern Time 
(ET) on August 18, 2020, which is 20 calendar days from the signature 
date of this notice. Any rebuttal comments, which may include factual 
information, must be filed by 5:00 p.m. ET on August 28, 2020, which is 
10 calendar days from the initial comment deadline.\10\
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    \8\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997) (Preamble).
    \9\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \10\ See 19 CFR 351.303(b).
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    Commerce requests that any factual information the parties consider 
relevant to the scope of the investigation be submitted during this 
time period. However, if a party subsequently finds that additional 
factual information pertaining to the scope of the investigation may be 
relevant, the party may contact Commerce and request permission to 
submit the additional information. All such comments must also be filed 
on the record of the concurrent AD investigation.

Filing Requirements

    All submissions to Commerce must be filed electronically using 
Enforcement and Compliance's (E&C) Antidumping Duty and Countervailing 
Duty Centralized Electronic Service System (ACCESS), unless an 
exception applies.\11\ An electronically filed document must be 
received successfully in its entirety by the time and date it is due.
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    \11\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014), for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on using ACCESS 
can be found at https://access.trade.gov/help.aspx and a handbook 
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
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Consultations

    Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce 
notified the GOC of the receipt of the Petition and provided it the 
opportunity for consultations with respect to the CVD Petition.\12\ On 
July 21, 2020, the GOC informed Commerce that it did not intend to hold 
consultations, but would instead provide written comments on the 
Petition \13\ and, thus, we did not hold consultations with the GOC. On 
July 27, 2020, the GOC provided comments on the Petition.\14\
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    \12\ See Commerce's Letter, ``Countervailing Duty Petition on 
Certain Metal Lockers and Parts Thereof from the People's Republic 
of China,'' dated July 14, 2020.
    \13\ See Memorandum, ``Consultation Invitation Response,'' dated 
July 22, 2020.
    \14\ See Memorandum, ``Consultation Comments from the Government 
of the People's Republic of China,'' dated July 28,2020.
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Determination of Industry Support for the Petition

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
Poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC must apply the same statutory definition regarding the domestic 
like product,\15\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\16\
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    \15\ See section 771(10) of the Act.
    \16\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989), 
cert. denied 492 U.S. 919 (1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioners do not 
offer a definition of the domestic like product distinct from the scope 
of the investigation.\17\ Based on our analysis of the information 
submitted on the record, we have determined that metal lockers, as 
defined in the scope, constitute a single domestic like product, and we 
have analyzed industry support in terms of that domestic like 
product.\18\
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    \17\ See Volume I of the Petition at 17-19; see also First 
General Issues Supplement at 8-9; and Second General Issues 
Supplement at 2-5.
    \18\ For a discussion of the domestic like product analysis as 
applied to this case and information regarding industry support, see 
Countervailing Duty Investigation Initiation Checklist: Certain 
Metal Lockers and Parts Thereof from the People's Republic of China 
(China CVD Initiation Checklist) at Attachment II, ``Analysis of 
Industry Support for the Antidumping and Countervailing Duty 
Petitions Covering Certain Metal Lockers and Parts Thereof from the 
People's Republic of China'' (Attachment II), dated concurrently 
with this notice and on file electronically via ACCESS.
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    In determining whether the petitioners have standing under section 
702(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition with reference to the domestic like product 
as defined in the ``Scope of the Investigation,'' in the Appendix to 
this notice. To establish industry support, the petitioners provided 
their 2019 production of the

[[Page 47355]]

domestic like product, as well as the 2019 production of DeBourgh 
Manufacturing, a supporter of the Petition.\19\ The petitioners 
compared the production of the supporters of the Petition to the 
estimated total production of the domestic like product for the entire 
domestic industry.\20\ We relied on data provided by the petitioners 
for purposes of measuring industry support.\21\
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    \19\ See Second General Issues Supplement at 6 and Exhibit GEN-
SUPP2-2.
    \20\ See Volume I of the Petition at 3, 5 and Exhibits GEN-1 and 
GEN-2; see also First General Issues Supplement at 10 and Exhibit 
GEN-SUPP-1; and Second General Issues Supplement at 5-6 and Exhibit 
GEN-SUPP2-2.
    \21\ See Volume I of the Petition at 3, 5 and Exhibits GEN-1 and 
GEN-2; see also First General Issues Supplement at 10 and Exhibit 
GEN-SUPP-1; and Second General Issues Supplement at 5-6 and Exhibit 
GEN-SUPP2-2. For further discussion, see China CVD Initiation 
Checklist at Attachment II.
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    Our review of the data provided in the Petition, the First General 
Issues Supplement, Second General Issues Supplement, and other 
information readily available to Commerce indicates that the 
petitioners have established industry support for the Petition.\22\ 
First, the Petition established support from domestic producers (or 
workers) accounting for more than 50 percent of the total production of 
the domestic like product and, as such, Commerce is not required to 
take further action in order to evaluate industry support (e.g., 
polling).\23\ Second, the domestic producers (or workers) have met the 
statutory criteria for industry support under section 702(c)(4)(A)(i) 
of the Act because the domestic producers (or workers) who support the 
Petition account for at least 25 percent of the total production of the 
domestic like product.\24\ Finally, the domestic producers (or workers) 
have met the statutory criteria for industry support under section 
702(c)(4)(A)(ii) of the Act because the domestic producers (or workers) 
who support the Petition account for more than 50 percent of the 
production of the domestic like product produced by that portion of the 
industry expressing support for, or opposition to, the Petition.\25\ 
Accordingly, Commerce determines that the Petition was filed on behalf 
of the domestic industry within the meaning of section 702(b)(1) of the 
Act.\26\
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    \22\ See China CVD Initiation Checklist at Attachment II.
    \23\ Id.; see also section 702(c)(4)(D) of the Act.
    \24\ See China CVD Initiation Checklist at Attachment II.
    \25\ Id.
    \26\ Id.
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Injury Test

    Because China is a ``Subsidies Agreement Country'' within the 
meaning of section 701(b) of the Act, section 701(a)(2) of the Act 
applies to this investigation. Accordingly, the ITC must determine 
whether imports of the subject merchandise from China materially 
injure, or threaten material injury to, a U.S. industry.

Allegations and Evidence of Material Injury and Causation

    The petitioners allege that imports of the subject merchandise are 
benefitting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. In addition, the petitioners 
allege that subject imports exceed the negligibility threshold provided 
for under section 771(24)(A) of the Act.\27\
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    \27\ See Volume I of the Petition at 19-20 and Exhibit GEN-1.
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    The petitioners contend that the industry's injured condition is 
illustrated by a significant and increasing volume of subject imports; 
reduced market share; underselling and price depression or suppression; 
lost sales and revenues; declines in production, capacity utilization, 
and shipments; and declines in operating income.\28\ We assessed the 
allegations and supporting evidence regarding material injury, threat 
of material injury, causation, as well as negligibility, and we have 
determined that these allegations are properly supported by adequate 
evidence, and meet the statutory requirements for initiation.\29\
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    \28\ See Volume I of the Petitions at 16-17, 19-29 and Exhibits 
GEN-1, GEN-5, and GEN-8 through GEN-11; see also First General 
Issues Supplement at 11 and Exhibit GEN-SUPP-5.
    \29\ See China CVD Initiation Checklist at Attachment III, 
Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petitions 
Covering Certain Metal Lockers and Parts Thereof from the People's 
Republic of China.
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Initiation of CVD Investigation

    Based upon our examination of the Petition and supplemental 
responses, we find that the Petition meets the requirements of section 
702 of the Act. Therefore, we are initiating a CVD investigation to 
determine whether imports of metal lockers from China benefit from 
countervailable subsidies conferred by the GOC. Based on our review of 
the Petition, we find that there is sufficient information to initiate 
a CVD investigation on all alleged programs. For a full discussion of 
the basis for our decision to initiate on each program, see CVD 
Initiation Checklist. A public version of the initiation checklist for 
this investigation is available on ACCESS In accordance with section 
703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we 
will make our preliminary determination no later than 65 days after the 
date of this initiation.

Respondent Selection

    The Petition named 76 companies in China as producers/exporters of 
metal lockers.\30\ Commerce intends to follow its standard practice in 
CVD investigations and calculate company-specific subsidy rates in this 
investigation. In the event Commerce determines that the number of 
companies is large and it cannot individually examine each company 
based upon Commerce's resources, where appropriate, Commerce intends to 
select mandatory respondents based on quantity and value (Q&V) 
questionnaires issued to the potential respondents. Commerce normally 
selects mandatory respondents in CVD investigations using U.S. Customs 
and Border Protection (CBP) entry data for U.S. imports under the 
appropriate Harmonized Tariff Schedule of the United States (HTSUS) 
numbers listed in the scope of the investigation. However, for this 
investigation, the HTSUS number under which the subject merchandise 
would enter (i.e., 9403.20.0078) is a basket category under which non-
subject merchandise may enter. Therefore, we cannot rely on CBP entry 
data in selecting respondents; however, since there are 76 producers 
and exporters identified in the Petition, Commerce has determined to 
limit the number of Q&V questionnaires that it will send out to 
exporters and producers based on CBP data for certain metal lockers 
from China during the POI under the appropriate Harmonized Tariff 
Schedule of the United States number listed in the ``Scope of the 
Investigation,'' in the Appendix. Accordingly, Commerce will send Q&V 
questionnaires to the largest producers and exporters that are 
identified in the CBP data for which there is address information on 
the record.
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    \30\ See Volume I of the Petition at Exhibit Gen-6.
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    In addition, Commerce will post the Q&V questionnaire along with 
filing instructions on Enforcement and Compliance's website at https://www.trade.gov/ec-adcvd-case-announcements. Producers/exporters of metal 
lockers from China that do not receive Q&V questionnaires by mail may 
still submit a response to the Q&V questionnaire and can obtain the Q&V 
questionnaire from E&C's website. Responses to the Q&V questionnaire

[[Page 47356]]

must be submitted by the relevant Chinese producers/exporters no later 
than 5:00 p.m. ET on August 12, 2020, which is two weeks from the 
signature date of this notice. All Q&V responses must be filed 
electronically via ACCESS An electronically filed document must be 
received successfully, in its entirety, by ACCESS no later than 5:00 
p.m. ET on the deadline noted above.
    Concurrent with this notice, Commerce released CBP data on imports 
of metal lockers from China under administrative protective order (APO) 
to all parties with access to information protected by APO and 
indicated that interested parties wishing to comment on the CBP data 
must do so within three business days of the publication date of the 
notice of initiation of this investigation.\31\ We further stated that 
we will not accept rebuttal comments.
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    \31\ See Memorandum, ``Release of Customs Data from U.S. Customs 
and Border Protection,'' dated concurrently this with this notice.
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    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305(b). Instructions for filing such 
applications may be found on E&C's website at https://enforcement.trade.gov/apo.
    Comments must be filed electronically using ACCESS An 
electronically filed document must be received successfully, in its 
entirety, by ACCESS no later than 5:00 p.m. ET on the date noted above. 
Commerce intends to finalize its decisions regarding respondent 
selection within 20 days of publication of this notice.

Distribution of Copies of the Petition

    In accordance with section 702(b)(4)(A) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petition has been 
provided to the GOC via ACCESS Furthermore, to the extent practicable, 
Commerce will attempt to provide a copy of the public version of the 
Petition to each exporter named in the Petition, as provided under 19 
CFR 351.203(c)(2).

ITC Notification

    Commerce will notify the ITC of its initiation, as required by 
section 702(d) of the Act.

Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition was filed, whether there is a reasonable 
indication that imports of metal lockers from China are materially 
injuring, or threatening material injury to, a U.S. industry.\32\ A 
negative ITC determination will result in the investigation being 
terminated.\33\ Otherwise, this investigation will proceed according to 
statutory and regulatory time limits.
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    \32\ See section 703(a)(1) of the Act.
    \33\ Id.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). Section 351.301(b) of Commerce's 
regulations requires any party, when submitting factual information, to 
specify under which subsection of 19 CFR 351.102(b)(21) the information 
is being submitted \34\ and, if the information is submitted to rebut, 
clarify, or correct factual information already on the record, to 
provide an explanation identifying the information already on the 
record that the factual information seeks to rebut, clarify, or 
correct.\35\ Time limits for the submission of factual information are 
addressed in 19 CFR 351.301, which provides specific time limits based 
on the type of factual information being submitted. Interested parties 
should review the regulations prior to submitting factual information 
in this investigation.
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    \34\ See 19 CFR 351.301(b).
    \35\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by Commerce. In general, an extension request will 
be considered untimely if it is filed after the expiration of the time 
limit established under 19 CFR 351.301.\36\ For submissions that are 
due from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 a.m. ET on the due date. 
Under certain circumstances, Commerce may elect to specify a different 
time limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, Commerce will inform parties in a letter or memorandum of the 
deadline (including a specified time) by which extension requests must 
be filed to be considered timely. An extension request must be made in 
a separate, stand-alone submission; under limited circumstances we will 
grant untimely-filed requests for the extension of time limits. Parties 
should review Extension of Time Limits; Final Rule, 78 FR 57790 
(September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting extension requests 
or factual information in this investigation.
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    \36\ See 19 CFR 351.302.
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Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\37\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\38\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \37\ See section 782(b) of the Act.
    \38\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also 
frequently asked questions regarding the Final Rule, available at 
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce 
published Antidumping and Countervailing Duty Proceedings: Documents 
Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). 
Parties wishing to participate in this investigation should ensure that 
they meet the requirements of these procedures (e.g., the filing of 
letters of appearance as discussed at 19 CFR 351.103(d)). Note that 
Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
further notice.\39\
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    \39\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    This notice is issued and published pursuant to sections 702 and 
777(i) of the Act, and 19 CFR 351.203(c).

    Dated: July 29, 2020.
Jeffrey I. Kessler,
Assistant Secretary Enforcement and Compliance.

Appendix--Scope of the Investigation

    The scope of this investigation covers certain metal lockers, 
with or without doors, and parts thereof (certain metal lockers). 
The subject certain metal lockers are metal storage devices less 
than 27 inches wide and less than 27 inches deep, whether floor 
standing, installed onto a base or wall-

[[Page 47357]]

mounted. In a multiple locker assembly (whether a welded locker 
unit, otherwise assembled locker unit or knocked down unit or kit), 
the width measurement shall be based on the width of an individual 
locker not the overall unit dimensions. All measurements in this 
scope are based on actual measurements. The subject certain metal 
lockers typically include the bodies (back, side, shelf, top and 
bottom panels), door frames with or without doors which can be 
integrated into the sides or made separately, and doors. The subject 
metal lockers typically are made of flat-rolled metal, metal mesh 
and/or expanded metal, which includes but is not limited to alloy or 
non-alloy steel (whether or not galvanized or otherwise metallically 
coated for corrosion resistance), stainless steel, or aluminum, but 
the doors may also include transparent polycarbonate, Plexiglas or 
similar transparent material or any combination thereof. Metal mesh 
refers to both wire mesh and expanded metal mesh. Wire mesh is a 
wire product in which the horizontal and transverse wires are welded 
at the cross-section in a grid pattern. Expanded metal mesh is made 
by slitting and stretching metal sheets to make a screen of diamond 
or other shaped openings. The doors are configured with or for a 
handle or other device that permit the use of a mechanical or 
electronic lock or locking mechanism, including, but not limited to: 
A combination lock, a padlock, a key lock, lever or knob lock, and a 
wireless lock. The subject locker may also enter with the lock or 
locking device included or installed. The doors or body panels may 
also include vents (including wire mesh or expanded metal mesh 
vents) or perforations. The bodies, body components and doors are 
typically powder coated, otherwise painted or epoxy coated or may be 
unpainted. The subject merchandise includes metal lockers imported 
either as welded or otherwise assembled units (ready for 
installation or use) or as knocked down units or kits (requiring 
assembly prior to installation or use).
    The subject lockers may be shipped as individual or multiple 
locker units preassembled, welded, or combined into banks or tiers 
for ease of installation or as sets of component parts, bulk packed 
(i.e., all backs in one package, crate, rack, carton or container 
and sides in another package, crate, rack, carton or container) or 
any combination thereof. The knocked down lockers are shipped 
unassembled requiring a supplier, contractor or end-user to assemble 
the individual lockers and locker banks prior to installation.
    The scope also includes all parts and components of lockers made 
from flat-rolled metal or expanded metal (e.g., doors, frames, 
shelves, tops, bottoms, backs, side panels, etc.) as well as 
accessories that are attached to the lockers when installed 
(including, but not limited to, slope tops, bases, expansion filler 
panels, dividers, recess trim, decorative end panels, and end caps) 
that may be imported together with lockers or other locker 
components or on their own. The particular accessories listed for 
illustrative purposes are defined as follows:
    a. Slope tops: Slope tops are slanted metal panels or units that 
fit on the tops of the lockers and that slope from back to front to 
prevent the accumulation of dust and debris on top of the locker and 
to discourage the use of the tops of lockers as storage areas. Slope 
tops come in various configurations including, but not limited to, 
unit slope tops (in place of flat tops), slope hoods made of a back, 
top and end pieces which fit over multiple units and convert flat 
tops to a sloping tops, and slope top kits that convert flat tops to 
sloping tops and include tops, backs and ends.
    b. Bases: Locker bases are panels made from flat-rolled metal 
that either conceal the legs of the locker unit, or for lockers 
without legs, provide a toe space in the front of the locker and 
conceal the flanges for floor anchoring.
    c. Expansion filler panel: Expansion filler panels or fillers 
are metal panels that attach to locker units to cover columns, pipes 
or other obstacles in a row of lockers or fill in gaps between the 
locker and the wall. Fillers may also include metal panels that are 
used on the sides or the top of the lockers to fill gaps.
    d. Dividers: Dividers are metal panels that divide the space 
within a locker unit into different storage areas.
    e. Recess trim: Recess trim is a narrow metal trim that bridges 
the gap between lockers and walls or soffits when lockers are 
recessed into a wall.
    f. Decorative end panels: End panels fit onto the exposed ends 
of locker units to cover holes, bolts, nuts, screws and other 
fasteners. They typically are painted to match the lockers.
    g. End caps: End caps fit onto the exposed ends of locker units 
to cover holes, bolts, nuts, screws and other fasteners.
    The scope also includes all hardware for assembly and 
installation of the lockers and locker banks that are imported with 
or shipped, invoiced or sold with the imported locker or locker 
system.
    Excluded from the scope are wire mesh lockers. Wire mesh lockers 
are those with each of the following characteristics:
    (1) At least three sides, including the door, made from wire 
mesh;
    (2) the width and depth each exceed 25 inches; and
    (3) the height exceeds 90 inches.
    Also excluded are lockers with bodies made entirely of plastic, 
wood or any nonmetallic material.
    Also excluded are exchange lockers with multiple individual 
locking doors mounted on one master locking door to access multiple 
units. Excluded exchange lockers have multiple individual storage 
spaces, typically arranged in tiers, with access doors for each of 
the multiple individual storage space mounted on a single frame that 
can be swung open to allow access to all of the individual storage 
spaces at once. For example, uniform or garment exchange lockers are 
designed for the distinct function of securely and hygienically 
exchanging clean and soiled uniforms. Thus, excluded exchange 
lockers are a multi-access point locker whereas covered lockers are 
a single access point locker for personal storage.
    Also excluded are metal lockers that are imported with an 
installed electronic, internet-enabled locking device that permits 
communication or connection between the locker's locking device and 
other internet connected devices.
    Also excluded are hardware and accessories for assembly and 
installation of the lockers, locker banks and storage systems that 
are separately imported in bulk and are not incorporated into a 
locker, locker system or knocked down kit at the time of 
importation. Such excluded hardware and accessories include but are 
not limited to bulk imported rivets, nuts, bolts, hinges, door 
handles, locks, door/frame latching components, and coat hooks. 
Accessories of sheet metal, including but not limited to end panels, 
bases, dividers and sloping tops, are not excluded accessories.
    The subject certain metal lockers are classified under 
Harmonized Tariff Schedule of the United States (HTSUS) subheading 
9403.20.0078. Parts of subject certain metal lockers are classified 
under HTS subheading 9403.90.8041. While HTSUS subheadings are 
provided for convenience and Customs purposes, the written 
description of the scope of the investigation is dispositive.

[FR Doc. 2020-17031 Filed 8-4-20; 8:45 am]
BILLING CODE 3510-DS-P