Certain Metal Lockers and Parts Thereof From the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation, 47343-47348 [2020-17064]
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Federal Register / Vol. 85, No. 151 / Wednesday, August 5, 2020 / Notices
the intermediary (e.g., a reseller, trading
company, or exporter) was destined for
the United States. In such instances, we
will instruct CBP to liquidate
unreviewed entries at the all-others rate
if there is no rate for the intermediate
company(ies) involved in the
transaction.7
Cash Deposit Requirements
The following cash deposit
requirements will be effective
retroactively for all shipments of subject
merchandise that entered, or withdrawn
from warehouse, for consumption on or
after June 29, 2020, the date of
publication of the Final Results of this
administrative review, as provided for
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for ARLANXEO
Brasil will be equal to the weightedaverage dumping margin established in
these amended final results of review;
(2) for producers or exporters not
covered in this review but covered in a
prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding; (3) if the exporter is not a
firm covered in this review or another
completed segment of this proceeding,
but the producer is, then the cash
deposit rate will be the rate established
for the most recently completed segment
of this proceeding for the producer of
the merchandise; and (4) if neither the
exporter nor the producer is a firm
covered in this or any previously
completed segment of this proceeding,
then the cash deposit rate will be the
all-others rate of 19.61 percent
established in the less-than-fair-value
investigation.8 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
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This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
7 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
8 See Emulsion Styrene-Butadiene Rubber from
Brazil: Final Affirmative Determination of Sales at
Less Than Fair Value and Final Negative
Determination of Critical Circumstances, 82 FR
33048 (July 19, 2019).
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subsequent assessment of doubled
antidumping duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of 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
sanctionable violation.
Notification to Interested Parties
These amended final results and
notice are issued and published in
accordance with sections 751(h) and
777(i) of the Act, and 19 CFR 351.224(e).
Dated: July 29, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2020–17030 Filed 8–4–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–133]
Certain Metal Lockers and Parts
Thereof From the People’s Republic of
China: Initiation of Less-Than-FairValue Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable July 29, 2020.
FOR FURTHER INFORMATION CONTACT:
Patrick Barton at (202) 482–0012 or
Laurel LaCivita at (202) 482–4243; AD/
CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
The Petition
On July 9, 2020, the U.S. Department
of Commerce (Commerce) received an
antidumping duty (AD) 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
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47343
(collectively, the petitioners), domestic
producers of metal lockers.1 The
Petition was accompanied by a
countervailing duty (CVD) petition
concerning imports of metal lockers
from China.2
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 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.5 On
July 16, 17, and 23, 2020, the petitioners
filed responses to Commerce’s
supplemental questionnaires, which
included revisions to the scope.6
In accordance with section 732(b) of
the Tariff Act of 1930, as amended (the
Act), the petitioners allege that imports
of metal lockers from China are being,
or are likely to be, sold in the United
States at less than fair value (LTFV)
within the meaning of section 731 of the
Act, and that imports of such products
are materially injuring, or threatening
material injury to, the domestic metal
locker industry in the United States.
1 See Petitioners’ Letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties: Certain Metal Lockers and Parts Thereof
from the People’s Republic of China,’’ dated July 9,
2020 (the Petition).
2 Id.
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,’’ (Volume I Supplemental
Questionnaire); and ‘‘Certain Metal Lockers and
Parts Thereof from the People’s Republic of China—
Petition for the Imposition of Antidumping Duties:
Supplemental Questions,’’ (Volume II
Supplemental Questionnaire) 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 Id.
6 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’’
(First General Issues Supplement); ‘‘Certain Metal
Lockers and Parts Thereof from the People’s
Republic of China—Petitioners’ Response to
Supplemental Questionnaire Regarding Volume II:
Antidumping Duty Petition’’ (China AD
Supplement), both dated July 16, 2020; and
‘‘Certain Metal Lockers and Parts Thereof from the
People’s Republic of China—Petitioners’
Petitioners’ Second Amendment to Volume I
Relating to General Issues,’’ dated July 23, 2020
(Second General Issues Supplement).
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Consistent with section 732(b)(1) of the
Act, the Petition is accompanied by
information reasonably available to the
petitioners supporting the 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 for the initiation of the
requested AD investigation.7
Period of Investigation
Because China is a non-market
economy (NME) country, pursuant to 19
CFR 351.204(b)(1), the period of
investigation (POI) is January 1, 2020
through June 30, 2020.
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.
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Comments on the 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, all such
factual information should be limited to
public information.9 To facilitate
preparation of its questionnaires,
Commerce requests that all interested
parties submit such 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 ten calendar days from the initial
comment deadline.10
Commerce requests that any factual
information the parties consider
relevant to the scope of the investigation
be submitted during this period.
However, if a party subsequently finds
that additional factual information
pertaining to the scope of the
7 See the Petition at Volume I, section I.C.,
‘‘Information Related to Industry Support.’’
8 See Antidumping Duties; Countervailing Duties,
Final Rule, 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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investigation may be relevant, the party
may contact Commerce and request
permission to submit the additional
information. All such submissions must
also be filed on the record of the
concurrent CVD investigation.
Filing Requirements
All submissions to Commerce must be
filed electronically using Enforcement
and Compliance’s 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.
Comments on Product Characteristics
Commerce is providing interested
parties an opportunity to comment on
the appropriate physical characteristics
of metal lockers to be reported in
response to Commerce’s AD
questionnaires. This information will be
used to identify the key physical
characteristics of the subject
merchandise in order to report the
relevant factors of production (FOPs)
accurately, as well as to develop
appropriate product-comparison
criteria.
Interested parties may provide any
information or comments that they feel
are relevant to the development of an
accurate list of physical characteristics.
In order to consider the suggestions of
interested parties in developing and
issuing the AD questionnaires, all
product characteristics comments must
be filed by 5:00 p.m. ET on August 18,
2020, which is 20 calendar days from
the signature date of this notice. Any
rebuttal comments must be filed by 5:00
p.m. ET on August 28, 2020. All
comments and submissions to
Commerce must be filed electronically
using ACCESS.
Determination of Industry Support for
the Petition
Section 732(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 732(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
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 help 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%20on
%20Electronic%20Filling%20Procedures.pdf.
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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 732(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,12 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.13
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.14 Based on our analysis of
12 See
section 771(10) of the Act.
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 (Federal Circuit 1989)).
14 See Volume I of the Petition at 17–19; see also
First General Issues Supplement at 6–9; and Second
General Issues Supplement at 2–5.
13 See
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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.15
In determining whether the
petitioners have standing under section
732(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
domestic like product, as well as the
2019 production of DeBourgh
Manufacturing, a supporter of the
Petition.16 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.17 We
relied on data provided by the
petitioners for purposes of measuring
industry support.18
Our review of the data provided in the
Petition, the First General Issues
Supplement, the Second General Issues
Supplement, and other information
readily available to Commerce indicates
that the petitioners have established
industry support for the Petition.19 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).20 Second, the domestic
producers (or workers) have met the
15 For a discussion of the domestic like product
analysis as applied to this case and information
regarding industry support, see Antidumping Duty
Investigation Initiation Checklist: Certain Metal
Lockers and Parts Thereof from the People’s
Republic of China (China AD Initiation Checklist)
at Attachment II, ‘‘Analysis of Industry Support for
the Antidumping and Countervailing Duty Petitions
Covering Certain Metal Lockers and Parts Thereof
from China’’ (Attachment II), dated concurrently
with this notice and on file electronically via
ACCESS.
16 See Volume I of the Petition at 3, 5 and Exhibit
GEN–2; see also Second General Issues Supplement
at 5–6 and Exhibit GEN–SUPP2–2.
17 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.
18 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 AD Initiation Checklist at Attachment II.
19 See China AD Initiation Checklist at
Attachment II.
20 Id.; see also section 732(c)(4)(D) of the Act.
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statutory criteria for industry support
under section 732(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.21 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(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.22 Accordingly, Commerce
determines that the Petition was filed on
behalf of the domestic industry within
the meaning of section 732(b)(1) of the
Act.23
Allegations and Evidence of Material
Injury and Causation
The petitioners allege that the U.S.
industry producing the domestic like
product is being materially injured, or is
threatened with material injury, by
reason of the imports of the subject
merchandise sold at LTFV. In addition,
the petitioners allege that subject
imports exceed the negligibility
threshold provided for under section
771(24)(A) of the Act.24
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.25 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.26
21 See
China AD Initiation Checklist at
Attachment II.
22 Id.
23 Id.
24 See Volume I of the Petition at 19–20 and
Exhibit GEN–1.
25 See Volume I of the Petition 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.
26 See China AD 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 (Attachment
III).
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47345
Allegations of Sales at LTFV
The following is a description of the
allegations of sales at LTFV upon which
Commerce based its decision to initiate
the AD investigation of imports of metal
lockers from China. The sources of data
for the deductions and adjustments
relating to U.S. price and normal value
(NV) are discussed in greater detail in
the China AD Investigation Initiation
Checklist.
U.S. Price
The petitioners based export price
(EP) on pricing information for metal
lockers produced in and exported from
China and sold or offered for sale in the
United States. The petitioners made
certain adjustments to U.S. price to
calculate a net ex-factory U.S. price.27
Normal Value
Commerce considers China to be an
NME country.28 In accordance with
section 771(18)(C)(i) of the Act, any
determination that a foreign country is
an NME country shall remain in effect
until revoked by Commerce. Therefore,
we continue to treat China as an NME
country for purposes of the initiation of
this investigation. Accordingly, NVs in
China are appropriately based on FOPs
valued in surrogate market economy
countries, in accordance with section
773(c) of the Act.
The petitioners argue that Mexico is
an appropriate surrogate country for
China because Mexico is a market
economy country that is at a level of
economic development comparable to
that of China and is a significant
producer of comparable merchandise.29
The petitioners submitted publicly
available information from Mexico to
value all FOPs.30 Based on the
information provided by the petitioners,
we determine that it is appropriate to
use Mexico as a surrogate country for
China for initiation purposes.
Interested parties will have the
opportunity to submit comments
regarding the surrogate country
selection and, pursuant to 19 CFR
27 See
China AD Initiation Checklist.
e.g., Certain Collated Steel Staples From
the People’s Republic of China: Preliminary
Affirmative Determination of Sales at Less Than
Fair Value, Preliminary Affirmative Determination
of Critical Circumstances, Postponement of Final
Determination and Extension of Provisional
Measures, 85 FR 882 (January 8, 2020), and
accompanying Preliminary Decision Memorandum,
unchanged in Certain Collated Steel Staples from
the People’s Republic of China: Final Affirmative
Determination of Sales at Less Than Fair Value and
Final Affirmative Critical Circumstances
Determination, 85 FR 33623 (June 2, 2020), and
accompanying Issues and Decision Memorandum.
29 See Volume II of the Petition at 4–6 and Exhibit
AD–3, ‘‘Costs in the Surrogate Country.’’
30 Id. at Exhibit AD–3.
28 See,
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351.301(c)(3)(i), will be provided an
opportunity to submit publicly available
information to value FOPs within 30
days before the scheduled date of the
preliminary determination.
Factors of Production
The petitioners used their own
product-specific consumption rates as a
surrogate to value Chinese
manufacturers’ FOPs.31 Additionally,
the petitioners calculated factory
overhead; selling, general and
administrative expenses; and profit
based on the experience of a Mexican
producer of comparable merchandise.32
Fair Value Comparisons
Based on the data provided by the
petitioners, there is reason to believe
that imports of metal lockers from China
are being, or are likely to be, sold in the
United States at LTFV. Based on
comparisons of EP to NV in accordance
with sections 772 and 773 of the Act,
the estimated dumping margins for
metal lockers from China are 245.96 and
322.25 percent.33
Initiation of LTFV Investigation
We find that the Petition and petition
supplements meet the requirements of
section 732 of the Act. Therefore, we are
initiating an AD investigation to
determine whether imports of metal
lockers from China are being, or are
likely to be, sold in the United States at
LTFV. In accordance with section
733(b)(1)(A) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will
make our preliminary determination no
later than 140 days after the date of this
initiation.
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Respondent Selection
The Petition named 76 companies in
China as producers/exporters of metal
lockers.34 In accordance with our
standard practice for respondent
selection in AD investigations involving
NME countries, Commerce selects
respondents based on quantity and
value (Q&V) questionnaires in cases
where it has determined that the
number of companies is large and it
cannot individually examine each
company based upon its resources.
Therefore, considering the number of
producers and exporters identified in
the Petition, Commerce will solicit Q&V
information that can serve as a basis for
31 See China AD Supplement at Exhibit AD–S2,
‘‘U.S. Consumption Quantities.’’
32 See China AD Supplement at Exhibit AD–S4,
‘‘Normal Value.’’
33 See China AD Supplement at Exhibit AD–S5,
‘‘Margins of Dumping.’’
34 See Volume I of the Petition at 27 and Exhibit
GEN–6, ‘‘List of Chinese Producers/Exporters.’’
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selecting exporters for individual
examination in the event that Commerce
decides to limit the number of
respondents individually examined
pursuant to section 777A(c)(2) of the
Act. Since there are 76 producers and
exporters for China 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 U.S. Customs and
Border Protection (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.
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-caseannouncements. Producers/exporters of
metal lockers from China that do not
receive Q&V questionnaires may still
submit a response to the Q&V
questionnaire and can obtain a copy of
the Q&V questionnaire from
Enforcement and Compliance’s website.
In accordance with the standard
practice for respondent selection in AD
cases involving NME countries, in the
event Commerce decides to limit the
number of respondents individually
investigated, Commerce intends to base
respondent selection on the responses to
the Q&V questionnaire that it receives.
Responses to the Q&V questionnaire
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
questionnaire 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.
On July 27, 2020, 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.35 We further stated that
we will not accept rebuttal comments.
35 See Memorandum, ‘‘Certain Metal Lockers and
Parts Thereof from the People’s Republic of China:
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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 Enforcement and
Compliance’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 deadline noted above. Commerce
intends to finalize its decisions
regarding respondent selection within
20 days of publication of this notice.
Separate Rates
In order to obtain separate-rate status
in an NME investigation, exporters and
producers must submit a separate-rate
application.36 The specific requirements
for submitting a separate-rate
application in a China investigation are
outlined in detail in the application
itself, which is available on Commerce’s
website at https://enforcement.trade.gov/
nme/nme-sep-rate.html. The separaterate application will be due 30 days
after publication of this initiation
notice.37 Exporters and producers who
submit a separate-rate application and
have been selected as mandatory
respondents will be eligible for
consideration for separate-rate status
only if they respond to all parts of
Commerce’s AD questionnaire as
mandatory respondents. Commerce
requires that companies from China
submit a response to both the Q&V
questionnaire and the separate-rate
application by the respective deadlines
in order to receive consideration for
separate-rate status. Companies not
filing a timely Q&V questionnaire
response will not receive separate rate
consideration.
Use of Combination Rates
Commerce will calculate combination
rates for certain respondents that are
eligible for a separate rate in an NME
investigation. The Separate Rates and
Combination Rates Bulletin states:
{w}hile continuing the practice of
assigning separate rates only to exporters, all
separate rates that the {Commerce} will now
Release of Customs Data from U.S. Customs and
Border Protection,’’ dated July 27, 2020.
36 See Policy Bulletin 05.1: ‘‘Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigation involving NME
Countries,’’ (April 5, 2005), available at https://
enforcement.trade.gov/policy/bull05-1.pdf (Policy
Bulletin 05.1).
37 Although in past investigations this deadline
was 60 days, consistent with 19 CFR 351.301(a),
which states that ‘‘the Secretary may request any
person to submit factual information at any time
during a proceeding,’’ this deadline is now 30 days.
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assign in its NME Investigation will be
specific to those producers that supplied the
exporter during the period of investigation.
Note, however, that one rate is calculated for
the exporter and all of the producers which
supplied subject merchandise to it during the
period of investigation. This practice applies
both to mandatory respondents receiving an
individually calculated separate rate as well
as the pool of non-investigated firms
receiving the weighted-average of the
individually calculated rates. This practice is
referred to as the application of ‘‘combination
rates’’ because such rates apply to specific
combinations of exporters and one or more
producers. The cash-deposit rate assigned to
an exporter will apply only to merchandise
both exported by the firm in question and
produced by a firm that supplied the exporter
during the period of investigation.38
Distribution of Copies of the AD
Petition
In accordance with section
732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version
of the AD Petition has been provided to
the government of China via ACCESS.
To the extent practicable, we will
attempt to provide a copy of the public
version of the AD Petition to each
exporter named in the AD Petition, as
provided under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its
initiation, as required by section 732(d)
of the Act.
jbell on DSKJLSW7X2PROD with NOTICES
Preliminary Determinations 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.39 A negative ITC
determination will result in the
investigation being terminated.40
Otherwise, this investigation will
proceed according to statutory and
regulatory time limits.
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
38 See
39 See
Policy Bulletin 05.1 at 6 (emphasis added).
section 733(a) of the Act.
40 Id.
VerDate Sep<11>2014
16:55 Aug 04, 2020
Jkt 250001
party, when submitting factual
information, to specify under which
subsection of 19 CFR 351.102(b)(21) the
information is being submitted 41 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.42 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.
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.
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, we 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, we 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 untimelyfiled 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-201309-20/html/2013-22853.htm, prior to
submitting factual information in this
investigation.
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.43
Parties must use the certification
formats provided in 19 CFR
41 See
19 CFR 351.301(b).
19 CFR 351.301(b)(2).
43 See section 782(b) of the Act.
42 See
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
47347
351.303(g).44 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
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.45
This notice is issued and published
pursuant to sections 732(c)(2) and 777(i)
of the Act, and 19 CFR 351.203(c).
Dated: July 29, 2020.
Jeffrey I. Kessler,
Assistant Secretary for 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 wallmounted. 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 nonalloy 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
44 See Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule). Answers to frequently asked
questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
45 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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Federal Register / Vol. 85, No. 151 / Wednesday, August 5, 2020 / Notices
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 crosssection 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
VerDate Sep<11>2014
16:55 Aug 04, 2020
Jkt 250001
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
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
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. 2020–17064 Filed 8–4–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–038]
Amorphous Silica Fabric From the
People’s Republic of China:
Rescission of Antidumping Duty
Administrative Review; 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is rescinding its
administrative review of the
antidumping duty order on certain
amorphous silica fabric (silica fabric)
from the People’s Republic of China
(China) for the period of review (POR)
March 1, 2019 through February 29,
2020.
AGENCY:
DATES:
Applicable August 5, 2020.
FOR FURTHER INFORMATION CONTACT:
Marc Castillo, AD/CVD Operations,
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0519.
SUPPLEMENTARY INFORMATION:
Background
On March 2, 2020, Commerce
published in the Federal Register a
notice of opportunity to request an
administrative review of the
antidumping duty order 1 on amorphous
silica fabric from China for the POR.2
On March 31, 2020, Commerce received
a timely request from Auburn
Manufacturing, Inc. (the petitioner), in
accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.213(b), to conduct an
administrative review of the Order for
89 companies.3 On May 6, 2020,
Commerce published in the Federal
Register a notice of initiation with
1 See Certain Amorphous Silica Fabric from the
People’s Republic of China: Antidumping Duty
Order, 82 FR 14314 (March 17, 2017) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 85 FR 12267
(March 2, 2020).
3 See Petitioner’s Letter, ‘‘Certain Amorphous
Silica Fabric from the People’s Republic of China,’’
dated March 31, 2020.
E:\FR\FM\05AUN1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 151 (Wednesday, August 5, 2020)]
[Notices]
[Pages 47343-47348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17064]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-133]
Certain Metal Lockers and Parts Thereof From the People's
Republic of China: Initiation of Less-Than-Fair-Value Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable July 29, 2020.
FOR FURTHER INFORMATION CONTACT: Patrick Barton at (202) 482-0012 or
Laurel LaCivita at (202) 482-4243; AD/CVD Operations, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petition
On July 9, 2020, the U.S. Department of Commerce (Commerce)
received an antidumping duty (AD) 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 a countervailing duty (CVD)
petition concerning imports of metal lockers from China.\2\
---------------------------------------------------------------------------
\1\ See Petitioners' Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties: Certain Metal Lockers and
Parts Thereof from the People's Republic of China,'' dated July 9,
2020 (the Petition).
\2\ Id.
---------------------------------------------------------------------------
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 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.\5\ On July 16, 17, and
23, 2020, the petitioners filed responses to Commerce's supplemental
questionnaires, which included revisions to the scope.\6\
---------------------------------------------------------------------------
\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,'' (Volume I Supplemental Questionnaire); and ``Certain
Metal Lockers and Parts Thereof from the People's Republic of
China--Petition for the Imposition of Antidumping Duties:
Supplemental Questions,'' (Volume II Supplemental Questionnaire)
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\ Id.
\6\ 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''
(First General Issues Supplement); ``Certain Metal Lockers and Parts
Thereof from the People's Republic of China--Petitioners' Response
to Supplemental Questionnaire Regarding Volume II: Antidumping Duty
Petition'' (China AD Supplement), both dated July 16, 2020; and
``Certain Metal Lockers and Parts Thereof from the People's Republic
of China--Petitioners' Petitioners' Second Amendment to Volume I
Relating to General Issues,'' dated July 23, 2020 (Second General
Issues Supplement).
---------------------------------------------------------------------------
In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that imports of metal lockers
from China are being, or are likely to be, sold in the United States at
less than fair value (LTFV) within the meaning of section 731 of the
Act, and that imports of such products are materially injuring, or
threatening material injury to, the domestic metal locker industry in
the United States.
[[Page 47344]]
Consistent with section 732(b)(1) of the Act, the Petition is
accompanied by information reasonably available to the petitioners
supporting the 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 for the
initiation of the requested AD investigation.\7\
---------------------------------------------------------------------------
\7\ See the Petition at Volume I, section I.C., ``Information
Related to Industry Support.''
---------------------------------------------------------------------------
Period of Investigation
Because China is a non-market economy (NME) country, pursuant to 19
CFR 351.204(b)(1), the period of investigation (POI) is January 1, 2020
through June 30, 2020.
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 the 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, all such
factual information should be limited to public information.\9\ To
facilitate preparation of its questionnaires, Commerce requests that
all interested parties submit such 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
ten calendar days from the initial comment deadline.\10\
---------------------------------------------------------------------------
\8\ See Antidumping Duties; Countervailing Duties, Final Rule,
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).
---------------------------------------------------------------------------
Commerce requests that any factual information the parties consider
relevant to the scope of the investigation be submitted during this
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 submissions must also be
filed on the record of the concurrent CVD investigation.
Filing Requirements
All submissions to Commerce must be filed electronically using
Enforcement and Compliance's 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.
---------------------------------------------------------------------------
\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 help 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%20on%20Electronic%20Filling%20Procedures.pdf.
---------------------------------------------------------------------------
Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of metal lockers to be
reported in response to Commerce's AD questionnaires. This information
will be used to identify the key physical characteristics of the
subject merchandise in order to report the relevant factors of
production (FOPs) accurately, as well as to develop appropriate
product-comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, all product
characteristics comments must be filed by 5:00 p.m. ET on August 18,
2020, which is 20 calendar days from the signature date of this notice.
Any rebuttal comments must be filed by 5:00 p.m. ET on August 28, 2020.
All comments and submissions to Commerce must be filed electronically
using ACCESS.
Determination of Industry Support for the Petition
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(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 732(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,\12\ 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.\13\
---------------------------------------------------------------------------
\12\ See section 771(10) of the Act.
\13\ 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 (Federal Circuit
1989)).
---------------------------------------------------------------------------
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.\14\ Based on our analysis of
[[Page 47345]]
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.\15\
---------------------------------------------------------------------------
\14\ See Volume I of the Petition at 17-19; see also First
General Issues Supplement at 6-9; and Second General Issues
Supplement at 2-5.
\15\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Antidumping Duty Investigation Initiation Checklist: Certain Metal
Lockers and Parts Thereof from the People's Republic of China (China
AD Initiation Checklist) at Attachment II, ``Analysis of Industry
Support for the Antidumping and Countervailing Duty Petitions
Covering Certain Metal Lockers and Parts Thereof from China''
(Attachment II), dated concurrently with this notice and on file
electronically via ACCESS.
---------------------------------------------------------------------------
In determining whether the petitioners have standing under section
732(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 domestic like product, as well as the 2019
production of DeBourgh Manufacturing, a supporter of the Petition.\16\
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.\17\ We relied on data provided by the
petitioners for purposes of measuring industry support.\18\
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\16\ See Volume I of the Petition at 3, 5 and Exhibit GEN-2; see
also Second General Issues Supplement at 5-6 and Exhibit GEN-SUPP2-
2.
\17\ 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.
\18\ 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 AD Initiation
Checklist at Attachment II.
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Our review of the data provided in the Petition, the First General
Issues Supplement, the Second General Issues Supplement, and other
information readily available to Commerce indicates that the
petitioners have established industry support for the Petition.\19\
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).\20\ Second, the domestic producers (or workers) have met the
statutory criteria for industry support under section 732(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.\21\ Finally, the domestic producers (or workers)
have met the statutory criteria for industry support under section
732(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.\22\
Accordingly, Commerce determines that the Petition was filed on behalf
of the domestic industry within the meaning of section 732(b)(1) of the
Act.\23\
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\19\ See China AD Initiation Checklist at Attachment II.
\20\ Id.; see also section 732(c)(4)(D) of the Act.
\21\ See China AD Initiation Checklist at Attachment II.
\22\ Id.
\23\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioners allege that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioners allege that
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\24\
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\24\ 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.\25\ 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.\26\
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\25\ See Volume I of the Petition 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.
\26\ See China AD 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 (Attachment III).
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate the AD investigation
of imports of metal lockers from China. The sources of data for the
deductions and adjustments relating to U.S. price and normal value (NV)
are discussed in greater detail in the China AD Investigation
Initiation Checklist.
U.S. Price
The petitioners based export price (EP) on pricing information for
metal lockers produced in and exported from China and sold or offered
for sale in the United States. The petitioners made certain adjustments
to U.S. price to calculate a net ex-factory U.S. price.\27\
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\27\ See China AD Initiation Checklist.
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Normal Value
Commerce considers China to be an NME country.\28\ In accordance
with section 771(18)(C)(i) of the Act, any determination that a foreign
country is an NME country shall remain in effect until revoked by
Commerce. Therefore, we continue to treat China as an NME country for
purposes of the initiation of this investigation. Accordingly, NVs in
China are appropriately based on FOPs valued in surrogate market
economy countries, in accordance with section 773(c) of the Act.
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\28\ See, e.g., Certain Collated Steel Staples From the People's
Republic of China: Preliminary Affirmative Determination of Sales at
Less Than Fair Value, Preliminary Affirmative Determination of
Critical Circumstances, Postponement of Final Determination and
Extension of Provisional Measures, 85 FR 882 (January 8, 2020), and
accompanying Preliminary Decision Memorandum, unchanged in Certain
Collated Steel Staples from the People's Republic of China: Final
Affirmative Determination of Sales at Less Than Fair Value and Final
Affirmative Critical Circumstances Determination, 85 FR 33623 (June
2, 2020), and accompanying Issues and Decision Memorandum.
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The petitioners argue that Mexico is an appropriate surrogate
country for China because Mexico is a market economy country that is at
a level of economic development comparable to that of China and is a
significant producer of comparable merchandise.\29\ The petitioners
submitted publicly available information from Mexico to value all
FOPs.\30\ Based on the information provided by the petitioners, we
determine that it is appropriate to use Mexico as a surrogate country
for China for initiation purposes.
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\29\ See Volume II of the Petition at 4-6 and Exhibit AD-3,
``Costs in the Surrogate Country.''
\30\ Id. at Exhibit AD-3.
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Interested parties will have the opportunity to submit comments
regarding the surrogate country selection and, pursuant to 19 CFR
[[Page 47346]]
351.301(c)(3)(i), will be provided an opportunity to submit publicly
available information to value FOPs within 30 days before the scheduled
date of the preliminary determination.
Factors of Production
The petitioners used their own product-specific consumption rates
as a surrogate to value Chinese manufacturers' FOPs.\31\ Additionally,
the petitioners calculated factory overhead; selling, general and
administrative expenses; and profit based on the experience of a
Mexican producer of comparable merchandise.\32\
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\31\ See China AD Supplement at Exhibit AD-S2, ``U.S.
Consumption Quantities.''
\32\ See China AD Supplement at Exhibit AD-S4, ``Normal Value.''
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Fair Value Comparisons
Based on the data provided by the petitioners, there is reason to
believe that imports of metal lockers from China are being, or are
likely to be, sold in the United States at LTFV. Based on comparisons
of EP to NV in accordance with sections 772 and 773 of the Act, the
estimated dumping margins for metal lockers from China are 245.96 and
322.25 percent.\33\
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\33\ See China AD Supplement at Exhibit AD-S5, ``Margins of
Dumping.''
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Initiation of LTFV Investigation
We find that the Petition and petition supplements meet the
requirements of section 732 of the Act. Therefore, we are initiating an
AD investigation to determine whether imports of metal lockers from
China are being, or are likely to be, sold in the United States at
LTFV. In accordance with section 733(b)(1)(A) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determination no later than 140 days after the date of this initiation.
Respondent Selection
The Petition named 76 companies in China as producers/exporters of
metal lockers.\34\ In accordance with our standard practice for
respondent selection in AD investigations involving NME countries,
Commerce selects respondents based on quantity and value (Q&V)
questionnaires in cases where it has determined that the number of
companies is large and it cannot individually examine each company
based upon its resources. Therefore, considering the number of
producers and exporters identified in the Petition, Commerce will
solicit Q&V information that can serve as a basis for selecting
exporters for individual examination in the event that Commerce decides
to limit the number of respondents individually examined pursuant to
section 777A(c)(2) of the Act. Since there are 76 producers and
exporters for China 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 U.S. Customs and Border Protection
(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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\34\ See Volume I of the Petition at 27 and Exhibit GEN-6,
``List of Chinese Producers/Exporters.''
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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 may still
submit a response to the Q&V questionnaire and can obtain a copy of the
Q&V questionnaire from Enforcement and Compliance's website. In
accordance with the standard practice for respondent selection in AD
cases involving NME countries, in the event Commerce decides to limit
the number of respondents individually investigated, Commerce intends
to base respondent selection on the responses to the Q&V questionnaire
that it receives.
Responses to the Q&V questionnaire 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 questionnaire 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.
On July 27, 2020, 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.\35\ We further stated that we will not accept
rebuttal comments.
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\35\ See Memorandum, ``Certain Metal Lockers and Parts Thereof
from the People's Republic of China: Release of Customs Data from
U.S. Customs and Border Protection,'' dated July 27, 2020.
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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 Enforcement and Compliance'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 deadline noted
above. Commerce intends to finalize its decisions regarding respondent
selection within 20 days of publication of this notice.
Separate Rates
In order to obtain separate-rate status in an NME investigation,
exporters and producers must submit a separate-rate application.\36\
The specific requirements for submitting a separate-rate application in
a China investigation are outlined in detail in the application itself,
which is available on Commerce's website at https://enforcement.trade.gov/nme/nme-sep-rate.html. The separate-rate
application will be due 30 days after publication of this initiation
notice.\37\ Exporters and producers who submit a separate-rate
application and have been selected as mandatory respondents will be
eligible for consideration for separate-rate status only if they
respond to all parts of Commerce's AD questionnaire as mandatory
respondents. Commerce requires that companies from China submit a
response to both the Q&V questionnaire and the separate-rate
application by the respective deadlines in order to receive
consideration for separate-rate status. Companies not filing a timely
Q&V questionnaire response will not receive separate rate
consideration.
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\36\ See Policy Bulletin 05.1: ``Separate-Rates Practice and
Application of Combination Rates in Antidumping Investigation
involving NME Countries,'' (April 5, 2005), available at https://enforcement.trade.gov/policy/bull05-1.pdf (Policy Bulletin 05.1).
\37\ Although in past investigations this deadline was 60 days,
consistent with 19 CFR 351.301(a), which states that ``the Secretary
may request any person to submit factual information at any time
during a proceeding,'' this deadline is now 30 days.
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Use of Combination Rates
Commerce will calculate combination rates for certain respondents
that are eligible for a separate rate in an NME investigation. The
Separate Rates and Combination Rates Bulletin states:
{w{time} hile continuing the practice of assigning separate
rates only to exporters, all separate rates that the
{Commerce{time} will now
[[Page 47347]]
assign in its NME Investigation will be specific to those producers
that supplied the exporter during the period of investigation. Note,
however, that one rate is calculated for the exporter and all of the
producers which supplied subject merchandise to it during the period
of investigation. This practice applies both to mandatory
respondents receiving an individually calculated separate rate as
well as the pool of non-investigated firms receiving the weighted-
average of the individually calculated rates. This practice is
referred to as the application of ``combination rates'' because such
rates apply to specific combinations of exporters and one or more
producers. The cash-deposit rate assigned to an exporter will apply
only to merchandise both exported by the firm in question and
produced by a firm that supplied the exporter during the period of
investigation.\38\
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\38\ See Policy Bulletin 05.1 at 6 (emphasis added).
Distribution of Copies of the AD Petition
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the AD Petition has been
provided to the government of China via ACCESS. To the extent
practicable, we will attempt to provide a copy of the public version of
the AD Petition to each exporter named in the AD Petition, as provided
under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its initiation, as required by
section 732(d) of the Act.
Preliminary Determinations 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.\39\ A
negative ITC determination will result in the investigation being
terminated.\40\ Otherwise, this investigation will proceed according to
statutory and regulatory time limits.
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\39\ See section 733(a) of the Act.
\40\ 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 \41\ 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.\42\ 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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\41\ See 19 CFR 351.301(b).
\42\ 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. 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, we 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, we 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 factual information
in this investigation.
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\43\
Parties must use the certification formats provided in 19 CFR
351.303(g).\44\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\43\ See section 782(b) of the Act.
\44\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to
frequently asked questions regarding the Final Rule are 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.\45\
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\45\ 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 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: July 29, 2020.
Jeffrey I. Kessler,
Assistant Secretary for 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-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
[[Page 47348]]
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. 2020-17064 Filed 8-4-20; 8:45 am]
BILLING CODE 3510-DS-P
