Boltless Steel Shelving Units Prepackaged for Sale From the People's Republic of China: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order, 58-59 [2020-29106]

Download as PDF 58 Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Notices constitutes an unfinished chassis for purposes of this investigation. Subject merchandise also includes chassis, whether finished or unfinished, entered with or for further assembly with components such as, but not limited to: Hub and drum assemblies, brake assemblies (either drum or disc), axles, brake chambers, suspensions and suspension components, wheel end components, landing gear legs, spoke or disc wheels, tires, brake control systems, electrical harnesses and lighting systems. Processing of finished and unfinished chassis and components such as trimming, cutting, grinding, notching, punching, drilling, painting, coating, staining, finishing, assembly, or any other processing either in the country of manufacture of the in-scope product or in a third country does not remove the product from the scope. Inclusion of other components not identified as comprising the finished or unfinished chassis does not remove the product from the scope. This scope excludes dry van trailers, refrigerated van trailers and flatbed trailers. Dry van trailers are trailers with a wholly enclosed cargo space comprised of fixed sides, nose, floor and roof, with articulated panels (doors) across the rear and occasionally at selected places on the sides, with the cargo space being permanently incorporated in the trailer itself. Refrigerated van trailers are trailers with a wholly enclosed cargo space comprised of fixed sides, nose, floor and roof, with articulated panels (doors) across the rear and occasionally at selected places on the sides, with the cargo space being permanently incorporated in the trailer and being insulated, possessing specific thermal properties intended for use with selfcontained refrigeration systems. Flatbed (or platform) trailers consist of load-carrying main frames and a solid, flat or stepped loading deck or floor permanently incorporated with and supported by frame rails and cross members. The finished and unfinished chassis subject to this investigation are typically classified in the Harmonized Tariff Schedule of the United States (HTSUS) at subheadings: 8716.39.0090 and 8716.90.5060. Imports of finished and unfinished chassis may also enter under HTSUS subheading 8716.90.5010. While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise under investigation is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope Comments IV. Scope of the Investigation V. Subsidies Valuation VI. New Subsidy Allegations VII. Use of Facts Otherwise Available and Adverse Inferences VIII. Benchmarks and Discount Rates IX. Analysis of Programs X. Recommendation [FR Doc. 2020–29101 Filed 12–31–20; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 17:28 Dec 31, 2020 Jkt 253001 DEPARTMENT OF COMMERCE International Trade Administration [C–570–019] Boltless Steel Shelving Units Prepackaged for Sale From the People’s Republic of China: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) finds that revocation of the countervailing duty (CVD) order on boltless steel shelving units prepackaged for sale (boltless steel shelving) from the People’s Republic of China (China) would be likely to lead to continuation or recurrence of countervailable subsidies at the levels indicated in the ‘‘Final Results of Sunset Review’’ section of this notice. DATES: Applicable January 4, 2021. FOR FURTHER INFORMATION CONTACT: Nathan James, AD/CVD, Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5305. SUPPLEMENTARY INFORMATION: AGENCY: Background On October 21, 2015, Commerce published in the Federal Register the CVD order on boltless steel shelves from China.1 On September 1, 2020, Commerce published the notice of initiation of the first sunset review of the Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 On September 14, 2020, Commerce received a notice of intent to participate from Edsal Manufacturing Company, Inc. (the domestic interested party), within the deadline specified in 19 CFR 351.218(d)(1)(i).3 The domestic interested party claimed interested party status under section 771(9)(C) of the Act, as a producer of the domestic like product in the United States. On September 30, 2020, Commerce received a timely and adequate 1 See Boltless Steel Shelving Units Prepackaged for Sale from the People’s Republic of China: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 80 FR 63745 (October 21, 2015) (Order). 2 See Initiation of Five-Year (Sunset) Reviews, 85 FR 54348 (September 1, 2020). 3 See Domestic Interested Party’s Letter, ‘‘FiveYear (‘Sunset‘) Review of Countervailing Duty Order on Boltless Shelving Units Prepackaged for Sale from the People’s Republic of China— Petitioner’s Notice of Intent to Participate,’’ dated September 14, 2020. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 substantive response from the domestic interested party.4 We received no substantive responses from any other interested parties, including the Government of China, nor was a hearing requested. On October 27, 2020, Commerce notified the U.S. International Trade Commission that it did not receive an adequate substantive response from respondent interested parties.5 As a result, pursuant to 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) sunset review of the Order. Scope of the Order The product covered by the Order is boltless steel shelving. For a full description of the scope, see the Issues and Decision Memorandum.6 Analysis of Comments Received All issues raised in this sunset review are addressed in the accompanying Issues and Decision Memorandum, which is hereby adopted by this notice. The issues discussed in the Issues and Decision Memorandum are the likelihood of continuation or recurrence of a countervailable subsidy, the net countervailable subsidy rate likely to prevail if the Order were revoked, and the nature of the subsidy programs. A complete list of the issues discussed in the Issues and Decision Memorandum can be found in the appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://enforcement.trade.gov/ frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Final Results of Sunset Review Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce determines 4 See Domestic Interested Party’s Letter, ‘‘FiveYear (Sunset) Review of the Countervailing Duty Order on Boltless Steel Shelving Units Prepackaged for Sale from the People’s Republic of China— Petitioner’s Substantive Response to Notice of Initiation,’’ dated September 30, 2020. 5 See Commerce’s Letter, ‘‘Sunset Reviews Initiated on September 1, 2020,’’ dated October 27, 2020. 6 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Expedited First Five-Year Sunset Review of the Countervailing Duty Order on Boltless Steel Shelving Units Prepackaged for Sale from the People’s Republic of China,’’ dated concurrently with this notice (Issues and Decision Memorandum). E:\FR\FM\04JAN1.SGM 04JAN1 Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Notices that revocation of the Order would likely lead to the continuation or recurrence of countervailable subsidies at the rates listed below: Subsidy rate (percent) Producer/exporter Ningbo ETDZ Huixing Trade Co., Ltd ................................................................................................................................................. Nanjing Topsun Racking Manufacturing Co., Ltd ............................................................................................................................... Dalian Huameilong Metal Products Co., Ltd ....................................................................................................................................... Dongguan Yuan Er Sheng Machinery Source Hardware Co., Ltd ..................................................................................................... Dong Rong Metal Products Co., Ltd ................................................................................................................................................... Global Storage Equipment Manufacturer Limited ............................................................................................................................... Intradin (Shanghai) Import & Export Co., Ltd ...................................................................................................................................... Jinhua Development District Hongfa Tool, Ltd .................................................................................................................................... Kunshan Jisheng Metal & Plastic Co., Ltd .......................................................................................................................................... Nanjing Huade Warehousing Equipment Manufacturing Co. Ltd ....................................................................................................... Nanjing Whitney Metal Products Co., Ltd ........................................................................................................................................... Nanjing Yodoly Logistics Equipments Manufacturing Co., Ltd ........................................................................................................... Ningbo Decko Metal Products Trade Co., Ltd .................................................................................................................................... Ningbo Haifa Metal Works Co., Ltd ..................................................................................................................................................... Ningbo HaiFa Office Equipment Co., Ltd ............................................................................................................................................ Ningbo TLT Metal Products Co., Ltd ................................................................................................................................................... All Others ............................................................................................................................................................................................. Administrative Protective Order DEPARTMENT OF COMMERCE This notice also serves as the only reminder to parties subject to an Administrative Protective Order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. International Trade Administration Notification to Interested Parties We are issuing and publishing these final results in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act and 19 CFR 351.218. Dated: December 28, 2020. Jeffrey I. Kessler, Assistant Secretary, for Enforcement and Compliance. [A–570–018] Boltless Steel Shelving Units Prepackaged for Sale From the People’s Republic of China: Final Results of the Expedited Sunset Review of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of this expedited sunset review, the Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) order on boltless steel shelving units prepackaged for sale (boltless steel shelving) from the People’s Republic of China (China) would be likely to lead to continuation or recurrence of dumping at the levels indicated in the ‘‘Final Results of Review’’ section of this notice. AGENCY: DATES: Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. History of the Order V. Legal Framework VI. Discussion of the Issues VII. Final Results of Sunset Review VIII. Recommendation [FR Doc. 2020–29106 Filed 12–31–20; 8:45 am] BILLING CODE 3510–DS–P Applicable January 4, 2021. FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2593. SUPPLEMENTARY INFORMATION: Background On October 21, 2015, Commerce issued the AD order on boltless steel shelving from China.1 On September 1, 1 See Boltless Steel Shelving Units Prepackaged for Sale from the People’s Republic of China: Antidumping Duty Order, 80 FR 63741 (October 21, 2015) (Order). VerDate Sep<11>2014 17:28 Dec 31, 2020 Jkt 253001 59 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 12.40 15.05 80.39 80.39 80.39 80.39 80.39 80.39 80.39 80.39 80.39 80.39 80.39 80.39 80.39 80.39 13.73 2020, Commerce published the Notice of Initiation of the first sunset review of the antidumping duty order on boltless steel shelving from China pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 On September 14, 2020, Commerce received a notice of intent to participate from Edsal Manufacturing Company Inc. (the petitioner), a domestic producer of boltless steel shelving and the petitioner in the underlying investigation, within the deadline specified in 19 CFR 351.218(d)(1)(i).3 The petitioner claimed domestic interested party status under section 771(9)(C) of the Act, as a manufacturer of a domestic like product in the United States.4 On September 30, 2020, the petitioner filed its timely substantive response within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).5 Commerce received no substantive responses from any other interested parties with respect to the Order covered by this sunset review, nor was a hearing requested. Commerce received no comments on the adequacy of responses in this sunset review. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce is conducting an expedited (120-day) sunset review of the Order. Scope of the Order The scope of the Order covers boltless steel shelving units prepackaged for 2 See Initiation of Five-Year (Sunset) Reviews, 85 FR 54348 (September 1, 2020) (Notice of Initiation). 3 See Petitioner’s Letter, ‘‘Petitioner’s Notice of Intent to Participate,’’ dated September 14, 2020 at 2. 4 See Petitioner’s Letter, ‘‘Petitioner’s Substantive Response to Notice of Initiation,’’ dated September 30, 2020. 5 Id. E:\FR\FM\04JAN1.SGM 04JAN1

Agencies

[Federal Register Volume 86, Number 1 (Monday, January 4, 2021)]
[Notices]
[Pages 58-59]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-29106]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-019]


Boltless Steel Shelving Units Prepackaged for Sale From the 
People's Republic of China: Final Results of the Expedited First Sunset 
Review of the Countervailing Duty Order

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

SUMMARY: The Department of Commerce (Commerce) finds that revocation of 
the countervailing duty (CVD) order on boltless steel shelving units 
prepackaged for sale (boltless steel shelving) from the People's 
Republic of China (China) would be likely to lead to continuation or 
recurrence of countervailable subsidies at the levels indicated in the 
``Final Results of Sunset Review'' section of this notice.

DATES: Applicable January 4, 2021.

FOR FURTHER INFORMATION CONTACT: Nathan James, AD/CVD, Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-5305.

SUPPLEMENTARY INFORMATION:

Background

    On October 21, 2015, Commerce published in the Federal Register the 
CVD order on boltless steel shelves from China.\1\ On September 1, 
2020, Commerce published the notice of initiation of the first sunset 
review of the Order, pursuant to section 751(c) of the Tariff Act of 
1930, as amended (the Act).\2\ On September 14, 2020, Commerce received 
a notice of intent to participate from Edsal Manufacturing Company, 
Inc. (the domestic interested party), within the deadline specified in 
19 CFR 351.218(d)(1)(i).\3\ The domestic interested party claimed 
interested party status under section 771(9)(C) of the Act, as a 
producer of the domestic like product in the United States.
---------------------------------------------------------------------------

    \1\ See Boltless Steel Shelving Units Prepackaged for Sale from 
the People's Republic of China: Amended Final Affirmative 
Countervailing Duty Determination and Countervailing Duty Order, 80 
FR 63745 (October 21, 2015) (Order).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 85 FR 54348 
(September 1, 2020).
    \3\ See Domestic Interested Party's Letter, ``Five-Year 
(`Sunset`) Review of Countervailing Duty Order on Boltless Shelving 
Units Prepackaged for Sale from the People's Republic of China--
Petitioner's Notice of Intent to Participate,'' dated September 14, 
2020.
---------------------------------------------------------------------------

    On September 30, 2020, Commerce received a timely and adequate 
substantive response from the domestic interested party.\4\ We received 
no substantive responses from any other interested parties, including 
the Government of China, nor was a hearing requested. On October 27, 
2020, Commerce notified the U.S. International Trade Commission that it 
did not receive an adequate substantive response from respondent 
interested parties.\5\ As a result, pursuant to 751(c)(3)(B) of the Act 
and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited 
(120-day) sunset review of the Order.
---------------------------------------------------------------------------

    \4\ See Domestic Interested Party's Letter, ``Five-Year (Sunset) 
Review of the Countervailing Duty Order on Boltless Steel Shelving 
Units Prepackaged for Sale from the People's Republic of China--
Petitioner's Substantive Response to Notice of Initiation,'' dated 
September 30, 2020.
    \5\ See Commerce's Letter, ``Sunset Reviews Initiated on 
September 1, 2020,'' dated October 27, 2020.
---------------------------------------------------------------------------

Scope of the Order

    The product covered by the Order is boltless steel shelving. For a 
full description of the scope, see the Issues and Decision 
Memorandum.\6\
---------------------------------------------------------------------------

    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Expedited First Five-Year Sunset Review of the 
Countervailing Duty Order on Boltless Steel Shelving Units 
Prepackaged for Sale from the People's Republic of China,'' dated 
concurrently with this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in this sunset review are addressed in the 
accompanying Issues and Decision Memorandum, which is hereby adopted by 
this notice. The issues discussed in the Issues and Decision Memorandum 
are the likelihood of continuation or recurrence of a countervailable 
subsidy, the net countervailable subsidy rate likely to prevail if the 
Order were revoked, and the nature of the subsidy programs. A complete 
list of the issues discussed in the Issues and Decision Memorandum can 
be found in the appendix to this notice. The Issues and Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at https://enforcement.trade.gov/frn/. The signed and electronic 
versions of the Issues and Decision Memorandum are identical in 
content.

Final Results of Sunset Review

    Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce 
determines

[[Page 59]]

that revocation of the Order would likely lead to the continuation or 
recurrence of countervailable subsidies at the rates listed below:

------------------------------------------------------------------------
                                                           Subsidy rate
                    Producer/exporter                        (percent)
------------------------------------------------------------------------
Ningbo ETDZ Huixing Trade Co., Ltd......................           12.40
Nanjing Topsun Racking Manufacturing Co., Ltd...........           15.05
Dalian Huameilong Metal Products Co., Ltd...............           80.39
Dongguan Yuan Er Sheng Machinery Source Hardware Co.,              80.39
 Ltd....................................................
Dong Rong Metal Products Co., Ltd.......................           80.39
Global Storage Equipment Manufacturer Limited...........           80.39
Intradin (Shanghai) Import & Export Co., Ltd............           80.39
Jinhua Development District Hongfa Tool, Ltd............           80.39
Kunshan Jisheng Metal & Plastic Co., Ltd................           80.39
Nanjing Huade Warehousing Equipment Manufacturing Co.              80.39
 Ltd....................................................
Nanjing Whitney Metal Products Co., Ltd.................           80.39
Nanjing Yodoly Logistics Equipments Manufacturing Co.,             80.39
 Ltd....................................................
Ningbo Decko Metal Products Trade Co., Ltd..............           80.39
Ningbo Haifa Metal Works Co., Ltd.......................           80.39
Ningbo HaiFa Office Equipment Co., Ltd..................           80.39
Ningbo TLT Metal Products Co., Ltd......................           80.39
All Others..............................................           13.73
------------------------------------------------------------------------

Administrative Protective Order

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

Notification to Interested Parties

    We are issuing and publishing these final results in accordance 
with sections 751(c), 752(b), and 777(i)(1) of the Act and 19 CFR 
351.218.

    Dated: December 28, 2020.
Jeffrey I. Kessler,
Assistant Secretary, for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
VII. Final Results of Sunset Review
VIII. Recommendation

[FR Doc. 2020-29106 Filed 12-31-20; 8:45 am]
BILLING CODE 3510-DS-P

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