Certain Metal Lockers and Parts Thereof From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination and Extension of Provisional Measures, 9051-9055 [2021-02824]

Download as PDF Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Notices DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–60–2020] Foreign-Trade Zone (FTZ) 90— Syracuse, New York, Authorization of Limited Production Activity, PPC Broadband, Inc. (Fiber Optic Cables); Dewitt, New York On October 8, 2020, PPC Broadband, Inc., (PPC Broadband) submitted a notification of proposed production activity to the FTZ Board for its facility within FTZ 90, in Dewitt, New York. The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the Federal Register inviting public comment (85 FR 65790–65791, October 16, 2020). On February 5, 2021, the applicant was notified of the FTZ Board’s decision that further review of part of the proposed activity is warranted. The FTZ Board authorized the production activity described in the notification on a limited basis, subject to the FTZ Act and the Board’s regulations, including Section 400.14, and further subject to restrictions requiring that foreign-status tight buffered fiber be admitted to the zone in privileged foreign status (19 CFR 146.41) and that aramid yarn, swellcoat blockers or equivalent be admitted to the zone in domestic/duty paid status (19 CFR 146.43). Dated: February 5, 2021. Andrew McGilvray, Executive Secretary. establishing foreign-trade zones in or adjacent to U.S. Customs and Border Protection ports of entry; Whereas, the Board’s regulations (15 CFR part 400) provide for the establishment of subzones for specific uses; Whereas, the Foreign-Trade Zone of Southeast Texas, Inc., grantee of Foreign-Trade Zone 116, has made application to the Board for the establishment of a subzone at the facilities of Port Arthur LNG, LLC, located in Port Arthur and Jefferson County, Texas (FTZ Docket B–66–2020, docketed November 2, 2020); Whereas, notice inviting public comment has been given in the Federal Register (85 FR 71048–71049, November 6, 2020) and the application has been processed pursuant to the FTZ Act and the Board’s regulations; and, Whereas, the Board adopts the findings and recommendations of the examiner’s memorandum, and finds that the requirements of the FTZ Act and the Board’s regulations are satisfied; Now, therefore, the Board hereby approves subzone status at the facilities of Port Arthur LNG, LLC, located in Port Arthur and Jefferson County, Texas (Subzone 116F), as described in the application and Federal Register notice, subject to the FTZ Act and the Board’s regulations, including Section 400.13. Dated: February 5, 2021. Christian B. Marsh, Acting Assistant Secretary for Enforcement and Compliance, Alternate Chairman, Foreign-Trade Zones Board. [FR Doc. 2021–02820 Filed 2–10–21; 8:45 am] [FR Doc. 2021–02822 Filed 2–10–21; 8:45 am] BILLING CODE 3510–DS–P BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE International Trade Administration Foreign-Trade Zones Board [A–570–133] [Order No. 2110] Approval of Subzone Status, Port Arthur LNG, LLC, Port Arthur and Jefferson County, Texas khammond on DSKJM1Z7X2PROD with NOTICES Pursuant to its authority under the ForeignTrade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a-81u), the ForeignTrade Zones Board (the Board) adopts the following Order: Whereas, the Foreign-Trade Zones (FTZ) Act provides for ‘‘. . . the establishment . . . of foreign-trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes,’’ and authorizes the ForeignTrade Zones Board to grant to qualified corporations the privilege of VerDate Sep<11>2014 16:39 Feb 10, 2021 Jkt 253001 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that certain metal lockers and parts thereof (metal lockers) from the People’s Republic of China (China) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is January 1, AGENCY: Frm 00008 2020, through June 30, 2020. Interested parties are invited to comment on this preliminary determination. DATES: Applicable February 11, 2021. FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Patrick Barton, AD/ CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4243 or (202) 482–0012, respectively. SUPPLEMENTARY INFORMATION: Background This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on August 5, 2020.1 On December 1, 2020, Commerce postponed the preliminary determination of this investigation, and the revised deadline is now February 4, 2021.2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics included in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary 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 Preliminary Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content. Scope of the Investigation Certain Metal Lockers and Parts Thereof From the People’s Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination and Extension of Provisional Measures PO 00000 9051 Fmt 4703 Sfmt 4703 The products covered by this investigation are metal lockers from China. For a complete description of the scope of this investigation, see Appendix I. 1 See Certain Metal Lockers and Parts Thereof from the People’s Republic of China: Initiation of Less-Than-Fair-Value Investigation, 85 FR 47343 (August 5, 2020) (Initiation Notice). 2 See Certain Metal Lockers and Parts Thereof from the People’s Republic of China: Postponement of Preliminary Determination in the Less-Than-FairValue Investigation, 85 FR 77157 (December 1, 2020). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Less-ThanFair-Value Investigation of Certain Metal Lockers and Parts Thereof from the People’s Republic of China,’’ dated concurrently with this notice (Preliminary Decision Memorandum). E:\FR\FM\11FEN1.SGM 11FEN1 9052 Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Notices Scope Comments In accordance with the preamble to Commerce’s regulations,4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (scope).5 Certain interested parties provided comments on the scope of the investigation, as it appeared in the Initiation Notice. For a summary of all scope related comments submitted to the record for this investigation and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum.6 Commerce is preliminarily modifying the scope language as it appeared in the Initiation Notice. See the revised scope in Appendix I to this notice. Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated export prices in accordance with section 772(a) of the Act. Because China is a non-market economy, within the meaning of section 771(18) of the Act, Commerce has calculated normal value in accordance with section 773(c) of the Act. In addition, pursuant to section 776(a) and (b) of the Act, Commerce preliminarily has relied upon facts otherwise available, with adverse inferences, for the China-wide entity. For a full description of the khammond on DSKJM1Z7X2PROD with NOTICES Suspension of Liquidation In accordance with section 733(d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of subject merchandise as described in the scope of the investigation section entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice, 85 FR at 47344. 6 See Memorandum, ‘‘Antidumping Duty and Countervailing Duty Investigations of Certain Metal Lockers and Parts Thereof from the People’s VerDate Sep<11>2014 16:39 Feb 10, 2021 Jkt 253001 Preliminary Determination Commerce preliminarily determines that the following estimated weightedaverage dumping margins exist: Hangzhou Jusheng Metal Products Co., Ltd ......... 46.58 36.04 Zhejiang Xingyi Metal Products Co., Ltd./Xingyi Metalworking Technology (Zhejiang) Co., Ltd. Zhongshan Geelong Manufacturing Co. Ltd .......... 23.09 12.55 26.87 16.33 Zhejiang Yinghong Metalworks Co., Ltd ................ 26.87 16.33 Shanghai Asi Building Materials Co., Ltd .............. Luoyang Mingxiu Office Furniture Co., Ltd ............ Luoyang Wandefu Import and Export Trading Co. Ltd. Zhejiang Xingyi Metal Products Co., Ltd ............... Zhejiang Steelrix Office Furniture Co., Ltd ............ 26.87 26.87 26.87 16.33 16.33 16.33 26.87 26.87 16.33 16.33 Kunshan Dongchu Precision Machinery Co., Ltd .. Luoyang Jiudu Golden Cabinet Co., Ltd ............... Luoyang Yuabo Office Machinery Co., Ltd. ........... Luoyang Yongwei Office Furniture Co., Ltd .......... Luoyang Zhuofan Steel Product Factory ............... Luoyang Flyer Office Furniture Co., Ltd ................ Pinghu Chenda Storage Office Co., Ltd. (Pinghu Chenda). Tianjin Jia Mei Metal Furniture Ltd. (Tianjin Jia Mei). ................................................................................. 26.87 26.87 26.87 26.87 26.87 26.87 26.87 16.33 16.33 16.33 16.33 16.33 16.33 16.33 26.87 16.33 322.25 311.71 Hangzhou Xline Machinery & Equipment Co., Ltd. (Hangzhou Xline). Zhejiang Xingyi Metal Products Co., Ltd./Xingyi Metalworking Technology (Zhejiang) Co., Ltd. Geelong Sales (Macao Commercial Offshore) Limited (a.k.a. Geelong Sales (MCO) Limited, Geelong Sales (Macao Commercial) Limited, and Geelong Sales (MC) Limited). Hangzhou Evernew Machinery & Equipment Company Limited. Hangzhou Zhuoxu Trading Co., Ltd ....................... Hangzhou Zhuoxu Trading Co., Ltd ....................... Hangzhou Zhuoxu Trading Co., Ltd ....................... China-wide Entity .................................................... In the Initiation Notice,7 Commerce stated that it would calculate producer/ exporter combination rates for the respondents that are eligible for a separate rate in this investigation. Policy Bulletin 05.1 describes this practice.8 In this investigation, we calculated producer/exporter combination rates for respondents eligible for separate rates. Cash deposit rate (adjusted for subsidy offsets) (percent) Producer Tianjin Jia Mei Metal Furniture Ltd ......................... Combination Rates Estimated weighted-average dumping margin (percent) Exporter Hangzhou Zhuoxu Trading Co., Ltd ....................... Jiaxing Haihong Mechanical and Electrical Technology Co. Ltd. Kunshan Dongchu Precision Machinery Co., Ltd ... Luoyang Hynow Import and Export Co., Ltd .......... Luoyang Shidiu Import and Export Co., Ltd ........... Luoyang Steelart Office Furniture Co., Ltd ............ Luoyang Steelart Office Furniture Co., Ltd ............ Luoyang Steelart Office Furniture Co., Ltd ............ Pinghu Chenda Storage Office Co., Ltd ................. methodology underlying Commerce’s preliminary determination, see the Preliminary Decision Memorandum. Register, as discussed below. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the weighted average amount by which normal value exceeds U.S. price, as indicated in the chart above as follows: (1) For the producer/ exporter combinations listed in the table above, the cash deposit rate is equal to the estimated weighted-average dumping margin listed for that combination in the table; (2) for all combinations of Chinese producers/ exporters of subject merchandise that have not established eligibility for their own separate rates, the cash deposit rate will be equal to the estimated weightedaverage dumping margin established for the China-wide entity; and (3) for all Republic of China: Preliminary Scope Decision Memorandum,’’ dated February 2, 2021 (Preliminary Scope Decision Memorandum). 7 See Initiation Notice, 85 FR at 47346–47347. 8 See Enforcement and Compliance’s Policy Bulletin No. 05.1, regarding, ‘‘Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries,’’ (April 5, 2005) (Policy Bulletin 05.1), available on Commerce’s website at https://enforcement.trade.gov/policy/bull05-1.pdf. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\11FEN1.SGM 11FEN1 Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Notices third-county exporters of subject merchandise not listed in the table above, the cash deposit rate is the cash deposit rate applicable to the Chinese producer/exporter combination (or the China-wide entity) that supplied that third-country exporter. To determine the cash deposit rate, Commerce normally adjusts the estimated weighted-average dumping margin by the amount of domestic subsidy pass-through and export subsidies determined in a companion CVD proceeding when CVD provisional measures are in effect. Accordingly, where Commerce has made a preliminary affirmative determination for domestic subsidy pass-through or export subsidies, Commerce has offset the calculated estimated weightedaverage dumping margin by the appropriate rate(s). Any such adjusted rates may be found in the chart of estimated weighted-average dumping margins in the ‘‘Preliminary Determination’’ section. Should provisional measures in the companion CVD investigation expire prior to the expiration of provisional measures in this LTFV investigation, Commerce will direct CBP to begin collecting cash deposits at a rate equal to the estimated weighted-average dumping margins calculated in this preliminary determination unadjusted for the passed-through domestic subsidies or for export subsidies at the time the CVD provisional measures expire. These suspension of liquidation instructions will remain in effect until further notice. khammond on DSKJM1Z7X2PROD with NOTICES Disclosure Commerce intends to disclose to interested parties the calculations performed in connection with this preliminary determination within five days of its public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination. Normally, Commerce verifies information using standard procedures, including an onsite examination of original accounting, financial, and sales documentation. However, due to current travel restrictions in response to the global COVID–19 pandemic, Commerce is unable to conduct on-site verification in this investigation. Accordingly, we intend to verify the information relied VerDate Sep<11>2014 16:39 Feb 10, 2021 Jkt 253001 upon in making the final determination through alternative means in lieu of an on-site verification. Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance. Commerce will notify interested parties of the timeline for the submission of case briefs and written comments at a later date. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline date for case briefs.9 Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.10 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party’s name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in 9 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements); Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 17006 (March 26, 2020), and Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020) (collectively, Temporary Rule). 10 See Temporary Rule. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 9053 the event of a negative preliminary determination, a request for such postponement is made by the petitioners. Pursuant to 19 CFR 351.210(e)(2), Commerce requires that requests by respondents for postponement of a final antidumping determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. On January 19, 2021, pursuant to 19 CFR 351.210(e), Zhejiang Xingyi requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed six months.11 On January 20, 2021, pursuant to 19 CFR 351.210(e), Hangzhou Xline requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed six months.12 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because (1) the preliminary determination is affirmative; (2) the requesting exporters account for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, Commerce is postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, Commerce’s final determination will publish no later than 135 days after the date of publication of this preliminary determination. International Trade Commission Notification In accordance with section 733(f) of the Act, Commerce will notify the International Trade Commission (ITC) of its preliminary determination of sales at LTFV. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether imports of the subject merchandise are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). 11 See Zhejiang Xingyi’s Letter, ‘‘Certain Metal Lockers and Parts Thereof from China, Case Nos. A– 570–133: Request to Postpone Final Determination,’’ dated January 19, 2021. 12 See Hangzhou Xline’s Letter, ‘‘Metal Lockers and Parts Thereof from the People’s Republic of China: Request to Postpone the Final Determination,’’ dated January 20, 2021. E:\FR\FM\11FEN1.SGM 11FEN1 9054 Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Notices Dated: February 4, 2021. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. khammond on DSKJM1Z7X2PROD with NOTICES Appendix I Scope of the Investigation The scope of the investigation covers certain metal lockers, with or without doors, and parts thereof (metal lockers). The subject metal lockers are secure 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 taken on the outside dimensions of the single-locker unit. The height is the vertical measurement from the bottom to the top of the unit. The width is the horizontal (side to side) measurement of the front of the unit, and the front of the unit is the face with the door or doors or the opening for internal access of the unit if configured without a door. The depth is the measurement from the front to the back of the unit. The subject certain metal lockers typically include the bodies (back, side, shelf, top and bottom panels), door frames with or without doors which can be integrated into the sides or made separately, and doors. The subject metal lockers typically are made of flat-rolled metal, metal mesh and/or expanded metal, which includes but is not limited to alloy or non-alloy steel (whether or not galvanized or otherwise metallically coated for corrosion resistance), stainless steel, or aluminum, but the doors may also include transparent polycarbonate, Plexiglas or similar transparent material or any combination thereof. Metal mesh refers to both wire mesh and expanded metal mesh. Wire mesh is a wire product in which the horizontal and transverse wires are welded at the cross-section in a grid pattern. Expanded metal mesh is made by slitting and stretching metal sheets to make a screen of diamond or other shaped openings. Where the product has doors, the doors are typically configured with or for a handle or other device or other means 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 (including cylinder locks) lever or knob lock, electronic key pad, or other electronic or wireless lock. The handle and locking mechanism, if included, need not be integrated into one another. The subject locker may or may not 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) VerDate Sep<11>2014 16:39 Feb 10, 2021 Jkt 253001 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 except the lock. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 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. The excluded exchange lockers include assembled exchange lockers and those that enter in ‘knock down’ form in which all of the parts and components to assemble a completed exchange locker unit are packaged together. Parts for exchange lockers that are imported separately from the exchange lockers in ‘knock down’ form are not excluded. 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 locks and 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 locks and bulk imported rivets, nuts, bolts, hinges, door handles, 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. Mobile tool chest attachments that meet the physical description above are covered by the scope of the investigation, unless such attachments are covered by the scope of the orders on certain tool chests and cabinets from China. If the orders on certain tool chests and cabinets from China are revoked, the mobile tool chest attachments from China will be covered by the scope of the investigation. The scope also excludes metal safes with each of the following characteristics: (1) Pry resistant, concealed hinges; (2) body walls and doors of steel that are at least 17 gauge (0.05625 inch or 1.42874 mm thick); and (3) an integrated locking mechanism that includes at least two round steel bolts 0.75 inch (19 mm) or larger in diameter; or three bolts 0.70 inch (17.78 mm) or more in E:\FR\FM\11FEN1.SGM 11FEN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Notices diameter; or four or more bolts at least 0.60 inch (15.24 mm) or more in diameter, that project from the door into the body or frame of the safe when in the locked position. The scope also excludes gun safes meeting each of the following requirements: (1) Shall be able to fully contain firearms and provide for their secure storage. (2) Shall have a locking system consisting of at minimum a mechanical or electronic combination lock. The mechanical or electronic combination lock utilized by the safe shall have at least 10,000 possible combinations consisting of a minimum three numbers, letters, or symbols. The lock shall be protected by a casehardened (Rc 60+) drill-resistant steel plate, or drill-resistant material of equivalent strength. (3) Boltwork shall consist of a minimum of three steel locking bolts of at least 1⁄2 inch thickness that intrude from the door of the safe into the body of the safe or from the body of the safe into the door of the safe, which are operated by a separate handle and secured by the lock. (4) The exterior walls shall be constructed of a minimum 12-gauge thick steel for a single-walled safe, or the sum of the steel walls shall add up to at least 0.100 inches for safes with walls made from two pieces of flatrolled steel. (5) Doors shall be constructed of a minimum one layer of 7-gauge steel plate reinforced construction or at least two layers of a minimum 12-gauge steel compound construction. (6) Door hinges shall be protected to prevent the removal of the door. Protective features include, but are not limited to: hinges not exposed to the outside, interlocking door designs, dead bars, jeweler’s lugs and active or inactive locking bolts. The scope also excludes metal storage devices that (1) have two or more exterior exposed drawers regardless of the height of the unit, or (2) are no more than 30 inches tall and have at least one exterior exposed drawer. Also excluded from the scope are free standing metal cabinets less than 30 inches tall with a single opening, single door and an installed tabletop. The scope also excludes metal storage devices less than 27 inches wide and deep that (1) have two doors hinged on the right and left side of the door frame respectively covering a single opening and that open from the middle toward the outer frame; or (2) are free standing or wall-mounted, singleopening units 20 inches or less high with a single door. 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. In addition, subject certain metal lockers may also enter under HTS subheading 9403.20.0050. While HTSUS subheadings are provided for convenience and Customs purposes, the written description of the scope of the investigation is dispositive. VerDate Sep<11>2014 16:39 Feb 10, 2021 Jkt 253001 Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Postponement of Final Determination and Extension of Provisional Measures V. Scope of Investigation VI. Scope Comments VII. Single Entity Analysis VIII. Discussion of the Methodology IX. Currency Conversion X. Adjustment for Countervailable Export Subsidies XI. Adjustment Under Section 777(A)(f) of the Act XII. Recommendation [FR Doc. 2021–02824 Filed 2–10–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–549–833] Citric Acid and Certain Citrate Salts From Thailand: Final Results of Antidumping Duty Administrative Review; 2018–2019 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) finds that sales of citric acid and certain citrate salts (citric acid) from Thailand were made by COFCO Biochemical (Thailand) Co., Ltd. (COFCO) and Niran (Thailand) Co., Ltd. (Niran) at less than normal value (NV) during the period of review (POR) January 8, 2018, through June 30, 2019. We also find that Sunshine Biotech International Co., Ltd. (Sunshine) did not sell citric acid at less than NV during the POR. DATES: Applicable February 11, 2021. FOR FURTHER INFORMATION CONTACT: Joy Zhang (COFCO), Katherine Sliney (Niran), or Jolanta Lawska (Sunshine), AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1168, (202) 482–2437, or (202) 482–8362, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Background On August 12, 2020, we published the Preliminary Results of this administrative review.1 We invited 1 See Citric Acid and Certain Citrate Salts from Thailand: Preliminary Results of Antidumping Duty PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 9055 interested parties to comment on the Preliminary Results. We received case briefs from COFCO and Niran.2 We received a rebuttal brief from Archer Daniels Midland Company, Cargill Incorporated, and Tate & Lyle Ingredients Americas LLC (collectively, the petitioners).3 On July 21, 2020, Commerce tolled all deadlines in administrative reviews by 60 days, thereby extending the deadline for these final results until January 19, 2021.4 On January 7, 2021, we extended the deadline for the final results of this review to February 16, 2021.5 A complete summary of the events that occurred since publication of the Preliminary Results may be found in the Issues and Decision Memorandum.6 Commerce conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). Scope of the Order The merchandise covered by this order includes all grades and granulation sizes of citric acid, sodium citrate, and potassium citrate in their unblended forms, whether dry or in solution, and regardless of packaging type. The scope also includes blends of citric acid, sodium citrate, and potassium citrate; as well as blends with other ingredients, such as sugar, where the unblended form(s) of citric acid, sodium citrate, and potassium citrate constitute 40 percent or more, by weight, of the blend. Citric acid and sodium citrate are classifiable under 2918.14.0000 and 2918.15.1000 of the Harmonized Tariff Schedule of the United States (HTSUS), respectively. Potassium citrate and crude calcium citrate are classifiable under 2918.15.5000 and, if included in a mixture or blend, 3824.99.9295 of the HTSUS. Blends that include citric acid, sodium citrate, and potassium citrate Administrative Review; 2018–2019, 85 FR 48672 (August 12, 2020) (Preliminary Results). 2 See COFCO’s Letter, ‘‘Citric Acid and Certain Citrate Salts from Thailand: Case Brief,’’ dated September 11, 2020; see also Niran’s Letter, ‘‘Citric Acid and Certain Citrate Salts from Thailand: Case Brief,’’ dated September 11, 2020. 3 See Petitioners’ Letter, ‘‘Citric Acid and Certain Citrate Salts from Thailand: Petitioners’ Rebuttal Brief,’’ dated September 18, 2020. 4 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews,’’ dated July 21, 2020. 5 See Memorandum, ‘‘Extension of Deadline for Final Results of Antidumping Duty Administrative Review—Citric Acid and Certain Citrate Salts from Thailand,’’ dated January 7, 2021. 6 See Memorandum, ‘‘Decision Memorandum for the Final Results of 2018–2019 Administrative Review of the Antidumping Duty Order on Citric Acid and Certain Citrate Salts from Thailand,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). E:\FR\FM\11FEN1.SGM 11FEN1

Agencies

[Federal Register Volume 86, Number 27 (Thursday, February 11, 2021)]
[Notices]
[Pages 9051-9055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02824]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-133]


Certain Metal Lockers and Parts Thereof From the People's 
Republic of China: Preliminary Affirmative Determination of Sales at 
Less Than Fair Value, Postponement of Final Determination and Extension 
of Provisional Measures

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that certain metal lockers and parts thereof (metal lockers) from the 
People's Republic of China (China) are being, or are likely to be, sold 
in the United States at less than fair value (LTFV). The period of 
investigation is January 1, 2020, through June 30, 2020. Interested 
parties are invited to comment on this preliminary determination.

DATES: Applicable February 11, 2021.

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Patrick Barton, AD/
CVD Operations, Office III, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-4243 or (202) 
482-0012, respectively.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on August 5, 
2020.\1\ On December 1, 2020, Commerce postponed the preliminary 
determination of this investigation, and the revised deadline is now 
February 4, 2021.\2\ For a complete description of the events that 
followed the initiation of this investigation, see the Preliminary 
Decision Memorandum.\3\ A list of topics included in the Preliminary 
Decision Memorandum is included as Appendix II to this notice. The 
Preliminary 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 Preliminary Decision Memorandum can 
be accessed directly at https://enforcement.trade.gov/frn/. The signed 
and the electronic versions of the Preliminary Decision Memorandum are 
identical in content.
---------------------------------------------------------------------------

    \1\ See Certain Metal Lockers and Parts Thereof from the 
People's Republic of China: Initiation of Less-Than-Fair-Value 
Investigation, 85 FR 47343 (August 5, 2020) (Initiation Notice).
    \2\ See Certain Metal Lockers and Parts Thereof from the 
People's Republic of China: Postponement of Preliminary 
Determination in the Less-Than-Fair-Value Investigation, 85 FR 77157 
(December 1, 2020).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of Certain 
Metal Lockers and Parts Thereof from the People's Republic of 
China,'' dated concurrently with this notice (Preliminary Decision 
Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The products covered by this investigation are metal lockers from 
China. For a complete description of the scope of this investigation, 
see Appendix I.

[[Page 9052]]

Scope Comments

    In accordance with the preamble to Commerce's regulations,\4\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (scope).\5\ Certain interested 
parties provided comments on the scope of the investigation, as it 
appeared in the Initiation Notice. For a summary of all scope related 
comments submitted to the record for this investigation and 
accompanying discussion and analysis of all comments timely received, 
see the Preliminary Scope Decision Memorandum.\6\ Commerce is 
preliminarily modifying the scope language as it appeared in the 
Initiation Notice. See the revised scope in Appendix I to this notice.
---------------------------------------------------------------------------

    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice, 85 FR at 47344.
    \6\ See Memorandum, ``Antidumping Duty and Countervailing Duty 
Investigations of Certain Metal Lockers and Parts Thereof from the 
People's Republic of China: Preliminary Scope Decision Memorandum,'' 
dated February 2, 2021 (Preliminary Scope Decision Memorandum).
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce has calculated export prices in 
accordance with section 772(a) of the Act. Because China is a non-
market economy, within the meaning of section 771(18) of the Act, 
Commerce has calculated normal value in accordance with section 773(c) 
of the Act. In addition, pursuant to section 776(a) and (b) of the Act, 
Commerce preliminarily has relied upon facts otherwise available, with 
adverse inferences, for the China-wide entity. For a full description 
of the methodology underlying Commerce's preliminary determination, see 
the Preliminary Decision Memorandum.

Combination Rates

    In the Initiation Notice,\7\ Commerce stated that it would 
calculate producer/exporter combination rates for the respondents that 
are eligible for a separate rate in this investigation. Policy Bulletin 
05.1 describes this practice.\8\ In this investigation, we calculated 
producer/exporter combination rates for respondents eligible for 
separate rates.
---------------------------------------------------------------------------

    \7\ See Initiation Notice, 85 FR at 47346-47347.
    \8\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations involving Non-Market Economy 
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on 
Commerce's website at https://enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

----------------------------------------------------------------------------------------------------------------
                                                                                Estimated      Cash deposit rate
                                                                             weighted-average    (adjusted for
                  Exporter                              Producer              dumping margin    subsidy offsets)
                                                                                (percent)          (percent)
----------------------------------------------------------------------------------------------------------------
Hangzhou Xline Machinery & Equipment Co.,    Hangzhou Jusheng Metal                     46.58              36.04
 Ltd. (Hangzhou Xline).                       Products Co., Ltd.
Zhejiang Xingyi Metal Products Co., Ltd./    Zhejiang Xingyi Metal                      23.09              12.55
 Xingyi Metalworking Technology (Zhejiang)    Products Co., Ltd./Xingyi
 Co., Ltd.                                    Metalworking Technology
                                              (Zhejiang) Co., Ltd.
Geelong Sales (Macao Commercial Offshore)    Zhongshan Geelong                          26.87              16.33
 Limited (a.k.a. Geelong Sales (MCO)          Manufacturing Co. Ltd.
 Limited, Geelong Sales (Macao Commercial)
 Limited, and Geelong Sales (MC) Limited).
Hangzhou Evernew Machinery & Equipment       Zhejiang Yinghong Metalworks               26.87              16.33
 Company Limited.                             Co., Ltd.
Hangzhou Zhuoxu Trading Co., Ltd...........  Shanghai Asi Building                      26.87              16.33
                                              Materials Co., Ltd.
Hangzhou Zhuoxu Trading Co., Ltd...........  Luoyang Mingxiu Office                     26.87              16.33
                                              Furniture Co., Ltd.
Hangzhou Zhuoxu Trading Co., Ltd...........  Luoyang Wandefu Import and                 26.87              16.33
                                              Export Trading Co. Ltd.
Hangzhou Zhuoxu Trading Co., Ltd...........  Zhejiang Xingyi Metal                      26.87              16.33
                                              Products Co., Ltd.
Jiaxing Haihong Mechanical and Electrical    Zhejiang Steelrix Office                   26.87              16.33
 Technology Co. Ltd.                          Furniture Co., Ltd.
Kunshan Dongchu Precision Machinery Co.,     Kunshan Dongchu Precision                  26.87              16.33
 Ltd.                                         Machinery Co., Ltd.
Luoyang Hynow Import and Export Co., Ltd...  Luoyang Jiudu Golden Cabinet               26.87              16.33
                                              Co., Ltd.
Luoyang Shidiu Import and Export Co., Ltd..  Luoyang Yuabo Office                       26.87              16.33
                                              Machinery Co., Ltd..
Luoyang Steelart Office Furniture Co., Ltd.  Luoyang Yongwei Office                     26.87              16.33
                                              Furniture Co., Ltd.
Luoyang Steelart Office Furniture Co., Ltd.  Luoyang Zhuofan Steel Product              26.87              16.33
                                              Factory.
Luoyang Steelart Office Furniture Co., Ltd.  Luoyang Flyer Office                       26.87              16.33
                                              Furniture Co., Ltd.
Pinghu Chenda Storage Office Co., Ltd......  Pinghu Chenda Storage Office               26.87              16.33
                                              Co., Ltd. (Pinghu Chenda).
Tianjin Jia Mei Metal Furniture Ltd........  Tianjin Jia Mei Metal                      26.87              16.33
                                              Furniture Ltd. (Tianjin Jia
                                              Mei).
China-wide Entity..........................  .............................             322.25             311.71
----------------------------------------------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of subject merchandise as described in the scope of the investigation 
section entered, or withdrawn from warehouse, for consumption on or 
after the date of publication of this notice in the Federal Register, 
as discussed below. Further, pursuant to section 733(d)(1)(B) of the 
Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash 
deposit equal to the weighted average amount by which normal value 
exceeds U.S. price, as indicated in the chart above as follows: (1) For 
the producer/exporter combinations listed in the table above, the cash 
deposit rate is equal to the estimated weighted-average dumping margin 
listed for that combination in the table; (2) for all combinations of 
Chinese producers/exporters of subject merchandise that have not 
established eligibility for their own separate rates, the cash deposit 
rate will be equal to the estimated weighted-average dumping margin 
established for the China-wide entity; and (3) for all

[[Page 9053]]

third-county exporters of subject merchandise not listed in the table 
above, the cash deposit rate is the cash deposit rate applicable to the 
Chinese producer/exporter combination (or the China-wide entity) that 
supplied that third-country exporter.
    To determine the cash deposit rate, Commerce normally adjusts the 
estimated weighted-average dumping margin by the amount of domestic 
subsidy pass-through and export subsidies determined in a companion CVD 
proceeding when CVD provisional measures are in effect. Accordingly, 
where Commerce has made a preliminary affirmative determination for 
domestic subsidy pass-through or export subsidies, Commerce has offset 
the calculated estimated weighted-average dumping margin by the 
appropriate rate(s). Any such adjusted rates may be found in the chart 
of estimated weighted-average dumping margins in the ``Preliminary 
Determination'' section.
    Should provisional measures in the companion CVD investigation 
expire prior to the expiration of provisional measures in this LTFV 
investigation, Commerce will direct CBP to begin collecting cash 
deposits at a rate equal to the estimated weighted-average dumping 
margins calculated in this preliminary determination unadjusted for the 
passed-through domestic subsidies or for export subsidies at the time 
the CVD provisional measures expire.
    These suspension of liquidation instructions will remain in effect 
until further notice.

Disclosure

    Commerce intends to disclose to interested parties the calculations 
performed in connection with this preliminary determination within five 
days of its public announcement or, if there is no public announcement, 
within five days of the date of publication of this notice in 
accordance with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination. 
Normally, Commerce verifies information using standard procedures, 
including an on-site examination of original accounting, financial, and 
sales documentation. However, due to current travel restrictions in 
response to the global COVID-19 pandemic, Commerce is unable to conduct 
on-site verification in this investigation. Accordingly, we intend to 
verify the information relied upon in making the final determination 
through alternative means in lieu of an on-site verification.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance. Commerce will 
notify interested parties of the timeline for the submission of case 
briefs and written comments at a later date. Rebuttal briefs, limited 
to issues raised in case briefs, may be submitted no later than seven 
days after the deadline date for case briefs.\9\ Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information, until further notice.\10\ 
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case 
briefs or rebuttal briefs in this investigation are encouraged to 
submit with each argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements); Temporary Rule Modifying AD/CVD Service 
Requirements Due to COVID-19, 85 FR 17006 (March 26, 2020), and 
Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-
19; Extension of Effective Period, 85 FR 41363 (July 10, 2020) 
(collectively, Temporary Rule).
    \10\ See Temporary Rule.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at a time and date to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioners. Pursuant to 19 CFR 351.210(e)(2), Commerce requires 
that requests by respondents for postponement of a final antidumping 
determination be accompanied by a request for extension of provisional 
measures from a four-month period to a period not more than six months 
in duration.
    On January 19, 2021, pursuant to 19 CFR 351.210(e), Zhejiang Xingyi 
requested that Commerce postpone the final determination and that 
provisional measures be extended to a period not to exceed six 
months.\11\ On January 20, 2021, pursuant to 19 CFR 351.210(e), 
Hangzhou Xline requested that Commerce postpone the final determination 
and that provisional measures be extended to a period not to exceed six 
months.\12\ In accordance with section 735(a)(2)(A) of the Act and 19 
CFR 351.210(b)(2)(ii), because (1) the preliminary determination is 
affirmative; (2) the requesting exporters account for a significant 
proportion of exports of the subject merchandise; and (3) no compelling 
reasons for denial exist, Commerce is postponing the final 
determination and extending the provisional measures from a four-month 
period to a period not greater than six months. Accordingly, Commerce's 
final determination will publish no later than 135 days after the date 
of publication of this preliminary determination.
---------------------------------------------------------------------------

    \11\ See Zhejiang Xingyi's Letter, ``Certain Metal Lockers and 
Parts Thereof from China, Case Nos. A-570-133: Request to Postpone 
Final Determination,'' dated January 19, 2021.
    \12\ See Hangzhou Xline's Letter, ``Metal Lockers and Parts 
Thereof from the People's Republic of China: Request to Postpone the 
Final Determination,'' dated January 20, 2021.
---------------------------------------------------------------------------

International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its preliminary 
determination of sales at LTFV. If the final determination is 
affirmative, the ITC will determine before the later of 120 days after 
the date of this preliminary determination or 45 days after the final 
determination whether imports of the subject merchandise are materially 
injuring, or threaten material injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).


[[Page 9054]]


    Dated: February 4, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix I

Scope of the Investigation

    The scope of the investigation covers certain metal lockers, 
with or without doors, and parts thereof (metal lockers). The 
subject metal lockers are secure 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 
taken on the outside dimensions of the single-locker unit. The 
height is the vertical measurement from the bottom to the top of the 
unit. The width is the horizontal (side to side) measurement of the 
front of the unit, and the front of the unit is the face with the 
door or doors or the opening for internal access of the unit if 
configured without a door. The depth is the measurement from the 
front to the back of the unit. The subject certain metal lockers 
typically include the bodies (back, side, shelf, top and bottom 
panels), door frames with or without doors which can be integrated 
into the sides or made separately, and doors.
    The subject metal lockers typically are made of flat-rolled 
metal, metal mesh and/or expanded metal, which includes but is not 
limited to alloy or non-alloy steel (whether or not galvanized or 
otherwise metallically coated for corrosion resistance), stainless 
steel, or aluminum, but the doors may also include transparent 
polycarbonate, Plexiglas or similar transparent material or any 
combination thereof. Metal mesh refers to both wire mesh and 
expanded metal mesh. Wire mesh is a wire product in which the 
horizontal and transverse wires are welded at the cross-section in a 
grid pattern. Expanded metal mesh is made by slitting and stretching 
metal sheets to make a screen of diamond or other shaped openings.
    Where the product has doors, the doors are typically configured 
with or for a handle or other device or other means 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 (including cylinder locks) lever or knob lock, electronic key 
pad, or other electronic or wireless lock. The handle and locking 
mechanism, if included, need not be integrated into one another. The 
subject locker may or may not 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 except the lock.
    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. The excluded 
exchange lockers include assembled exchange lockers and those that 
enter in `knock down' form in which all of the parts and components 
to assemble a completed exchange locker unit are packaged together. 
Parts for exchange lockers that are imported separately from the 
exchange lockers in `knock down' form are not excluded.
    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 locks and 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 locks and bulk imported rivets, nuts, bolts, 
hinges, door handles, 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.
    Mobile tool chest attachments that meet the physical description 
above are covered by the scope of the investigation, unless such 
attachments are covered by the scope of the orders on certain tool 
chests and cabinets from China. If the orders on certain tool chests 
and cabinets from China are revoked, the mobile tool chest 
attachments from China will be covered by the scope of the 
investigation.
    The scope also excludes metal safes with each of the following 
characteristics: (1) Pry resistant, concealed hinges; (2) body walls 
and doors of steel that are at least 17 gauge (0.05625 inch or 
1.42874 mm thick); and (3) an integrated locking mechanism that 
includes at least two round steel bolts 0.75 inch (19 mm) or larger 
in diameter; or three bolts 0.70 inch (17.78 mm) or more in

[[Page 9055]]

diameter; or four or more bolts at least 0.60 inch (15.24 mm) or 
more in diameter, that project from the door into the body or frame 
of the safe when in the locked position.
    The scope also excludes gun safes meeting each of the following 
requirements:
    (1) Shall be able to fully contain firearms and provide for 
their secure storage.
    (2) Shall have a locking system consisting of at minimum a 
mechanical or electronic combination lock. The mechanical or 
electronic combination lock utilized by the safe shall have at least 
10,000 possible combinations consisting of a minimum three numbers, 
letters, or symbols. The lock shall be protected by a casehardened 
(Rc 60+) drill-resistant steel plate, or drill-resistant material of 
equivalent strength.
    (3) Boltwork shall consist of a minimum of three steel locking 
bolts of at least \1/2\ inch thickness that intrude from the door of 
the safe into the body of the safe or from the body of the safe into 
the door of the safe, which are operated by a separate handle and 
secured by the lock.
    (4) The exterior walls shall be constructed of a minimum 12-
gauge thick steel for a single-walled safe, or the sum of the steel 
walls shall add up to at least 0.100 inches for safes with walls 
made from two pieces of flat-rolled steel.
    (5) Doors shall be constructed of a minimum one layer of 7-gauge 
steel plate reinforced construction or at least two layers of a 
minimum 12-gauge steel compound construction.
    (6) Door hinges shall be protected to prevent the removal of the 
door. Protective features include, but are not limited to: hinges 
not exposed to the outside, interlocking door designs, dead bars, 
jeweler's lugs and active or inactive locking bolts.
    The scope also excludes metal storage devices that (1) have two 
or more exterior exposed drawers regardless of the height of the 
unit, or (2) are no more than 30 inches tall and have at least one 
exterior exposed drawer.
    Also excluded from the scope are free standing metal cabinets 
less than 30 inches tall with a single opening, single door and an 
installed tabletop.
    The scope also excludes metal storage devices less than 27 
inches wide and deep that (1) have two doors hinged on the right and 
left side of the door frame respectively covering a single opening 
and that open from the middle toward the outer frame; or (2) are 
free standing or wall-mounted, single-opening units 20 inches or 
less high with a single door.
    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. In addition, subject certain 
metal lockers may also enter under HTS subheading 9403.20.0050. 
While HTSUS subheadings are provided for convenience and Customs 
purposes, the written description of the scope of the investigation 
is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Final Determination and Extension of Provisional 
Measures
V. Scope of Investigation
VI. Scope Comments
VII. Single Entity Analysis
VIII. Discussion of the Methodology
IX. Currency Conversion
X. Adjustment for Countervailable Export Subsidies
XI. Adjustment Under Section 777(A)(f) of the Act
XII. Recommendation

[FR Doc. 2021-02824 Filed 2-10-21; 8:45 am]
BILLING CODE 3510-DS-P
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