Certain Metal Lockers and Parts Thereof From the People's Republic of China: Amended Preliminary Affirmative Countervailing Duty Determination, 12611-12614 [2021-04481]
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Federal Register / Vol. 86, No. 41 / Thursday, March 4, 2021 / Notices
between the first and second or third
and fourth anniversary of the
publication of an AD order under 19
CFR 351.211 or a determination under
19 CFR 351.218(f)(4) to continue an
order or suspended investigation (after
sunset review), Commerce, if requested
by a domestic interested party within 30
days of the date of publication of the
notice of initiation of the review, will
determine whether AD duties have been
absorbed by an exporter or producer
subject to the review if the subject
merchandise is sold in the United States
through an importer that is affiliated
with such exporter or producer. The
request must include the name(s) of the
exporter or producer for which the
inquiry is requested.
Gap Period Liquidation
For the first administrative review of
any order, there will be no assessment
of antidumping or countervailing duties
on entries of subject merchandise
entered, or withdrawn from warehouse,
for consumption during the relevant
‘‘gap’’ period of the order (i.e., the
period following the expiry of
provisional measures and before
definitive measures were put into
place), if such a gap period is applicable
to the POR.
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Administrative Protective Orders and
Letters of Appearance
Interested parties must submit
applications for disclosure under
administrative protective orders in
accordance with the procedures
outlined in Commerce’s regulations at
19 CFR 351.305. Those procedures
apply to administrative reviews
included in this notice of initiation.
Parties wishing to participate in any of
these administrative reviews should
ensure that they meet the requirements
of these procedures (e.g., the filing of
separate letters of appearance as
discussed at 19 CFR 351.103(d)).
Factual Information Requirements
Commerce’s regulations identify five
categories of factual information in 19
CFR 351.102(b)(21), which are
summarized as follows: (i) Evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors under 19
CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by Commerce; and (v)
evidence other than factual information
8 This company was inadvertently omitted from
the initiation notice that published on February 4,
2021 (86 FR 8166). This omission is corrected in
this notice.
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described in (i)–(iv). These regulations
require any party, when submitting
factual information, to specify under
which subsection of 19 CFR
351.102(b)(21) the information is being
submitted and, if the information is
submitted to rebut, clarify, or correct
factual information already on the
record, to provide an explanation
identifying the information already on
the record that the factual information
seeks to rebut, clarify, or correct. The
regulations, at 19 CFR 351.301, also
provide specific time limits for such
factual submissions based on the type of
factual information being submitted.
Please review the Final Rule,9 available
at https://enforcement.trade.gov/frn/
2013/1304frn/2013-08227.txt, prior to
submitting factual information in this
segment. Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.10
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information
using the formats provided at the end of
the Final Rule.11 Commerce intends to
reject factual submissions in any
proceeding segments if the submitting
party does not comply with applicable
certification requirements.
Extension of Time Limits Regulation
Parties may request an extension of
time limits before a time limit
established under Part 351 expires, or as
otherwise specified by Commerce.12 In
general, an extension request will be
considered untimely if it is filed after
the time limit established under Part
351 expires. For submissions which are
due from multiple parties
simultaneously, an extension request
will be considered untimely if it is filed
after 10:00 a.m. on the due date.
Examples include, but are not limited
to: (1) Case and rebuttal briefs, filed
pursuant to 19 CFR 351.309; (2) factual
information to value factors under 19
CFR 351.408(c), or to measure the
adequacy of remuneration under 19 CFR
9 See
Certification of Factual Information To
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule); see also the frequently asked
questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
10 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19, 85 FR
41363 (July 10, 2020).
11 See section 782(b) of the Act; see also Final
Rule; and the frequently asked questions regarding
the Final Rule, available at https://
enforcement.trade.gov/tlei/notices/factual_info_
final_rule_FAQ_07172013.pdf.
12 See 19 CFR 351.302.
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12611
351.511(a)(2), filed pursuant to 19 CFR
351.301(c)(3) and rebuttal, clarification
and correction filed pursuant to 19 CFR
351.301(c)(3)(iv); (3) comments
concerning the selection of a surrogate
country and surrogate values and
rebuttal; (4) comments concerning CBP
data; and (5) Q&V questionnaires. Under
certain circumstances, Commerce may
elect to specify a different time limit by
which extension requests will be
considered untimely for submissions
which are due from multiple parties
simultaneously. In such a case,
Commerce will inform parties in the
letter or memorandum setting forth the
deadline (including a specified time) by
which extension requests must be filed
to be considered timely. This policy also
requires that an extension request must
be made in a separate, stand-alone
submission, and clarifies the
circumstances under which Commerce
will grant untimely-filed requests for the
extension of time limits. Please review
the Final Rule, available at https://
www.gpo.gov/fdsys/pkg/FR-2013-09-20/
html/2013-22853.htm, prior to
submitting factual information in these
segments.
These initiations and this notice are
in accordance with section 751(a) of the
Act (19 U.S.C. 1675(a)) and 19 CFR
351.221(c)(1)(i).
Dated: February 26, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2021–04479 Filed 3–3–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–134]
Certain Metal Lockers and Parts
Thereof From the People’s Republic of
China: Amended Preliminary
Affirmative Countervailing Duty
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 14, 2020, the
Department of Commerce (Commerce)
published in the Federal Register the
preliminary determination of the
countervailing duty (CVD) investigation
of certain metal lockers and parts
thereof (metal lockers) from the People’s
Republic of China (China). Commerce is
amending the scope of the preliminary
determination.
DATES: Applicable March 4, 2021.
AGENCY:
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Federal Register / Vol. 86, No. 41 / Thursday, March 4, 2021 / Notices
Alex
Cipolla, 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) 482–4956.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
On December 14, 2020, Commerce
published in the Federal Register the
preliminary determination in the CVD
investigation of metal lockers from
China.1 On February 2, 2021, Commerce
placed on the record of this
investigation a preliminary decision
memorandum addressing all comments
received in this proceeding and the
companion antidumping proceeding
regarding the scope of the
investigations.2 In accordance with the
comments discussed in the
memorandum, we made certain changes
to the scope of these investigations. The
changes include certain exclusions and
clarifications of the scope language. The
revised scope is printed in its entirety
below.
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Scope of the Investigation
The scope of this 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
1 See Certain Metal Lockers and Parts Thereof
from the People’s Republic of China: Preliminary
Affirmative Countervailing Duty Determination, and
Alignment of Final Determination with Final
Antidumping Duty Determination, 85 FR 80771
(December 14, 2020) (Preliminary CVD
Determination).
2 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 (Prelim
Scope Memo).
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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 crosssection in a grid pattern. Expanded
metal mesh is made by slitting and
stretching metal sheets to make a screen
of diamond or other shaped openings.
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-
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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
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Federal Register / Vol. 86, No. 41 / Thursday, March 4, 2021 / Notices
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 this
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
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chests and cabinets from China are
revoked, the mobile tool chest
attachments from China will be covered
by the scope of this 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 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 drillresistant 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.
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12613
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
this investigation is dispositive.
Suspension of Liquidation
Pursuant to the Preliminary CVD
Determination, Commerce previously
suspended liquidation of metal lockers
from China entered, or withdrawn from
warehouse, for consumption on or after
December 14, 2020 (the publication of
the Preliminary CVD Determination in
the Federal Register). Commerce will
instruct U.S. Customs and Border
Protection (CBP) to continue to suspend
liquidation of subject merchandise as
defined by the revised scope language
included above, entered, or withdrawn
from warehouse, for consumption on or
after the publication of this notice in the
Federal Register, and to continue to
require a cash deposit, pursuant to 19
CFR 351.205(d).
Liquidation of Suspended Entries
As a result of Commerce’s amended
preliminary determination, certain
products are now excluded from the
scope of the investigation. For
suspended entries of excluded products,
that were entered, or withdrawn from
warehouse, for consumption on or after
December 14, 2020 (the date on which
suspension of liquidation first began),
we will instruct CBP to discontinue the
suspension of liquidation and liquidate
such entries without regard to
countervailing duties (i.e., refund all
cash deposits).
Public Comment
Commerce has set a separate deadline
for scope comments for both the
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Federal Register / Vol. 86, No. 41 / Thursday, March 4, 2021 / Notices
antidumping and CVD proceedings.3
The current deadline for case briefs
regarding scope issues is March 15,
2021,4 and the current deadline for
rebuttal briefs regarding scope issues is
March 22, 2021. 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.
International Trade Commission
Notification
In accordance with section 703(f) of
the Tariff Act of 1930, as amended (the
Act), Commerce will notify the
International Trade Commission (ITC) of
its amended preliminary determination.
If Commerce’s final determination is
affirmative, the ITC will make its final
determination before the later of 120
days after the date of this preliminary
determination or 45 days after
Commerce’s final determination.
Notification to Interested Parties
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act.
Dated: February 26, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2021–04481 Filed 3–3–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–469–822]
Methionine From Spain: Preliminary
Affirmative Determination of Sales at
Less Than Fair Value, Preliminary
Negative Determination of Critical
Circumstances, Postponement of Final
Determination, and Extension of
Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that methionine from Spain is being, or
AGENCY:
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3 See
Prelim Scope Memo at 6.
actual deadline falls on March 13, 2021,
which is a Saturday. Commerce’s practice dictates
that where a deadline falls on a weekend or Federal
holiday, the appropriate deadline is the next
business day. See Notice of Clarification:
Application of ‘‘Next Business Day’’ Rule for
Administrative Determination Deadlines Pursuant
to the Tariff Act of 1930, as Amended, 70 FR 24533
(May 10, 2005).
4 The
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is likely to be, sold in the United States
at less than fair value (LTFV).
Commerce also preliminarily
determines that critical circumstances
do not exist with respect to certain
imports of subject merchandise. The
period of investigation is July 1, 2019,
through June 30, 2020. Interested parties
are invited to comment on this
preliminary determination.
DATES: Applicable March 4, 2021.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Bremer, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4987.
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 initiated this LTFV
investigation on August 18, 2020.1 On
December 14, 2020, Commerce
postponed the preliminary
determination of this investigation, and
the revised deadline is now February
24, 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.
For a complete description of the scope
of this investigation, see Appendix I.
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 (i.e., scope).5 No interested
parties commented on the scope of this
investigation as it appeared in the
Initiation Notice.6 Commerce is not
preliminarily modifying the scope
language as it appeared in the Initiation
Notice. See the scope in Appendix I to
this notice.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce has
calculated constructed export prices in
accordance with section 772(b) of the
Act. Normal value is calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum.
Preliminary Negative Determination of
Critical Circumstances
The product covered by this
investigation is methionine from Spain.
On January 26, 2021, the petitioner 7
timely filed a critical circumstances
allegation, pursuant to section 733(e)(1)
of the Act and 19 CFR 351.206(c)(1),
alleging that critical circumstances exist
with respect to imports of the subject
merchandise from Spain.
Section 733(e)(1) of the Act provides
that Commerce will preliminarily
determine that critical circumstances
exist in an LTFV investigation if there
is a reasonable basis to believe or
suspect that: (A) There is a history of
dumping and material injury by reason
of dumped imports in the United States
or elsewhere of the subject merchandise,
or the person by whom, or for whose
account, the merchandise was imported
knew or should have known that the
exporter was selling the subject
merchandise at less than its fair value
and that there was likely to be material
injury by reason of such sales; and (B)
there have been massive imports of the
1 See Methionine from France, Japan, and Spain:
Initiation of Less-Than-Fair-Value Investigations, 85
FR 52324 (August 25, 2020) (Initiation Notice).
2 See Methionine from France, Japan, and Spain:
Postponement of Preliminary Determinations in the
Less-Than-Fair-Value Investigations, 85 FR 80774
(December 14, 2020).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Methionine from
Spain,’’ dated concurrently with, and hereby
adopted by this notice (Preliminary Decision
Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice, 85 FR at 52325.
6 Sumitomo Chemical Company, Ltd. and
Sumitomo Chemical America, Inc (Sumitomo)’s
September 8, 2020 scope comments pertain to the
product characteristics, and not to the scope of the
investigation. See Sumitomo’s Letter, ‘‘Methionine
from Japan; Product Characteristic Comments,’’
dated September 8, 2020 and filed on the
administrative record of the instant investigation.
7 The petitioner is Novus International, Inc. (the
petitioner).
Scope of the Investigation
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[Federal Register Volume 86, Number 41 (Thursday, March 4, 2021)]
[Notices]
[Pages 12611-12614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04481]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-134]
Certain Metal Lockers and Parts Thereof From the People's
Republic of China: Amended Preliminary Affirmative Countervailing Duty
Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On December 14, 2020, the Department of Commerce (Commerce)
published in the Federal Register the preliminary determination of the
countervailing duty (CVD) investigation of certain metal lockers and
parts thereof (metal lockers) from the People's Republic of China
(China). Commerce is amending the scope of the preliminary
determination.
DATES: Applicable March 4, 2021.
[[Page 12612]]
FOR FURTHER INFORMATION CONTACT: Alex Cipolla, 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) 482-4956.
SUPPLEMENTARY INFORMATION:
Background
On December 14, 2020, Commerce published in the Federal Register
the preliminary determination in the CVD investigation of metal lockers
from China.\1\ On February 2, 2021, Commerce placed on the record of
this investigation a preliminary decision memorandum addressing all
comments received in this proceeding and the companion antidumping
proceeding regarding the scope of the investigations.\2\ In accordance
with the comments discussed in the memorandum, we made certain changes
to the scope of these investigations. The changes include certain
exclusions and clarifications of the scope language. The revised scope
is printed in its entirety below.
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\1\ See Certain Metal Lockers and Parts Thereof from the
People's Republic of China: Preliminary Affirmative Countervailing
Duty Determination, and Alignment of Final Determination with Final
Antidumping Duty Determination, 85 FR 80771 (December 14, 2020)
(Preliminary CVD Determination).
\2\ 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 (Prelim Scope Memo).
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Scope of the Investigation
The scope of this 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
[[Page 12613]]
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 this 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 this 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 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 this investigation is dispositive.
Suspension of Liquidation
Pursuant to the Preliminary CVD Determination, Commerce previously
suspended liquidation of metal lockers from China entered, or withdrawn
from warehouse, for consumption on or after December 14, 2020 (the
publication of the Preliminary CVD Determination in the Federal
Register). Commerce will instruct U.S. Customs and Border Protection
(CBP) to continue to suspend liquidation of subject merchandise as
defined by the revised scope language included above, entered, or
withdrawn from warehouse, for consumption on or after the publication
of this notice in the Federal Register, and to continue to require a
cash deposit, pursuant to 19 CFR 351.205(d).
Liquidation of Suspended Entries
As a result of Commerce's amended preliminary determination,
certain products are now excluded from the scope of the investigation.
For suspended entries of excluded products, that were entered, or
withdrawn from warehouse, for consumption on or after December 14, 2020
(the date on which suspension of liquidation first began), we will
instruct CBP to discontinue the suspension of liquidation and liquidate
such entries without regard to countervailing duties (i.e., refund all
cash deposits).
Public Comment
Commerce has set a separate deadline for scope comments for both
the
[[Page 12614]]
antidumping and CVD proceedings.\3\ The current deadline for case
briefs regarding scope issues is March 15, 2021,\4\ and the current
deadline for rebuttal briefs regarding scope issues is March 22, 2021.
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.
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\3\ See Prelim Scope Memo at 6.
\4\ The actual deadline falls on March 13, 2021, which is a
Saturday. Commerce's practice dictates that where a deadline falls
on a weekend or Federal holiday, the appropriate deadline is the
next business day. See Notice of Clarification: Application of
``Next Business Day'' Rule for Administrative Determination
Deadlines Pursuant to the Tariff Act of 1930, as Amended, 70 FR
24533 (May 10, 2005).
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International Trade Commission Notification
In accordance with section 703(f) of the Tariff Act of 1930, as
amended (the Act), Commerce will notify the International Trade
Commission (ITC) of its amended preliminary determination. If
Commerce's final determination is affirmative, the ITC will make its
final determination before the later of 120 days after the date of this
preliminary determination or 45 days after Commerce's final
determination.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act.
Dated: February 26, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-04481 Filed 3-3-21; 8:45 am]
BILLING CODE 3510-DS-P
