Boltless Steel Shelving Units Prepackaged for Sale From the People's Republic of China: Continuation of Antidumping Duty Order and Countervailing Duty Order, 26000-26001 [2021-09999]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 86, Number 90 (Wednesday, May 12, 2021)]
[Notices]
[Pages 26000-26001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09999]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-018, C-570-019]


Boltless Steel Shelving Units Prepackaged for Sale From the 
People's Republic of China: Continuation of Antidumping Duty Order and 
Countervailing Duty Order

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

SUMMARY: As a result of the determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC) that 
revocation of the antidumping duty (AD) and countervailing duty (CVD) 
orders on boltless steel shelving units prepackaged for sale from the 
People's Republic of China (China) would likely lead to continuation or 
recurrence of dumping, countervailable subsidies, and material injury 
to an industry in the United States, Commerce is publishing a notice of 
continuation of the AD and CVD orders.

DATES: Applicable May 12, 2021.

FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2593.

SUPPLEMENTARY INFORMATION:

Background

    On October 21, 2015, Commerce published the AD and CVD orders on 
boltless steel shelving from China.\1\ On September 1, 2020, the ITC 
instituted,\2\ and Commerce initiated, the first sunset review of the 
Orders, pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (the Act).\3\ As a result of its review, Commerce determined 
that revocation of the Orders would likely lead to continuation or 
recurrence of dumping and countervailable subsidies and, therefore, 
notified the ITC of the magnitude of the margins and net 
countervailable subsidy rates likely to prevail should the Orders be 
revoked.\4\
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    \1\ See Boltless Steel Shelving Units Prepackaged for Sale from 
the People's Republic of China: Antidumping Duty Order, 80 FR 63741 
(October 21, 2015); see also Boltless Steel Shelving Units 
Prepackaged for Sale from the People's Republic of China: Amended 
Final Affirmative Countervailing Duty Determination and 
Countervailing Duty Order, 80 FR 63745 (October 21, 2015) 
(collectively, Orders).
    \2\ See Boltless Steel Shelving Units Prepackaged for Sale from 
China; Institution of Five-Year Reviews, 85 FR 54404 (September 1, 
2020).
    \3\ See Initiation of Five-Year (Sunset) Reviews, 85 FR 54348 
(September 1, 2020) (Notice of Initiation).
    \4\ See Boltless Steel Shelving Units Prepackaged for Sale from 
the People's Republic of China: Final Results of the Expedited 
Sunset Review of Antidumping Duty Order, 86 FR 59 (January 4, 2021), 
and accompanying Issues and Decision Memorandum (IDM); see also 
Boltless Steel Shelving Units Prepackaged for Sale from the People's 
Republic of China: Final Results of the Expedited Sunset Review of 
the Countervailing Duty Order, 86 FR 58 (January 4, 2021), and 
accompanying IDM.
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    On May 5, 2021, the ITC published its determination, pursuant to 
sections 751(c) and 752(a) of the Act, that revocation of the Orders 
would likely lead to continuation or recurrence of material injury to 
an industry in the United States within a reasonably foreseeable 
time.\5\
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    \5\ See Boltless Steel Shelving Units Prepackaged for Sale from 
China, 86 FR 23981 (May 5, 2021).
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Scope of the Orders

    The scope of the Orders covers boltless steel shelving units 
prepackaged for sale, with or without decks (boltless steel shelving). 
The term ``prepackaged for sale'' means that, at a minimum, the steel 
vertical supports (i.e., uprights and posts) and steel horizontal 
supports (i.e., beams, braces) necessary to assemble a completed 
shelving unit (with or without decks) are packaged together for 
ultimate purchase by the end-user. The scope also includes add-on kits. 
Add-on kits include, but are not limited to, kits that allow the end-
user to add an extension shelving unit onto an existing boltless steel 
shelving unit such that the

[[Page 26001]]

extension and the original unit will share common frame elements (e.g., 
two posts). The term ``boltless'' refers to steel shelving in which the 
vertical and horizontal supports forming the frame are assembled 
primarily without the use of nuts and bolts or screws. The vertical and 
horizontal support members for boltless steel shelving are assembled by 
methods such as, but not limited to, fitting a rivet, punched or cut 
tab or other similar connector on one support into a hole, slot or 
similar receptacle on another support. The supports lock together to 
form the frame for the shelving unit and provide the structural 
integrity of the shelving unit separate from the inclusion of any 
decking. The incidental use of nuts and bolts or screws to add 
accessories, wall anchors, tie-bars or shelf supports does not remove 
the product from scope. Boltless steel shelving units may also come 
packaged as partially assembled, such as when two upright supports are 
welded together with front-to-back supports, or are otherwise 
connected, to form an end unit for the frame. The boltless steel 
shelving covered by the Orders may be commonly described as rivet 
shelving, welded frame shelving, slot and tab shelving, and punched 
rivet (quasi-rivet) shelving as well as by other trade names. The term 
``deck'' refers to the shelf that sits on or fits into the horizontal 
supports (beams or braces) to provide the horizontal storage surface of 
the shelving unit.
    The scope includes all boltless steel shelving meeting the 
description above, regardless of: (1) Vertical support or post type 
(including but not limited to open post, closed post and tubing); (2) 
horizontal support or beam/brace profile (including but not limited to 
Z-beam, C-beam, L-beam, step beam and cargo rack); (3) number of 
supports; (4) surface coating (including but not limited to paint, 
epoxy, powder coating, zinc and other metallic coating); (5) number of 
levels; (6) weight capacity; (7) shape (including but not limited to 
rectangular, square, and corner units); (8) decking material (including 
but not limited to wire decking, particle board, laminated board or no 
deck at all); or (9) the boltless method by which vertical and 
horizontal supports connect (including but not limited to keyhole and 
rivet, slot and tab, welded frame, punched rivet and clip).
    Specifically excluded from the scope are:
     Wall-mounted shelving, defined as shelving that is hung on 
the wall and does not stand on, or transfer load to, the floor;
     wire shelving units, which consist of shelves made from 
wire that incorporates both a wire deck and wire horizontal supports 
(taking the place of the horizontal beams and braces) into a single 
piece with tubular collars that slide over the posts and onto plastic 
sleeves snapped on the posts to create the finished shelving unit;
     bulk-packed parts or components of boltless steel shelving 
units; and
     made-to-order shelving systems.
    Subject boltless steel shelving enters under the United States 
through Harmonized Tariff Schedule of the United States (HTSUS) 
statistical subheadings 9403.20.0018, 9403.20.0020, 9403.20.0025, and 
9403.20.0026, but may also enter through HTSUS 9403.10.0040. While 
HTSUS subheadings are provided for convenience and customs purposes, 
the written description of the scope of the Orders is dispositive.

Continuation of the Orders

    As a result of the determinations by Commerce and the ITC that 
revocation of the Orders would likely lead to a continuation or a 
recurrence of dumping and countervailable subsidies, as well as 
material injury to an industry in the United States, pursuant to 
section 751(d)(2) of the Act, Commerce hereby orders the continuation 
of the Orders. U.S. Customs and Border Protection will continue to 
collect AD and CVD cash deposits at the rates in effect at the time of 
entry for all imports of subject merchandise. The effective date of the 
continuation of the Orders will be the date of publication in the 
Federal Register of this notice of continuation. Pursuant to section 
751(c)(2) of the Act and 19 CFR 351.281(c)(2), Commerce intends to 
initiate the next five-year reviews of the Orders not later than 30 
days prior to the fifth anniversary of the effective date of 
continuation.

Notification to Interested Parties

    These five-year sunset reviews and this notice are in accordance 
with section 751(c) of the Act and published in accordance with section 
777(i)(1) of the Act and 19 CFR 351.218(f)(4).

    Dated: May 6, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2021-09999 Filed 5-11-21; 8:45 am]
BILLING CODE 3510-DS-P