Certain Metal Lockers and Parts Thereof From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, 35737-35741 [2021-14315]

Download as PDF Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Notices not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). For 12 companies for which this review is rescinded with these preliminary results, Commerce will instruct CBP to assess countervailing duties on all appropriate entries at a rate equal to the cash deposit of estimated countervailing duties required at the time of entry, or withdrawal from warehouse, for consumption, during the period January 1, 2019, through December 31, 2019, in accordance with 19 CFR 351.212(c)(l)(i). Commerce intends to issue appropriate assessment instructions directly to CBP no later than 35 days after publication of this notice in the Federal Register. khammond on DSKJM1Z7X2PROD with NOTICES Cash Deposit Requirements Pursuant to section 751(a)(1) of the Act, upon issuance of the final results, Commerce intends to instruct CBP to collect cash deposits of estimated countervailing duties for each of the companies listed above on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review, except where the rate calculated in the final results is zero or de minimis, no cash deposit will be required. For all non-reviewed firms, we will instruct CBP to continue to collect cash deposits of estimated countervailing duties at the most recent company-specific or all-others rate applicable to the company, as appropriate. These cash deposit instructions, when imposed, shall remain in effect until further notice. Disclosure and Public Comment We will disclose to parties to this proceeding the calculations performed in reaching the preliminary results within five days of the date of publication of these preliminary results.13 Interested parties may submit written comments (case briefs) within 30 days of publication of the preliminary results and rebuttal comments (rebuttal briefs) within seven days after the time limit for filing case briefs.14 Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be limited to issues raised in the case briefs. Parties who submit arguments are requested to submit with the argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.15 Note that Commerce has modified certain of its requirements for serving documents containing business proprietary information, until further notice.16 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing 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.17 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. Issues addressed during the hearing will be limited to those raised in the briefs.18 If a request for a hearing is made, Commerce will inform parties of the scheduled date of the hearing.19 Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Parties are reminded that all briefs and hearing requests are to be filed electronically using ACCESS and received successfully in their entirety by 5:00 p.m. Eastern Time on the due date. Unless the deadline is extended pursuant to section 751(a)(3)(A) of the Act, Commerce intends to issue the final results of this administrative review, including the results of our analysis of the issues raised by the parties in their comments, within 120 days after publication of these preliminary results. Notification to Interested Parties This administrative review and notice are in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213 and 351.221(b)(4). Dated: June 29, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Rescission of Administrative Review, in Part IV. Non-Selected Companies Under Review V. Scope of the Order VI. Diversification of China’s Economy VII. Subsidies Valuation VIII. Interest Rates, Discount Rates, and Benchmark Prices IX. Use of Facts Otherwise Available and Adverse Inferences 13 See 19 CFR 224(b). 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1); see also Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020) (Temporary Rule). 14 See VerDate Sep<11>2014 19:04 Jul 06, 2021 Jkt 253001 PO 00000 15 See 19 CFR 351.309(c)(2) and 351.309(d)(2). Temporary Rule. 17 See 19 CFR 351.310(c). 18 See 19 CFR 351.310(c). 19 See 19 CFR 351.310. 16 See Frm 00009 Fmt 4703 Sfmt 4703 35737 X. Analysis of Programs XI. Recommendation [FR Doc. 2021–14446 Filed 7–6–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–133] Certain Metal Lockers and Parts Thereof From the People’s Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that imports of 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. DATES: Applicable July 7, 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 and (202) 482–0012, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On February 11, 2021, Commerce published its Preliminary Determination of sales at LTFV of metal lockers from China.1 A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum.2 The Issues and Decision Memorandum is a public document and is available electronically via Enforcement and Compliance’s 1 See 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, 86 FR 9051 (February 11, 2021) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative 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, and hereby adopted by, this notice (Issues and Decision Memorandum). E:\FR\FM\07JYN1.SGM 07JYN1 35738 Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Notices Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. 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. Scope Comments On February 2, 2021, we issued the Preliminary Scope Decision Memorandum.3 We received comments from interested parties in regard to the Preliminary Scope Decision Memorandum, which we addressed in the Final Scope Decision Memorandum.4 Commerce has made no changes to the scope of this investigation since the Preliminary Determination. Analysis of Comments Received khammond on DSKJM1Z7X2PROD with NOTICES All issues raised in the case briefs and rebuttal briefs submitted by interested parties in this investigation are discussed in the Issues and Decision Memorandum. A list of the issues raised by parties and responded to by Commerce in the Issues and Decision Memorandum is attached to this notice as Appendix II. Verification Commerce was unable to conduct onsite verification of the information relied upon in making its final determination in this investigation. However, we took additional steps in lieu of an on-site verification to verify the information relied upon in making this final determination, in accordance with section 782(i) of the Tariff Act of 1930, as amended (the Act).5 Changes Since the Preliminary Determination Based on our analysis of the comments received and additional information obtained since our preliminary findings, we made certain changes to the margin calculations for Hangzhou Xline Machinery & Equipment Co., Ltd. (Hangzhou Xline). For a discussion of these changes, see the Issues and Decision Memorandum. Separate Rate Companies No party commented on our preliminary separate rate determinations with respect to the mandatory respondents and the nonindividually examined companies; thus, we find no basis to reconsider our preliminary determinations with respect to separate rate status, and we have continued to grant these companies separate rates in this final determination. China-Wide Entity Rate and the Use of Adverse Facts Available Commerce continues to find that the use of facts available is warranted in determining the rate of the China-wide entity, pursuant to sections 776(a)(1) and (a)(2)(A)–(C) of the Act. As discussed in the Issues and Decision Memorandum, Commerce finds that the use of adverse facts available (AFA) is warranted with respect to the Chinawide entity because the China-wide entity failed to cooperate by not acting to the best of its ability to comply with our requests for information and, accordingly, we applied adverse inferences in selecting from the facts available, pursuant to section 776(b) of the Act and 19 CFR 351.308(a). For the final determination, as AFA, we are assigning the China-wide entity the highest calculated petition margin reported in the Initiation Notice, 322.25 percent.6 We corroborated, to the extent practicable, within the meaning of section 776(c) of the Act, the highest petition margin of 322.25 percent.7 See Issues and Decision Memorandum. Combination Rates Consistent with the Preliminary Determination, Commerce calculated exporter/producer combination rates for the respondents that are eligible for a separate rate in this investigation. Policy Bulletin 05.1 describes this practice.8 Final Determination The estimated weighted-average dumping margins are as follows: Estimated weightedaverage dumping margin Exporter Producer Hangzhou Xline Machinery & Equipment Co., Ltd ...... 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 Jusheng Metal Products Co., Ltd .............. Zhejiang Xingyi Metal Products Co., Ltd./Xingyi Metalworking Technology (Zhejiang) Co., Ltd. Zhongshan Geelong Manufacturing Co. Ltd ............... 3 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). 4 See Memorandum, ‘‘Antidumping Duty and Countervailing Duty Investigations of Certain Metal Lockers and Parts Thereof from the People’s Republic of China: Scope Comments Decision Memorandum for the Final Determinations,’’ dated concurrently with, and hereby adopted by, this notice (Final Scope Decision Memorandum). 5 See Commerce’s Letters, ‘‘Certain Metal Lockers and Parts Thereof from the People’s Republic of China: Questionnaire in Lieu of Verification,’’ dated VerDate Sep<11>2014 17:44 Jul 06, 2021 Jkt 253001 April 6, 2021 and April 13, 2021; see also Zhejiang Xingyi Metal Products Co., Ltd.’s Letter, ‘‘Certain Metal Lockers and Parts Thereof from China, Case Nos. A–570–133: ZXM Verification Questionnaire Response,’’ dated April 14, 2021; Hangzhou Xline Machinery & Equipment Co., Ltd.’s Letter, ‘‘Certain Metal Lockers and Parts Thereof from the People’s Republic of China: Submission of Hangzhou Xline’s Verification Response,’’ dated April 21, 2021; and Commerce’s Letter, ‘‘Extension of Deadline to File Zhejiang Xingyi Metal Products Co., Ltd.’s in Lieu of Verification Questionnaire Response,’’ dated April 22, 2021. 6 See Certain Metal Lockers and Parts Thereof from the People’s Republic of China: Initiation of PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 Cash deposit rate (adjusted for subsidy offsets) (percent) 0.00 21.25 0.00 10.71 21.25 10.71 Less-Than-Fair-Value Investigation, 85 FR 47343, 47346 (August 5, 2020) (Initiation Notice). 7 See Preliminary Determination PDM at 20–21 (citing Initiation Notice, 85 FR at 47346; and Petitioners’ Letter, ‘‘Certain Metal Lockers and Parts Thereof from the People’s Republic of China— Petitioners’ Response to Supplemental Questionnaire Regarding Volume II: Antidumping Duty Petition,’’ dated July 16, 2020). 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 http://enforcement.trade.gov/policy/bull05-1.pdf. E:\FR\FM\07JYN1.SGM 07JYN1 35739 Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Notices Cash deposit rate (adjusted for subsidy offsets) (percent) Exporter Producer Hangzhou Evernew Machinery & Equipment Company Limited. Hangzhou Zhuoxu Trading Co., Ltd ............................ Hangzhou Zhuoxu Trading Co., Ltd ............................ Hangzhou Zhuoxu Trading Co., Ltd ............................ 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 ...................... Tianjin Jia Mei Metal Furniture Ltd .............................. China-Wide Entity ........................................................ Zhejiang Yinghong Metalworks Co., Ltd ..................... 21.25 10.71 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 ................. 21.25 21.25 21.25 21.25 21.25 10.71 10.71 10.71 10.71 10.71 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 ..................... Tianjin Jia Mei Metal Furniture Ltd ............................. ...................................................................................... 21.25 21.25 21.25 21.25 21.25 21.25 21.25 21.25 322.25 10.71 10.71 10.71 10.71 10.71 10.71 10.71 10.71 311.71 Disclosure We intend to disclose to interested parties the calculations and analysis performed in this final determination within five days of any public announcement, or, if there is no public announcement in the Federal Register, within five days of the date of the publication of this notice to parties in this proceeding in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation khammond on DSKJM1Z7X2PROD with NOTICES Estimated weightedaverage dumping margin In accordance with section 735(c)(1)(B) of the Act, we intend to instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all appropriate entries of metal lockers from China, as described in the appendix to this notice, which were entered, or withdrawn from warehouse, for consumption on or after February 11, 2021, the date of publication of the Preliminary Determination of this investigation in the Federal Register, with the exception of entries of subject merchandise that were exported by Hangzhou Xline and produced by Hangzhou Jusheng Metal Products Co., Ltd. (Hangzhou Jusheng). With regard to such entries, because we have determined the weighted-average dumping margin to be zero for this producer/exporter combination, we will exclude merchandise exported by Hangzhou Xline and produced by Hangzhou Jusheng from the antidumping duty order, in the event an order is instituted, and we will discontinue the suspension of liquidation and will refund all cash deposits already collected for this producer/exporter combination. Such exclusion will not be applicable to VerDate Sep<11>2014 17:44 Jul 06, 2021 Jkt 253001 merchandise exported to the United States by any other producer/exporter combinations or by third parties that sourced from the excluded producer/ exporter combination. Furthermore, other than for entries exported by Hangzhou Xline and produced by Hangzhou Jusheng, pursuant to section 735(c)(1)(B)(ii) of the Act, upon the publication of this notice, Commerce intends to instruct CBP to require a cash deposit equal to the weighted-average amount by which the normal value exceeds U.S. price as follows: (1) The cash deposit rate for the exporter/producer combinations listed in the table above will be the rate identified in the table; (2) for all combinations of Chinese exporters/ producers of subject merchandise that have not received their own separate rate above, the cash deposit rate will be the cash deposit rate established for the China-wide entity; and (3) for all nonChinese exporters of subject merchandise which have not received their own separate rate above, the cash deposit rate will be the cash deposit rate applicable to the Chinese exporter/ producer combination that supplied that non-Chinese exporter. These suspension of liquidation instructions will remain in effect until further notice. 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 countervailing duty (CVD) proceeding when CVD provisional measures are in effect. Accordingly, where Commerce makes an affirmative determination for domestic subsidy pass-through or export subsidies, Commerce offsets the PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 calculated estimated weighted-average dumping margin by the appropriate rates. Commerce continues to find that Zhejiang Xingyi Metal Products Co., Ltd./Xingyi Metalworking Technology (Zhejiang) Co., Ltd. (Zhejiang Xingyi), and all non-individually-examined companies found eligible for a separate rate qualify for a double-remedy adjustment.9 Further, we have continued to adjust the cash deposit rates for Zhejiang Xingyi, all nonindividually-examined separate rate companies, and the China-wide entity for export subsidies in the companion CVD investigation by the appropriate export subsidy rates as indicated in the above chart. However, suspension of liquidation according to provisional measures in the companion CVD case has been discontinued effective April 12, 2021; 10 therefore, we are not instructing CBP to collect cash deposits based upon the adjusted estimated weighted-average dumping margin for those export subsidies and double remedy adjustment at this time. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the International Trade Commission (ITC) of the final affirmative determination of sales at LTFV. Because the final determination in this proceeding is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States 9 See Preliminary Determination PDM at 29–30. instructions issued to CBP, Message Number 1104402, dated April 14, 2021, publicly available at https://aceservices.cbp.dhs.gov/ adcvdweb/#. 10 See E:\FR\FM\07JYN1.SGM 07JYN1 35740 Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Notices is materially injured, or threatened with material injury, by reason of imports of metal lockers from China no later than 45 days after our final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated, and all cash deposits will be refunded. If the ITC determines that material injury or threat of material injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise, entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Notification Regarding Administrative Protective Orders This notice serves as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a violation subject to sanction. Notification to Interested Parties This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c). Dated: June 28, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. 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 VerDate Sep<11>2014 17:44 Jul 06, 2021 Jkt 253001 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 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 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 E:\FR\FM\07JYN1.SGM 07JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Notices 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 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 VerDate Sep<11>2014 17:44 Jul 06, 2021 Jkt 253001 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. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope of the Investigation V. China-Wide Rate VI. Changes Since the Preliminary Determination VII. Discussion of the Issues Comment 1: Selection of Primary Surrogate Country and Surrogate Financial Statements Comment 2: Ministerial Error Allegation Regarding Ocean Freight VIII. Recommendation [FR Doc. 2021–14315 Filed 7–6–21; 8:45 am] BILLING CODE 3510–DS–P PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 35741 DEPARTMENT OF COMMERCE International Trade Administration [C–570–134] Certain Metal Lockers and Parts Thereof From the People’s Republic of China: Final Affirmative Countervailing Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of certain metal lockers and parts thereof (metal lockers) from the People’s Republic China (China). DATES: Applicable July 7, 2021. FOR FURTHER INFORMATION CONTACT: Alex Cipolla or Charles Doss, 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 or (202) 482–4474, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Background The petitioners in this investigation are List Industries, Inc., Lyon LLC, Penco Products, Inc., and Tennsco LLC.1 In addition to the Government of China, the selected mandatory respondent in this investigation is Zhejiang Xingyi Metal Products Co., Ltd. (Zhejiang Xingyi). On December 14, 2020, Commerce published the Preliminary Determination in the Federal Register.2 In the Preliminary Determination, in accordance with section 705(a)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(b)(4), Commerce aligned the final CVD determination in this investigation with the final antidumping duty (AD) determination in the companion AD investigation of metal lockers from China. On March 4, 2021, Commerce published its 1 On October 15, 2020, the petitioners notified Commerce that Lyon LLC was withdrawing as a petitioner in this investigation. On November 6, 2020, DeBourgh Manufacturing Co. was listed with List Industries, Inc., Penco Products, Inc., and Tennsco LLC as the petitioners in this investigation. 2 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 Determination), and accompanying Preliminary Decision Memorandum (PDM). E:\FR\FM\07JYN1.SGM 07JYN1

Agencies

[Federal Register Volume 86, Number 127 (Wednesday, July 7, 2021)]
[Notices]
[Pages 35737-35741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14315]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-133]


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

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

SUMMARY: The Department of Commerce (Commerce) determines that imports 
of 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.

DATES: Applicable July 7, 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 and (202) 
482-0012, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 11, 2021, Commerce published its Preliminary 
Determination of sales at LTFV of metal lockers from China.\1\ A 
summary of the events that occurred since Commerce published the 
Preliminary Determination, as well as a full discussion of the issues 
raised by parties for this final determination, may be found in the 
Issues and Decision Memorandum.\2\
---------------------------------------------------------------------------

    \1\ See 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, 86 FR 9051 (February 11, 
2021) (Preliminary Determination), and accompanying Preliminary 
Decision Memorandum (PDM).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative 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, and hereby 
adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

    The Issues and Decision Memorandum is a public document and is 
available electronically via Enforcement and Compliance's

[[Page 35738]]

Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/.

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.

Scope Comments

    On February 2, 2021, we issued the Preliminary Scope Decision 
Memorandum.\3\ We received comments from interested parties in regard 
to the Preliminary Scope Decision Memorandum, which we addressed in the 
Final Scope Decision Memorandum.\4\ Commerce has made no changes to the 
scope of this investigation since the Preliminary Determination.
---------------------------------------------------------------------------

    \3\ 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).
    \4\ See Memorandum, ``Antidumping Duty and Countervailing Duty 
Investigations of Certain Metal Lockers and Parts Thereof from the 
People's Republic of China: Scope Comments Decision Memorandum for 
the Final Determinations,'' dated concurrently with, and hereby 
adopted by, this notice (Final Scope Decision Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case briefs and rebuttal briefs submitted 
by interested parties in this investigation are discussed in the Issues 
and Decision Memorandum. A list of the issues raised by parties and 
responded to by Commerce in the Issues and Decision Memorandum is 
attached to this notice as Appendix II.

Verification

    Commerce was unable to conduct on-site verification of the 
information relied upon in making its final determination in this 
investigation. However, we took additional steps in lieu of an on-site 
verification to verify the information relied upon in making this final 
determination, in accordance with section 782(i) of the Tariff Act of 
1930, as amended (the Act).\5\
---------------------------------------------------------------------------

    \5\ See Commerce's Letters, ``Certain Metal Lockers and Parts 
Thereof from the People's Republic of China: Questionnaire in Lieu 
of Verification,'' dated April 6, 2021 and April 13, 2021; see also 
Zhejiang Xingyi Metal Products Co., Ltd.'s Letter, ``Certain Metal 
Lockers and Parts Thereof from China, Case Nos. A-570-133: ZXM 
Verification Questionnaire Response,'' dated April 14, 2021; 
Hangzhou Xline Machinery & Equipment Co., Ltd.'s Letter, ``Certain 
Metal Lockers and Parts Thereof from the People's Republic of China: 
Submission of Hangzhou Xline's Verification Response,'' dated April 
21, 2021; and Commerce's Letter, ``Extension of Deadline to File 
Zhejiang Xingyi Metal Products Co., Ltd.'s in Lieu of Verification 
Questionnaire Response,'' dated April 22, 2021.
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    Based on our analysis of the comments received and additional 
information obtained since our preliminary findings, we made certain 
changes to the margin calculations for Hangzhou Xline Machinery & 
Equipment Co., Ltd. (Hangzhou Xline). For a discussion of these 
changes, see the Issues and Decision Memorandum.

Separate Rate Companies

    No party commented on our preliminary separate rate determinations 
with respect to the mandatory respondents and the non-individually 
examined companies; thus, we find no basis to reconsider our 
preliminary determinations with respect to separate rate status, and we 
have continued to grant these companies separate rates in this final 
determination.

China-Wide Entity Rate and the Use of Adverse Facts Available

    Commerce continues to find that the use of facts available is 
warranted in determining the rate of the China-wide entity, pursuant to 
sections 776(a)(1) and (a)(2)(A)-(C) of the Act. As discussed in the 
Issues and Decision Memorandum, Commerce finds that the use of adverse 
facts available (AFA) is warranted with respect to the China-wide 
entity because the China-wide entity failed to cooperate by not acting 
to the best of its ability to comply with our requests for information 
and, accordingly, we applied adverse inferences in selecting from the 
facts available, pursuant to section 776(b) of the Act and 19 CFR 
351.308(a).
    For the final determination, as AFA, we are assigning the China-
wide entity the highest calculated petition margin reported in the 
Initiation Notice, 322.25 percent.\6\ We corroborated, to the extent 
practicable, within the meaning of section 776(c) of the Act, the 
highest petition margin of 322.25 percent.\7\ See Issues and Decision 
Memorandum.
---------------------------------------------------------------------------

    \6\ See Certain Metal Lockers and Parts Thereof from the 
People's Republic of China: Initiation of Less-Than-Fair-Value 
Investigation, 85 FR 47343, 47346 (August 5, 2020) (Initiation 
Notice).
    \7\ See Preliminary Determination PDM at 20-21 (citing 
Initiation Notice, 85 FR at 47346; and Petitioners' Letter, 
``Certain Metal Lockers and Parts Thereof from the People's Republic 
of China--Petitioners' Response to Supplemental Questionnaire 
Regarding Volume II: Antidumping Duty Petition,'' dated July 16, 
2020).
---------------------------------------------------------------------------

Combination Rates

    Consistent with the Preliminary Determination, Commerce calculated 
exporter/producer combination rates for the respondents that are 
eligible for a separate rate in this investigation. Policy Bulletin 
05.1 describes this practice.\8\
---------------------------------------------------------------------------

    \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 http://enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------

Final Determination

    The estimated weighted-average dumping margins are as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                    Estimated      Cash deposit
                                                                                    weighted-     rate (adjusted
                   Exporter                                Producer                  average       for subsidy
                                                                                     dumping         offsets)
                                                                                     margin         (percent)
----------------------------------------------------------------------------------------------------------------
Hangzhou Xline Machinery & Equipment Co., Ltd  Hangzhou Jusheng Metal Products             0.00             0.00
                                                Co., Ltd.
Zhejiang Xingyi Metal Products Co., Ltd./      Zhejiang Xingyi Metal Products             21.25            10.71
 Xingyi Metalworking Technology (Zhejiang)      Co., Ltd./Xingyi Metalworking
 Co., Ltd.                                      Technology (Zhejiang) Co., Ltd.
Geelong Sales (Macao Commercial Offshore)      Zhongshan Geelong Manufacturing            21.25            10.71
 Limited (a.k.a. Geelong Sales (MCO) Limited,   Co. Ltd.
 Geelong Sales (Macao Commercial) Limited,
 and Geelong Sales (MC) Limited).

[[Page 35739]]

 
Hangzhou Evernew Machinery & Equipment         Zhejiang Yinghong Metalworks               21.25            10.71
 Company Limited.                               Co., Ltd.
Hangzhou Zhuoxu Trading Co., Ltd.............  Shanghai Asi Building Materials            21.25            10.71
                                                Co., Ltd.
Hangzhou Zhuoxu Trading Co., Ltd.............  Luoyang Mingxiu Office Furniture           21.25            10.71
                                                Co., Ltd.
Hangzhou Zhuoxu Trading Co., Ltd.............  Luoyang Wandefu Import and                 21.25            10.71
                                                Export Trading Co. Ltd.
Hangzhou Zhuoxu Trading Co., Ltd.............  Zhejiang Xingyi Metal Products             21.25            10.71
                                                Co., Ltd.
Jiaxing Haihong Mechanical and Electrical      Zhejiang Steelrix Office                   21.25            10.71
 Technology Co. Ltd.                            Furniture Co., Ltd.
Kunshan Dongchu Precision Machinery Co., Ltd.  Kunshan Dongchu Precision                  21.25            10.71
                                                Machinery Co., Ltd.
Luoyang Hynow Import and Export Co., Ltd.....  Luoyang Jiudu Golden Cabinet               21.25            10.71
                                                Co., Ltd.
Luoyang Shidiu Import and Export Co., Ltd....  Luoyang Yuabo Office Machinery             21.25            10.71
                                                Co., Ltd.
Luoyang Steelart Office Furniture Co., Ltd...  Luoyang Yongwei Office Furniture           21.25            10.71
                                                Co., Ltd.
Luoyang Steelart Office Furniture Co., Ltd...  Luoyang Zhuofan Steel Product              21.25            10.71
                                                Factory.
Luoyang Steelart Office Furniture Co., Ltd...  Luoyang Flyer Office Furniture             21.25            10.71
                                                Co., Ltd.
Pinghu Chenda Storage Office Co., Ltd........  Pinghu Chenda Storage Office               21.25            10.71
                                                Co., Ltd.
Tianjin Jia Mei Metal Furniture Ltd..........  Tianjin Jia Mei Metal Furniture            21.25            10.71
                                                Ltd.
China-Wide Entity............................  ................................          322.25           311.71
----------------------------------------------------------------------------------------------------------------

Disclosure

    We intend to disclose to interested parties the calculations and 
analysis performed in this final determination within five days of any 
public announcement, or, if there is no public announcement in the 
Federal Register, within five days of the date of the publication of 
this notice to parties in this proceeding in accordance with 19 CFR 
351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we intend to 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all appropriate entries of metal lockers from 
China, as described in the appendix to this notice, which were entered, 
or withdrawn from warehouse, for consumption on or after February 11, 
2021, the date of publication of the Preliminary Determination of this 
investigation in the Federal Register, with the exception of entries of 
subject merchandise that were exported by Hangzhou Xline and produced 
by Hangzhou Jusheng Metal Products Co., Ltd. (Hangzhou Jusheng). With 
regard to such entries, because we have determined the weighted-average 
dumping margin to be zero for this producer/exporter combination, we 
will exclude merchandise exported by Hangzhou Xline and produced by 
Hangzhou Jusheng from the antidumping duty order, in the event an order 
is instituted, and we will discontinue the suspension of liquidation 
and will refund all cash deposits already collected for this producer/
exporter combination. Such exclusion will not be applicable to 
merchandise exported to the United States by any other producer/
exporter combinations or by third parties that sourced from the 
excluded producer/exporter combination.
    Furthermore, other than for entries exported by Hangzhou Xline and 
produced by Hangzhou Jusheng, pursuant to section 735(c)(1)(B)(ii) of 
the Act, upon the publication of this notice, Commerce intends to 
instruct CBP to require a cash deposit equal to the weighted-average 
amount by which the normal value exceeds U.S. price as follows: (1) The 
cash deposit rate for the exporter/producer combinations listed in the 
table above will be the rate identified in the table; (2) for all 
combinations of Chinese exporters/producers of subject merchandise that 
have not received their own separate rate above, the cash deposit rate 
will be the cash deposit rate established for the China-wide entity; 
and (3) for all non-Chinese exporters of subject merchandise which have 
not received their own separate rate above, the cash deposit rate will 
be the cash deposit rate applicable to the Chinese exporter/producer 
combination that supplied that non-Chinese exporter. These suspension 
of liquidation instructions will remain in effect until further notice.
    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 
countervailing duty (CVD) proceeding when CVD provisional measures are 
in effect. Accordingly, where Commerce makes an affirmative 
determination for domestic subsidy pass-through or export subsidies, 
Commerce offsets the calculated estimated weighted-average dumping 
margin by the appropriate rates. Commerce continues to find that 
Zhejiang Xingyi Metal Products Co., Ltd./Xingyi Metalworking Technology 
(Zhejiang) Co., Ltd. (Zhejiang Xingyi), and all non-individually-
examined companies found eligible for a separate rate qualify for a 
double-remedy adjustment.\9\ Further, we have continued to adjust the 
cash deposit rates for Zhejiang Xingyi, all non-individually-examined 
separate rate companies, and the China-wide entity for export subsidies 
in the companion CVD investigation by the appropriate export subsidy 
rates as indicated in the above chart. However, suspension of 
liquidation according to provisional measures in the companion CVD case 
has been discontinued effective April 12, 2021; \10\ therefore, we are 
not instructing CBP to collect cash deposits based upon the adjusted 
estimated weighted-average dumping margin for those export subsidies 
and double remedy adjustment at this time.
---------------------------------------------------------------------------

    \9\ See Preliminary Determination PDM at 29-30.
    \10\ See instructions issued to CBP, Message Number 1104402, 
dated April 14, 2021, publicly available at https://aceservices.cbp.dhs.gov/adcvdweb/#.
---------------------------------------------------------------------------

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission (ITC) of the final affirmative 
determination of sales at LTFV. Because the final determination in this 
proceeding is affirmative, in accordance with section 735(b)(2) of the 
Act, the ITC will make its final determination as to whether the 
domestic industry in the United States

[[Page 35740]]

is materially injured, or threatened with material injury, by reason of 
imports of metal lockers from China no later than 45 days after our 
final determination. If the ITC determines that material injury or 
threat of material injury does not exist, the proceeding will be 
terminated, and all cash deposits will be refunded. If the ITC 
determines that material injury or threat of material injury does 
exist, Commerce will issue an antidumping duty order directing CBP to 
assess, upon further instruction by Commerce, antidumping duties on all 
imports of the subject merchandise, entered, or withdrawn from 
warehouse, for consumption on or after the effective date of the 
suspension of liquidation.

Notification Regarding Administrative Protective Orders

    This notice serves as the only reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the 
return or destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and the terms of an APO is a violation subject to sanction.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c).

    Dated: June 28, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

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

[[Page 35741]]

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 
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 Issues and Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. China-Wide Rate
VI. Changes Since the Preliminary Determination
VII. Discussion of the Issues
    Comment 1: Selection of Primary Surrogate Country and Surrogate 
Financial Statements
    Comment 2: Ministerial Error Allegation Regarding Ocean Freight
VIII. Recommendation

[FR Doc. 2021-14315 Filed 7-6-21; 8:45 am]
BILLING CODE 3510-DS-P