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]
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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review is rescinded with these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.
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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withdrawn from warehouse, for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
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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
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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).
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Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
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
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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
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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
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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
https://enforcement.trade.gov/policy/bull05-1.pdf.
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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
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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
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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
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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
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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.
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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
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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
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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
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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 https://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 https://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