Certain Metal Lockers and Parts Thereof From the People's Republic of China: Final Affirmative Countervailing Duty Determination, 35741-35745 [2021-14316]
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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
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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
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DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–134]
Certain Metal Lockers and Parts
Thereof From the People’s Republic of
China: 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).
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amendment of the scope of the
Preliminary Determination.3
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 which is hereby adopted
by this notice.4 The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/.
Period of Investigation
The period of investigation is January
1, 2019, through December 31, 2019.
Scope of the Investigation
The products covered by this
investigation are metal lockers from
China. For a full description of the
scope of this investigation, see
Appendix I.
Scope Comments
On February 2, 2021, we issued the
Preliminary Scope Decision
Memorandum.5 We received comments
from interested parties in regards to the
Preliminary Scope Decision
Memorandum, which we addressed in
the Final Scope Decision
Memorandum.6 Commerce has made no
changes to the scope of this
investigation since the Preliminary
Determination.
Analysis of Subsidy Programs and
Comments Received
The subsidy programs under
investigation and the issues raised in
the case and rebuttal briefs by parties in
this investigation are discussed in the
Issues and Decision Memorandum. A
list of the issues raised by parties, and
to which we responded in the Issues
and Decision Memorandum, is attached
to this notice at Appendix II.
Methodology
Commerce conducted this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable,
Commerce determines that there is a
subsidy, i.e., a financial contribution by
an ‘‘authority’’ that gives rise to a
benefit to the recipient, and that the
subsidy is specific.7 For a full
description of the methodology
underlying our final determination, see
the Issues and Decision Memorandum.
In making this final determination,
Commerce relied, in part, on facts
available pursuant to section 776(a) of
the Act. Additionally, as discussed in
the Issues and Decision Memorandum,
because one or more respondents did
not act to the best of their ability in
responding to our requests for
information, we drew adverse
inferences, where appropriate, in
selecting from among the facts
otherwise available, pursuant to section
776(b) of the Act. This includes eight
companies that did not respond to
Commerce’s quantity and value
questionnaire; as described in the
Preliminary Determination,8 we have
applied an adverse inference in
selection of facts available for
determining the subsidy rates for these
companies, pursuant to section 776(d)
of the Act. For further information, see
the section ‘‘Use of Facts Otherwise
Available and Adverse Inferences’’ in
the accompanying Issues and Decision
Memorandum.
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 Act.9
Changes Since the Preliminary
Determination
Based on our review and analysis of
the comments received from parties, we
made certain changes to Zhejiang
Xingi’s subsidy rate calculations, the
adverse facts available rate assigned to
firms that did not respond to
Commerce’s quantity and value
questionnaire, and the all-others rate.
For a discussion of these changes, see
the Issues and Decision Memorandum.
All-Others Rate
In accordance with section
705(c)(1)(B)(i)(I) of the Act, Commerce
calculated a countervailable subsidy
rate for the individually investigated
exporter/producer of the subject
merchandise. Section 705(c)(5)(A) of the
Act provides that, in the final
determination, Commerce shall
determine an estimated all-others rate
for companies not individually
examined. The rate shall be an amount
equal to the weighted average of the
estimated subsidy rates established for
those companies individually
examined, excluding any rates that are
zero, de minimis, or rates based entirely
under section 776 of the Act.
In this investigation, as discussed in
the Issues and Decision Memorandum,
Commerce calculated an individual
estimated countervailable subsidy rate
for Zhejiang Xingyi, the only
individually examined exporter/
producer in this investigation, that was
not zero, de minimis, or based entirely
under section 776 of the Act. As a
result, the estimated weighted-average
rate calculated for Zhejiang Xingyi is the
rate assigned to all other producers and
exporters, pursuant to section
705(c)(5)(A)(i) of the Act.
Final Determination
Commerce determines that the
following estimated countervailable
subsidy rates exist:
Subsidy rate
(percent)
Company
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Zhejiang Xingyi Metal Products Co., Ltd .............................................................................................................................................
3 See Certain Metal Lockers and Parts Thereof
from the People’s Republic of China: Amended
Preliminary Affirmative Countervailing Duty
Determination, 86 FR 12611 (March 4, 2021).
4 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination of the Countervailing Duty
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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5 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).
6 See Memorandum, ‘‘Antidumping Duty and
Countervailing Duty Investigations of Certain Metal
Lockers and Parts Thereof from the People’s
Republic of China: Final Scope Decision
Memorandum,’’ dated concurrently with, and
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hereby adopted by, this notice (Final Scope
Decision Memorandum).
7 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
8 See Preliminary Determination PDM at 11–19,
section ‘‘Application of AFA: Non-Responsive
Companies.’’
9 See Commerce’s Letter, In Lieu of Verification
Questionnaire, dated March 5, 2021.
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Subsidy rate
(percent)
Company
All Others .............................................................................................................................................................................................
Changshu Taron Machinery Equipment Manufacturing Co., Ltd ........................................................................................................
Guangdong Yuhua Building Materials Co., Ltd ...................................................................................................................................
Jiangsu Tongrun Tool Cabinet Co., Ltd ..............................................................................................................................................
Luoyang Mas Younger Office Furniture Co./Louyang Mas Younger Export and Import Co ..............................................................
Luoyang Shidiu Import and Export Co., Ltd ........................................................................................................................................
Suzhou Yuanda Commercial Products Co. Ltd ..................................................................................................................................
Winnsen Industry Co., Ltd ...................................................................................................................................................................
Xiamen Headleader Technology .........................................................................................................................................................
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Disclosure
Commerce intends 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, within five days
of the date of the publication of this
notice in accordance with 19 CFR
351.224(b).
Continuation of Suspension of
Liquidation
As a result of our Preliminary
Determination and pursuant to section
703(d)(1)(B) and (d)(2) of the Act, we
instructed U.S. Customs and Border
Protection (CBP) to suspend liquidation
of entries of subject merchandise as
described in the ‘‘Scope of the
Investigation’’ section entered, or
withdrawn from warehouse, for
consumption, effective December 14,
2020, which is the date of publication
of the Preliminary Determination in the
Federal Register. In accordance with
section 703(d) of the Act, effective April
13, 2021, we instructed CBP to
discontinue the suspension of
liquidation of all entries at that time, but
to continue the suspension of
liquidation of all entries between
December 14, 2020, and April 12, 2021.
If the U.S. International Trade
Commission (ITC) issues a final
affirmative injury determination, we
will issue a CVD order, reinstate the
suspension of liquidation and require a
cash deposit of estimated countervailing
duties for such entries of subject
merchandise in the amounts indicated
above, in accordance with section 706(a)
of the Act. If the ITC determines that
material injury, or threat of material
injury, does not exist, this proceeding
will be terminated, and all estimated
duties deposited or securities posted as
a result of the suspension of liquidation
will be refunded or canceled.
International Trade Commission
Notification
In accordance with section 705(d) of
the Act, we will notify the ITC of our
affirmative determination that
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countervailable subsidies are being
provided to producers and exporters of
metal lockers from China. Because the
final determination in this proceeding is
affirmative, in accordance with section
705(b) of the Act, the ITC will make its
final determination as to whether the
domestic industry in the United States
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, this proceeding will be
terminated, and all cash deposits will be
refunded. If the ITC determines that
such injury does exist, Commerce will
issue a countervailing duty order
directing CBP to assess, upon further
instruction by Commerce,
countervailing duties on all imports of
the subject merchandise that are
entered, or withdrawn from warehouse,
for consumption on or after the effective
date of the suspension of liquidation, as
discussed above in the ‘‘Continuation of
Suspension of Liquidation’’ section.
Notification Regarding Administrative
Protective Orders
In the event that the ITC issues a final
negative injury determination, this
notice will serve as the only reminder
to parties subject to an administrative
protective order (APO) of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
Notification to Interested Parties
This determination is issued and
published pursuant to sections 705(d)
and 777(i) of the Act, and 19 CFR
351.210(c).
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131.51
131.51
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131.51
Dated: June 28, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix I
Scope of the Investigation
The scope of this investigation covers
certain metal lockers, with or without doors,
and parts thereof (metal lockers). The subject
metal lockers are secure metal storage
devices less than 27 inches wide and less
than 27 inches deep, whether floor standing,
installed onto a base or wall-mounted. In a
multiple locker assembly (whether a welded
locker unit, otherwise assembled locker unit
or knocked down unit or kit), the width
measurement shall be based on the width of
an individual locker not the overall unit
dimensions. All measurements in this scope
are based on actual measurements taken on
the outside dimensions of the single-locker
unit. The height is the vertical measurement
from the bottom to the top of the unit. The
width is the horizontal (side to side)
measurement of the front of the unit, and the
front of the unit is the face with the door or
doors or the opening for internal access of the
unit if configured without a door. The depth
is the measurement from the front to the back
of the unit. The subject certain metal lockers
typically include the bodies (back, side,
shelf, top and bottom panels), door frames
with or without doors which can be
integrated into the sides or made separately,
and doors.
The subject metal lockers typically are
made of flat-rolled metal, metal mesh and/or
expanded metal, which includes but is not
limited to alloy or non-alloy steel (whether
or not galvanized or otherwise metallically
coated for corrosion resistance), stainless
steel, or aluminum, but the doors may also
include transparent polycarbonate, Plexiglas
or similar transparent material or any
combination thereof. Metal mesh refers to
both wire mesh and expanded metal mesh.
Wire mesh is a wire product in which the
horizontal and transverse wires are welded at
the cross-section in a grid pattern. Expanded
metal mesh is made by slitting and stretching
metal sheets to make a screen of diamond or
other shaped openings.
Where the product has doors, the doors are
typically configured with or for a handle or
other device or other means that permit the
use of a mechanical or electronic lock or
locking mechanism, including, but not
limited to: A combination lock, a padlock, a
key lock (including cylinder locks) lever or
knob lock, electronic key pad, or other
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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.
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f. Decorative end panels: End panels fit
onto the exposed ends of locker units to
cover holes, bolts, nuts, screws and other
fasteners. They typically are painted to match
the lockers.
g. End caps: End caps fit onto the exposed
ends of locker units to cover holes, bolts,
nuts, screws and other fasteners.
The scope also includes all hardware for
assembly and installation of the lockers and
locker banks that are imported with or
shipped, invoiced, or sold with the imported
locker or locker system except the lock.
Excluded from the scope are wire mesh
lockers. Wire mesh lockers are those with
each of the following characteristics:
(1) At least three sides, including the door,
made from wire mesh;
(2) the width and depth each exceed 25
inches; and
(3) the height exceeds 90 inches.
Also excluded are lockers with bodies
made entirely of plastic, wood, or any
nonmetallic material.
Also excluded are exchange lockers with
multiple individual locking doors mounted
on one master locking door to access
multiple units. Excluded exchange lockers
have multiple individual storage spaces,
typically arranged in tiers, with access doors
for each of the multiple individual storage
space mounted on a single frame that can be
swung open to allow access to all of the
individual storage spaces at once. For
example, uniform or garment exchange
lockers are designed for the distinct function
of securely and hygienically exchanging
clean and soiled uniforms. Thus, excluded
exchange lockers are a multi-access point
locker whereas covered lockers are a single
access point locker for personal storage. The
excluded exchange lockers include
assembled exchange lockers and those that
enter in ‘knock down’ form in which all of
the parts and components to assemble a
completed exchange locker unit are packaged
together. Parts for exchange lockers that are
imported separately from the exchange
lockers in ‘knock down’ form are not
excluded.
Also excluded are metal lockers that are
imported with an installed electronic,
internet-enabled locking device that permits
communication or connection between the
locker’s locking device and other internet
connected devices.
Also excluded are locks and hardware and
accessories for assembly and installation of
the lockers, locker banks and storage systems
that are separately imported in bulk and are
not incorporated into a locker, locker system
or knocked down kit at the time of
importation. Such excluded hardware and
accessories include but are not limited to
locks and bulk imported rivets, nuts, bolts,
hinges, door handles, door/frame latching
components, and coat hooks. Accessories of
sheet metal, including but not limited to end
panels, bases, dividers and sloping tops, are
not excluded accessories.
Mobile tool chest attachments that meet
the physical description above are covered by
the scope of this investigation, unless such
attachments are covered by the scope of the
orders on certain tool chests and cabinets
from China. If the orders on certain tool
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chests and cabinets from China are revoked,
the mobile tool chest attachments from China
will be covered by the scope of this
investigation.
The scope also excludes metal safes with
each of the following characteristics: (1) Pry
resistant, concealed hinges; (2) body walls
and doors of steel that are at least 17 gauge
(0.05625 inch or 1.42874 mm thick); and (3)
an integrated locking mechanism that
includes at least two round steel bolts 0.75
inch (19 mm) or larger in diameter; or three
bolts 0.70 inch (17.78 mm) or more in
diameter; or four or more bolts at least 0.60
inch (15.24 mm) or more in diameter, that
project from the door into the body or frame
of the safe when in the locked position.
The scope also excludes gun safes meeting
each of the following requirements:
(1) Shall be able to fully contain firearms
and provide for their secure storage.
(2) Shall have a locking system consisting
of at minimum a mechanical or electronic
combination lock. The mechanical or
electronic combination lock utilized by the
safe shall have at least 10,000 possible
combinations consisting of a minimum three
numbers, letters, or symbols. The lock shall
be protected by a casehardened (Rc 60+)
drill-resistant steel plate, or drill-resistant
material of equivalent strength.
(3) Boltwork shall consist of a minimum of
three steel locking bolts of at least 1⁄2 inch
thickness that intrude from the door of the
safe into the body of the safe or from the
body of the safe into the door of the safe,
which are operated by a separate handle and
secured by the lock.
(4) The exterior walls shall be constructed
of a minimum 12-gauge thick steel for a
single-walled safe, or the sum of the steel
walls shall add up to at least 0.100 inches for
safes with walls made from two pieces of flatrolled steel.
(5) Doors shall be constructed of a
minimum one layer of 7-gauge steel plate
reinforced construction or at least two layers
of a minimum 12-gauge steel compound
construction.
(6) Door hinges shall be protected to
prevent the removal of the door. Protective
features include, but are not limited to:
Hinges not exposed to the outside,
interlocking door designs, dead bars,
jeweler’s lugs and active or inactive locking
bolts.
The scope also excludes metal storage
devices that (1) have two or more exterior
exposed drawers regardless of the height of
the unit, or (2) are no more than 30 inches
tall and have at least one exterior exposed
drawer.
Also excluded from the scope are free
standing metal cabinets less than 30 inches
tall with a single opening, single door and an
installed tabletop.
The scope also excludes metal storage
devices less than 27 inches wide and deep
that (1) have two doors hinged on the right
and left side of the door frame respectively
covering a single opening and that open from
the middle toward the outer frame; or (2) are
free standing or wall-mounted, singleopening units 20 inches or less high with a
single door.
The subject certain metal lockers are
classified under Harmonized Tariff Schedule
E:\FR\FM\07JYN1.SGM
07JYN1
Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Notices
of the United States (HTSUS) subheading
9403.20.0078. Parts of subject certain metal
lockers are classified under HTS subheading
9403.90.8041. In addition, subject certain
metal lockers may also enter under HTS
subheading 9403.20.0050. While HTSUS
subheadings are provided for convenience
and Customs purposes, the written
description of the scope of this investigation
is dispositive.
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Subsidies Valuation
V. Use of Facts Otherwise Available and
Adverse Inferences
VI. Analysis of Programs
VII. Analysis of Comments
Comment 1: Export Buyer’s Credit Program
Comment 2: Whether Commerce Should
Use Non-Alloy Hot-Rolled Steel and
Galvanized Steel Benchmarks
Comment 3: Whether Zhejiang Xingyi
Verified the Accuracy of Its Reported
Purchases of Galvanized Steel and
Stainless Steel Coil
Comment 4: Electricity for Less Than
Adequate Remuneration (LTAR) Program
Comment 5: Whether Commerce Should
Continue To Apply AFA to the Provision
of Steel Inputs for LTAR
Comment 6: Most Favored Nation Duty
Rates
VIII. Recommendation
[FR Doc. 2021–14316 Filed 7–6–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–469–815]
Finished Carbon Steel Flanges From
Spain: Preliminary Results of
Antidumping Duty Administrative
Review; 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that producers or exporters of finished
carbon steel flanges (flanges) from Spain
subject to this review made sales of
subject merchandise at less than normal
value during the period of review (POR)
June 1, 2019, through May 31, 2020. We
invite interested parties to comment on
these preliminary results.
DATES: Applicable July 7, 2021.
FOR FURTHER INFORMATION CONTACT:
Marc Castillo or Mark Flessner, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, Department of
khammond on DSKJM1Z7X2PROD with NOTICES
AGENCY:
VerDate Sep<11>2014
17:44 Jul 06, 2021
Jkt 253001
35745
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0519 or (202) 482–6312,
respectively.
SUPPLEMENTARY INFORMATION:
complete version of the Preliminary
Decision Memorandum can be accessed
directly on the internet at https://
enforcement.trade.gov/frn/.
Background
On June 14, 2017, we published in the
Federal Register an antidumping duty
(AD) order on flanges from Spain.1 On
June 2, 2020, Commerce published a
notice of opportunity to request an
administrative review of the Order.2
Based on timely requests for
administrative review, we initiated an
administrative review of eight
companies: (1) Aleaciones De Metales
Sinterizados S.A.; (2) Central Y
Almacenes; (3) Farina Group Spain; (4)
Friedrich Geldbach Gmbh; (5) Grupo
Cunado; (6) Transglory S.A.; (7)
Tubacero, S.L.; and (8) ULMA Forja,
S.Coop (ULMA).3 On September 24,
2020, we identified ULMA as the sole
mandatory respondent in this review.4
On February 11, 2021, and May 27,
2021, we extended the deadline for the
preliminary results, by a total of 120
days.5 The deadline for the preliminary
results of this administrative review is
now June 30, 2021.
For a complete description of the
events that followed the initiation of
this administrative review, see the
Preliminary Decision Memorandum.6
The Preliminary Decision Memorandum
is a public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
The scope of the Order covers
finished carbon steel flanges. Finished
carbon steel flanges are currently
classified under subheadings
7307.91.5010 and 7307.91.5050 of the
Harmonized Tariff Schedule of the
United States (HTSUS). They may also
be entered under HTSUS subheadings
7307.91.5030 and 7307.91.5070. The
HTSUS subheadings are provided for
convenience and customs purposes; the
written description of the scope is
dispositive.
A full description of the scope of the
Order is contained in the Preliminary
Decision Memorandum.
Finished Carbon Steel Flanges from Spain:
Antidumping Duty Order, 82 FR 27229 (June 14,
2017) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 85 FR 33628
(June 2, 2020).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
47731 (August 6, 2020).
4 See Memorandum, ‘‘Identification of Mandatory
Respondent for the 2019–2020 Administrative
Review of the Antidumping Duty Order on Finished
Carbon Steel Flanges from Spain,’’ dated September
24, 2020.
5 See Memorandum, ‘‘Finished Carbon Steel
Flanges from Spain: Extension of Time Limit for
Preliminary Results of Antidumping Duty
Administrative Review, 2019–2020,’’ dated
February 11, 2021; see also Memorandum,
‘‘Finished Carbon Steel Flanges from Spain:
Extension of Time Limit for Preliminary Results of
Antidumping Duty Administrative Review, 2019–
2020,’’ dated May 27, 2021.
6 See Memorandum, ‘‘Finished Carbon Steel
Flanges from Spain: Decision Memorandum for
Preliminary Results of Antidumping Duty
Administrative Review; 2019–2020,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
PO 00000
1 See
Frm 00017
Fmt 4703
Sfmt 4703
Scope of the Order
Methodology
Commerce conducted this review in
accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
Export price is calculated in accordance
with section 772 of the Act. Normal
value is calculated in accordance with
section 773 of the Act. For a full
description of the methodology
underlying these preliminary results,
see the Preliminary Decision
Memorandum.
Preliminary Results of Administrative
Review
We preliminarily determine that the
following weighted-average dumping
margins exist for the period June 1,
2019, through May 31, 2020:
Exporter or manufacturer
ULMA Forja, S.Coop ..................
Aleaciones De Metales
Sinterizados S.A .....................
Central Y Almacenes ..................
Farina Group Spain ....................
Friedrich Geldbach Gmbh ..........
Grupo Cunado ............................
Transglory S.A ............................
Tubacero, S.L .............................
Weightedaverage
dumping
margin
(percent)
6.43
6.43
6.43
6.43
6.43
6.43
6.43
6.43
Non-Individually Examined Companies
For the weighted-average dumping
margin for non-selected respondents in
an administrative review, generally,
Commerce looks to section 735(c)(5) of
the Act, which provides instructions for
calculating the all-others rate in an
investigation. Under section
735(c)(5)(A) of the Act, the all-others
rate is normally ‘‘an amount equal to the
weighted average of the estimated
E:\FR\FM\07JYN1.SGM
07JYN1
]]>Agencies
[Federal Register Volume 86, Number 127 (Wednesday, July 7, 2021)]
[Notices]
[Pages 35741-35745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14316]
-----------------------------------------------------------------------
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
AGENCY: 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.
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).
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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
[[Page 35742]]
amendment of the scope of the Preliminary Determination.\3\
---------------------------------------------------------------------------
\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).
\3\ See Certain Metal Lockers and Parts Thereof from the
People's Republic of China: Amended Preliminary Affirmative
Countervailing Duty Determination, 86 FR 12611 (March 4, 2021).
---------------------------------------------------------------------------
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 which is hereby adopted by this
notice.\4\ The Issues and Decision Memorandum is a public document and
is on file electronically via Enforcement and Compliance's Antidumping
and Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at https://enforcement.trade.gov/frn/.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination of the Countervailing Duty
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).
---------------------------------------------------------------------------
Period of Investigation
The period of investigation is January 1, 2019, through December
31, 2019.
Scope of the Investigation
The products covered by this investigation are metal lockers from
China. For a full description of the scope of this investigation, see
Appendix I.
Scope Comments
On February 2, 2021, we issued the Preliminary Scope Decision
Memorandum.\5\ We received comments from interested parties in regards
to the Preliminary Scope Decision Memorandum, which we addressed in the
Final Scope Decision Memorandum.\6\ Commerce has made no changes to the
scope of this investigation since the Preliminary Determination.
---------------------------------------------------------------------------
\5\ 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).
\6\ See Memorandum, ``Antidumping Duty and Countervailing Duty
Investigations of Certain Metal Lockers and Parts Thereof from the
People's Republic of China: Final Scope Decision Memorandum,'' dated
concurrently with, and hereby adopted by, this notice (Final Scope
Decision Memorandum).
---------------------------------------------------------------------------
Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation and the issues raised in
the case and rebuttal briefs by parties in this investigation are
discussed in the Issues and Decision Memorandum. A list of the issues
raised by parties, and to which we responded in the Issues and Decision
Memorandum, is attached to this notice at Appendix II.
Methodology
Commerce conducted this investigation in accordance with section
701 of the Act. For each of the subsidy programs found countervailable,
Commerce determines that there is a subsidy, i.e., a financial
contribution by an ``authority'' that gives rise to a benefit to the
recipient, and that the subsidy is specific.\7\ For a full description
of the methodology underlying our final determination, see the Issues
and Decision Memorandum.
---------------------------------------------------------------------------
\7\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
In making this final determination, Commerce relied, in part, on
facts available pursuant to section 776(a) of the Act. Additionally, as
discussed in the Issues and Decision Memorandum, because one or more
respondents did not act to the best of their ability in responding to
our requests for information, we drew adverse inferences, where
appropriate, in selecting from among the facts otherwise available,
pursuant to section 776(b) of the Act. This includes eight companies
that did not respond to Commerce's quantity and value questionnaire; as
described in the Preliminary Determination,\8\ we have applied an
adverse inference in selection of facts available for determining the
subsidy rates for these companies, pursuant to section 776(d) of the
Act. For further information, see the section ``Use of Facts Otherwise
Available and Adverse Inferences'' in the accompanying Issues and
Decision Memorandum.
---------------------------------------------------------------------------
\8\ See Preliminary Determination PDM at 11-19, section
``Application of AFA: Non-Responsive Companies.''
---------------------------------------------------------------------------
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 Act.\9\
---------------------------------------------------------------------------
\9\ See Commerce's Letter, In Lieu of Verification
Questionnaire, dated March 5, 2021.
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Based on our review and analysis of the comments received from
parties, we made certain changes to Zhejiang Xingi's subsidy rate
calculations, the adverse facts available rate assigned to firms that
did not respond to Commerce's quantity and value questionnaire, and the
all-others rate. For a discussion of these changes, see the Issues and
Decision Memorandum.
All-Others Rate
In accordance with section 705(c)(1)(B)(i)(I) of the Act, Commerce
calculated a countervailable subsidy rate for the individually
investigated exporter/producer of the subject merchandise. Section
705(c)(5)(A) of the Act provides that, in the final determination,
Commerce shall determine an estimated all-others rate for companies not
individually examined. The rate shall be an amount equal to the
weighted average of the estimated subsidy rates established for those
companies individually examined, excluding any rates that are zero, de
minimis, or rates based entirely under section 776 of the Act.
In this investigation, as discussed in the Issues and Decision
Memorandum, Commerce calculated an individual estimated countervailable
subsidy rate for Zhejiang Xingyi, the only individually examined
exporter/producer in this investigation, that was not zero, de minimis,
or based entirely under section 776 of the Act. As a result, the
estimated weighted-average rate calculated for Zhejiang Xingyi is the
rate assigned to all other producers and exporters, pursuant to section
705(c)(5)(A)(i) of the Act.
Final Determination
Commerce determines that the following estimated countervailable
subsidy rates exist:
------------------------------------------------------------------------
Subsidy rate
Company (percent)
------------------------------------------------------------------------
Zhejiang Xingyi Metal Products Co., Ltd................. 24.66
[[Page 35743]]
All Others.............................................. 24.66
Changshu Taron Machinery Equipment Manufacturing Co., 131.51
Ltd....................................................
Guangdong Yuhua Building Materials Co., Ltd............. 131.51
Jiangsu Tongrun Tool Cabinet Co., Ltd................... 131.51
Luoyang Mas Younger Office Furniture Co./Louyang Mas 131.51
Younger Export and Import Co...........................
Luoyang Shidiu Import and Export Co., Ltd............... 131.51
Suzhou Yuanda Commercial Products Co. Ltd............... 131.51
Winnsen Industry Co., Ltd............................... 131.51
Xiamen Headleader Technology............................ 131.51
------------------------------------------------------------------------
Disclosure
Commerce intends 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, within
five days of the date of the publication of this notice in accordance
with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
As a result of our Preliminary Determination and pursuant to
section 703(d)(1)(B) and (d)(2) of the Act, we instructed U.S. Customs
and Border Protection (CBP) to suspend liquidation of entries of
subject merchandise as described in the ``Scope of the Investigation''
section entered, or withdrawn from warehouse, for consumption,
effective December 14, 2020, which is the date of publication of the
Preliminary Determination in the Federal Register. In accordance with
section 703(d) of the Act, effective April 13, 2021, we instructed CBP
to discontinue the suspension of liquidation of all entries at that
time, but to continue the suspension of liquidation of all entries
between December 14, 2020, and April 12, 2021.
If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a CVD order, reinstate
the suspension of liquidation and require a cash deposit of estimated
countervailing duties for such entries of subject merchandise in the
amounts indicated above, in accordance with section 706(a) of the Act.
If the ITC determines that material injury, or threat of material
injury, does not exist, this proceeding will be terminated, and all
estimated duties deposited or securities posted as a result of the
suspension of liquidation will be refunded or canceled.
International Trade Commission Notification
In accordance with section 705(d) of the Act, we will notify the
ITC of our affirmative determination that countervailable subsidies are
being provided to producers and exporters of metal lockers from China.
Because the final determination in this proceeding is affirmative, in
accordance with section 705(b) of the Act, the ITC will make its final
determination as to whether the domestic industry in the United States
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, this proceeding will be
terminated, and all cash deposits will be refunded. If the ITC
determines that such injury does exist, Commerce will issue a
countervailing duty order directing CBP to assess, upon further
instruction by Commerce, countervailing duties on all imports of the
subject merchandise that are entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation, as discussed above in the ``Continuation of Suspension of
Liquidation'' section.
Notification Regarding Administrative Protective Orders
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to an administrative protective order (APO) of their
responsibility concerning the destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely
written notification of the return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a violation which is
subject to sanction.
Notification to Interested Parties
This determination is issued and published pursuant to sections
705(d) and 777(i) 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 this investigation covers certain metal lockers,
with or without doors, and parts thereof (metal lockers). The
subject metal lockers are secure metal storage devices less than 27
inches wide and less than 27 inches deep, whether floor standing,
installed onto a base or wall-mounted. In a multiple locker assembly
(whether a welded locker unit, otherwise assembled locker unit or
knocked down unit or kit), the width measurement shall be based on
the width of an individual locker not the overall unit dimensions.
All measurements in this scope are based on actual measurements
taken on the outside dimensions of the single-locker unit. The
height is the vertical measurement from the bottom to the top of the
unit. The width is the horizontal (side to side) measurement of the
front of the unit, and the front of the unit is the face with the
door or doors or the opening for internal access of the unit if
configured without a door. The depth is the measurement from the
front to the back of the unit. The subject certain metal lockers
typically include the bodies (back, side, shelf, top and bottom
panels), door frames with or without doors which can be integrated
into the sides or made separately, and doors.
The subject metal lockers typically are made of flat-rolled
metal, metal mesh and/or expanded metal, which includes but is not
limited to alloy or non-alloy steel (whether or not galvanized or
otherwise metallically coated for corrosion resistance), stainless
steel, or aluminum, but the doors may also include transparent
polycarbonate, Plexiglas or similar transparent material or any
combination thereof. Metal mesh refers to both wire mesh and
expanded metal mesh. Wire mesh is a wire product in which the
horizontal and transverse wires are welded at the cross-section in a
grid pattern. Expanded metal mesh is made by slitting and stretching
metal sheets to make a screen of diamond or other shaped openings.
Where the product has doors, the doors are typically configured
with or for a handle or other device or other means that permit the
use of a mechanical or electronic lock or locking mechanism,
including, but not limited to: A combination lock, a padlock, a key
lock (including cylinder locks) lever or knob lock, electronic key
pad, or other
[[Page 35744]]
electronic or wireless lock. The handle and locking mechanism, if
included, need not be integrated into one another. The subject
locker may or may not also enter with the lock or locking device
included or installed. The doors or body panels may also include
vents (including wire mesh or expanded metal mesh vents) or
perforations. The bodies, body components and doors are typically
powder coated, otherwise painted or epoxy coated or may be
unpainted. The subject merchandise includes metal lockers imported
either as welded or otherwise assembled units (ready for
installation or use) or as knocked down units or kits (requiring
assembly prior to installation or use).
The subject lockers may be shipped as individual or multiple
locker units preassembled, welded, or combined into banks or tiers
for ease of installation or as sets of component parts, bulk packed
(i.e., all backs in one package, crate, rack, carton or container
and sides in another package, crate, rack, carton or container) or
any combination thereof. The knocked down lockers are shipped
unassembled requiring a supplier, contractor or end-user to assemble
the individual lockers and locker banks prior to installation.
The scope also includes all parts and components of lockers made
from flat-rolled metal or expanded metal (e.g., doors, frames,
shelves, tops, bottoms, backs, side panels, etc.) as well as
accessories that are attached to the lockers when installed
(including, but not limited to, slope tops, bases, expansion filler
panels, dividers, recess trim, decorative end panels, and end caps)
that may be imported together with lockers or other locker
components or on their own. The particular accessories listed for
illustrative purposes are defined as follows:
a. Slope tops: Slope tops are slanted metal panels or units that
fit on the tops of the lockers and that slope from back to front to
prevent the accumulation of dust and debris on top of the locker and
to discourage the use of the tops of lockers as storage areas. Slope
tops come in various configurations including, but not limited to,
unit slope tops (in place of flat tops), slope hoods made of a back,
top and end pieces which fit over multiple units and convert flat
tops to a sloping tops, and slope top kits that convert flat tops to
sloping tops and include tops, backs and ends.
b. Bases: Locker bases are panels made from flat-rolled metal
that either conceal the legs of the locker unit, or for lockers
without legs, provide a toe space in the front of the locker and
conceal the flanges for floor anchoring.
c. Expansion filler panel: Expansion filler panels or fillers
are metal panels that attach to locker units to cover columns, pipes
or other obstacles in a row of lockers or fill in gaps between the
locker and the wall. Fillers may also include metal panels that are
used on the sides or the top of the lockers to fill gaps.
d. Dividers: Dividers are metal panels that divide the space
within a locker unit into different storage areas.
e. Recess trim: Recess trim is a narrow metal trim that bridges
the gap between lockers and walls or soffits when lockers are
recessed into a wall.
f. Decorative end panels: End panels fit onto the exposed ends
of locker units to cover holes, bolts, nuts, screws and other
fasteners. They typically are painted to match the lockers.
g. End caps: End caps fit onto the exposed ends of locker units
to cover holes, bolts, nuts, screws and other fasteners.
The scope also includes all hardware for assembly and
installation of the lockers and locker banks that are imported with
or shipped, invoiced, or sold with the imported locker or locker
system except the lock.
Excluded from the scope are wire mesh lockers. Wire mesh lockers
are those with each of the following characteristics:
(1) At least three sides, including the door, made from wire
mesh;
(2) the width and depth each exceed 25 inches; and
(3) the height exceeds 90 inches.
Also excluded are lockers with bodies made entirely of plastic,
wood, or any nonmetallic material.
Also excluded are exchange lockers with multiple individual
locking doors mounted on one master locking door to access multiple
units. Excluded exchange lockers have multiple individual storage
spaces, typically arranged in tiers, with access doors for each of
the multiple individual storage space mounted on a single frame that
can be swung open to allow access to all of the individual storage
spaces at once. For example, uniform or garment exchange lockers are
designed for the distinct function of securely and hygienically
exchanging clean and soiled uniforms. Thus, excluded exchange
lockers are a multi-access point locker whereas covered lockers are
a single access point locker for personal storage. The excluded
exchange lockers include assembled exchange lockers and those that
enter in `knock down' form in which all of the parts and components
to assemble a completed exchange locker unit are packaged together.
Parts for exchange lockers that are imported separately from the
exchange lockers in `knock down' form are not excluded.
Also excluded are metal lockers that are imported with an
installed electronic, internet-enabled locking device that permits
communication or connection between the locker's locking device and
other internet connected devices.
Also excluded are locks and hardware and accessories for
assembly and installation of the lockers, locker banks and storage
systems that are separately imported in bulk and are not
incorporated into a locker, locker system or knocked down kit at the
time of importation. Such excluded hardware and accessories include
but are not limited to locks and bulk imported rivets, nuts, bolts,
hinges, door handles, door/frame latching components, and coat
hooks. Accessories of sheet metal, including but not limited to end
panels, bases, dividers and sloping tops, are not excluded
accessories.
Mobile tool chest attachments that meet the physical description
above are covered by the scope of this investigation, unless such
attachments are covered by the scope of the orders on certain tool
chests and cabinets from China. If the orders on certain tool chests
and cabinets from China are revoked, the mobile tool chest
attachments from China will be covered by the scope of this
investigation.
The scope also excludes metal safes with each of the following
characteristics: (1) Pry resistant, concealed hinges; (2) body walls
and doors of steel that are at least 17 gauge (0.05625 inch or
1.42874 mm thick); and (3) an integrated locking mechanism that
includes at least two round steel bolts 0.75 inch (19 mm) or larger
in diameter; or three bolts 0.70 inch (17.78 mm) or more in
diameter; or four or more bolts at least 0.60 inch (15.24 mm) or
more in diameter, that project from the door into the body or frame
of the safe when in the locked position.
The scope also excludes gun safes meeting each of the following
requirements:
(1) Shall be able to fully contain firearms and provide for
their secure storage.
(2) Shall have a locking system consisting of at minimum a
mechanical or electronic combination lock. The mechanical or
electronic combination lock utilized by the safe shall have at least
10,000 possible combinations consisting of a minimum three numbers,
letters, or symbols. The lock shall be protected by a casehardened
(Rc 60+) drill-resistant steel plate, or drill-resistant material of
equivalent strength.
(3) Boltwork shall consist of a minimum of three steel locking
bolts of at least \1/2\ inch thickness that intrude from the door of
the safe into the body of the safe or from the body of the safe into
the door of the safe, which are operated by a separate handle and
secured by the lock.
(4) The exterior walls shall be constructed of a minimum 12-
gauge thick steel for a single-walled safe, or the sum of the steel
walls shall add up to at least 0.100 inches for safes with walls
made from two pieces of flat-rolled steel.
(5) Doors shall be constructed of a minimum one layer of 7-gauge
steel plate reinforced construction or at least two layers of a
minimum 12-gauge steel compound construction.
(6) Door hinges shall be protected to prevent the removal of the
door. Protective features include, but are not limited to: Hinges
not exposed to the outside, interlocking door designs, dead bars,
jeweler's lugs and active or inactive locking bolts.
The scope also excludes metal storage devices that (1) have two
or more exterior exposed drawers regardless of the height of the
unit, or (2) are no more than 30 inches tall and have at least one
exterior exposed drawer.
Also excluded from the scope are free standing metal cabinets
less than 30 inches tall with a single opening, single door and an
installed tabletop.
The scope also excludes metal storage devices less than 27
inches wide and deep that (1) have two doors hinged on the right and
left side of the door frame respectively covering a single opening
and that open from the middle toward the outer frame; or (2) are
free standing or wall-mounted, single-opening units 20 inches or
less high with a single door.
The subject certain metal lockers are classified under
Harmonized Tariff Schedule
[[Page 35745]]
of the United States (HTSUS) subheading 9403.20.0078. Parts of
subject certain metal lockers are classified under HTS subheading
9403.90.8041. In addition, subject certain metal lockers may also
enter under HTS subheading 9403.20.0050. While HTSUS subheadings are
provided for convenience and Customs purposes, the written
description of the scope of this investigation is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Subsidies Valuation
V. Use of Facts Otherwise Available and Adverse Inferences
VI. Analysis of Programs
VII. Analysis of Comments
Comment 1: Export Buyer's Credit Program
Comment 2: Whether Commerce Should Use Non-Alloy Hot-Rolled
Steel and Galvanized Steel Benchmarks
Comment 3: Whether Zhejiang Xingyi Verified the Accuracy of Its
Reported Purchases of Galvanized Steel and Stainless Steel Coil
Comment 4: Electricity for Less Than Adequate Remuneration
(LTAR) Program
Comment 5: Whether Commerce Should Continue To Apply AFA to the
Provision of Steel Inputs for LTAR
Comment 6: Most Favored Nation Duty Rates
VIII. Recommendation
[FR Doc. 2021-14316 Filed 7-6-21; 8:45 am]
BILLING CODE 3510-DS-P
