Certain Tool Chests and Cabinets From the People's Republic of China and the Socialist Republic of Vietnam: Final Results of the Expedited Sunset Reviews of the Antidumping Duty Orders, 15667-15668 [2023-05170]
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Federal Register / Vol. 88, No. 49 / Tuesday, March 14, 2023 / Notices
of this review and for future deposits of
estimated duties, where applicable.8
Commerce intends to issue
assessment instructions to CBP no
earlier than 41 days after the date of
publication of the final results of this
review in the Federal Register in
accordance with 19 CFR 356.8(a).
ddrumheller on DSK120RN23PROD with NOTICES1
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1) the
cash deposit rates for the companies
identified above in the ‘‘Final Results of
Review’’ will be equal to the companyspecific weighted-average dumping
margin established in the final results of
this administrative review; (2) for
merchandise exported by a company not
covered in this administrative review
but covered in a completed prior
segment of the proceeding, the cash
deposit rate will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding; (3) if the exporter is not a
firm covered in this review or
completed prior segment of this
proceeding but the producer is, the cash
deposit rate will be the companyspecific rate established for the most
recently-completed segment of this
proceeding for the producer of the
subject merchandise; and (4) the cash
deposit rate for all other producers or
exporters will continue to be 3.76
percent, the rate established in the
investigation of this proceeding.9
These cash deposit requirements,
when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this POR. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
has occurred and the subsequent
assessment of double antidumping
duties.
Administrative Protective Order
This notice also serves as a final
reminder to parties subject to
8 See
9 See
section 751(a)(2)(C) of the Act.
Order, 73 FR at 45405.
VerDate Sep<11>2014
21:09 Mar 13, 2023
Jkt 259001
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3),
which continues to govern business
proprietary information in this segment
of the proceeding. Timely written
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 term of an APO is
a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(5) and 19 CFR
351.213(h)(1).
Dated: March 7, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of Issues
Comment 1: Whether Maquilacero and
TEFLU Should Continue to be Collapsed
Comment 2: Whether Products Sold by
TEFLU are In-Scope Merchandise
Comment 3: Whether Commerce Should
Use Unverified Maquilacero/TEFLU
Information
Comment 4: Whether Commerce Should
Modify its Treatment of Certain TEFLU
IMMEX Sales
Comment 5: Whether Commerce Should
Modify the Product Comparison
Methodology SAS Programming
Comment 6: Whether Commerce Must
Adjust its Differential Pricing Analysis
for Maquilacero/TEFLU
Comment 7: Whether to Reallocate Costs
for Prime and Non-Prime Products
Comment 8: Whether Commerce Should
Combine Maquilacero and TEFLU’s
Home Market Sales
Comment 9: Whether to Implement Certain
Corrections to TEFLU’s IMMEX Sales
Comment 10: Whether to Correct the
Application of Maquilacero/TEFLU’s
Transactions Disregarded Adjustment
Comment 11: Whether to Assign a Value
for U.S. Sales Where No Importer is
Reported
Comment 12: Whether to Include Abinsa’s
Late Payment Charges Revenue
Comment 13: Whether to Modify the
Treatment of Certain Agent-Related
Expenses
Comment 14: Whether to Allow
Maquilacero’s Packing Adjustment
Comment 15: Whether Commerce Should
Use Regiopytsa’s Quarterly Cost Periods
Comment 16: Whether Commerce Should
Use a Different General and
PO 00000
Frm 00029
Fmt 4703
Sfmt 4703
15667
Administrative Expense Ratio for
Regiopytsa
Comment 17: Whether Commerce Should
Modify Regiopytsa’s Net Financial
Expense Ratio
Comment 18: Whether Commerce Should
Rely on a Different Methodology for
Assigning a Weighted-Average Dumping
Margin to Perfiles
VI. Recommendation
[FR Doc. 2023–05209 Filed 3–13–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–056, A–552–821]
Certain Tool Chests and Cabinets
From the People’s Republic of China
and the Socialist Republic of Vietnam:
Final Results of the Expedited Sunset
Reviews of the Antidumping Duty
Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of these expedited
sunset reviews, the U.S. Department of
Commerce (Commerce) finds that
revocation of the antidumping duty
(AD) orders on certain tool chests and
cabinets (tool chests and cabinets) from
the People’s Republic of China (China)
and the Socialist Republic of Vietnam
(Vietnam) would be likely to lead to
continuation or recurrence of dumping
at the level indicated in the ‘‘Final
Results of Sunset Reviews’’ section of
this notice.
DATES: Applicable March 14, 2023.
FOR FURTHER INFORMATION CONTACT:
Claudia Cott, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4270.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On June 4, 2018, Commerce published
in the Federal Register the AD orders on
tool chests from China and Vietnam.1
On December 1, 2022, Commerce
published the Initiation Notice of the
five-year sunset reviews of the Orders
pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the Act).2 In
accordance with 19 CFR 351.218(d)(1)(i)
and (ii), Commerce received notices of
1 See Certain Tool Chests and Cabinets from the
People’s Republic of China and the Socialist
Republic of Vietnam: Antidumping Duty Orders, 83
FR 25645 (June 4, 2018) (collectively, Orders).
2 See Initiation of Five-Year (Sunset) Reviews, 87
FR 73757 (December 1, 2022) (Initiation Notice).
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15668
Federal Register / Vol. 88, No. 49 / Tuesday, March 14, 2023 / Notices
intent to participate in these sunset
reviews from Stanley Black & Decker
(the domestic interested party) within
15 days after the date of publication of
the Initiation Notice.3 The domestic
interested party claimed interested party
status under section 771(9)(C) of the Act
as a producer of a domestic like product
in the United States.4
Commerce received timely, adequate
substantive responses to the Initiation
Notice from the domestic interested
party within the 30-day period specified
in 19 CFR 351.218(d)(3)(i).5 We did not
receive substantive responses from any
other interested parties.
On January 25, 2023, Commerce
notified the U.S. International Trade
Commission (ITC) that it did not receive
an adequate substantive response from
other interested parties.6 As a result, in
accordance with section 751(c)(3)(B) of
the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce
conducted expedited, i.e., 120-day
sunset reviews of the Orders.
Scope of the Orders
The products covered by these Orders
are certain metal tool chests and tool
cabinets, with drawers, from China and
Vietnam. The scope covers all metal tool
chests and cabinets, including top
chests, intermediate chests, tool
cabinets and side cabinets, storage units,
mobile work benches, and work stations
and that have the following physical
characteristics:
(1) A body made of carbon, alloy, or
stainless steel and/or other metals;
(2) two or more drawers for storage in
each individual unit;
(3) a width (side to side) exceeding 15
inches for side cabinets and exceeding
ddrumheller on DSK120RN23PROD with NOTICES1
3 See
Domestic Interested Party’s Letters, ‘‘Five
Year (‘‘Sunset’’) Review of the Antidumping Duty
Order on Tool Chests and Cabinets from China—
Domestic Interested Party’s Notice of Intent to
Participate,’’ dated December 15, 2022; see also
‘‘Five Year (‘‘Sunset’’) Review of the Antidumping
Duty Order on Tool Chests and Cabinets from
Vietnam—Domestic Interested Party’s Notice of
Intent to Participate,’’ dated December 15, 2022
(Notices of Intent to Participate). The petitioner in
the underlying investigation, Waterloo Industries
Inc. (Waterloo), was acquired by Stanley Black &
Decker Corporation on July 28, 2017, and now
operates under the Stanley Black & Decker name.
4 Id.
5 See Domestic Interested Party’s Letters, ‘‘Five
Year (‘‘Sunset’’) Review of the Antidumping Duty
Order on Tool Chests and Cabinets from China—
Domestic Interested Party’s Substantive Response,’’
dated January 3, 2023 (China Substantive
Response); see also ‘‘Five Year (‘‘Sunset’’) Review
of the Antidumping Duty Order on Tool Chests and
Cabinets from Vietnam—Domestic Interested
Party’s Substantive Response,’’ dated January 3,
2023 (Vietnam Substantive Response).
6 See Commerce’s Letter, ‘‘Sunset Reviews
Initiated December 1, 2022,’’ dated January 25,
2023.
VerDate Sep<11>2014
21:09 Mar 13, 2023
Jkt 259001
21 inches for all other individual units
but not exceeding 60 inches;
(4) a body depth (front to back)
exceeding 10 inches but not exceeding
24 inches; and
(5) prepackaged for retail sale.
For purposes of this scope, the width
parameter applies to each individual
unit, i.e., each individual top chest,
intermediate top chest, tool cabinet, side
cabinet, storage unit, mobile work
bench, and work station. Merchandise
subject to these Orders is classified
under HTSUS categories 9403.20.0021,
9403.20.0026, 9403.20.0030,
9403.20.0080, 9403.20.0090, and
7326.90.8688, but may also be classified
under HTSUS category 7326.90.3500.
While HTSUS subheadings are provided
for convenience and Customs purposes,
the written description of the scope of
these Orders is dispositive.
A full description of the scope of the
Orders is contained in the Issues and
Decision Memorandum.7
Analysis of Comments Received
All issues raised in these sunset
reviews are addressed in the Issues and
Decision Memorandum, including the
likelihood of continuation or recurrence
of dumping and the magnitude of the
margins of dumping likely to prevail if
the Orders were revoked.8 A list of
topics discussed in the Issues and
Decision Memorandum is included as
the appendix to this notice. 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://access.trade.gov/public/
FRNoticesListLayout.aspx.
Final Results of Sunset Reviews
Pursuant to sections 751(c)(1) and
752(c)(1) and (3) of the Act, Commerce
determines that revocation of the Orders
would be likely to lead to continuation
or recurrence of dumping and that the
magnitude of the margins of dumping
likely to prevail would be at a rate up
to 244.29 percent for China, and up to
327.17 percent for Vietnam.
7 See Memorandum, ‘‘Issues and Decision
Memorandum for the Expedited Sunset Reviews of
the Antidumping Duty Orders on Certain Tool
Chests and Cabinets from the People’s Republic of
China, and the Socialist Republic of Vietnam,’’
dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
8 Id.
PO 00000
Frm 00030
Fmt 4703
Sfmt 4703
Administrative Protective Order
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). Timely written
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 terms of an APO is a
violation which is subject to sanction.
Notification to Interested Parties
Commerce is issuing and publishing
these final results and notice in
accordance with sections 751(c), 752(c),
and 777(i)(1) of the Act, and 19 CFR
351.221(c)(5)(ii).
Dated: March 8, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. History of the Orders
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or
Recurrence of Dumping
2. Magnitude of Margin of Dumping Likely
to Prevail
VII. Final Results of Expedited Sunset
Reviews
VIII. Recommendation
[FR Doc. 2023–05170 Filed 3–13–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–871]
Finished Carbon Steel Flanges From
India: Final Results of Antidumping
Duty Administrative Review; 2020–
2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
producers and/or exporters subject to
this administrative review made sales of
subject merchandise at less than normal
value (NV) during the period of review
(POR) August 1, 2020, through July 31,
2021.
DATES: Applicable March 14, 2023.
FOR FURTHER INFORMATION CONTACT: Fred
Baker or Preston Cox, AD/CVD
AGENCY:
E:\FR\FM\14MRN1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 49 (Tuesday, March 14, 2023)]
[Notices]
[Pages 15667-15668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05170]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-056, A-552-821]
Certain Tool Chests and Cabinets From the People's Republic of
China and the Socialist Republic of Vietnam: Final Results of the
Expedited Sunset Reviews of the Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of these expedited sunset reviews, the U.S.
Department of Commerce (Commerce) finds that revocation of the
antidumping duty (AD) orders on certain tool chests and cabinets (tool
chests and cabinets) from the People's Republic of China (China) and
the Socialist Republic of Vietnam (Vietnam) would be likely to lead to
continuation or recurrence of dumping at the level indicated in the
``Final Results of Sunset Reviews'' section of this notice.
DATES: Applicable March 14, 2023.
FOR FURTHER INFORMATION CONTACT: Claudia Cott, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4270.
SUPPLEMENTARY INFORMATION:
Background
On June 4, 2018, Commerce published in the Federal Register the AD
orders on tool chests from China and Vietnam.\1\ On December 1, 2022,
Commerce published the Initiation Notice of the five-year sunset
reviews of the Orders pursuant to section 751(c) of the Tariff Act of
1930, as amended (the Act).\2\ In accordance with 19 CFR
351.218(d)(1)(i) and (ii), Commerce received notices of
[[Page 15668]]
intent to participate in these sunset reviews from Stanley Black &
Decker (the domestic interested party) within 15 days after the date of
publication of the Initiation Notice.\3\ The domestic interested party
claimed interested party status under section 771(9)(C) of the Act as a
producer of a domestic like product in the United States.\4\
---------------------------------------------------------------------------
\1\ See Certain Tool Chests and Cabinets from the People's
Republic of China and the Socialist Republic of Vietnam: Antidumping
Duty Orders, 83 FR 25645 (June 4, 2018) (collectively, Orders).
\2\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 73757
(December 1, 2022) (Initiation Notice).
\3\ See Domestic Interested Party's Letters, ``Five Year
(``Sunset'') Review of the Antidumping Duty Order on Tool Chests and
Cabinets from China--Domestic Interested Party's Notice of Intent to
Participate,'' dated December 15, 2022; see also ``Five Year
(``Sunset'') Review of the Antidumping Duty Order on Tool Chests and
Cabinets from Vietnam--Domestic Interested Party's Notice of Intent
to Participate,'' dated December 15, 2022 (Notices of Intent to
Participate). The petitioner in the underlying investigation,
Waterloo Industries Inc. (Waterloo), was acquired by Stanley Black &
Decker Corporation on July 28, 2017, and now operates under the
Stanley Black & Decker name.
\4\ Id.
---------------------------------------------------------------------------
Commerce received timely, adequate substantive responses to the
Initiation Notice from the domestic interested party within the 30-day
period specified in 19 CFR 351.218(d)(3)(i).\5\ We did not receive
substantive responses from any other interested parties.
---------------------------------------------------------------------------
\5\ See Domestic Interested Party's Letters, ``Five Year
(``Sunset'') Review of the Antidumping Duty Order on Tool Chests and
Cabinets from China--Domestic Interested Party's Substantive
Response,'' dated January 3, 2023 (China Substantive Response); see
also ``Five Year (``Sunset'') Review of the Antidumping Duty Order
on Tool Chests and Cabinets from Vietnam--Domestic Interested
Party's Substantive Response,'' dated January 3, 2023 (Vietnam
Substantive Response).
---------------------------------------------------------------------------
On January 25, 2023, Commerce notified the U.S. International Trade
Commission (ITC) that it did not receive an adequate substantive
response from other interested parties.\6\ As a result, in accordance
with section 751(c)(3)(B) of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce conducted expedited, i.e., 120-day
sunset reviews of the Orders.
---------------------------------------------------------------------------
\6\ See Commerce's Letter, ``Sunset Reviews Initiated December
1, 2022,'' dated January 25, 2023.
---------------------------------------------------------------------------
Scope of the Orders
The products covered by these Orders are certain metal tool chests
and tool cabinets, with drawers, from China and Vietnam. The scope
covers all metal tool chests and cabinets, including top chests,
intermediate chests, tool cabinets and side cabinets, storage units,
mobile work benches, and work stations and that have the following
physical characteristics:
(1) A body made of carbon, alloy, or stainless steel and/or other
metals;
(2) two or more drawers for storage in each individual unit;
(3) a width (side to side) exceeding 15 inches for side cabinets
and exceeding 21 inches for all other individual units but not
exceeding 60 inches;
(4) a body depth (front to back) exceeding 10 inches but not
exceeding 24 inches; and
(5) prepackaged for retail sale.
For purposes of this scope, the width parameter applies to each
individual unit, i.e., each individual top chest, intermediate top
chest, tool cabinet, side cabinet, storage unit, mobile work bench, and
work station. Merchandise subject to these Orders is classified under
HTSUS categories 9403.20.0021, 9403.20.0026, 9403.20.0030,
9403.20.0080, 9403.20.0090, and 7326.90.8688, but may also be
classified under HTSUS category 7326.90.3500. While HTSUS subheadings
are provided for convenience and Customs purposes, the written
description of the scope of these Orders is dispositive.
A full description of the scope of the Orders is contained in the
Issues and Decision Memorandum.\7\
---------------------------------------------------------------------------
\7\ See Memorandum, ``Issues and Decision Memorandum for the
Expedited Sunset Reviews of the Antidumping Duty Orders on Certain
Tool Chests and Cabinets from the People's Republic of China, and
the Socialist Republic of Vietnam,'' dated concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in these sunset reviews are addressed in the
Issues and Decision Memorandum, including the likelihood of
continuation or recurrence of dumping and the magnitude of the margins
of dumping likely to prevail if the Orders were revoked.\8\ A list of
topics discussed in the Issues and Decision Memorandum is included as
the appendix to this notice. 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://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\8\ Id.
---------------------------------------------------------------------------
Final Results of Sunset Reviews
Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act,
Commerce determines that revocation of the Orders would be likely to
lead to continuation or recurrence of dumping and that the magnitude of
the margins of dumping likely to prevail would be at a rate up to
244.29 percent for China, and up to 327.17 percent for Vietnam.
Administrative Protective Order
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). Timely written 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 terms of an APO is a violation which is subject to
sanction.
Notification to Interested Parties
Commerce is issuing and publishing these final results and notice
in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act,
and 19 CFR 351.221(c)(5)(ii).
Dated: March 8, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. History of the Orders
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of Dumping
2. Magnitude of Margin of Dumping Likely to Prevail
VII. Final Results of Expedited Sunset Reviews
VIII. Recommendation
[FR Doc. 2023-05170 Filed 3-13-23; 8:45 am]
BILLING CODE 3510-DS-P
