Boltless Steel Shelving Units Prepacked for Sale From the People's Republic of China: Rescission of Circumvention Inquiry on the Antidumping Duty and Countervailing Duty Orders, 30086-30087 [2023-09946]

Download as PDF lotter on DSK11XQN23PROD with NOTICES1 30086 Federal Register / Vol. 88, No. 90 / Wednesday, May 10, 2023 / Notices B. Take any action that facilitates the acquisition or attempted acquisition by a Denied Person of the ownership, possession, or control of any item subject to the EAR that has been or will be exported from the United States, including financing or other support activities related to a transaction whereby a Denied Person acquires or attempts to acquire such ownership, possession or control; C. Take any action to acquire from or to facilitate the acquisition or attempted acquisition from a Denied Person of any item subject to the EAR that has been exported from the United States; D. Obtain from a Denied Person in the United States any item subject to the EAR with knowledge or reason to know that the item will be, or is intended to be, exported from the United States; or E. Engage in any transaction to service any item subject to the EAR that has been or will be exported from the United States and which is owned, possessed or controlled by a Denied Person, or service any item, of whatever origin, that is owned, possessed or controlled by a Denied Person if such service involves the use of any item subject to the EAR that has been or will be exported from the United States. For purposes of this paragraph, servicing means installation, maintenance, repair, modification or testing. Third, that, after notice and opportunity for comment as provided in section 766.23 of the EAR, any other person, firm, corporation, or business organization related to a Denied Person by ownership, control, position of responsibility, affiliation or other connection in the conduct of trade or business may also be made subject to the provisions of this Order. Fourth, that this Order does not prohibit any export, reexport, or other transaction subject to the EAR where the only items involved that are subject to the EAR are the foreign-produced direct product of U.S.-origin technology. In accordance with the provisions of sections 766.24(e) of the EAR, Mahan Airways, Al Naser Airlines, Ali Abdullah Alhay, and/or Bahar Safwa General Trading may, at any time, appeal this Order by filing a full written statement in support of the appeal with the Office of the Administrative Law Judge, U.S. Coast Guard ALJ Docketing Center, 40 South Gay Street, Baltimore, Maryland 21202–4022. In accordance with the provisions of sections 766.23(c)(2) and 766.24(e)(3) of the EAR, Pejman Mahmood Kosarayanifard, Mahmoud Amini, Kerman Aviation, Sirjanco Trading LLC, Mahan Air General Trading LLC, Mehdi Bahrami, Sky Blue Bird Group, and/or Issam VerDate Sep<11>2014 17:49 May 09, 2023 Jkt 259001 Shammout may, at any time, appeal their inclusion as a related person by filing a full written statement in support of the appeal with the Office of the Administrative Law Judge, U.S. Coast Guard ALJ Docketing Center, 40 South Gay Street, Baltimore, Maryland 21202– 4022. In accordance with the provisions of section 766.24(d) of the EAR, BIS may seek renewal of this Order by filing a written request not later than 20 days before the expiration date. A renewal request may be opposed by Mahan Airways, Al Naser Airlines, Ali Abdullah Alhay, and/or Bahar Safwa General Trading as provided in section 766.24(d), by filing a written submission with the Assistant Secretary of Commerce for Export Enforcement, which must be received not later than seven days before the expiration date of the Order. A copy of this Order shall be provided to Mahan Airways, Al Naser Airlines, Ali Abdullah Alhay, and Bahar Safwa General Trading and each related person, and shall be published in the Federal Register. This Order is effective immediately and shall remain in effect for 180 days. Dated: May 5, 2023. Kevin J. Kurland, Deputy Assistant Secretary of Commerce for Export Enforcement. [FR Doc. 2023–09921 Filed 5–9–23; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–018, C–570–019] Boltless Steel Shelving Units Prepacked for Sale From the People’s Republic of China: Rescission of Circumvention Inquiry on the Antidumping Duty and Countervailing Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based on a withdrawal of the circumvention inquiry request, the U.S. Department of Commerce (Commerce) is rescinding this circumvention inquiry to determine whether imports of boltless steel shelving units prepackaged for sale (boltless steel shelving), which are completed or assembled in Malaysia using certain components from the People’s Republic of China (China), are circumventing the antidumping duty (AD) and countervailing duty (CVD) orders on boltless steel shelving from China. AGENCY: PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 DATES: Applicable May 10, 2023. FOR FURTHER INFORMATION CONTACT: Samuel Frost, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–8180. SUPPLEMENTARY INFORMATION: Background On October 21, 2015, Commerce published AD and CVD orders on boltless steel shelving from China.1 On October 20, 2022, Edsal Manufacturing Company, Inc. (Edsal) filed a circumvention inquiry request alleging that boltless steel shelving completed or assembled in Malaysia using certain components from China and exported to the United States are circumventing the Orders.2 On December 9, 2022, Commerce initiated a circumvention inquiry regarding the above-referenced merchandise.3 On April 17, 2023, Edsal withdrew its circumvention inquiry request.4 Scope of the Orders The merchandise covered by these Orders is boltless steel shelving units prepackaged for sale. For a complete description of the scope, see the Initiation Memorandum.5 Merchandise Subject to the Circumvention Inquiry This circumvention inquiry covers boltless steel shelving that has been completed or assembled in Malaysia using, at a minimum, the key components of boltless steel shelving, i.e., vertical posts and horizontal beams, from China that are then subsequently exported to the United States. 1 See Boltless Steel Shelving Units Prepackaged for Sale from the People’s Republic of China: Antidumping Duty Order, 80 FR 63741 (October 21, 2015); and Boltless Steel Shelving Units Prepackaged for Sale from the People’s Republic of China: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 80 FR 63745 (October 21, 2015) (collectively, Orders). 2 See Edsal’s Letter, ‘‘Boltless Steel Shelving Units Prepackaged for Sale from China—Petitioner’s Request for Circumvention Ruling Pursuant to Section 781(b), as Amended,’’ dated October 20, 2022. 3 See Boltless Steel Shelving Units Prepackaged for Sale from the People’s Republic of China: Initiation of Circumvention Inquiry on the Antidumping Duty and Countervailing Duty Orders, 87 FR 75592 (December 9, 2022) (Initiation Notice), and accompanying Initiation Memorandum. 4 See Edsal’s Letter, ‘‘Petitioner’s Withdrawal of Request for Circumvention Ruling Pursuant to Section 781(b) of the Tariff Act of 1930,’’ dated April 17, 2023. 5 See Initiation Notice Initiation Memorandum at 2–3. E:\FR\FM\10MYN1.SGM 10MYN1 Federal Register / Vol. 88, No. 90 / Wednesday, May 10, 2023 / Notices Rescission of Circumvention Inquiry As noted above, Edsal has withdrawn its request for a circumvention inquiry on boltless steel shelving completed or assembled in Malaysia using certain components from China and exported to the United States. Therefore, in accordance 19 CFR 351.226(f)(6)(i), Commerce finds that it is appropriate to rescind this circumvention inquiry in its entirety. Suspension of Liquidation Pursuant to 19 CFR 351.226(l)(1), Commerce notified U.S. Customs and Border Protection (CBP) of the initiation of this circumvention inquiry and directed CBP to continue the suspension of liquidation of entries of products subject to the circumvention inquiry that were already subject to the suspension of liquidation under the Orders and to apply the cash deposit rate that would be applicable if the products were determined to be covered by the scope of the Orders.6 Upon publication of this rescission notice, Commerce will inform CBP that Commerce has rescinded this inquiry and that CBP should continue to suspend entries of boltless steel shelving from China that are subject to the Orders at the applicable rate(s) in effect on the date of entry until specific liquidation instructions are issued. Administrative Protective Order This notice serves as a final reminder to parties subject to an 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 the APO materials or conversion to judicial protective order is hereby requested. Failure to comply with regulations and terms of an APO is a violation, which is subject to sanction. lotter on DSK11XQN23PROD with NOTICES1 Notification to Interested Parties This notice is issued and published in accordance with section 781 of the Tariff Act of 1930, as amended, and 19 CFR 351.226(f)(6). 6 See CBP Message 2343414, ‘‘Initiation of Circumvention Inquiry—Antidumping/ Countervailing Orders on Boltless Steel Shelving Units Prepackaged for Sale from the People’s Republic of China (A–570–018/C–570–019),’’ dated December 9, 2022. VerDate Sep<11>2014 17:49 May 09, 2023 Jkt 259001 30087 Dated: May 4, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. 15, 2022, Commerce extended the deadline for issuing the preliminary results of this review from January 3, 2023, to April 28, 2023.4 [FR Doc. 2023–09946 Filed 5–9–23; 8:45 am] Scope of the Order The products covered by this Order are common alloy aluminum sheet, which is a flat-rolled aluminum product having a thickness of 6.3 mm or less, but greater than 0.2 mm, in coils or cut-tolength, regardless of width. Common alloy sheet within the scope of this Order includes both not clad aluminum sheet, as well as multi-alloy, clad aluminum sheet. For a full description of the scope of the Order, see Preliminary Decision Memorandum. BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–428–849] Common Alloy Aluminum Sheet From Germany: Preliminary Results of Antidumping Duty Administrative Review; 2020–2022 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that the producers/exporters subject to this administrative review made sales of subject merchandise at less than normal value (NV) during the period of review (POR) (October 15, 2020, through March 31, 2022). Interested parties are invited to comment on these preliminary results of the review. DATES: Applicable May 10, 2023. FOR FURTHER INFORMATION CONTACT: Drew Jackson or Jonathan Hill, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4406 or (202) 482–3518, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On July 14, 2022, Commerce initiated an administrative review of the antidumping duty order 1 on common alloy aluminum sheet from Germany covering the above-referenced POR.2 For a complete description of the events that followed the initiation of this review, see the accompanying Preliminary Decision Memorandum.3 On December 1 See Common Alloy Aluminum Sheet from Bahrain, Brazil, Croatia, Egypt, Germany, India, Indonesia, Italy, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan, and the Republic of Turkey: Antidumping Duty Orders, 86 FR 22139 (April 27, 2021) (Order). 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 87 FR 42144 (July 14, 2022) (Initiation Notice). 3 See Memorandum, ‘‘Decision Memorandum for Preliminary Results of the 2020–2022 Administrative Review of the Antidumping Duty Order on Common Alloy Aluminum Sheet from Germany,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 Preliminary Results of Successor-inInterest Analysis Commerce initiated this administrative review with respect to four companies, including Hydro Aluminium Rolled Products GmbH (HARP) and Speira GmbH (Speira).5 Speira reported that during the POR, ‘‘HARP assumed new ownership and took on the name of Speira GmbH.’’ 6 We have analyzed record information regarding changes in HARP’s management, manufacturing facilities, customers, and suppliers, and preliminarily determine that Speira is the successor-in-interest to HARP. Accordingly, we have treated HARP and Speira as the same company in our analyses in this review. See the Preliminary Decision Memorandum for further information. Should our preliminary successor-in-interest determination remain unchanged in the final results of review, we will instruct CBP to apply the assessment rates that we calculated for Speira to POR entries of subject merchandise from both Speira and HARP. Methodology Commerce is conducting this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). We calculated export and constructed export prices and NV for the two mandatory respondents, Novelis Deutschland GmbH (Novelis) and Speira (formerly known HARP), in accordance with sections 772 and 773 of the Act, respectively. For a full description of the methodology underlying our decisions, 4 See Memorandum, ‘‘Extension of Deadline for the Preliminary Results of the 2020–2022 Antidumping Duty Administrative Review,’’ dated December 15, 2022. 5 See Initiation Notice. 6 See Preliminary Decision Memorandum (citing Speira’s Letter, ‘‘Section A Response,’’ dated September 30, 2022, at 1). E:\FR\FM\10MYN1.SGM 10MYN1

Agencies

[Federal Register Volume 88, Number 90 (Wednesday, May 10, 2023)]
[Notices]
[Pages 30086-30087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09946]


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DEPARTMENT OF COMMERCE

International Trade Administration

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


Boltless Steel Shelving Units Prepacked for Sale From the 
People's Republic of China: Rescission of Circumvention Inquiry on the 
Antidumping Duty and Countervailing Duty Orders

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

SUMMARY: Based on a withdrawal of the circumvention inquiry request, 
the U.S. Department of Commerce (Commerce) is rescinding this 
circumvention inquiry to determine whether imports of boltless steel 
shelving units prepackaged for sale (boltless steel shelving), which 
are completed or assembled in Malaysia using certain components from 
the People's Republic of China (China), are circumventing the 
antidumping duty (AD) and countervailing duty (CVD) orders on boltless 
steel shelving from China.

DATES: Applicable May 10, 2023.

FOR FURTHER INFORMATION CONTACT: Samuel Frost, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-8180.

SUPPLEMENTARY INFORMATION:

Background

    On October 21, 2015, Commerce published AD and CVD orders on 
boltless steel shelving from China.\1\ On October 20, 2022, Edsal 
Manufacturing Company, Inc. (Edsal) filed a circumvention inquiry 
request alleging that boltless steel shelving completed or assembled in 
Malaysia using certain components from China and exported to the United 
States are circumventing the Orders.\2\ On December 9, 2022, Commerce 
initiated a circumvention inquiry regarding the above-referenced 
merchandise.\3\ On April 17, 2023, Edsal withdrew its circumvention 
inquiry request.\4\
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    \1\ See Boltless Steel Shelving Units Prepackaged for Sale from 
the People's Republic of China: Antidumping Duty Order, 80 FR 63741 
(October 21, 2015); and Boltless Steel Shelving Units Prepackaged 
for Sale from the People's Republic of China: Amended Final 
Affirmative Countervailing Duty Determination and Countervailing 
Duty Order, 80 FR 63745 (October 21, 2015) (collectively, Orders).
    \2\ See Edsal's Letter, ``Boltless Steel Shelving Units 
Prepackaged for Sale from China--Petitioner's Request for 
Circumvention Ruling Pursuant to Section 781(b), as Amended,'' dated 
October 20, 2022.
    \3\ See Boltless Steel Shelving Units Prepackaged for Sale from 
the People's Republic of China: Initiation of Circumvention Inquiry 
on the Antidumping Duty and Countervailing Duty Orders, 87 FR 75592 
(December 9, 2022) (Initiation Notice), and accompanying Initiation 
Memorandum.
    \4\ See Edsal's Letter, ``Petitioner's Withdrawal of Request for 
Circumvention Ruling Pursuant to Section 781(b) of the Tariff Act of 
1930,'' dated April 17, 2023.
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Scope of the Orders

    The merchandise covered by these Orders is boltless steel shelving 
units prepackaged for sale. For a complete description of the scope, 
see the Initiation Memorandum.\5\
---------------------------------------------------------------------------

    \5\ See Initiation Notice Initiation Memorandum at 2-3.
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Merchandise Subject to the Circumvention Inquiry

    This circumvention inquiry covers boltless steel shelving that has 
been completed or assembled in Malaysia using, at a minimum, the key 
components of boltless steel shelving, i.e., vertical posts and 
horizontal beams, from China that are then subsequently exported to the 
United States.

[[Page 30087]]

Rescission of Circumvention Inquiry

    As noted above, Edsal has withdrawn its request for a circumvention 
inquiry on boltless steel shelving completed or assembled in Malaysia 
using certain components from China and exported to the United States. 
Therefore, in accordance 19 CFR 351.226(f)(6)(i), Commerce finds that 
it is appropriate to rescind this circumvention inquiry in its 
entirety.

Suspension of Liquidation

    Pursuant to 19 CFR 351.226(l)(1), Commerce notified U.S. Customs 
and Border Protection (CBP) of the initiation of this circumvention 
inquiry and directed CBP to continue the suspension of liquidation of 
entries of products subject to the circumvention inquiry that were 
already subject to the suspension of liquidation under the Orders and 
to apply the cash deposit rate that would be applicable if the products 
were determined to be covered by the scope of the Orders.\6\ Upon 
publication of this rescission notice, Commerce will inform CBP that 
Commerce has rescinded this inquiry and that CBP should continue to 
suspend entries of boltless steel shelving from China that are subject 
to the Orders at the applicable rate(s) in effect on the date of entry 
until specific liquidation instructions are issued.
---------------------------------------------------------------------------

    \6\ See CBP Message 2343414, ``Initiation of Circumvention 
Inquiry--Antidumping/Countervailing Orders on Boltless Steel 
Shelving Units Prepackaged for Sale from the People's Republic of 
China (A-570-018/C-570-019),'' dated December 9, 2022.
---------------------------------------------------------------------------

Administrative Protective Order

    This notice serves as a final reminder to parties subject to an 
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 the APO materials or conversion to judicial protective 
order is hereby requested. Failure to comply with regulations and terms 
of an APO is a violation, which is subject to sanction.

Notification to Interested Parties

    This notice is issued and published in accordance with section 781 
of the Tariff Act of 1930, as amended, and 19 CFR 351.226(f)(6).

    Dated: May 4, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-09946 Filed 5-9-23; 8:45 am]
BILLING CODE 3510-DS-P

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