Boltless Steel Shelving Units Prepackaged for Sale From India, Malaysia, Taiwan, Thailand and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigations, 32188-32194 [2023-10778]
Download as PDF
<![CDATA[
32188
Federal Register / Vol. 88, No. 97 / Friday, May 19, 2023 / Notices
discussed in the decision memorandum
is attached as an appendix to this
notice.
Final Results of Sunset Review
Pursuant to sections 751(c) and 752(c)
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
dumping margins likely to prevail
would be weighted-average margins of
up to 23.17 percent for India and up to
258.21 percent for China.
Administrative Protective Order
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a). Timely
notification of the destruction of APO
materials or conversion to judicial
protective orders 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
We are issuing and publishing these
final results in accordance with sections
751(c), 752(c), and 777(i)(1) of the Act,
and 19 CFR 351.218(e)(1)(ii)(C)(2) and
19 CFR 351.221(c)(5)(ii).
Dated: May 12, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
ddrumheller on DSK120RN23PROD with NOTICES1
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 the Margins Likely to
Prevail
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2023–10707 Filed 5–18–23; 8:45 am]
BILLING CODE 3510–DS–P
VerDate Sep<11>2014
18:30 May 18, 2023
Jkt 259001
petitioner filed timely responses to
these requests on May 1, 3, 8, and 10,
International Trade Administration
2023.3
In accordance with section 732(b) of
[A–533–914, A–557–824, A–549–846, A–583–
the
Tariff Act of 1930, as amended (the
871, A–552–835]
Act), the petitioner alleges that imports
of boltless steel shelving from India,
Boltless Steel Shelving Units
Malaysia, Taiwan, Thailand, and
Prepackaged for Sale From India,
Vietnam are being, or are likely to be,
Malaysia, Taiwan, Thailand and the
sold in the United States at less than fair
Socialist Republic of Vietnam:
value (LTFV) within the meaning of
Initiation of Less-Than-Fair-Value
section 731 of the Act, and that imports
Investigations
of such products are materially injuring,
AGENCY: Enforcement and Compliance,
or threatening material injury to, the
International Trade Administration,
boltless steel shelving industry in the
Department of Commerce.
United States. Consistent with section
732(b)(1) of the Act, the Petitions were
DATES: Applicable May 15, 2023.
accompanied by information reasonably
FOR FURTHER INFORMATION CONTACT:
available to the petitioner supporting its
Andrew Huston (India), Samuel Frost
allegations.
(Malaysia), Joy Zhang (Taiwan), Fred
Commerce finds that the petitioner
Baker (Thailand), or Whitley Herndon
filed
the Petitions on behalf of the
(the Socialist Republic of Vietnam
(Vietnam)); AD/CVD Operations, Offices
Boltless Steel Shelving Units Prepackaged for Sale
VII, V, VI, and III, respectively,
from Taiwan—Phone Call with Counsel to the
Enforcement and Compliance,
Petitioner,’’ dated May 8, 2023; and Memorandum,
‘‘Phone Call with Counsel to the Petitioner,’’ dated
International Trade Administration,
May 10, 2023 (Scope Memorandum).
U.S. Department of Commerce, 1401
3 See Petitioner’s Letters, ‘‘Boltless Steel Shelving
Constitution Avenue NW, Washington,
from India, Malaysia, Taiwan, Thailand, and
DC 20230; telephone: (202) 482–8180,
Vietnam—Petitioner’s Supplement to Volume I
Relating to Request for the Imposition of
(202) 482–6274, (202) 482–4261, (202)
Antidumping Duties on Imports from India,
482–2924, or (202) 482–1168,
Malaysia, Taiwan, Thailand, and Vietnam,’’ dated
respectively.
May 1, 2023 (General Issues Supplement);
‘‘Petitioner’s Response to the Department’s
SUPPLEMENTARY INFORMATION:
Supplemental Questionnaire Regarding Volume II
DEPARTMENT OF COMMERCE
The Petitions
On April 25, 2023, the U.S.
Department of Commerce (Commerce)
received antidumping duty (AD)
petitions concerning imports of boltless
steel shelving units prepackaged for sale
(boltless steel shelving) from India,
Malaysia, Taiwan, Thailand, and
Vietnam filed in proper form on behalf
of Edsal Manufacturing Co., Inc. (the
petitioner), a domestic producer of
boltless steel shelving.1
On April 27 and 28 and May 8 and
10, 2023, Commerce requested
supplemental information pertaining to
certain aspects of the Petitions.2 The
1 See Petitioner’s Letter, ‘‘Boltless Steel Shelving
Units Prepackaged for Sale from India, Malaysia,
Taiwan, Thailand, and Vietnam—Petition for the
Imposition of Antidumping Duties,’’ dated April 25,
2023 (Petitions).
2 See Commerce’s Letters, ‘‘Petitions for the
Imposition of Antidumping Duties on Imports of
Boltless Steel Shelving Units Prepackaged for Sale
from India, Malaysia, Taiwan, Thailand, and the
Socialist Republic of Vietnam: Supplemental
Questions,’’ dated April 27, 2023 (General Issues
Questionnaire); and Country-SpecificQuestionnaires: India Supplemental, Malaysia
Supplemental, Taiwan Supplemental, Thailand
Supplemental, and Vietnam Supplemental, dated
April 28, 2023; see also Country-Specific
Memoranda: India Memorandum, Malaysia
Memorandum, Taiwan Memorandum, Thailand
Memorandum, and Vietnam Memorandum, dated
May 5, 2023; Memorandum, ‘‘Petition for the
Imposition of Antidumping Duties on Imports of
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
of the Petition for the Imposition of Antidumping
Duties on Imports from India,’’ dated May 3, 2023;
‘‘Petitioner’s Response to the Department’s
Supplemental Questionnaire Regarding Volume III
of the Petition for the Imposition of Antidumping
Duties on Imports from Malaysia,’’ dated May 3,
2023; ‘‘Petitioner’s Response to the Department’s
Supplemental Questionnaire Regarding Volume IV
of the Petition for the Imposition of Antidumping
Duties on Imports from Taiwan,’’ dated May 3,
2023; ‘‘Petitioner’s Response to the Department’s
Supplemental Questionnaire Regarding Volume V
of the Petition for the Imposition of Antidumping
Duties on Imports from Thailand,’’ dated May 3,
2023; ‘‘Petitioner’s Response to the Department’s
Supplemental Questionnaire Regarding Volume VI
of the Petition for the Imposition of Antidumping
Duties on Imports from Vietnam,’’ dated May 3,
2023; ‘‘Petitioner’s Response to the Department’s
Second Supplemental Questionnaire Regarding
Volume II of the Petition for the Imposition of
Antidumping Duties on Imports from India,’’ dated
May 8, 2023; ‘‘Petitioner’s Response to the
Department’s Second Supplemental Questionnaire
Regarding Volume III of the Petition for the
Imposition of Antidumping Duties on Imports from
Malaysia,’’ dated May 8, 2023; ‘‘Petitioner’s
Response to the Department’s Second Supplemental
Questionnaire Regarding Volume IV of the Petition
for the Imposition of Antidumping Duties on
Imports from Taiwan,’’ dated May 8, 2023;
‘‘Petitioner’s Response to the Department’s Second
Supplemental Questionnaire Regarding Volume V
of the Petition for the Imposition of Antidumping
Duties on Imports from Thailand,’’ dated May 8,
2023; ‘‘Petitioner’s Response to the Department’s
Second Supplemental Questionnaire Regarding
Volume VI of the Petition for the Imposition of
Antidumping Duties on Imports from Vietnam,’’
dated May 8, 2023; and ‘‘Petitioner’s 2nd
Supplement to Volume I Relating to Request for the
Imposition of Antidumping Duties on Imports from
India, Malaysia, Taiwan, Thailand, and Vietnam,’’
dated May 10, 2023 (Scope Supplement).
E:\FR\FM\19MYN1.SGM
19MYN1
Federal Register / Vol. 88, No. 97 / Friday, May 19, 2023 / Notices
domestic industry, because the
petitioner is an interested party, as
defined in section 771(9)(C) of the Act.
Commerce also finds that the petitioner
demonstrated sufficient industry
support for the initiation of the
requested LTFV investigations.4
Periods of Investigation
Because the Petitions were filed on
April 25, 2023, the period of
investigation (POI) for the India,
Malaysia, Thailand, and Taiwan AD
investigations is April 1, 2022, through
March 31, 2023, pursuant to 19 CFR
351.204(b)(1). Because Vietnam is a
non-market economy (NME) country,
pursuant to 19 CFR 351.204(b)(1), the
POI for the Vietnam AD investigation is
October 1, 2022, through March 31,
2023.
Scope of the Investigations
The product covered by these
investigations is boltless steel shelving
from India, Malaysia, Taiwan, Thailand,
and Vietnam. For a full description of
the scope of these investigations, see the
appendix to this notice.
ddrumheller on DSK120RN23PROD with NOTICES1
Comments on the Scope of the
Investigations
On April 27 and May 10, 2023,
Commerce requested information from
the petitioner regarding the proposed
scope to ensure that the scope language
in the Petitions is an accurate reflection
of the products for which the domestic
industry is seeking relief.5 On May 1
and 10, 2023, the petitioner provided
clarifications and revised the scope.6
The description of the merchandise
covered by these investigations, as
described in the appendix to this notice,
reflects these clarifications.
As discussed in the Preamble to
Commerce’s regulations, we are setting
aside a period for interested parties to
raise issues regarding product coverage
(i.e., scope).7 Commerce will consider
all comments received from interested
parties and, if necessary, will consult
with interested parties prior to the
issuance of the preliminary
determinations. If scope comments
include factual information,8 all such
factual information should be limited to
public information. To facilitate
preparation of its questionnaires,
4 See infra, section titled ‘‘Determination of
Industry Support for the Petitions.’’
5 See General Issues Questionnaire; see also
Scope Memorandum.
6 See General Issues Supplement at 3–7 and
Attachments 2 and 3; see also Scope Supplement.
7 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
8 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
VerDate Sep<11>2014
18:30 May 18, 2023
Jkt 259001
Commerce requests that all interested
parties submit such comments by 5:00
p.m. Eastern Time (ET) on June 5, 2023,
which is the next business day after 20
calendar days from the signature date of
this notice.9 Any rebuttal comments,
which may include factual information,
must be filed by 5:00 p.m. ET on June
15, 2023, which is 10 calendar days
from the initial comment deadline.
Commerce requests that any factual
information that parties consider
relevant to the scope of these
investigations be submitted during this
period. However, if a party subsequently
finds that additional factual information
pertaining to the scope of these
investigations may be relevant, the party
must contact Commerce and request
permission to submit the additional
information. All such submissions must
be filed on the records of each of the
concurrent AD investigations.
Filing Requirements
All submissions to Commerce must be
filed electronically via Enforcement and
Compliance’s Antidumping Duty and
Countervailing Duty Centralized
Electronic Service System (ACCESS),
unless an exception applies.10 An
electronically-filed document must be
received successfully in its entirety by
the time and date on which it is due.
Comments on Product Characteristics
Commerce is providing interested
parties an opportunity to comment on
the appropriate physical characteristics
of boltless steel shelving to be reported
in response to Commerce’s AD
questionnaires. This information will be
used to identify the key physical
characteristics of the subject
merchandise in order to report the
relevant factors of production (FOP) or
costs of production (COP) accurately, as
well as to develop appropriate product
comparison criteria where appropriate.
9 The
deadline for comments falls on Sunday,
June 4, 2023. Commerce’s practice dictates that
where a deadline falls on a weekend or federal
holiday, the appropriate deadline is the next
business day (in this instance, June 5, 2023). See
Notice of Clarification: Application of ‘‘Next
Business Day’’ Rule for Administrative
Determination Deadlines Pursuant to the Tariff Act
of 1930, as Amended, 70 FR 24533 (May 10, 2005)
(Next Business Day Rule).
10 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System
Name, 79 FR 69046 (November 20, 2014) for details
of Commerce’s electronic filing requirements,
effective August 5, 2011. Information on help using
ACCESS can be found at https://access.trade.gov/
help.aspx and a handbook can be found at https://
access.trade.gov/help/Handbook_on_Electronic_
Filing_Procedures.pdf.
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
32189
Subsequent to the publication of this
notice, Commerce intends to release a
proposed list of physical characteristics
and product-comparison criteria, and
interested parties may provide any
information or comments that they feel
are relevant to the development of an
accurate list of physical characteristics.
Specifically, they may provide
comments as to which characteristics
are appropriate to use as: (1) general
product characteristics; and (2) product
comparison criteria. We note that it is
not always appropriate to use all
product characteristics as product
comparison criteria. We base product
comparison criteria on meaningful
commercial differences among products.
In other words, although there may be
some physical product characteristics
utilized by manufacturers to describe
boltless steel shelving, it may be that
only a select few product characteristics
take into account commercially
meaningful physical characteristics. In
addition, interested parties may
comment on the order in which the
physical characteristics should be used
in matching products. Generally,
Commerce attempts to list the most
important physical characteristics first
and the least important characteristics
last.
In order to consider the suggestions of
interested parties in developing and
issuing the AD questionnaires, all
product characteristics comments must
be filed by 5:00 p.m. ET on June 5, 2023,
which is the next business day after 20
calendar days from the signature date of
this notice.11 Any rebuttal comments
must be filed by 5:00 p.m. ET on June
15, 2023, which is 10 calendar days
from the initial comment deadline. All
comments and submissions to
Commerce must be filed electronically
using ACCESS, as explained above, on
the record of each of the LTFV
investigations.
Determination of Industry Support for
the Petitions
Section 732(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 732(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) at least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 732(c)(4)(D)
of the Act provides that, if the petition
11 See
E:\FR\FM\19MYN1.SGM
Next Business Day Rule.
19MYN1
ddrumheller on DSK120RN23PROD with NOTICES1
32190
Federal Register / Vol. 88, No. 97 / Friday, May 19, 2023 / Notices
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
Commerce shall: (i) poll the industry or
rely on other information in order to
determine if there is support for the
petition, as required by subparagraph
(A); or (ii) determine industry support
using a statistically valid sampling
method to poll the ‘‘industry.’’
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
whole of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the Act
directs Commerce to look to producers
and workers who produce the domestic
like product. The U.S. International
Trade Commission (ITC), which is
responsible for determining whether
‘‘the domestic industry’’ has been
injured, must also determine what
constitutes a domestic like product in
order to define the industry. While both
Commerce and the ITC must apply the
same statutory definition regarding the
domestic like product,12 they do so for
different purposes and pursuant to a
separate and distinct authority. In
addition, Commerce’s determination is
subject to limitations of time and
information. Although this may result in
different definitions of the like product,
such differences do not render the
decision of either agency contrary to
law.13
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
most similar in characteristics and uses
with, the article subject to an
investigation under this title.’’ Thus, the
reference point from which the
domestic like product analysis begins is
‘‘the article subject to an investigation’’
(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the petition).
With regard to the domestic like
product, the petitioner does not offer a
definition of the domestic like product
distinct from the scope of the
investigations.14 Based on our analysis
of the information submitted on the
record, we have determined that boltless
steel shelving, as defined in the scope,
constitutes a single domestic like
product, and we have analyzed industry
12 See
section 771(10) of the Act.
USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d 865 F.2d 240 (Fed. Cir. 1989)).
14 See Petitions at Volume I (pages 15–17 and
Exhibit GEN–10); see also General Issues
Supplement at 3 and Attachment 1.
13 See
VerDate Sep<11>2014
18:30 May 18, 2023
Jkt 259001
support in terms of that domestic like
product.15
In determining whether the petitioner
has standing under section 732(c)(4)(A)
of the Act, we considered the industry
support data contained in the Petitions
with reference to the domestic like
product as defined in the ‘‘Scope of the
Investigations,’’ in the appendix to this
notice. To establish industry support,
the petitioner provided its own
production of boltless steel shelving in
2022 and compared this to the total
volume of boltless steel shelving
produced by the U.S. industry in
2022.16 We relied on data provided by
the petitioner for purposes of measuring
industry support.17
Our review of the data provided in the
Petitions, the General Issues
Supplement, and other information
readily available to Commerce indicates
that the petitioner has established
industry support for the Petitions.18
First, the Petitions established support
from domestic producers (or workers)
accounting for more than 50 percent of
the total production of the domestic like
product and, as such, Commerce is not
required to take further action in order
to evaluate industry support (e.g.,
polling).19 Second, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(c)(4)(A)(i) of the Act
because the domestic producers (or
workers) who support the Petitions
account for at least 25 percent of the
total production of the domestic like
product.20 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(c)(4)(A)(ii) of the Act
because the domestic producers (or
workers) who support the Petitions
15 For a discussion of the domestic like product
analysis as applied to these cases and information
regarding industry support, see, individually, AD
Investigation Initiation Checklists, ‘‘Boltless Steel
Shelving Units Prepackaged for Sale from India,
Malaysia, Taiwan, Thailand, and the Socialist
Republic of Vietnam,’’ dated concurrently with this
notice (Country-Specific AD Initiation Checklists),
at Attachment II (Analysis of Industry Support for
the Antidumping Duty Petitions Covering Boltless
Steel Shelving Units Prepackaged for Sale from
India, Malaysia, Taiwan, Thailand, and the Socialist
Republic of Vietnam).
16 See Petitions at Volume I (page 3 and Exhibits
GEN–4 and GEN–5).
17 Id. at Volume I (pages 2–3 and Exhibits GEN–
1 through GEN–5). For further discussion, see
Attachment II of the Country-Specific AD Initiation
Checklists.
18 See Petitions at Volume I (pages 2–3 and
Exhibits GEN–1 through GEN–5). For further
discussion, see Attachment II of the CountrySpecific AD Initiation Checklists.
19 See Attachment II of the Country-Specific AD
Initiation Checklists; see also section 732(c)(4)(D) of
the Act.
20 See Attachment II of the Country-Specific AD
Initiation Checklists.
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
account for more than 50 percent of the
production of the domestic like product
produced by that portion of the industry
expressing support for, or opposition to,
the Petitions.21 Accordingly, Commerce
determines that the Petitions were filed
on behalf of the domestic industry
within the meaning of section 732(b)(1)
of the Act.22
Allegations and Evidence of Material
Injury and Causation
The petitioner alleges that the U.S.
industry producing the domestic like
product is being materially injured, or is
threatened with material injury, by
reason of the imports of the subject
merchandise sold at LTFV. In addition,
the petitioner alleges that subject
imports exceed the negligibility
threshold provided for under section
771(24)(A) of the Act.23
With regard to India, while the
allegedly dumped imports from India do
not exceed the statutory requirements
for negligibility, the petitioner alleges
and provides supporting evidence that:
(1) there is a reasonable indication that
the data obtained in the ITC’s
investigation will establish that imports
exceed the negligibility threshold; 24
and (2) there is the potential that
imports from India will imminently
exceed the negligibility threshold and,
therefore, are not negligible for purposes
of a threat determination.25 The
petitioner’s arguments regarding the
limitations of publicly available import
data and the reasonable indication that
the data obtained in the ITC’s
investigation will establish that imports
exceed the negligibility threshold are
consistent with the SAA. Furthermore,
the petitioner’s arguments regarding the
potential for imports from India to
imminently exceed the negligibility
threshold are consistent with the
statutory criteria for ‘‘negligibility in
threat analysis’’ under section
771(24)(A)(iv) of the Act, which
provides that imports shall not be
treated as negligible if there is a
potential that subject imports from a
country will imminently exceed the
statutory requirements for negligibility.
The petitioner contends that the
industry’s injured condition is
illustrated by a significant and
21 Id.
22 Id.
23 See Petitions at Volume I (pages 17–20 and
Exhibits GEN–1 and GEN–11).
24 See Statement of Administrative Action
Accompanying the Uruguay Round Agreements
Act, H.R. Doc. 103–316, Vol. 1 (1994) (SAA), at 857;
see also Petitions at Volume I (pages 12–13, 18–20,
and Exhibits GEN–1 and GEN–11).
25 See section 771(24)(A)(iv) of the Act; see also
Petitions at Volume I (pages 18–20 and Exhibits
GEN–1 and GEN–11).
E:\FR\FM\19MYN1.SGM
19MYN1
Federal Register / Vol. 88, No. 97 / Friday, May 19, 2023 / Notices
increasing volume of subject imports;
declining market share; underselling
and price depression and/or
suppression; lost sales and revenues;
decline in U.S. shipments, production,
and capacity utilization; decline in
employment variables; and adverse
impact on financial performance.26 We
assessed the allegations and supporting
evidence regarding material injury,
threat of material injury, causation, as
well as negligibility, and we have
determined that these allegations are
properly supported by adequate
evidence and meet the statutory
requirements for initiation.27
Allegations of Sales at LTFV
The following is a description of the
allegations of sales at LTFV upon which
Commerce based its decision to initiate
these LTFV investigations on imports of
boltless steel shelving from India,
Malaysia, Taiwan, Thailand, and
Vietnam. The sources of data for the
deductions and adjustments relating to
U.S. price and normal value (NV) are
discussed in greater detail in the
Country-Specific AD Initiation
Checklists.
U.S. Price
For India, Malaysia, Thailand,
Taiwan, and Vietnam, the petitioner
based export price (EP) on pricing
information for boltless steel shelving
produced in, and exported from, the
respective countries and sold or offered
for sale in the United States.28 The
petitioner made certain adjustments for
movement and other expenses for the
U.S. price based on the pricing
information to calculate a net U.S. price,
where applicable.29
Normal Value 30
ddrumheller on DSK120RN23PROD with NOTICES1
The petitioner based NV on home
market pricing information obtained
through market research for boltless
steel shelving produced in and sold, or
offered for sale, in India, Malaysia,
26 See Petitions at Volume I (pages 14, 17–37 and
Exhibits GEN–1, GEN–8, and GEN–10 through
GEN–16); see also General Issues Supplement at 7–
8 and Attachments 4–6.
27 See Country-Specific AD Initiation Checklists
at Attachment III (Analysis of Allegations and
Evidence of Material Injury and Causation for the
Antidumping Duty Petitions Covering Boltless Steel
Shelving Units Prepackaged for Sale from India,
Malaysia, Taiwan, Thailand, and the Socialist
Republic of Vietnam).
28 See Country-Specific AD Initiation Checklists.
29 Id.
30 In accordance with section 773(b)(2) of the Act,
for these investigations, Commerce will request
information necessary to calculate the constructed
value (CV) and COP to determine whether there are
reasonable grounds to believe or suspect that sales
of the foreign like product have been made at prices
that represent less than the COP of the product.
VerDate Sep<11>2014
18:30 May 18, 2023
Jkt 259001
Thailand, and Taiwan during the
applicable time period.31
Commerce considers Vietnam to be an
NME country.32 In accordance with
section 771(18)(C)(i) of the Act, any
determination that a foreign country is
an NME country shall remain in effect
until revoked by Commerce. Therefore,
we continue to treat Vietnam as an NME
country for purposes of the initiation of
this investigation. Accordingly, NV in
Vietnam is appropriately based on FOPs
valued in a surrogate market economy
country, in accordance with section
773(c) of the Act.
The petitioner claims that Indonesia
is an appropriate surrogate country for
Vietnam because Indonesia is a market
economy country that is at a level of
economic development comparable to
that of Vietnam and is a significant
producer of comparable merchandise.
The petitioner provided publicly
available information from Indonesia to
value all FOPs. Based on the
information provided by the petitioner,
we determine that it is appropriate to
use Indonesia as a surrogate country for
initiation purposes.
Interested parties will have the
opportunity to submit comments
regarding surrogate country selection
and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an
opportunity to submit publicly available
information to value FOPs within 30
days before the scheduled date of the
preliminary determination.
Fair Value Comparisons
Based on the data provided by the
petitioner, there is reason to believe that
imports of boltless steel shelving from
India, Malaysia, Taiwan, Thailand, and
Vietnam are being, or are likely to be,
sold in the United States at LTFV. Based
on comparisons of EP to NV in
accordance with sections 772 and 773 of
the Act, the estimated dumping margins
for boltless steel shelving from each of
the countries covered by this initiation
are as follows: (1) India—175.31
percent; (2) Malaysia—35.45 to 81.12
percent; (3) Taiwan—78.12 percent; (4)
Thailand—176.62 to 187.03 percent;
and (5) Vietnam—92.60 to 224.94
percent.33
Initiation of LTFV Investigations
Based upon our examination of the
Petitions and supplemental responses,
we find that they meet the requirements
31 See
Country-Specific AD Initiation Checklist.
e.g., Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam: Final Results, and
Final Results of No Shipments of the Antidumping
Duty Administrative Review; 2016–2017, 84 FR
18007 (April 29, 2019).
33 Id.
32 See,
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
32191
of section 732 of the Act. Therefore, we
are initiating these LTFV investigations
to determine whether imports of boltless
steel shelving from India, Malaysia,
Taiwan, Thailand, and Vietnam are
being, or are likely to be, sold in the
United States at LTFV. In accordance
with section 733(b)(1)(A) of the Act and
19 CFR 351.205(b)(1), unless postponed,
we will make our preliminary
determinations no later than 140 days
after the date of this initiation.
Respondent Selection
India, Malaysia, Taiwan, and Thailand
In the Petitions, the petitioner
identified three companies in India,
three companies in Malaysia, one
company in Taiwan, and seven
companies in Thailand as producers/
exporters of boltless steel shelving.34
Following standard practice in AD
investigations involving market
economy countries, in the event
Commerce determines that the number
of exporters or producers is large such
that Commerce cannot individually
examine each company based on its
resources, where appropriate,
Commerce intends to select mandatory
respondents in these cases based on
U.S. Customs and Border Protection
(CBP) data for U.S. imports under the
appropriate Harmonized Tariff Schedule
of the United States subheadings listed
in the ‘‘Scope of the Investigations,’’ in
the appendix to this notice.
On May 8, 2023, Commerce released
CBP data on U.S. imports of boltless
steel shelving from Taiwan, under
administrative protective order (APO) to
all parties with access to information
protected by APO.35 On May 10, 2023,
Commerce released CBP data on imports
of boltless steel shelving from India,
Malaysia, and Thailand under APO to
all parties with access to information
protected by APO.36 When it released
these data, Commerce indicated that
interested parties wishing to comment
on CBP data must do so within three
business days of the publication date of
34 See Petitions at Volume I (page 14 and Exhibit
GEN–7).
35 See Memorandum, ‘‘Antidumping Duty
Investigation of Boltless Steel Shelving Units
Prepackaged for Sale from Taiwan: Release of
Customs Data from U.S. Customs and Border
Protection,’’ dated May 8, 2023.
36 See Memoranda, ‘‘Boltless Steel Shelving Units
Prepackaged for Sale from India: Release of Data
from U.S. Customs and Border Protection,’’ dated
May 10, 2023; ‘‘Petition for the Imposition of
Antidumping Duties on Imports of Boltless Steel
Shelving Units Prepackaged for Sale from Malaysia:
Release of U.S. Customs and Border Protection
Data,’’ dated May 10, 2023; and ‘‘Less-Than-FairValue Petition of Boltless Steel Shelving Units
Prepackaged for Sale from Thailand: Release of U.S.
Customs and Border Protection Data,’’ dated May
10, 2023.
E:\FR\FM\19MYN1.SGM
19MYN1
32192
Federal Register / Vol. 88, No. 97 / Friday, May 19, 2023 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
the notice of initiation of these
investigations. Comments must be filed
electronically using ACCESS. An
electronically-filed document must be
received successfully in its entirety via
ACCESS by 5:00 p.m. ET on the
specified deadline. Commerce will not
accept rebuttal comments regarding the
CBP data or respondent selection.
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305(b).
Instructions for filing such applications
may be found on Commerce’s website at
https://access.trade.gov/Resources/
Administrative_Protective_Order.aspx.
Vietnam
In the Petition, the petitioner named
three companies as producers/exporters
of boltless steel shelving in Vietnam.37
In accordance with our standard
practice for respondent selection in AD
investigations involving NME countries,
Commerce selects respondents based on
quantity and value (Q&V)
questionnaires in cases where it has
determined that the number of
companies is large, and it cannot
individually examine each company
based upon its resources. Therefore,
considering the number of Vietnamese
producers and exporters identified in
the Petitions, Commerce will solicit
Q&V information that can serve as a
basis for selecting exporters for
individual examination in the event that
Commerce decides to limit the number
of respondents individually examined
pursuant to section 777A(c)(2) of the
Act. Given that there are three
producers and exporters identified in
the Petition, Commerce has determined
that it will issue Q&V questionnaires to
each potential respondent for which the
petitioner has provided a complete
address.
In addition, Commerce will post the
Q&V questionnaire along with filing
instructions on Enforcement and
Compliance’s website at https://
www.trade.gov/ec-adcvd-caseannouncements. Producers/exporters of
boltless steel shelving from Vietnam
that do not receive Q&V questionnaires
may still submit a response to the Q&V
questionnaire and can obtain a copy of
the Q&V questionnaire from
Enforcement and Compliance’s website.
In accordance with the standard
practice for respondent selection in AD
cases involving NME countries, in the
event Commerce decides to limit the
number of respondents individually
investigated, Commerce intends to base
respondent selection on the responses to
the Q&V questionnaire that it receives.
37 See
Petitions at Volume I (Exhibit GEN–4).
VerDate Sep<11>2014
18:30 May 18, 2023
Jkt 259001
Responses to the Q&V questionnaire
must be submitted by the relevant
Vietnamese producers/exporters no later
than 5:00 p.m. ET on May 30, 2023,
which is two weeks from the signature
date of this notice.38 All Q&V
questionnaire responses must be filed
electronically via ACCESS. An
electronically filed document must be
received successfully, in its entirety, by
ACCESS no later than 5:00 p.m. ET on
the deadline noted above. Commerce
intends to finalize its decisions
regarding respondent selection within
20 days of publication of this notice.
Separate Rates
In order to obtain separate-rate status
in an NME investigation, exporters and
producers must submit a separate rate
application.39 The specific requirements
for submitting a separate rate
application in a Vietnam investigation
are outlined in detail in the application
itself, which is available on Commerce’s
website at https://access.trade.gov/
Resources/nme/nme-sep-rate.html. The
separate rate application will be due 30
days after publication of this initiation
notice.40 Exporters and producers who
submit a separate rate application and
have been selected as mandatory
respondents will be eligible for
consideration for separate rate status
only if they respond to all parts of
Commerce’s AD questionnaire as
mandatory respondents. Commerce
requires that companies from Vietnam
submit a response to both the Q&V
questionnaire and the separate rate
application by the respective deadlines
in order to receive consideration for
separate rate status. Companies not
filing a timely Q&V questionnaire
response will not receive separate rate
consideration.
Use of Combination Rates
Commerce will calculate combination
rates for certain respondents that are
eligible for a separate rate in an NME
investigation. Policy Bulletin 05.1
states:
{w}hile continuing the practice of
assigning separate rates only to
38 Because the current deadline falls on a federal
holiday (i.e., May 29, 2023), the deadline is the next
business day (i.e., May 30, 2023). See Next Business
Day Rule.
39 See Policy Bulletin 05.1, regarding, ‘‘SeparateRates Practice and Application of Combination
Rates in Antidumping Investigation involving NME
Countries’’ (April 5, 2005) (Policy Bulletin 05.1),
available at https://enforcement.trade.gov/policy/
bull05-1.pdf.
40 Although in past investigations this deadline
was 60 days, consistent with 19 CFR 351.301(a),
which states that ‘‘the Secretary may request any
person to submit factual information at any time
during a proceeding,’’ this deadline is now 30 days.
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
exporters, all separate rates that
{Commerce} will now assign in its NME
Investigation will be specific to those
producers that supplied the exporter
during the period of investigation. Note,
however, that one rate is calculated for
the exporter and all of the producers
which supplied subject merchandise to
it during the period of investigation.
This practice applies both to mandatory
respondents receiving an individually
calculated separate rate as well as the
pool of non-investigated firms receiving
the weighted-average of the individually
calculated rates. This practice is referred
to as the application of ‘‘combination
rates’’ because such rates apply to
specific combinations of exporters and
one or more producers. The cashdeposit rate assigned to an exporter will
apply only to merchandise both
exported by the firm in question and
produced by a firm that supplied the
exporter during the period of
investigation.41
Distribution of Copies of the Petitions
In accordance with section
732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version
of the Petitions have been provided to
the governments of India, Malaysia,
Thailand, Taiwan, and Vietnam via
ACCESS. To the extent practicable, we
will attempt to provide a copy of the
public version of the Petitions to each
exporter named in the Petitions, as
provided under 19 CFR 351.203(c)(2).
ITC Notification
We will notify the ITC of our
initiation, as required by section 732(d)
of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the Petitions were filed, whether there
is a reasonable indication that imports
of boltless steel shelving from India,
Malaysia, Taiwan, Thailand, and/or
Vietnam are materially injuring, or
threatening material injury to, a U.S.
industry.42 A negative ITC
determination for any country will
result in the investigation being
terminated with respect to that
country.43 Otherwise, these LTFV
investigations will proceed according to
statutory and regulatory time limits.
Submission of Factual Information
Factual information is defined in 19
CFR 351.102(b)(21) as: (i) evidence
submitted in response to questionnaires;
41 See
42 See
Policy Bulletin 05.1 at 6 (emphasis added).
section 733(a) of the Act.
43 Id.
E:\FR\FM\19MYN1.SGM
19MYN1
Federal Register / Vol. 88, No. 97 / Friday, May 19, 2023 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors under 19
CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by Commerce; and (v)
evidence other than factual information
described in (i)–(iv). Section 351.301(b)
of Commerce’s regulations requires any
party, when submitting factual
information, to specify under which
subsection of 19 CFR 351.102(b)(21) the
information is being submitted 44 and, if
the information is submitted to rebut,
clarify, or correct factual information
already on the record, to provide an
explanation identifying the information
already on the record that the factual
information seeks to rebut, clarify, or
correct.45 Time limits for the
submission of factual information are
addressed in 19 CFR 351.301, which
provides specific time limits based on
the type of factual information being
submitted. Interested parties should
review the regulations prior to
submitting factual information in these
investigations.
Particular Market Situation Allegation
Section 773(e) of the Act addresses
the concept of particular market
situation (PMS) for purposes of CV,
stating that ‘‘if a particular market
situation exists such that the cost of
materials and fabrication or other
processing of any kind does not
accurately reflect the cost of production
in the ordinary course of trade, the
administering authority may use
another calculation methodology under
this subtitle or any other calculation
methodology.’’ When an interested
party submits a PMS allegation pursuant
to section 773(e) of the Act, Commerce
will respond to such a submission
consistent with 19 CFR 351.301(c)(2)(v).
If Commerce finds that a PMS exists
under section 773(e) of the Act, then it
will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act nor
19 CFR 351.301(c)(2)(v) set a deadline
for the submission of PMS allegations
and supporting factual information.
However, in order to administer section
773(e) of the Act, Commerce must
receive PMS allegations and supporting
factual information with enough time to
consider the submission. Thus, should
an interested party wish to submit a
PMS allegation and supporting new
factual information pursuant to section
773(e) of the Act, it must do so no later
than 20 days after submission of a
44 See
19 CFR 351.301(b).
45 See 19 CFR 351.301(b)(2).
VerDate Sep<11>2014
18:30 May 18, 2023
Jkt 259001
respondent’s response to section D of
Commerce’s initial AD questionnaire.
Extensions of Time Limits
Parties may request an extension of
time limits before the expiration of a
time limit established under 19 CFR
351.301, or as otherwise specified by
Commerce. In general, an extension
request will be considered untimely if it
is filed after the expiration of the time
limit established under 19 CFR 351.301.
For submissions that are due from
multiple parties simultaneously, an
extension request will be considered
untimely if it is filed after 10:00 a.m. ET
on the due date. Under certain
circumstances, we may elect to specify
a different time limit by which
extension requests will be considered
untimely for submissions which are due
from multiple parties simultaneously. In
such a case, we will inform parties in a
letter or memorandum of the deadline
(including a specified time) by which
extension requests must be filed to be
considered timely. An extension request
must be made in a separate, standalone
submission; Commerce will grant
untimely filed requests for the extension
of time limits only in limited cases
where we determine, based on 19 CFR
351.302, that extraordinary
circumstances exist. Parties should
review Commerce’s regulations
concerning factual information prior to
submitting factual information in these
investigations.46
Certification Requirements
Any party submitting factual
information in an AD or countervailing
duty proceeding must certify to the
accuracy and completeness of that
information.47 Parties must use the
certification formats provided in 19 CFR
351.303(g).48 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305.
Parties wishing to participate in these
investigations should ensure that they
46 See 19 CFR 351.301; see also Extension of Time
Limits; Final Rule, 78 FR 57790 (September 20,
2013), available at https://www.gpo.gov/fdsys/pkg/
FR-2013-09-20/html/2013-22853.htm.
47 See section 782(b) of the Act.
48 See Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule). Answers to frequently asked
questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
32193
meet the requirements of 19 CFR
351.103(d) (e.g., by filing a letter of
appearance as discussed). Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.49
This notice is issued and published
pursuant to sections 732(c)(2) and 777(i)
of the Act, and 19 CFR 351.203(c).
Dated: May 15, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix—Scope of the Investigations
The scope of these investigations covers
boltless steel shelving units prepackaged for
sale, with or without decks (boltless steel
shelving). The term ‘‘prepackaged for sale’’
means that, at a minimum, the steel vertical
supports (i.e., uprights and posts) and steel
horizontal supports (i.e., beams, braces)
necessary to assemble a completed shelving
unit (with or without decks) are packaged
together for ultimate purchase by the enduser. The scope also includes add-on kits.
Add-on kits include, but are not limited to,
kits that allow the end-user to add an
extension shelving unit onto an existing
boltless steel shelving unit such that the
extension and the original unit will share
common frame elements (e.g., two posts).
The term ‘‘boltless’’ refers to steel shelving in
which the vertical and horizontal supports
forming the frame are assembled primarily
without the use of nuts and bolts, or screws.
The vertical and horizontal support members
for boltless steel shelving are assembled by
methods such as, but not limited to, fitting
a rivet, punched or cut tab, or other similar
connector on one support into a hole, slot or
similar receptacle on another support. The
supports lock together to form the frame for
the shelving unit, and provide the structural
integrity of the shelving unit separate from
the inclusion of any decking. The incidental
use of nuts and bolts, or screws to add
accessories, wall anchors, tie-bars or shelf
supports does not remove the product from
scope. Boltless steel shelving units may also
come packaged as partially assembled, such
as when two upright supports are welded
together with front-to-back supports, or are
otherwise connected, to form an end unit for
the frame. The boltless steel shelving covered
by these investigations may be commonly
described as rivet shelving, welded frame
shelving, slot and tab shelving, and punched
rivet (quasi-rivet) shelving as well as by other
trade names. The term ‘‘deck’’ refers to the
shelf that sits on or fits into the horizontal
supports (beams or braces) to provide the
horizontal storage surface of the shelving
unit.
The scope includes all boltless steel
shelving meeting the description above,
regardless of: (1) vertical support or post type
(including but not limited to open post,
49 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
E:\FR\FM\19MYN1.SGM
19MYN1
32194
Federal Register / Vol. 88, No. 97 / Friday, May 19, 2023 / Notices
closed post and tubing); (2) horizontal
support or beam/brace profile (including but
not limited to Z-beam, C-beam, L-beam, step
beam and cargo rack); (3) number of
supports; (4) surface coating (including but
not limited to paint, epoxy, powder coating,
zinc and other metallic coating); (5) number
of levels; (6) weight capacity; (7) shape
(including but not limited to rectangular,
square, and corner units); (8) decking
material (including but not limited to wire
decking, particle board, laminated board or
no deck at all); or (9) the boltless method by
which vertical and horizontal supports
connect (including but not limited to keyhole
and rivet, slot and tab, welded frame,
punched rivet and clip).
Specifically excluded from the scope are:
• Wall-mounted shelving, defined as
shelving that is hung on the wall and does
not stand on, or transfer load to, the floor.
The addition of a wall bracket or other device
to attach otherwise freestanding subject
merchandise to a wall does not meet the
terms of this exclusion;
• Wire shelving units, which consist of
shelves made from wire that incorporates
both a wire deck and wire horizontal
supports (taking the place of the horizontal
beams and braces) into a single piece with
tubular collars that slide over the posts and
onto plastic sleeves snapped on the posts to
create the finished shelving unit;
• Bulk-packed parts or components of
boltless steel shelving units; and
• Made-to-order shelving systems.
Subject boltless steel shelving enters the
United States through Harmonized Tariff
Schedule of the United States (HTSUS)
statistical subheading 9403.20.0075. While
the HTSUS subheading is provided for
convenience and customs purposes, the
written description of the scope of these
investigations is dispositive.
[FR Doc. 2023–10778 Filed 5–18–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–848]
Stilbenic Optical Brightening Agents
From Taiwan: Preliminary Results of
Antidumping Duty Administrative
Review; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that Teh Fong Min
International Co., Ltd. (TFM), the sole
producer and/or exporter subject to this
administrative review, made sales of
stilbenic optical brightening agents
(OBAs) at less than normal value during
the period of review (POR) May 1, 2021,
through April 30, 2022. We invite
interested parties to comment on these
preliminary results.
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
VerDate Sep<11>2014
18:30 May 18, 2023
Jkt 259001
DATES:
Applicable May 19, 2023.
FOR FURTHER INFORMATION CONTACT:
Hermes Pinilla, 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) 482–3477.
SUPPLEMENTARY INFORMATION:
Background
On May 10, 2012, we published in the
Federal Register an antidumping duty
order on OBAs from Taiwan.1 On May
2, 2022, we published in the Federal
Register a notice of opportunity to
request an administrative review of the
Order.2 On July 14, 2022, based on
timely requests for an administrative
review, Commerce initiated the
administrative review of the Order with
respect to TFM.3 On January 12, 2023,
we extended the due date for the
preliminary results of this review by 120
days to no later than May 24, 2023.4
For a detailed description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.5 A list of topics
discussed in the Preliminary Decision
Memorandum is included as the
appendix to this notice. The Preliminary
Decision Memorandum is a public
document and is available 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 Preliminary Decision
Memorandum is available at https://
access.trade.gov/public/FRNotices
ListLayout.aspx.
1 See Certain Stilbenic Optical Brightening Agents
from Taiwan: Amended Final Determination of
Sales at Less Than Fair Value and Antidumping
Duty Order, 77 FR 27419 (May 10, 2012) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 87 FR 25619
(May 2, 2022).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
42144, 42149 (July 14, 2022); see also Archroma
U.S., Inc.’s Letter, ‘‘Archroma U.S., Inc.’s Request
for Administrative Review of Certain Stilbenic
Optical Brightening Agents from Taiwan, Case No.
A–583–848, POR 5/1/21–4/30/22,’’ dated May 31,
2022; and TFM’s Letter, ‘‘Certain Stilbenic Optical
Brightening Agents (CSOBA) from Taiwan,’’ dated
May 29, 2022.
4 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review, 2021–2022,’’ dated January
12, 2023.
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Antidumping Duty
Administrative Review; 2021–2022: Certain
Stilbenic Optical Brightening Agents from Taiwan,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
Scope of the Order
The products covered by the Order
are OBAs. A full description of the
scope of the Order is contained in the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).
Export price and constructed export
price are 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 Review
We preliminarily determine that the
following weighted-average dumping
margin exists for the period May 1,
2021, through April 30, 2022:
Producer and/or exporter
Weightedaverage
dumping
margin
(percent)
Teh Fong Min International Co.,
Ltd ...........................................
3.89
Disclosure and Public Comment
We intend to disclose the calculations
performed in connection with these
preliminary results to interested parties
within five days after public
announcement of the preliminary
results.6
Pursuant to 19 CFR 351.309(c)(1)(ii),
interested parties may submit case briefs
to the Assistant Secretary for
Enforcement and Compliance no later
than 30 days after the date of
publication of this notice. Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed no later than
seven days after the date for filing case
briefs.7 Parties who submit case or
rebuttal briefs in this proceeding are
encouraged to submit with each
argument: (1) a statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.8 Case and
rebuttal briefs should be filed using
ACCESS and must be served on
interested parties.9 Note that Commerce
has temporarily modified certain of its
requirements for serving documents
6 See
19 CFR 351.224(b).
19 CFR 351.309(d)(1).
8 See 19 CFR 351.309(c)(2) and (d)(2).
9 See 19 CFR 351.303 (for general filing
requirements).
7 See
E:\FR\FM\19MYN1.SGM
19MYN1
]]>Agencies
[Federal Register Volume 88, Number 97 (Friday, May 19, 2023)]
[Notices]
[Pages 32188-32194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10778]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-914, A-557-824, A-549-846, A-583-871, A-552-835]
Boltless Steel Shelving Units Prepackaged for Sale From India,
Malaysia, Taiwan, Thailand and the Socialist Republic of Vietnam:
Initiation of Less-Than-Fair-Value Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable May 15, 2023.
FOR FURTHER INFORMATION CONTACT: Andrew Huston (India), Samuel Frost
(Malaysia), Joy Zhang (Taiwan), Fred Baker (Thailand), or Whitley
Herndon (the Socialist Republic of Vietnam (Vietnam)); AD/CVD
Operations, Offices VII, V, VI, and III, respectively, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-8180, (202) 482-6274, (202) 482-4261, (202) 482-2924, or
(202) 482-1168, respectively.
SUPPLEMENTARY INFORMATION:
The Petitions
On April 25, 2023, the U.S. Department of Commerce (Commerce)
received antidumping duty (AD) petitions concerning imports of boltless
steel shelving units prepackaged for sale (boltless steel shelving)
from India, Malaysia, Taiwan, Thailand, and Vietnam filed in proper
form on behalf of Edsal Manufacturing Co., Inc. (the petitioner), a
domestic producer of boltless steel shelving.\1\
---------------------------------------------------------------------------
\1\ See Petitioner's Letter, ``Boltless Steel Shelving Units
Prepackaged for Sale from India, Malaysia, Taiwan, Thailand, and
Vietnam--Petition for the Imposition of Antidumping Duties,'' dated
April 25, 2023 (Petitions).
---------------------------------------------------------------------------
On April 27 and 28 and May 8 and 10, 2023, Commerce requested
supplemental information pertaining to certain aspects of the
Petitions.\2\ The petitioner filed timely responses to these requests
on May 1, 3, 8, and 10, 2023.\3\
---------------------------------------------------------------------------
\2\ See Commerce's Letters, ``Petitions for the Imposition of
Antidumping Duties on Imports of Boltless Steel Shelving Units
Prepackaged for Sale from India, Malaysia, Taiwan, Thailand, and the
Socialist Republic of Vietnam: Supplemental Questions,'' dated April
27, 2023 (General Issues Questionnaire); and Country-Specific-
Questionnaires: India Supplemental, Malaysia Supplemental, Taiwan
Supplemental, Thailand Supplemental, and Vietnam Supplemental, dated
April 28, 2023; see also Country-Specific Memoranda: India
Memorandum, Malaysia Memorandum, Taiwan Memorandum, Thailand
Memorandum, and Vietnam Memorandum, dated May 5, 2023; Memorandum,
``Petition for the Imposition of Antidumping Duties on Imports of
Boltless Steel Shelving Units Prepackaged for Sale from Taiwan--
Phone Call with Counsel to the Petitioner,'' dated May 8, 2023; and
Memorandum, ``Phone Call with Counsel to the Petitioner,'' dated May
10, 2023 (Scope Memorandum).
\3\ See Petitioner's Letters, ``Boltless Steel Shelving from
India, Malaysia, Taiwan, Thailand, and Vietnam--Petitioner's
Supplement to Volume I Relating to Request for the Imposition of
Antidumping Duties on Imports from India, Malaysia, Taiwan,
Thailand, and Vietnam,'' dated May 1, 2023 (General Issues
Supplement); ``Petitioner's Response to the Department's
Supplemental Questionnaire Regarding Volume II of the Petition for
the Imposition of Antidumping Duties on Imports from India,'' dated
May 3, 2023; ``Petitioner's Response to the Department's
Supplemental Questionnaire Regarding Volume III of the Petition for
the Imposition of Antidumping Duties on Imports from Malaysia,''
dated May 3, 2023; ``Petitioner's Response to the Department's
Supplemental Questionnaire Regarding Volume IV of the Petition for
the Imposition of Antidumping Duties on Imports from Taiwan,'' dated
May 3, 2023; ``Petitioner's Response to the Department's
Supplemental Questionnaire Regarding Volume V of the Petition for
the Imposition of Antidumping Duties on Imports from Thailand,''
dated May 3, 2023; ``Petitioner's Response to the Department's
Supplemental Questionnaire Regarding Volume VI of the Petition for
the Imposition of Antidumping Duties on Imports from Vietnam,''
dated May 3, 2023; ``Petitioner's Response to the Department's
Second Supplemental Questionnaire Regarding Volume II of the
Petition for the Imposition of Antidumping Duties on Imports from
India,'' dated May 8, 2023; ``Petitioner's Response to the
Department's Second Supplemental Questionnaire Regarding Volume III
of the Petition for the Imposition of Antidumping Duties on Imports
from Malaysia,'' dated May 8, 2023; ``Petitioner's Response to the
Department's Second Supplemental Questionnaire Regarding Volume IV
of the Petition for the Imposition of Antidumping Duties on Imports
from Taiwan,'' dated May 8, 2023; ``Petitioner's Response to the
Department's Second Supplemental Questionnaire Regarding Volume V of
the Petition for the Imposition of Antidumping Duties on Imports
from Thailand,'' dated May 8, 2023; ``Petitioner's Response to the
Department's Second Supplemental Questionnaire Regarding Volume VI
of the Petition for the Imposition of Antidumping Duties on Imports
from Vietnam,'' dated May 8, 2023; and ``Petitioner's 2nd Supplement
to Volume I Relating to Request for the Imposition of Antidumping
Duties on Imports from India, Malaysia, Taiwan, Thailand, and
Vietnam,'' dated May 10, 2023 (Scope Supplement).
---------------------------------------------------------------------------
In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that imports of boltless
steel shelving from India, Malaysia, Taiwan, Thailand, and Vietnam are
being, or are likely to be, sold in the United States at less than fair
value (LTFV) within the meaning of section 731 of the Act, and that
imports of such products are materially injuring, or threatening
material injury to, the boltless steel shelving industry in the United
States. Consistent with section 732(b)(1) of the Act, the Petitions
were accompanied by information reasonably available to the petitioner
supporting its allegations.
Commerce finds that the petitioner filed the Petitions on behalf of
the
[[Page 32189]]
domestic industry, because the petitioner is an interested party, as
defined in section 771(9)(C) of the Act. Commerce also finds that the
petitioner demonstrated sufficient industry support for the initiation
of the requested LTFV investigations.\4\
---------------------------------------------------------------------------
\4\ See infra, section titled ``Determination of Industry
Support for the Petitions.''
---------------------------------------------------------------------------
Periods of Investigation
Because the Petitions were filed on April 25, 2023, the period of
investigation (POI) for the India, Malaysia, Thailand, and Taiwan AD
investigations is April 1, 2022, through March 31, 2023, pursuant to 19
CFR 351.204(b)(1). Because Vietnam is a non-market economy (NME)
country, pursuant to 19 CFR 351.204(b)(1), the POI for the Vietnam AD
investigation is October 1, 2022, through March 31, 2023.
Scope of the Investigations
The product covered by these investigations is boltless steel
shelving from India, Malaysia, Taiwan, Thailand, and Vietnam. For a
full description of the scope of these investigations, see the appendix
to this notice.
Comments on the Scope of the Investigations
On April 27 and May 10, 2023, Commerce requested information from
the petitioner regarding the proposed scope to ensure that the scope
language in the Petitions is an accurate reflection of the products for
which the domestic industry is seeking relief.\5\ On May 1 and 10,
2023, the petitioner provided clarifications and revised the scope.\6\
The description of the merchandise covered by these investigations, as
described in the appendix to this notice, reflects these
clarifications.
---------------------------------------------------------------------------
\5\ See General Issues Questionnaire; see also Scope Memorandum.
\6\ See General Issues Supplement at 3-7 and Attachments 2 and
3; see also Scope Supplement.
---------------------------------------------------------------------------
As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\7\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determinations. If scope comments include factual information,\8\ all
such factual information should be limited to public information. To
facilitate preparation of its questionnaires, Commerce requests that
all interested parties submit such comments by 5:00 p.m. Eastern Time
(ET) on June 5, 2023, which is the next business day after 20 calendar
days from the signature date of this notice.\9\ Any rebuttal comments,
which may include factual information, must be filed by 5:00 p.m. ET on
June 15, 2023, which is 10 calendar days from the initial comment
deadline.
---------------------------------------------------------------------------
\7\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\8\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\9\ The deadline for comments falls on Sunday, June 4, 2023.
Commerce's practice dictates that where a deadline falls on a
weekend or federal holiday, the appropriate deadline is the next
business day (in this instance, June 5, 2023). See Notice of
Clarification: Application of ``Next Business Day'' Rule for
Administrative Determination Deadlines Pursuant to the Tariff Act of
1930, as Amended, 70 FR 24533 (May 10, 2005) (Next Business Day
Rule).
---------------------------------------------------------------------------
Commerce requests that any factual information that parties
consider relevant to the scope of these investigations be submitted
during this period. However, if a party subsequently finds that
additional factual information pertaining to the scope of these
investigations may be relevant, the party must contact Commerce and
request permission to submit the additional information. All such
submissions must be filed on the records of each of the concurrent AD
investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\10\ An electronically-filed document must be received
successfully in its entirety by the time and date on which it is due.
---------------------------------------------------------------------------
\10\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on help using
ACCESS can be found at https://access.trade.gov/help.aspx and a
handbook can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
---------------------------------------------------------------------------
Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of boltless steel shelving
to be reported in response to Commerce's AD questionnaires. This
information will be used to identify the key physical characteristics
of the subject merchandise in order to report the relevant factors of
production (FOP) or costs of production (COP) accurately, as well as to
develop appropriate product comparison criteria where appropriate.
Subsequent to the publication of this notice, Commerce intends to
release a proposed list of physical characteristics and product-
comparison criteria, and interested parties may provide any information
or comments that they feel are relevant to the development of an
accurate list of physical characteristics. Specifically, they may
provide comments as to which characteristics are appropriate to use as:
(1) general product characteristics; and (2) product comparison
criteria. We note that it is not always appropriate to use all product
characteristics as product comparison criteria. We base product
comparison criteria on meaningful commercial differences among
products. In other words, although there may be some physical product
characteristics utilized by manufacturers to describe boltless steel
shelving, it may be that only a select few product characteristics take
into account commercially meaningful physical characteristics. In
addition, interested parties may comment on the order in which the
physical characteristics should be used in matching products.
Generally, Commerce attempts to list the most important physical
characteristics first and the least important characteristics last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, all product
characteristics comments must be filed by 5:00 p.m. ET on June 5, 2023,
which is the next business day after 20 calendar days from the
signature date of this notice.\11\ Any rebuttal comments must be filed
by 5:00 p.m. ET on June 15, 2023, which is 10 calendar days from the
initial comment deadline. All comments and submissions to Commerce must
be filed electronically using ACCESS, as explained above, on the record
of each of the LTFV investigations.
---------------------------------------------------------------------------
\11\ See Next Business Day Rule.
---------------------------------------------------------------------------
Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition
[[Page 32190]]
does not establish support of domestic producers or workers accounting
for more than 50 percent of the total production of the domestic like
product, Commerce shall: (i) poll the industry or rely on other
information in order to determine if there is support for the petition,
as required by subparagraph (A); or (ii) determine industry support
using a statistically valid sampling method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the Act directs
Commerce to look to producers and workers who produce the domestic like
product. The U.S. International Trade Commission (ITC), which is
responsible for determining whether ``the domestic industry'' has been
injured, must also determine what constitutes a domestic like product
in order to define the industry. While both Commerce and the ITC must
apply the same statutory definition regarding the domestic like
product,\12\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\13\
---------------------------------------------------------------------------
\12\ See section 771(10) of the Act.
\13\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigations.\14\ Based on our analysis of the information
submitted on the record, we have determined that boltless steel
shelving, as defined in the scope, constitutes a single domestic like
product, and we have analyzed industry support in terms of that
domestic like product.\15\
---------------------------------------------------------------------------
\14\ See Petitions at Volume I (pages 15-17 and Exhibit GEN-10);
see also General Issues Supplement at 3 and Attachment 1.
\15\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see, individually, AD Investigation Initiation Checklists,
``Boltless Steel Shelving Units Prepackaged for Sale from India,
Malaysia, Taiwan, Thailand, and the Socialist Republic of Vietnam,''
dated concurrently with this notice (Country-Specific AD Initiation
Checklists), at Attachment II (Analysis of Industry Support for the
Antidumping Duty Petitions Covering Boltless Steel Shelving Units
Prepackaged for Sale from India, Malaysia, Taiwan, Thailand, and the
Socialist Republic of Vietnam).
---------------------------------------------------------------------------
In determining whether the petitioner has standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioner provided its
own production of boltless steel shelving in 2022 and compared this to
the total volume of boltless steel shelving produced by the U.S.
industry in 2022.\16\ We relied on data provided by the petitioner for
purposes of measuring industry support.\17\
---------------------------------------------------------------------------
\16\ See Petitions at Volume I (page 3 and Exhibits GEN-4 and
GEN-5).
\17\ Id. at Volume I (pages 2-3 and Exhibits GEN-1 through GEN-
5). For further discussion, see Attachment II of the Country-
Specific AD Initiation Checklists.
---------------------------------------------------------------------------
Our review of the data provided in the Petitions, the General
Issues Supplement, and other information readily available to Commerce
indicates that the petitioner has established industry support for the
Petitions.\18\ First, the Petitions established support from domestic
producers (or workers) accounting for more than 50 percent of the total
production of the domestic like product and, as such, Commerce is not
required to take further action in order to evaluate industry support
(e.g., polling).\19\ Second, the domestic producers (or workers) have
met the statutory criteria for industry support under section
732(c)(4)(A)(i) of the Act because the domestic producers (or workers)
who support the Petitions account for at least 25 percent of the total
production of the domestic like product.\20\ Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 732(c)(4)(A)(ii) of the Act because the domestic
producers (or workers) who support the Petitions account for more than
50 percent of the production of the domestic like product produced by
that portion of the industry expressing support for, or opposition to,
the Petitions.\21\ Accordingly, Commerce determines that the Petitions
were filed on behalf of the domestic industry within the meaning of
section 732(b)(1) of the Act.\22\
---------------------------------------------------------------------------
\18\ See Petitions at Volume I (pages 2-3 and Exhibits GEN-1
through GEN-5). For further discussion, see Attachment II of the
Country-Specific AD Initiation Checklists.
\19\ See Attachment II of the Country-Specific AD Initiation
Checklists; see also section 732(c)(4)(D) of the Act.
\20\ See Attachment II of the Country-Specific AD Initiation
Checklists.
\21\ Id.
\22\ Id.
---------------------------------------------------------------------------
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioner alleges that
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\23\
---------------------------------------------------------------------------
\23\ See Petitions at Volume I (pages 17-20 and Exhibits GEN-1
and GEN-11).
---------------------------------------------------------------------------
With regard to India, while the allegedly dumped imports from India
do not exceed the statutory requirements for negligibility, the
petitioner alleges and provides supporting evidence that: (1) there is
a reasonable indication that the data obtained in the ITC's
investigation will establish that imports exceed the negligibility
threshold; \24\ and (2) there is the potential that imports from India
will imminently exceed the negligibility threshold and, therefore, are
not negligible for purposes of a threat determination.\25\ The
petitioner's arguments regarding the limitations of publicly available
import data and the reasonable indication that the data obtained in the
ITC's investigation will establish that imports exceed the
negligibility threshold are consistent with the SAA. Furthermore, the
petitioner's arguments regarding the potential for imports from India
to imminently exceed the negligibility threshold are consistent with
the statutory criteria for ``negligibility in threat analysis'' under
section 771(24)(A)(iv) of the Act, which provides that imports shall
not be treated as negligible if there is a potential that subject
imports from a country will imminently exceed the statutory
requirements for negligibility.
---------------------------------------------------------------------------
\24\ See Statement of Administrative Action Accompanying the
Uruguay Round Agreements Act, H.R. Doc. 103-316, Vol. 1 (1994)
(SAA), at 857; see also Petitions at Volume I (pages 12-13, 18-20,
and Exhibits GEN-1 and GEN-11).
\25\ See section 771(24)(A)(iv) of the Act; see also Petitions
at Volume I (pages 18-20 and Exhibits GEN-1 and GEN-11).
---------------------------------------------------------------------------
The petitioner contends that the industry's injured condition is
illustrated by a significant and
[[Page 32191]]
increasing volume of subject imports; declining market share;
underselling and price depression and/or suppression; lost sales and
revenues; decline in U.S. shipments, production, and capacity
utilization; decline in employment variables; and adverse impact on
financial performance.\26\ We assessed the allegations and supporting
evidence regarding material injury, threat of material injury,
causation, as well as negligibility, and we have determined that these
allegations are properly supported by adequate evidence and meet the
statutory requirements for initiation.\27\
---------------------------------------------------------------------------
\26\ See Petitions at Volume I (pages 14, 17-37 and Exhibits
GEN-1, GEN-8, and GEN-10 through GEN-16); see also General Issues
Supplement at 7-8 and Attachments 4-6.
\27\ See Country-Specific AD Initiation Checklists at Attachment
III (Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping Duty Petitions Covering Boltless Steel
Shelving Units Prepackaged for Sale from India, Malaysia, Taiwan,
Thailand, and the Socialist Republic of Vietnam).
---------------------------------------------------------------------------
Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate these LTFV
investigations on imports of boltless steel shelving from India,
Malaysia, Taiwan, Thailand, and Vietnam. The sources of data for the
deductions and adjustments relating to U.S. price and normal value (NV)
are discussed in greater detail in the Country-Specific AD Initiation
Checklists.
U.S. Price
For India, Malaysia, Thailand, Taiwan, and Vietnam, the petitioner
based export price (EP) on pricing information for boltless steel
shelving produced in, and exported from, the respective countries and
sold or offered for sale in the United States.\28\ The petitioner made
certain adjustments for movement and other expenses for the U.S. price
based on the pricing information to calculate a net U.S. price, where
applicable.\29\
---------------------------------------------------------------------------
\28\ See Country-Specific AD Initiation Checklists.
\29\ Id.
---------------------------------------------------------------------------
Normal Value 30
---------------------------------------------------------------------------
\30\ In accordance with section 773(b)(2) of the Act, for these
investigations, Commerce will request information necessary to
calculate the constructed value (CV) and COP to determine whether
there are reasonable grounds to believe or suspect that sales of the
foreign like product have been made at prices that represent less
than the COP of the product.
---------------------------------------------------------------------------
The petitioner based NV on home market pricing information obtained
through market research for boltless steel shelving produced in and
sold, or offered for sale, in India, Malaysia, Thailand, and Taiwan
during the applicable time period.\31\
---------------------------------------------------------------------------
\31\ See Country-Specific AD Initiation Checklist.
---------------------------------------------------------------------------
Commerce considers Vietnam to be an NME country.\32\ In accordance
with section 771(18)(C)(i) of the Act, any determination that a foreign
country is an NME country shall remain in effect until revoked by
Commerce. Therefore, we continue to treat Vietnam as an NME country for
purposes of the initiation of this investigation. Accordingly, NV in
Vietnam is appropriately based on FOPs valued in a surrogate market
economy country, in accordance with section 773(c) of the Act.
---------------------------------------------------------------------------
\32\ See, e.g., Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Final Results, and Final Results of No
Shipments of the Antidumping Duty Administrative Review; 2016-2017,
84 FR 18007 (April 29, 2019).
---------------------------------------------------------------------------
The petitioner claims that Indonesia is an appropriate surrogate
country for Vietnam because Indonesia is a market economy country that
is at a level of economic development comparable to that of Vietnam and
is a significant producer of comparable merchandise. The petitioner
provided publicly available information from Indonesia to value all
FOPs. Based on the information provided by the petitioner, we determine
that it is appropriate to use Indonesia as a surrogate country for
initiation purposes.
Interested parties will have the opportunity to submit comments
regarding surrogate country selection and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an opportunity to submit publicly
available information to value FOPs within 30 days before the scheduled
date of the preliminary determination.
Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to
believe that imports of boltless steel shelving from India, Malaysia,
Taiwan, Thailand, and Vietnam are being, or are likely to be, sold in
the United States at LTFV. Based on comparisons of EP to NV in
accordance with sections 772 and 773 of the Act, the estimated dumping
margins for boltless steel shelving from each of the countries covered
by this initiation are as follows: (1) India--175.31 percent; (2)
Malaysia--35.45 to 81.12 percent; (3) Taiwan--78.12 percent; (4)
Thailand--176.62 to 187.03 percent; and (5) Vietnam--92.60 to 224.94
percent.\33\
---------------------------------------------------------------------------
\33\ Id.
---------------------------------------------------------------------------
Initiation of LTFV Investigations
Based upon our examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating these LTFV investigations to
determine whether imports of boltless steel shelving from India,
Malaysia, Taiwan, Thailand, and Vietnam are being, or are likely to be,
sold in the United States at LTFV. In accordance with section
733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless postponed, we
will make our preliminary determinations no later than 140 days after
the date of this initiation.
Respondent Selection
India, Malaysia, Taiwan, and Thailand
In the Petitions, the petitioner identified three companies in
India, three companies in Malaysia, one company in Taiwan, and seven
companies in Thailand as producers/exporters of boltless steel
shelving.\34\ Following standard practice in AD investigations
involving market economy countries, in the event Commerce determines
that the number of exporters or producers is large such that Commerce
cannot individually examine each company based on its resources, where
appropriate, Commerce intends to select mandatory respondents in these
cases based on U.S. Customs and Border Protection (CBP) data for U.S.
imports under the appropriate Harmonized Tariff Schedule of the United
States subheadings listed in the ``Scope of the Investigations,'' in
the appendix to this notice.
---------------------------------------------------------------------------
\34\ See Petitions at Volume I (page 14 and Exhibit GEN-7).
---------------------------------------------------------------------------
On May 8, 2023, Commerce released CBP data on U.S. imports of
boltless steel shelving from Taiwan, under administrative protective
order (APO) to all parties with access to information protected by
APO.\35\ On May 10, 2023, Commerce released CBP data on imports of
boltless steel shelving from India, Malaysia, and Thailand under APO to
all parties with access to information protected by APO.\36\ When it
released these data, Commerce indicated that interested parties wishing
to comment on CBP data must do so within three business days of the
publication date of
[[Page 32192]]
the notice of initiation of these investigations. Comments must be
filed electronically using ACCESS. An electronically-filed document
must be received successfully in its entirety via ACCESS by 5:00 p.m.
ET on the specified deadline. Commerce will not accept rebuttal
comments regarding the CBP data or respondent selection.
---------------------------------------------------------------------------
\35\ See Memorandum, ``Antidumping Duty Investigation of
Boltless Steel Shelving Units Prepackaged for Sale from Taiwan:
Release of Customs Data from U.S. Customs and Border Protection,''
dated May 8, 2023.
\36\ See Memoranda, ``Boltless Steel Shelving Units Prepackaged
for Sale from India: Release of Data from U.S. Customs and Border
Protection,'' dated May 10, 2023; ``Petition for the Imposition of
Antidumping Duties on Imports of Boltless Steel Shelving Units
Prepackaged for Sale from Malaysia: Release of U.S. Customs and
Border Protection Data,'' dated May 10, 2023; and ``Less-Than-Fair-
Value Petition of Boltless Steel Shelving Units Prepackaged for Sale
from Thailand: Release of U.S. Customs and Border Protection Data,''
dated May 10, 2023.
---------------------------------------------------------------------------
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on Commerce's website at https://access.trade.gov/Resources/Administrative_Protective_Order.aspx.
Vietnam
In the Petition, the petitioner named three companies as producers/
exporters of boltless steel shelving in Vietnam.\37\ In accordance with
our standard practice for respondent selection in AD investigations
involving NME countries, Commerce selects respondents based on quantity
and value (Q&V) questionnaires in cases where it has determined that
the number of companies is large, and it cannot individually examine
each company based upon its resources. Therefore, considering the
number of Vietnamese producers and exporters identified in the
Petitions, Commerce will solicit Q&V information that can serve as a
basis for selecting exporters for individual examination in the event
that Commerce decides to limit the number of respondents individually
examined pursuant to section 777A(c)(2) of the Act. Given that there
are three producers and exporters identified in the Petition, Commerce
has determined that it will issue Q&V questionnaires to each potential
respondent for which the petitioner has provided a complete address.
---------------------------------------------------------------------------
\37\ See Petitions at Volume I (Exhibit GEN-4).
---------------------------------------------------------------------------
In addition, Commerce will post the Q&V questionnaire along with
filing instructions on Enforcement and Compliance's website at https://www.trade.gov/ec-adcvd-case-announcements. Producers/exporters of
boltless steel shelving from Vietnam that do not receive Q&V
questionnaires may still submit a response to the Q&V questionnaire and
can obtain a copy of the Q&V questionnaire from Enforcement and
Compliance's website. In accordance with the standard practice for
respondent selection in AD cases involving NME countries, in the event
Commerce decides to limit the number of respondents individually
investigated, Commerce intends to base respondent selection on the
responses to the Q&V questionnaire that it receives.
Responses to the Q&V questionnaire must be submitted by the
relevant Vietnamese producers/exporters no later than 5:00 p.m. ET on
May 30, 2023, which is two weeks from the signature date of this
notice.\38\ All Q&V questionnaire responses must be filed
electronically via ACCESS. An electronically filed document must be
received successfully, in its entirety, by ACCESS no later than 5:00
p.m. ET on the deadline noted above. Commerce intends to finalize its
decisions regarding respondent selection within 20 days of publication
of this notice.
---------------------------------------------------------------------------
\38\ Because the current deadline falls on a federal holiday
(i.e., May 29, 2023), the deadline is the next business day (i.e.,
May 30, 2023). See Next Business Day Rule.
---------------------------------------------------------------------------
Separate Rates
In order to obtain separate-rate status in an NME investigation,
exporters and producers must submit a separate rate application.\39\
The specific requirements for submitting a separate rate application in
a Vietnam investigation are outlined in detail in the application
itself, which is available on Commerce's website at https://access.trade.gov/Resources/nme/nme-sep-rate.html. The separate rate
application will be due 30 days after publication of this initiation
notice.\40\ Exporters and producers who submit a separate rate
application and have been selected as mandatory respondents will be
eligible for consideration for separate rate status only if they
respond to all parts of Commerce's AD questionnaire as mandatory
respondents. Commerce requires that companies from Vietnam submit a
response to both the Q&V questionnaire and the separate rate
application by the respective deadlines in order to receive
consideration for separate rate status. Companies not filing a timely
Q&V questionnaire response will not receive separate rate
consideration.
---------------------------------------------------------------------------
\39\ See Policy Bulletin 05.1, regarding, ``Separate-Rates
Practice and Application of Combination Rates in Antidumping
Investigation involving NME Countries'' (April 5, 2005) (Policy
Bulletin 05.1), available at https://enforcement.trade.gov/policy/bull05-1.pdf.
\40\ Although in past investigations this deadline was 60 days,
consistent with 19 CFR 351.301(a), which states that ``the Secretary
may request any person to submit factual information at any time
during a proceeding,'' this deadline is now 30 days.
---------------------------------------------------------------------------
Use of Combination Rates
Commerce will calculate combination rates for certain respondents
that are eligible for a separate rate in an NME investigation. Policy
Bulletin 05.1 states:
{w{time} hile continuing the practice of assigning separate rates only
to exporters, all separate rates that {Commerce{time} will now assign
in its NME Investigation will be specific to those producers that
supplied the exporter during the period of investigation. Note,
however, that one rate is calculated for the exporter and all of the
producers which supplied subject merchandise to it during the period of
investigation. This practice applies both to mandatory respondents
receiving an individually calculated separate rate as well as the pool
of non-investigated firms receiving the weighted-average of the
individually calculated rates. This practice is referred to as the
application of ``combination rates'' because such rates apply to
specific combinations of exporters and one or more producers. The cash-
deposit rate assigned to an exporter will apply only to merchandise
both exported by the firm in question and produced by a firm that
supplied the exporter during the period of investigation.\41\
---------------------------------------------------------------------------
\41\ See Policy Bulletin 05.1 at 6 (emphasis added).
---------------------------------------------------------------------------
Distribution of Copies of the Petitions
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the Petitions have been
provided to the governments of India, Malaysia, Thailand, Taiwan, and
Vietnam via ACCESS. To the extent practicable, we will attempt to
provide a copy of the public version of the Petitions to each exporter
named in the Petitions, as provided under 19 CFR 351.203(c)(2).
ITC Notification
We will notify the ITC of our initiation, as required by section
732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that imports of boltless steel shelving from India,
Malaysia, Taiwan, Thailand, and/or Vietnam are materially injuring, or
threatening material injury to, a U.S. industry.\42\ A negative ITC
determination for any country will result in the investigation being
terminated with respect to that country.\43\ Otherwise, these LTFV
investigations will proceed according to statutory and regulatory time
limits.
---------------------------------------------------------------------------
\42\ See section 733(a) of the Act.
\43\ Id.
---------------------------------------------------------------------------
Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires;
[[Page 32193]]
(ii) evidence submitted in support of allegations; (iii) publicly
available information to value factors under 19 CFR 351.408(c) or to
measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv)
evidence placed on the record by Commerce; and (v) evidence other than
factual information described in (i)-(iv). Section 351.301(b) of
Commerce's regulations requires any party, when submitting factual
information, to specify under which subsection of 19 CFR 351.102(b)(21)
the information is being submitted \44\ and, if the information is
submitted to rebut, clarify, or correct factual information already on
the record, to provide an explanation identifying the information
already on the record that the factual information seeks to rebut,
clarify, or correct.\45\ Time limits for the submission of factual
information are addressed in 19 CFR 351.301, which provides specific
time limits based on the type of factual information being submitted.
Interested parties should review the regulations prior to submitting
factual information in these investigations.
---------------------------------------------------------------------------
\44\ See 19 CFR 351.301(b).
\45\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------
Particular Market Situation Allegation
Section 773(e) of the Act addresses the concept of particular
market situation (PMS) for purposes of CV, stating that ``if a
particular market situation exists such that the cost of materials and
fabrication or other processing of any kind does not accurately reflect
the cost of production in the ordinary course of trade, the
administering authority may use another calculation methodology under
this subtitle or any other calculation methodology.'' When an
interested party submits a PMS allegation pursuant to section 773(e) of
the Act, Commerce will respond to such a submission consistent with 19
CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section
773(e) of the Act, then it will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act nor 19 CFR 351.301(c)(2)(v) set a
deadline for the submission of PMS allegations and supporting factual
information. However, in order to administer section 773(e) of the Act,
Commerce must receive PMS allegations and supporting factual
information with enough time to consider the submission. Thus, should
an interested party wish to submit a PMS allegation and supporting new
factual information pursuant to section 773(e) of the Act, it must do
so no later than 20 days after submission of a respondent's response to
section D of Commerce's initial AD questionnaire.
Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301. For submissions that are due
from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, we may elect to specify a different time
limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, we will inform parties in a letter or memorandum of the
deadline (including a specified time) by which extension requests must
be filed to be considered timely. An extension request must be made in
a separate, standalone submission; Commerce will grant untimely filed
requests for the extension of time limits only in limited cases where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning factual
information prior to submitting factual information in these
investigations.\46\
---------------------------------------------------------------------------
\46\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
---------------------------------------------------------------------------
Certification Requirements
Any party submitting factual information in an AD or countervailing
duty proceeding must certify to the accuracy and completeness of that
information.\47\ Parties must use the certification formats provided in
19 CFR 351.303(g).\48\ Commerce intends to reject factual submissions
if the submitting party does not comply with the applicable
certification requirements.
---------------------------------------------------------------------------
\47\ See section 782(b) of the Act.
\48\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to
frequently asked questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------
Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in these investigations should ensure that they meet the requirements
of 19 CFR 351.103(d) (e.g., by filing a letter of appearance as
discussed). Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\49\
---------------------------------------------------------------------------
\49\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
---------------------------------------------------------------------------
This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: May 15, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix--Scope of the Investigations
The scope of these investigations covers boltless steel shelving
units prepackaged for sale, with or without decks (boltless steel
shelving). The term ``prepackaged for sale'' means that, at a
minimum, the steel vertical supports (i.e., uprights and posts) and
steel horizontal supports (i.e., beams, braces) necessary to
assemble a completed shelving unit (with or without decks) are
packaged together for ultimate purchase by the end-user. The scope
also includes add-on kits. Add-on kits include, but are not limited
to, kits that allow the end-user to add an extension shelving unit
onto an existing boltless steel shelving unit such that the
extension and the original unit will share common frame elements
(e.g., two posts). The term ``boltless'' refers to steel shelving in
which the vertical and horizontal supports forming the frame are
assembled primarily without the use of nuts and bolts, or screws.
The vertical and horizontal support members for boltless steel
shelving are assembled by methods such as, but not limited to,
fitting a rivet, punched or cut tab, or other similar connector on
one support into a hole, slot or similar receptacle on another
support. The supports lock together to form the frame for the
shelving unit, and provide the structural integrity of the shelving
unit separate from the inclusion of any decking. The incidental use
of nuts and bolts, or screws to add accessories, wall anchors, tie-
bars or shelf supports does not remove the product from scope.
Boltless steel shelving units may also come packaged as partially
assembled, such as when two upright supports are welded together
with front-to-back supports, or are otherwise connected, to form an
end unit for the frame. The boltless steel shelving covered by these
investigations may be commonly described as rivet shelving, welded
frame shelving, slot and tab shelving, and punched rivet (quasi-
rivet) shelving as well as by other trade names. The term ``deck''
refers to the shelf that sits on or fits into the horizontal
supports (beams or braces) to provide the horizontal storage surface
of the shelving unit.
The scope includes all boltless steel shelving meeting the
description above, regardless of: (1) vertical support or post type
(including but not limited to open post,
[[Page 32194]]
closed post and tubing); (2) horizontal support or beam/brace
profile (including but not limited to Z-beam, C-beam, L-beam, step
beam and cargo rack); (3) number of supports; (4) surface coating
(including but not limited to paint, epoxy, powder coating, zinc and
other metallic coating); (5) number of levels; (6) weight capacity;
(7) shape (including but not limited to rectangular, square, and
corner units); (8) decking material (including but not limited to
wire decking, particle board, laminated board or no deck at all); or
(9) the boltless method by which vertical and horizontal supports
connect (including but not limited to keyhole and rivet, slot and
tab, welded frame, punched rivet and clip).
Specifically excluded from the scope are:
Wall-mounted shelving, defined as shelving that is hung
on the wall and does not stand on, or transfer load to, the floor.
The addition of a wall bracket or other device to attach otherwise
freestanding subject merchandise to a wall does not meet the terms
of this exclusion;
Wire shelving units, which consist of shelves made from
wire that incorporates both a wire deck and wire horizontal supports
(taking the place of the horizontal beams and braces) into a single
piece with tubular collars that slide over the posts and onto
plastic sleeves snapped on the posts to create the finished shelving
unit;
Bulk-packed parts or components of boltless steel
shelving units; and
Made-to-order shelving systems.
Subject boltless steel shelving enters the United States through
Harmonized Tariff Schedule of the United States (HTSUS) statistical
subheading 9403.20.0075. While the HTSUS subheading is provided for
convenience and customs purposes, the written description of the
scope of these investigations is dispositive.
[FR Doc. 2023-10778 Filed 5-18-23; 8:45 am]
BILLING CODE 3510-DS-P
