Certain Tool Chests and Cabinets From the People's Republic of China and the Socialist Republic of Vietnam: Continuation of Antidumping Duty Orders and Countervailing Duty Order, 44274-44277 [2023-14756]
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44274
Federal Register / Vol. 88, No. 132 / Wednesday, July 12, 2023 / Notices
evidence other than factual information
described in (i)–(iv). These regulations
require any party, when submitting
factual information, to specify under
which subsection of 19 CFR
351.102(b)(21) the information is being
submitted 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. The
regulations, at 19 CFR 351.301, also
provide specific time limits for such
factual submissions based on the type of
factual information being submitted.
Please review the Final Rule,11 available
at https://www.govinfo.gov/content/pkg/
FR-2013-07-17/pdf/2013-17045.pdf,
prior to submitting factual information
in this segment. Note that Commerce
has temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.12
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information
using the formats provided at the end of
the Final Rule.13 Commerce intends to
reject factual submissions in any
proceeding segments if the submitting
party does not comply with applicable
certification requirements.
Extension of Time Limits Regulation
Parties may request an extension of
time limits before a time limit
established under Part 351 expires, or as
otherwise specified by Commerce.14 In
general, an extension request will be
considered untimely if it is filed after
the time limit established under Part
351 expires. For submissions which are
due from multiple parties
simultaneously, an extension request
will be considered untimely if it is filed
after 10:00 a.m. on the due date.
Examples include, but are not limited
to: (1) case and rebuttal briefs, filed
pursuant to 19 CFR 351.309; (2) factual
information to value factors under 19
CFR 351.408(c), or to measure the
lotter on DSK11XQN23PROD with NOTICES1
11 See
Certification of Factual Information To
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule); see also the frequently asked
questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
12 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19, 85 FR
41363 (July 10, 2020).
13 See section 782(b) of the Act; see also Final
Rule; and the frequently asked questions regarding
the Final Rule, available at https://enforcement.
trade.gov/tlei/notices/factual_info_final_rule_FAQ_
07172013.pdf.
14 See 19 CFR 351.302.
VerDate Sep<11>2014
17:29 Jul 11, 2023
Jkt 259001
adequacy of remuneration under 19 CFR
351.511(a)(2), filed pursuant to 19 CFR
351.301(c)(3) and rebuttal, clarification
and correction filed pursuant to 19 CFR
351.301(c)(3)(iv); (3) comments
concerning the selection of a surrogate
country and surrogate values and
rebuttal; (4) comments concerning CBP
data; and (5) Q&V questionnaires. Under
certain circumstances, Commerce 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,
Commerce will inform parties in the
letter or memorandum setting forth the
deadline (including a specified time) by
which extension requests must be filed
to be considered timely. This policy also
requires that an extension request must
be made in a separate, stand-alone
submission, and clarifies the
circumstances under which Commerce
will grant untimely-filed requests for the
extension of time limits. Please review
the Final Rule, available at https://
www.gpo.gov/fdsys/pkg/FR-2013-09-20/
html/2013-22853.htm, prior to
submitting factual information in these
segments.
These initiations and this notice are
in accordance with section 751(a) of the
Act (19 U.S.C. 1675(a)) and 19 CFR
351.221(c)(1)(i).
Dated: July 6, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2023–14753 Filed 7–11–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
chests and cabinets from China would
likely lead to the continuation or
recurrence of dumping, and
countervailable subsidies, and material
injury to an industry in the United
States, Commerce is publishing a notice
of continuation of these AD and CVD
orders.
DATES:
Applicable July 12, 2023.
FOR FURTHER INFORMATION CONTACT:
Claudia Cott, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4270.
SUPPLEMENTARY INFORMATION:
Background
On January 24, 2018, Commerce
published in the Federal Register the
CVD order on tool chests and cabinets
from China.1 On June 4, 2018,
Commerce published the AD orders on
tool chests and cabinets from China and
Vietnam.2
On December 1, 2022, the ITC
instituted,3 and Commerce initiated,4
the first sunset review of the AD Orders
and the CVD Order (collectively,
Orders), pursuant to section 751(c) of
the Tariff Act of 1930, as amended (the
Act). As a result of its reviews,
Commerce determined that revocation
of the Orders would likely lead to the
continuation or recurrence of dumping
and countervailable subsidies, and
therefore, notified the ITC of the
magnitude of the margins of dumping
and subsidy rates likely to prevail
should the Orders be revoked.5
On July 7, 2023, the ITC published its
determination, pursuant to sections
751(c) and 752(a) of the Act, that
revocation of the Orders would likely
lead to continuation or recurrence of
[A–570–056, A–552–821, C–570–057]
Certain Tool Chests and Cabinets
From the People’s Republic of China
and the Socialist Republic of Vietnam:
Continuation of Antidumping Duty
Orders and Countervailing Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the
determinations by the U.S. Department
of Commerce (Commerce) and the U.S.
International Trade Commission (ITC)
that revocation of the antidumping duty
(AD) orders on certain tool chests and
cabinets (tool chests and cabinets) from
the People’s Republic of China (China)
and from the Socialist Republic of
Vietnam (Vietnam), and the
countervailing duty (CVD) order on tool
AGENCY:
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1 See Certain Tool Chests and Cabinets from the
People’s Republic of China: Countervailing Duty
Order, 83 FR 3299 (January 24, 2018) (CVD Order).
2 See Certain Tool Chests and Cabinets from the
People’s Republic of China and the Socialist
Republic of Vietnam: Antidumping Duty Orders, 83
FR 25645 (June 4, 2018) (AD Orders).
3 See Tool Chests and Cabinets from China and
Vietnam; Institution of Five-Year Reviews, 87 FR
73786 (December 1, 2022).
4 See Initiation of Five-Year (Sunset) Reviews, 87
FR 73757 (December 1, 2022) (Initiation Notice).
5 See Certain Tool Chests and Cabinets from the
People’s Republic of China and the Socialist
Republic of Vietnam: Final Results of the Expedited
Sunset Reviews of the Antidumping Duty Orders, 88
FR 15667 (March 14, 2023) (Tool Chests and
Cabinets from China and Vietnam AD), and
accompanying Issues and Decision Memorandum
(IDM); and Certain Tool Chests and Cabinets from
the People’s Republic of China: Final Results of the
Expedited First Sunset Review of the Countervailing
Duty Order, 88 FR 19065 (March 30, 2023) (Tool
Chests and Cabinets from China CVD), and
accompanying IDM.
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Federal Register / Vol. 88, No. 132 / Wednesday, July 12, 2023 / Notices
Dated: July 7, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
material injury to an industry in the
United States within a reasonably
foreseeable time.6
Scope of the Orders
The scope of the Orders covers certain
metal tool chests and tool cabinets, with
drawers, from China (AD/CVD) and
Vietnam (AD). For a complete
description of the scope of the Orders,
see Appendix I and II to this notice.7
Continuation of the Orders
As a result of the determinations by
Commerce and the ITC that revocation
of the Orders would likely lead to
continuation or recurrence of dumping,
countervailable subsidies, and material
injury to an industry in the United
States, pursuant to section 751(d)(2) of
the Act, Commerce hereby orders the
continuation of the Orders. U.S.
Customs and Border Protection will
continue to collect AD and CVD cash
deposits at the rates in effect at the time
of entry for all imports of subject
merchandise.
The effective date of the continuation
of the Orders is July 7, 2023.8 Pursuant
to section 751(c)(2) of the Act and 19
CFR 351.218(c)(2), Commerce intends to
initiate the next five-year reviews of the
Orders not later than 30 days prior to
the fifth anniversary of the date of the
last determination by the Commission.
Administrative Protective Order (APO)
This notice also serves as a final
reminder to parties subject to an APO of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3),
which continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
violation which is subject to sanction.
Notification to Interested Parties
lotter on DSK11XQN23PROD with NOTICES1
These five-year (sunset) reviews and
this notice are in accordance with
sections 751(c) and 751(d)(2) of the Act
and published in accordance with
section 777(i) of the Act, and 19 CFR
351.218(f)(4).
6 See Tool Chests and Cabinets from China and
Vietnam, 88 FR 43399 (July 7, 2023) (ITC Final
Determination).
7 See also Tool Chests and Cabinets from China
and Vietnam AD Orders, 83 FR at 25646–47; and
Tool Chests and Cabinets from China CVD Order,
83 FR at 3300–01.
8 See ITC Final Determination.
VerDate Sep<11>2014
17:29 Jul 11, 2023
Jkt 259001
Appendix I
Scope of the AD Orders
The scope of these orders covers certain
metal tool chests and tool cabinets, with
drawers, (tool chests and cabinets), from the
People’s Republic of China (China) and the
Socialist Republic of Vietnam (Vietnam). The
scope covers all metal tool chests and
cabinets, including top chests, intermediate
chests, tool cabinets and side cabinets,
storage units, mobile work benches, and
work stations and that have the following
physical characteristics:
(1) a body made of carbon, alloy, or
stainless steel and/or other metals;
(2) two or more drawers for storage in each
individual unit;
(3) a width (side to side) exceeding 15
inches for side cabinets and exceeding 21
inches for all other individual units but not
exceeding 60 inches;
(4) a body depth (front to back) exceeding
10 inches but not exceeding 24 inches; and
(5) prepackaged for retail sale.
For purposes of this scope, the width
parameter applies to each individual unit,
i.e., each individual top chest, intermediate
top chest, tool cabinet, side cabinet, storage
unit, mobile work bench, and work station.
Prepackaged for retail sale means the units
may, for example, be packaged in a cardboard
box, other type of container or packaging,
and may bear a Universal Product Code,
along with photographs, pictures, images,
features, artwork, and/or product
specifications. Subject tool chests and
cabinets are covered whether imported in
assembled or unassembled form. Subject
merchandise includes tool chests and
cabinets produced in China or Vietnam but
assembled, prepackaged for retail sale, or
subject to other minor processing in a third
country prior to importation into the United
States. Similarly, it would include tool chests
and cabinets produced in China or Vietnam
that are assembled, prepackaged for retail
sale, or subject to other minor processing
after importation into the United States.
Subject tool chests and cabinets may also
have doors and shelves in addition to
drawers, may have handles (typically
mounted on the sides), and may have a work
surface on the top. Subject tool chests and
cabinets may be uncoated (e.g., stainless
steel), painted, powder coated, galvanized, or
otherwise coated for corrosion protection or
aesthetic appearance.
Subject tool chests and cabinets may be
packaged as individual units or in sets. When
packaged in sets, they typically include a
cabinet with one or more chests that stack on
top of the cabinet. Tool cabinets act as a base
tool storage unit and typically have rollers,
casters, or wheels to permit them to be
moved more easily when loaded with tools.
Work stations and mobile work benches are
tool cabinets with a work surface on the top
that may be made of rubber, plastic, metal,
wood, or other materials.
Top chests are designed to be used with a
tool cabinet to form a tool storage unit. The
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44275
top chests may be mounted on top of the base
tool cabinet or onto an intermediate chest.
They are often packaged as a set with tool
cabinets or intermediate chests, but may also
be packaged separately. They may be
packaged with mounting hardware (e.g.,
bolts) and instructions for assembling them
onto the base tool cabinet or onto an
intermediate tool chest which rests on the
base tool cabinet. Smaller top chests typically
have handles on the sides, while the larger
top chests typically lack handles.
Intermediate tool chests are designed to fit on
top of the floor standing tool cabinet and to
be used underneath the top tool chest.
Although they may be packaged or used
separately from the tool cabinet, intermediate
chests are designed to be used in conjunction
with tool cabinets. The intermediate chests
typically do not have handles. The
intermediate and top chests may have the
capability of being bolted together.
Side cabinets are designed to be bolted or
otherwise attached to the side of the base
storage cabinet to expand the storage capacity
of the base tool cabinet.
Subject tool chests and cabinets also may
be packaged with a tool set included.
Packaging a subject tool chest and cabinet
with a tool set does not remove an otherwise
covered subject tool chest and cabinet from
the scope. When this occurs, the tools are not
part of the subject merchandise.
All tool chests and cabinets that meet the
above definition are included in the scope
unless otherwise specifically excluded.
Excluded from the scope of these Orders
are tool boxes, chests, and cabinets with
bodies made of plastic, carbon fiber, wood,
or other non-metallic substances.
Also excluded from the scope of these
Orders are industrial grade steel tool chests
and cabinets. The excluded industrial grade
steel tool chests and cabinets are those:
(1) Having a body that is over 60 inches in
width; or
(2) having each of the following physical
characteristics:
(a) a body made of steel that is 0.047 inches
or more in thickness;
(b) a body depth (front to back) exceeding
21 inches; and
(c) a unit weight that exceeds the
maximum unit weight shown below for each
width range:
Inches
Maximum
pounds
Weight to Width Ratio Tool Chests
21>
25>
28>
30>
32>
34>
36>
38>
40>
42>
44>
46>
48>
50>
52>
E:\FR\FM\12JYN1.SGM
<25
≤28
≤30
≤32
≤34
≤36
≤38
≤40
≤42
≤44
≤46
≤48
≤50
≤52
≤54
................................
................................
................................
................................
................................
................................
................................
................................
................................
................................
................................
................................
................................
................................
................................
12JYN1
90
115
120
130
140
150
160
170
180
190
200
210
220
230
240
44276
Federal Register / Vol. 88, No. 132 / Wednesday, July 12, 2023 / Notices
Maximum
pounds
Inches
54> ≤56 ................................
56> ≤58 ................................
58> ≤60 ................................
250
260
270
Weight to Width Ratio Tool Cabinets
21>
25>
28>
30>
32>
34>
36>
38>
40>
42>
44>
46>
48>
50>
52>
54>
56>
58>
≤25
≤28
≤30
≤32
≤34
≤36
≤38
≤40
≤42
≤44
≤46
≤48
≤50
≤52
≤54
≤56
≤58
≤60
................................
................................
................................
................................
................................
................................
................................
................................
................................
................................
................................
................................
................................
................................
................................
................................
................................
................................
155
170
185
200
215
230
245
260
280
290
300
310
320
330
340
350
360
370
Also excluded from the scope of these
Orders are service carts. The excluded
service carts have all of the following
characteristics:
(1) Casters, wheels, or other similar devices
which allow the service cart to be rolled from
place to place;
(2) an open top for storage, a flat top, or
a flat lid on top of the unit that opens;
(3) a space or gap between the casters,
wheels, or other similar devices, and the
bottom of the enclosed storage space (e.g.,
drawers) of at least 10 inches; and
(4) a total unit height, including casters, of
less than 48 inches.
Also excluded from the scope of these
Orders are non-mobile work benches. The
excluded non-mobile work benches have all
of the following characteristics:
(1) A solid top working surface;
(2) no drawers, one drawer, or two drawers
in a side-by-side configuration; and
(3) the unit is supported by legs and has
no solid front, side, or back panels enclosing
the body of the unit.
Also excluded from the scope of these
Orders are metal filing cabinets that are
configured to hold hanging file folders and
are classified in the Harmonized Tariff
Schedule of the United States (HTSUS) at
subheading 9403.10.0020.
Merchandise subject to these Orders is
classified under HTSUS categories
9403.20.0021, 9403.20.0026, 9403.20.0030,
9403.20.0080, 9403.20.0090, and
7326.90.8688, but may also be classified
under HTSUS category 7326.90.3500. While
HTSUS subheadings are provided for
convenience and Customs purposes, the
written description of the scope of these
Orders is dispositive.
Appendix II
Scope of the CVD Order
The scope of the Order covers certain metal
tool chests and tool cabinets, with drawers
from China. The scope covers all metal tool
chests and cabinets, including top chests,
intermediate chests, tool cabinets and side
cabinets, storage units, mobile work benches,
and work stations and that have the
following physical characteristics:
(1) a body made of carbon, alloy, or
stainless steel and/or other metals;
(2) two or more drawers for storage in each
individual unit;
(3) a width (side to side) exceeding 15
inches for side cabinets and exceeding 21
inches for all other individual units but not
exceeding 60 inches;
(4) a body depth (front to back) exceeding
10 inches but not exceeding 24 inches; and
(5) prepackaged for retail sale.
For purposes of this scope, the width
parameter applies to each individual unit,
i.e., each individual top chest, intermediate
top chest, tool cabinet, side cabinet, storage
unit, mobile work bench, and work station.
Prepackaged for retail sale means the units
may, for example, be packaged in a cardboard
box, other type of container or packaging,
and may bear a Universal Product Code,
along with photographs, pictures, images,
features, artwork, and/or product
specifications. Subject tool chests and
cabinets are covered whether imported in
assembled or unassembled form. Subject
merchandise includes tool chests and
cabinets produced in China but assembled,
prepackaged for retail sale, or subject to other
minor processing in a third country prior to
importation into the United States. Similarly,
it would include tool chests and cabinets
produced in China that are assembled,
prepackaged for retail sale, or subject to other
minor processing after importation into the
United States.
Subject tool chests and cabinets may also
have doors and shelves in addition to
drawers, may have handles (typically
mounted on the sides), and may have a work
surface on the top. Subject tool chests and
cabinets may be uncoated (e.g., stainless
steel), painted, powder coated, galvanized, or
otherwise coated for corrosion protection or
aesthetic appearance.
Subject tool chests and cabinets may be
packaged as individual units or in sets. When
packaged in sets, they typically include a
cabinet with one or more chests that stack on
top of the cabinet. Tool cabinets act as a base
tool storage unit and typically have rollers,
casters, or wheels to permit them to be
moved more easily when loaded with tools.
Work stations and mobile work benches are
tool cabinets with a work surface on the top
that may be made of rubber, plastic, metal,
wood, or other materials.
Top chests are designed to be used with a
tool cabinet to form a tool storage unit. The
top chests may be mounted on top of the base
tool cabinet or onto an intermediate chest.
They are often packaged as a set with tool
cabinets or intermediate chests, but may also
be packaged separately. They may be
packaged with mounting hardware (e.g.,
bolts) and instructions for assembling them
onto the base tool cabinet or onto an
intermediate tool chest which rests on the
base tool cabinet. Smaller top chests typically
have handles on the sides, while the larger
top chests typically lack handles.
Intermediate tool chests are designed to fit on
top of the floor standing tool cabinet and to
be used underneath the top tool chest.
Although they may be packaged or used
separately from the tool cabinet, intermediate
chests are designed to be used in conjunction
with tool cabinets. The intermediate chests
typically do not have handles. The
intermediate and top chests may have the
capability of being bolted together.
Side cabinets are designed to be bolted or
otherwise attached to the side of the base
storage cabinet to expand the storage capacity
of the base tool cabinet.
Subject tool chests and cabinets also may
be packaged with a tool set included.
Packaging a subject tool chest and cabinet
with a tool set does not remove an otherwise
covered subject tool chest and cabinet from
the scope. When this occurs, the tools are not
part of the subject merchandise.
All tool chests and cabinets that meet the
above definition are included in the scope
unless otherwise specifically excluded.
Excluded from the scope of the Order are
tool boxes, chests, and cabinets with bodies
made of plastic, carbon fiber, wood, or other
non-metallic substances.
Also excluded from the scope of the Order
are industrial grade steel tool chests and
cabinets. The excluded industrial grade steel
tool chests and cabinets are those:
(1) having a body that is over 60 inches in
width; or
(2) having each of the following physical
characteristics:
(a) a body made of steel that is 0.047 inches
or more in thickness;
(b) a body depth (front to back) exceeding
21 inches; and
(c) a unit weight that exceeds the
maximum unit weight shown below for each
width range:
Maximum
pounds
lotter on DSK11XQN23PROD with NOTICES1
Inches
Weight to Width Ratio Tool Chests
Greater
Greater
Greater
Greater
Greater
than
than
than
than
than
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21
25
28
30
32
and
and
and
and
and
less
less
less
less
less
than
than
than
than
than
17:29 Jul 11, 2023
or
or
or
or
or
equal
equal
equal
equal
equal
to
to
to
to
to
Jkt 259001
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28
30
32
34
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12JYN1
90
115
120
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44277
Federal Register / Vol. 88, No. 132 / Wednesday, July 12, 2023 / Notices
Maximum
pounds
Inches
Greater
Greater
Greater
Greater
Greater
Greater
Greater
Greater
Greater
Greater
Greater
Greater
Greater
than
than
than
than
than
than
than
than
than
than
than
than
than
34
36
38
40
42
44
46
48
50
52
54
56
58
and
and
and
and
and
and
and
and
and
and
and
and
and
less
less
less
less
less
less
less
less
less
less
less
less
less
than
than
than
than
than
than
than
than
than
than
than
than
than
or
or
or
or
or
or
or
or
or
or
or
or
or
equal
equal
equal
equal
equal
equal
equal
equal
equal
equal
equal
equal
equal
to
to
to
to
to
to
to
to
to
to
to
to
to
36
38
40
42
44
46
48
50
52
54
56
58
60
.....................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
150
160
170
180
190
200
210
220
230
240
250
260
270
Weight to Width Ratio Tool Cabinets
lotter on DSK11XQN23PROD with NOTICES1
Greater
Greater
Greater
Greater
Greater
Greater
Greater
Greater
Greater
Greater
Greater
Greater
Greater
Greater
Greater
Greater
Greater
Greater
than
than
than
than
than
than
than
than
than
than
than
than
than
than
than
than
than
than
21
25
28
30
32
34
36
38
40
42
44
46
48
50
52
54
56
58
and
and
and
and
and
and
and
and
and
and
and
and
and
and
and
and
and
and
less
less
less
less
less
less
less
less
less
less
less
less
less
less
less
less
less
less
than
than
than
than
than
than
than
than
than
than
than
than
than
than
than
than
than
than
or
or
or
or
or
or
or
or
or
or
or
or
or
or
or
or
or
or
equal
equal
equal
equal
equal
equal
equal
equal
equal
equal
equal
equal
equal
equal
equal
equal
equal
equal
to
to
to
to
to
to
to
to
to
to
to
to
to
to
to
to
to
to
25
28
30
32
34
36
38
40
42
44
46
48
50
52
54
56
58
60
.....................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
.....................................................................................................................................
Also excluded from the scope of the Order
are service carts. The excluded service carts
have all of the following characteristics:
(1) casters, wheels, or other similar devices
which allow the service cart to be rolled from
place to place;
(2) an open top for storage, a flat top, or
a flat lid on top of the unit that opens;
(3) a space or gap between the casters,
wheels, or other similar devices, and the
bottom of the enclosed storage space (e.g.,
drawers) of at least 10 inches; and
(4) a total unit height, including casters, of
less than 48 inches.
Also excluded from the scope of the Order
are non-mobile work benches. The excluded
non-mobile work benches have all of the
following characteristics:
(1) a solid top working surface;
(2) no drawers, one drawer, or two drawers
in a side-by-side configuration; and
(3) the unit is supported by legs and has
no solid front, side, or back panels enclosing
the body of the unit.
Also excluded from the scope of the Order
are metal filing cabinets that are configured
to hold hanging file folders and are classified
in the Harmonized Tariff Schedule of the
United States (HTSUS) at subheading
9403.10.0020.
Merchandise subject to the Order is
classified under HTSUS categories
9403.20.0021, 9403.20.0026, 9403.20.0030
and 7326.90.8688, but may also be classified
under HTSUS category 7326.90.3500. While
HTSUS subheadings are provided for
VerDate Sep<11>2014
17:29 Jul 11, 2023
Jkt 259001
convenience and Customs purposes, the
written description of the scope of the Order
is dispositive.
[FR Doc. 2023–14756 Filed 7–11–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–104, C–570–105]
Alloy and Certain Carbon Steel
Threaded Rod From the People’s
Republic of China; Carbon and Alloy
Steel Threaded Rod From the People’s
Republic of China: Initiation of
Circumvention Inquiries on the
Antidumping Duty Order and
Countervailing Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request from
Vulcan Threaded Products Inc.
(Vulcan), the U.S. Department of
Commerce (Commerce) is initiating
country-wide circumvention inquiries
to determine whether steel threaded
rod, made from alloy steel, that is
produced in the United States from
unthreaded pins imported from the
AGENCY:
PO 00000
Frm 00028
Fmt 4703
Sfmt 4703
155
170
185
200
215
230
245
260
280
290
300
310
320
330
340
350
360
370
People’s Republic of China (China) is
circumventing the antidumping duty
(AD) order on alloy and certain carbon
steel threaded rod from China and the
countervailing duty (CVD) order on
carbon and alloy steel threaded rod from
China.
DATES:
Applicable July 12, 2023.
FOR FURTHER INFORMATION CONTACT:
Robert Galantucci; AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2923.
SUPPLEMENTARY INFORMATION:
Background
On May 22, 2023, pursuant to section
781(a) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR
351.226(c), Vulcan filed a request for
circumvention inquiries 1 alleging that
steel threaded rod completed in the
United States using unthreaded pins
imported from China was circumventing
the AD and CVD orders on steel
1 See Vulcan’s Letter, ‘‘Request for Circumvention
Inquiry,’’ dated May 22, 2023 (Circumvention
Request).
E:\FR\FM\12JYN1.SGM
12JYN1
]]>Agencies
[Federal Register Volume 88, Number 132 (Wednesday, July 12, 2023)]
[Notices]
[Pages 44274-44277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14756]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-056, A-552-821, C-570-057]
Certain Tool Chests and Cabinets From the People's Republic of
China and the Socialist Republic of Vietnam: Continuation of
Antidumping Duty Orders and Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the U.S. Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
that revocation of the antidumping duty (AD) orders on certain tool
chests and cabinets (tool chests and cabinets) from the People's
Republic of China (China) and from the Socialist Republic of Vietnam
(Vietnam), and the countervailing duty (CVD) order on tool chests and
cabinets from China would likely lead to the continuation or recurrence
of dumping, and countervailable subsidies, and material injury to an
industry in the United States, Commerce is publishing a notice of
continuation of these AD and CVD orders.
DATES: Applicable July 12, 2023.
FOR FURTHER INFORMATION CONTACT: Claudia Cott, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4270.
SUPPLEMENTARY INFORMATION:
Background
On January 24, 2018, Commerce published in the Federal Register the
CVD order on tool chests and cabinets from China.\1\ On June 4, 2018,
Commerce published the AD orders on tool chests and cabinets from China
and Vietnam.\2\
---------------------------------------------------------------------------
\1\ See Certain Tool Chests and Cabinets from the People's
Republic of China: Countervailing Duty Order, 83 FR 3299 (January
24, 2018) (CVD Order).
\2\ See Certain Tool Chests and Cabinets from the People's
Republic of China and the Socialist Republic of Vietnam: Antidumping
Duty Orders, 83 FR 25645 (June 4, 2018) (AD Orders).
---------------------------------------------------------------------------
On December 1, 2022, the ITC instituted,\3\ and Commerce
initiated,\4\ the first sunset review of the AD Orders and the CVD
Order (collectively, Orders), pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the Act). As a result of its reviews, Commerce
determined that revocation of the Orders would likely lead to the
continuation or recurrence of dumping and countervailable subsidies,
and therefore, notified the ITC of the magnitude of the margins of
dumping and subsidy rates likely to prevail should the Orders be
revoked.\5\
---------------------------------------------------------------------------
\3\ See Tool Chests and Cabinets from China and Vietnam;
Institution of Five-Year Reviews, 87 FR 73786 (December 1, 2022).
\4\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 73757
(December 1, 2022) (Initiation Notice).
\5\ See Certain Tool Chests and Cabinets from the People's
Republic of China and the Socialist Republic of Vietnam: Final
Results of the Expedited Sunset Reviews of the Antidumping Duty
Orders, 88 FR 15667 (March 14, 2023) (Tool Chests and Cabinets from
China and Vietnam AD), and accompanying Issues and Decision
Memorandum (IDM); and Certain Tool Chests and Cabinets from the
People's Republic of China: Final Results of the Expedited First
Sunset Review of the Countervailing Duty Order, 88 FR 19065 (March
30, 2023) (Tool Chests and Cabinets from China CVD), and
accompanying IDM.
---------------------------------------------------------------------------
On July 7, 2023, the ITC published its determination, pursuant to
sections 751(c) and 752(a) of the Act, that revocation of the Orders
would likely lead to continuation or recurrence of
[[Page 44275]]
material injury to an industry in the United States within a reasonably
foreseeable time.\6\
---------------------------------------------------------------------------
\6\ See Tool Chests and Cabinets from China and Vietnam, 88 FR
43399 (July 7, 2023) (ITC Final Determination).
---------------------------------------------------------------------------
Scope of the Orders
The scope of the Orders covers certain metal tool chests and tool
cabinets, with drawers, from China (AD/CVD) and Vietnam (AD). For a
complete description of the scope of the Orders, see Appendix I and II
to this notice.\7\
---------------------------------------------------------------------------
\7\ See also Tool Chests and Cabinets from China and Vietnam AD
Orders, 83 FR at 25646-47; and Tool Chests and Cabinets from China
CVD Order, 83 FR at 3300-01.
---------------------------------------------------------------------------
Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to continuation or
recurrence of dumping, countervailable subsidies, and material injury
to an industry in the United States, pursuant to section 751(d)(2) of
the Act, Commerce hereby orders the continuation of the Orders. U.S.
Customs and Border Protection will continue to collect AD and CVD cash
deposits at the rates in effect at the time of entry for all imports of
subject merchandise.
The effective date of the continuation of the Orders is July 7,
2023.\8\ Pursuant to section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to initiate the next five-year reviews
of the Orders not later than 30 days prior to the fifth anniversary of
the date of the last determination by the Commission.
---------------------------------------------------------------------------
\8\ See ITC Final Determination.
---------------------------------------------------------------------------
Administrative Protective Order (APO)
This notice also serves as a final reminder to parties subject to
an APO of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
notification of the return or destruction of APO materials, or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and terms of an APO is a violation which
is subject to sanction.
Notification to Interested Parties
These five-year (sunset) reviews and this notice are in accordance
with sections 751(c) and 751(d)(2) of the Act and published in
accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4).
Dated: July 7, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the AD Orders
The scope of these orders covers certain metal tool chests and
tool cabinets, with drawers, (tool chests and cabinets), from the
People's Republic of China (China) and the Socialist Republic of
Vietnam (Vietnam). The scope covers all metal tool chests and
cabinets, including top chests, intermediate chests, tool cabinets
and side cabinets, storage units, mobile work benches, and work
stations and that have the following physical characteristics:
(1) a body made of carbon, alloy, or stainless steel and/or
other metals;
(2) two or more drawers for storage in each individual unit;
(3) a width (side to side) exceeding 15 inches for side cabinets
and exceeding 21 inches for all other individual units but not
exceeding 60 inches;
(4) a body depth (front to back) exceeding 10 inches but not
exceeding 24 inches; and
(5) prepackaged for retail sale.
For purposes of this scope, the width parameter applies to each
individual unit, i.e., each individual top chest, intermediate top
chest, tool cabinet, side cabinet, storage unit, mobile work bench,
and work station.
Prepackaged for retail sale means the units may, for example, be
packaged in a cardboard box, other type of container or packaging,
and may bear a Universal Product Code, along with photographs,
pictures, images, features, artwork, and/or product specifications.
Subject tool chests and cabinets are covered whether imported in
assembled or unassembled form. Subject merchandise includes tool
chests and cabinets produced in China or Vietnam but assembled,
prepackaged for retail sale, or subject to other minor processing in
a third country prior to importation into the United States.
Similarly, it would include tool chests and cabinets produced in
China or Vietnam that are assembled, prepackaged for retail sale, or
subject to other minor processing after importation into the United
States.
Subject tool chests and cabinets may also have doors and shelves
in addition to drawers, may have handles (typically mounted on the
sides), and may have a work surface on the top. Subject tool chests
and cabinets may be uncoated (e.g., stainless steel), painted,
powder coated, galvanized, or otherwise coated for corrosion
protection or aesthetic appearance.
Subject tool chests and cabinets may be packaged as individual
units or in sets. When packaged in sets, they typically include a
cabinet with one or more chests that stack on top of the cabinet.
Tool cabinets act as a base tool storage unit and typically have
rollers, casters, or wheels to permit them to be moved more easily
when loaded with tools. Work stations and mobile work benches are
tool cabinets with a work surface on the top that may be made of
rubber, plastic, metal, wood, or other materials.
Top chests are designed to be used with a tool cabinet to form a
tool storage unit. The top chests may be mounted on top of the base
tool cabinet or onto an intermediate chest. They are often packaged
as a set with tool cabinets or intermediate chests, but may also be
packaged separately. They may be packaged with mounting hardware
(e.g., bolts) and instructions for assembling them onto the base
tool cabinet or onto an intermediate tool chest which rests on the
base tool cabinet. Smaller top chests typically have handles on the
sides, while the larger top chests typically lack handles.
Intermediate tool chests are designed to fit on top of the floor
standing tool cabinet and to be used underneath the top tool chest.
Although they may be packaged or used separately from the tool
cabinet, intermediate chests are designed to be used in conjunction
with tool cabinets. The intermediate chests typically do not have
handles. The intermediate and top chests may have the capability of
being bolted together.
Side cabinets are designed to be bolted or otherwise attached to
the side of the base storage cabinet to expand the storage capacity
of the base tool cabinet.
Subject tool chests and cabinets also may be packaged with a
tool set included. Packaging a subject tool chest and cabinet with a
tool set does not remove an otherwise covered subject tool chest and
cabinet from the scope. When this occurs, the tools are not part of
the subject merchandise.
All tool chests and cabinets that meet the above definition are
included in the scope unless otherwise specifically excluded.
Excluded from the scope of these Orders are tool boxes, chests,
and cabinets with bodies made of plastic, carbon fiber, wood, or
other non-metallic substances.
Also excluded from the scope of these Orders are industrial
grade steel tool chests and cabinets. The excluded industrial grade
steel tool chests and cabinets are those:
(1) Having a body that is over 60 inches in width; or
(2) having each of the following physical characteristics:
(a) a body made of steel that is 0.047 inches or more in
thickness;
(b) a body depth (front to back) exceeding 21 inches; and
(c) a unit weight that exceeds the maximum unit weight shown
below for each width range:
------------------------------------------------------------------------
Inches Maximum pounds
------------------------------------------------------------------------
Weight to Width Ratio Tool Chests
------------------------------------------------------------------------
21> <25................................................. 90
25> <=28................................................ 115
28> <=30................................................ 120
30> <=32................................................ 130
32> <=34................................................ 140
34> <=36................................................ 150
36> <=38................................................ 160
38> <=40................................................ 170
40> <=42................................................ 180
42> <=44................................................ 190
44> <=46................................................ 200
46> <=48................................................ 210
48> <=50................................................ 220
50> <=52................................................ 230
52> <=54................................................ 240
[[Page 44276]]
54> <=56................................................ 250
56> <=58................................................ 260
58> <=60................................................ 270
------------------------------------------------------------------------
Weight to Width Ratio Tool Cabinets
------------------------------------------------------------------------
21> <=25................................................ 155
25> <=28................................................ 170
28> <=30................................................ 185
30> <=32................................................ 200
32> <=34................................................ 215
34> <=36................................................ 230
36> <=38................................................ 245
38> <=40................................................ 260
40> <=42................................................ 280
42> <=44................................................ 290
44> <=46................................................ 300
46> <=48................................................ 310
48> <=50................................................ 320
50> <=52................................................ 330
52> <=54................................................ 340
54> <=56................................................ 350
56> <=58................................................ 360
58> <=60................................................ 370
------------------------------------------------------------------------
Also excluded from the scope of these Orders are service carts.
The excluded service carts have all of the following
characteristics:
(1) Casters, wheels, or other similar devices which allow the
service cart to be rolled from place to place;
(2) an open top for storage, a flat top, or a flat lid on top of
the unit that opens;
(3) a space or gap between the casters, wheels, or other similar
devices, and the bottom of the enclosed storage space (e.g.,
drawers) of at least 10 inches; and
(4) a total unit height, including casters, of less than 48
inches.
Also excluded from the scope of these Orders are non-mobile work
benches. The excluded non-mobile work benches have all of the
following characteristics:
(1) A solid top working surface;
(2) no drawers, one drawer, or two drawers in a side-by-side
configuration; and
(3) the unit is supported by legs and has no solid front, side,
or back panels enclosing the body of the unit.
Also excluded from the scope of these Orders are metal filing
cabinets that are configured to hold hanging file folders and are
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) at subheading 9403.10.0020.
Merchandise subject to these Orders is classified under HTSUS
categories 9403.20.0021, 9403.20.0026, 9403.20.0030, 9403.20.0080,
9403.20.0090, and 7326.90.8688, but may also be classified under
HTSUS category 7326.90.3500. While HTSUS subheadings are provided
for convenience and Customs purposes, the written description of the
scope of these Orders is dispositive.
Appendix II
Scope of the CVD Order
The scope of the Order covers certain metal tool chests and tool
cabinets, with drawers from China. The scope covers all metal tool
chests and cabinets, including top chests, intermediate chests, tool
cabinets and side cabinets, storage units, mobile work benches, and
work stations and that have the following physical characteristics:
(1) a body made of carbon, alloy, or stainless steel and/or
other metals;
(2) two or more drawers for storage in each individual unit;
(3) a width (side to side) exceeding 15 inches for side cabinets
and exceeding 21 inches for all other individual units but not
exceeding 60 inches;
(4) a body depth (front to back) exceeding 10 inches but not
exceeding 24 inches; and
(5) prepackaged for retail sale.
For purposes of this scope, the width parameter applies to each
individual unit, i.e., each individual top chest, intermediate top
chest, tool cabinet, side cabinet, storage unit, mobile work bench,
and work station.
Prepackaged for retail sale means the units may, for example, be
packaged in a cardboard box, other type of container or packaging,
and may bear a Universal Product Code, along with photographs,
pictures, images, features, artwork, and/or product specifications.
Subject tool chests and cabinets are covered whether imported in
assembled or unassembled form. Subject merchandise includes tool
chests and cabinets produced in China but assembled, prepackaged for
retail sale, or subject to other minor processing in a third country
prior to importation into the United States. Similarly, it would
include tool chests and cabinets produced in China that are
assembled, prepackaged for retail sale, or subject to other minor
processing after importation into the United States.
Subject tool chests and cabinets may also have doors and shelves
in addition to drawers, may have handles (typically mounted on the
sides), and may have a work surface on the top. Subject tool chests
and cabinets may be uncoated (e.g., stainless steel), painted,
powder coated, galvanized, or otherwise coated for corrosion
protection or aesthetic appearance.
Subject tool chests and cabinets may be packaged as individual
units or in sets. When packaged in sets, they typically include a
cabinet with one or more chests that stack on top of the cabinet.
Tool cabinets act as a base tool storage unit and typically have
rollers, casters, or wheels to permit them to be moved more easily
when loaded with tools. Work stations and mobile work benches are
tool cabinets with a work surface on the top that may be made of
rubber, plastic, metal, wood, or other materials.
Top chests are designed to be used with a tool cabinet to form a
tool storage unit. The top chests may be mounted on top of the base
tool cabinet or onto an intermediate chest. They are often packaged
as a set with tool cabinets or intermediate chests, but may also be
packaged separately. They may be packaged with mounting hardware
(e.g., bolts) and instructions for assembling them onto the base
tool cabinet or onto an intermediate tool chest which rests on the
base tool cabinet. Smaller top chests typically have handles on the
sides, while the larger top chests typically lack handles.
Intermediate tool chests are designed to fit on top of the floor
standing tool cabinet and to be used underneath the top tool chest.
Although they may be packaged or used separately from the tool
cabinet, intermediate chests are designed to be used in conjunction
with tool cabinets. The intermediate chests typically do not have
handles. The intermediate and top chests may have the capability of
being bolted together.
Side cabinets are designed to be bolted or otherwise attached to
the side of the base storage cabinet to expand the storage capacity
of the base tool cabinet.
Subject tool chests and cabinets also may be packaged with a
tool set included. Packaging a subject tool chest and cabinet with a
tool set does not remove an otherwise covered subject tool chest and
cabinet from the scope. When this occurs, the tools are not part of
the subject merchandise.
All tool chests and cabinets that meet the above definition are
included in the scope unless otherwise specifically excluded.
Excluded from the scope of the Order are tool boxes, chests, and
cabinets with bodies made of plastic, carbon fiber, wood, or other
non-metallic substances.
Also excluded from the scope of the Order are industrial grade
steel tool chests and cabinets. The excluded industrial grade steel
tool chests and cabinets are those:
(1) having a body that is over 60 inches in width; or
(2) having each of the following physical characteristics:
(a) a body made of steel that is 0.047 inches or more in
thickness;
(b) a body depth (front to back) exceeding 21 inches; and
(c) a unit weight that exceeds the maximum unit weight shown
below for each width range:
------------------------------------------------------------------------
Inches Maximum pounds
------------------------------------------------------------------------
Weight to Width Ratio Tool Chests
------------------------------------------------------------------------
Greater than 21 and less than or equal to 25............ 90
Greater than 25 and less than or equal to 28............ 115
Greater than 28 and less than or equal to 30............ 120
Greater than 30 and less than or equal to 32............ 130
Greater than 32 and less than or equal to 34............ 140
[[Page 44277]]
Greater than 34 and less than or equal to 36............ 150
Greater than 36 and less than or equal to 38............ 160
Greater than 38 and less than or equal to 40............ 170
Greater than 40 and less than or equal to 42............ 180
Greater than 42 and less than or equal to 44............ 190
Greater than 44 and less than or equal to 46............ 200
Greater than 46 and less than or equal to 48............ 210
Greater than 48 and less than or equal to 50............ 220
Greater than 50 and less than or equal to 52............ 230
Greater than 52 and less than or equal to 54............ 240
Greater than 54 and less than or equal to 56............ 250
Greater than 56 and less than or equal to 58............ 260
Greater than 58 and less than or equal to 60............ 270
------------------------------------------------------------------------
Weight to Width Ratio Tool Cabinets
------------------------------------------------------------------------
Greater than 21 and less than or equal to 25............ 155
Greater than 25 and less than or equal to 28............ 170
Greater than 28 and less than or equal to 30............ 185
Greater than 30 and less than or equal to 32............ 200
Greater than 32 and less than or equal to 34............ 215
Greater than 34 and less than or equal to 36............ 230
Greater than 36 and less than or equal to 38............ 245
Greater than 38 and less than or equal to 40............ 260
Greater than 40 and less than or equal to 42............ 280
Greater than 42 and less than or equal to 44............ 290
Greater than 44 and less than or equal to 46............ 300
Greater than 46 and less than or equal to 48............ 310
Greater than 48 and less than or equal to 50............ 320
Greater than 50 and less than or equal to 52............ 330
Greater than 52 and less than or equal to 54............ 340
Greater than 54 and less than or equal to 56............ 350
Greater than 56 and less than or equal to 58............ 360
Greater than 58 and less than or equal to 60............ 370
------------------------------------------------------------------------
Also excluded from the scope of the Order are service carts. The
excluded service carts have all of the following characteristics:
(1) casters, wheels, or other similar devices which allow the
service cart to be rolled from place to place;
(2) an open top for storage, a flat top, or a flat lid on top of
the unit that opens;
(3) a space or gap between the casters, wheels, or other similar
devices, and the bottom of the enclosed storage space (e.g.,
drawers) of at least 10 inches; and
(4) a total unit height, including casters, of less than 48
inches.
Also excluded from the scope of the Order are non-mobile work
benches. The excluded non-mobile work benches have all of the
following characteristics:
(1) a solid top working surface;
(2) no drawers, one drawer, or two drawers in a side-by-side
configuration; and
(3) the unit is supported by legs and has no solid front, side,
or back panels enclosing the body of the unit.
Also excluded from the scope of the Order are metal filing
cabinets that are configured to hold hanging file folders and are
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) at subheading 9403.10.0020.
Merchandise subject to the Order is classified under HTSUS
categories 9403.20.0021, 9403.20.0026, 9403.20.0030 and
7326.90.8688, but may also be classified under HTSUS category
7326.90.3500. While HTSUS subheadings are provided for convenience
and Customs purposes, the written description of the scope of the
Order is dispositive.
[FR Doc. 2023-14756 Filed 7-11-23; 8:45 am]
BILLING CODE 3510-DS-P
