Certain Metal Lockers and Parts Thereof From the People's Republic of China: Initiation and Expedited Preliminary Results of Changed Circumstances Reviews, and Intent To Revoke the Antidumping and Countervailing Duty Orders, in Part, 47474-47479 [2023-15557]
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47474
Federal Register / Vol. 88, No. 140 / Monday, July 24, 2023 / Notices
The Secretary of Commerce,
through the Office of Trade and
Economic Analysis (OTEA) of the
International Trade Administration, has
received an application for an amended
Export Trade Certificate of Review
(‘‘Certificate’’). This notice summarizes
the proposed application and seeks
public comments on whether the
Certificate should be issued.
FOR FURTHER INFORMATION CONTACT:
Joseph Flynn, Director, OTEA,
International Trade Administration,
(202) 482–5131 (this is not a toll-free
number) or email at etca@trade.gov.
SUPPLEMENTARY INFORMATION: Title III of
the Export Trading Company Act of
1982 (15 U.S.C. 4001–21) authorizes the
Secretary of Commerce to issue Export
Trade Certificates of Review. An Export
Trade Certificate of Review protects the
holder and the members identified in
the Certificate from State and Federal
government antitrust actions and from
private treble damage antitrust actions
for the export conduct specified in the
Certificate and carried out in
compliance with its terms and
conditions. The regulations
implementing Title III are found at 15
CFR part 325. OTEA is issuing this
notice pursuant to 15 CFR 325.6(a),
which requires the Secretary of
Commerce to publish a summary of the
application in the Federal Register,
identifying the applicant and each
member and summarizing the proposed
export conduct.
SUMMARY:
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Interested parties may submit written
comments relevant to the determination
whether a Certificate should be issued.
If the comments include any privileged
or confidential business information, it
must be clearly marked and a
nonconfidential version of the
comments (identified as such) should be
included. Any comments not marked as
privileged or confidential business
information will be deemed to be
nonconfidential.
Written comments should be sent to
ETCA@trade.gov. An original and two
(2) copies should also be submitted no
later than 20 days after the date of this
notice to: Office of Trade and Economic
Analysis, International Trade
Administration, U.S. Department of
Commerce, Room 21028, Washington,
DC 20230.
Information submitted by any person
is exempt from disclosure under the
Freedom of Information Act (5 U.S.C.
552). However, nonconfidential versions
of the comments will be made available
to the applicant if necessary for
determining whether or not to issue the
16:56 Jul 21, 2023
Jkt 259001
Summary of the Application
Applicant: California Pistachio Export
Council, LLC, 512 C. St. NE,
Washington, DC 20002.
Contact: Robert Schramm, Principal at
Schramm, Williams & Associates, Inc.
Application No.: 03–6A008.
Date Deemed Submitted: July 10,
2023.
Proposed Amendment:
1. California Pistachio Export Council,
LLC seeks to amend its Certificate as
follows: add the following entity as a
Member of the Certificate within the
meaning of section 325.2(l) of the
Regulations (15 CFR 325.2(l)):
a. Nichols Pistachio
The proposed amendment would
result in the following Members under
the Certificate:
1. Horizon Nut, LLC
2. Keenan Farms, Inc.
3. Meridian Nut Growers, LLC
4. Monarch Nut Company
5. Nichols Pistachio
6. Primex Farms, LLC
7. Setton Pistachio of Terra Bella, Inc.
8. Zymex Industries, Inc.
Dated: July 19, 2023.
Joseph Flynn,
Director, Office of Trade and Economic
Analysis, International Trade Administration,
U.S. Department of Commerce.
[FR Doc. 2023–15594 Filed 7–21–23; 8:45 am]
Request for Public Comments
VerDate Sep<11>2014
Certificate. Comments should refer to
this application as ‘‘Export Trade
Certificate of Review, application
number 03–5A008.’’
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–133, C–570–134]
Certain Metal Lockers and Parts
Thereof From the People’s Republic of
China: Initiation and Expedited
Preliminary Results of Changed
Circumstances Reviews, and Intent To
Revoke the Antidumping and
Countervailing Duty Orders, in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is initiating and
issuing expedited preliminary results of
changed circumstances reviews (CCR) of
the antidumping duty (AD) and
countervailing duty (CVD) orders on
certain metal lockers and parts thereof
(metal lockers) from the People’s
Republic of China (China), to revoke the
orders, in part, with respect to certain
AGENCY:
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gun safes. Interested parties are invited
to comment on these preliminary
results.
DATES: Applicable July 24, 2023.
FOR FURTHER INFORMATION CONTACT:
Matthew Palmer, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1678.
SUPPLEMENTARY INFORMATION:
Background
On August 20, 2021, Commerce
published the AD and CVD orders on
metal lockers from China.1 On June 21,
2023, Tractor Supply Company (TSC),
requested, through a CCR, the partial
revocation of the Orders pursuant to
section 751(b)(1)(A) of the Tariff Act of
1930, as amended (the Act), 19 CFR
351.216, and 19 CFR 351.221(c)(3)(ii).2
TSC stated that it qualifies as an
importer of certain gun safes currently
subject to duties and, as such, is an
interested party pursuant to section
771(9)(A) of the Act and 19 CFR
351.102(b)(29)(ii).3
On June 22, 2023, List Industries, Inc.
(List) and Tennsco LLC (Tennsco),
petitioners in the original investigations
leading to the Orders, filed comments in
support of partially revoking the Orders
with regard to certain gun safes as
defined in TSC’s request.4 TSC’s
Request includes additional letters of
support from the domestic industry,5
that, when including List and Tennsco’s
support,6 represents substantially all of
the production of the domestic like
product.7 On July 10, 2023, TSC filed
follow-up comments reiterating its
previous request.8
Scope of the Orders
The scope of the Orders covers certain
metal lockers, with or without doors,
and parts thereof (metal lockers). The
1 See Certain Metal Lockers and Parts Thereof
from the People’s Republic of China: Antidumping
and Countervailing Duty Orders, 86 FR 46826
(August 20, 2021) (Orders).
2 See TSC’s Letter, ‘‘Request for Changed
Circumstances Review,’’ dated October 25, 2022
(TSC’s Request).
3 See TSC’s Letter, ‘‘Supporting Documents for
Entry of Appearance and APO Application,’’ dated
June 20, 2023.
4 See Petitioner’s Letter, ‘‘Response to Changed
Circumstance Review Request,’’ dated June 22, 2023
(Petitioner’s Comments) (citing TSC’s proposed
exclusion language for certain gun safes that would
cover TSC’s TS12–30 and TS20–30 products).
5 See TSC’s Request at 2 (citing Exhibit 1).
6 See Petitioner’s Comments at 12–13.
7 See TSC’s Request at 2 (citing Exhibit 1); see
also Petitioners Comments at 2.
8 See TSC’s Letter, ‘‘Follow-Up to Request for
Changed Circumstances Review,’’ dated July 10,
2023.
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subject metal lockers are secure metal
storage devices less than 27 inches wide
and less than 27 inches deep, whether
floor standing, installed onto a base or
wall-mounted. In a multiple locker
assembly (whether a welded locker unit,
otherwise assembled locker unit or
knocked down unit or kit), the width
measurement shall be based on the
width of an individual locker not the
overall unit dimensions. All
measurements in this scope are based
on actual measurements taken on the
outside dimensions of the single-locker
unit. The height is the vertical
measurement from the bottom to the top
of the unit. The width is the horizontal
(side to side) measurement of the front
of the unit, and the front of the unit is
the face with the door or doors or the
opening for internal access of the unit
if configured without a door. The depth
is the measurement from the front to the
back of the unit. The subject certain
metal lockers typically include the
bodies (back, side, shelf, top and bottom
panels), door frames with or without
doors which can be integrated into the
sides or made separately, and doors.
The subject metal lockers typically are
made of flat-rolled metal, metal mesh
and/or expanded metal, which includes
but is not limited to alloy or non-alloy
steel (whether or not galvanized or
otherwise metallically coated for
corrosion resistance), stainless steel, or
aluminum, but the doors may also
include transparent polycarbonate,
Plexiglas or similar transparent material
or any combination thereof. Metal mesh
refers to both wire mesh and expanded
metal mesh. Wire mesh is a wire
product in which the horizontal and
transverse wires are welded at the crosssection in a grid pattern. Expanded
metal mesh is made by slitting and
stretching metal sheets to make a screen
of diamond or other shaped openings.
Where the product has doors, the
doors are typically configured with or
for a handle or other device or other
means that permit the use of a
mechanical or electronic lock or locking
mechanism, including, but not limited
to: A combination lock, a padlock, a key
lock (including cylinder locks) lever or
knob lock, electronic key pad, or other
electronic or wireless lock. The handle
and locking mechanism, if included,
need not be integrated into one another.
The subject locker may or may not also
enter with the lock or locking device
included or installed. The doors or body
panels may also include vents
(including wire mesh or expanded metal
mesh vents) or perforations. The bodies,
body components and doors are
typically powder coated, otherwise
painted or epoxy coated or may be
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unpainted. The subject merchandise
includes metal lockers imported either
as welded or otherwise assembled units
(ready for installation or use) or as
knocked down units or kits (requiring
assembly prior to installation or use).
The subject lockers may be shipped as
individual or multiple locker units
preassembled, welded, or combined into
banks or tiers for ease of installation or
as sets of component parts, bulk packed
(i.e., all backs in one package, crate,
rack, carton or container and sides in
another package, crate, rack, carton or
container) or any combination thereof.
The knocked down lockers are shipped
unassembled requiring a supplier,
contractor or end-user to assemble the
individual lockers and locker banks
prior to installation.
The scope also includes all parts and
components of lockers made from flatrolled metal or expanded metal (e.g.,
doors, frames, shelves, tops, bottoms,
backs, side panels, etc.) as well as
accessories that are attached to the
lockers when installed (including, but
not limited to, slope tops, bases,
expansion filler panels, dividers, recess
trim, decorative end panels, and end
caps) that may be imported together
with lockers or other locker components
or on their own. The particular
accessories listed for illustrative
purposes are defined as follows:
a. Slope tops: Slope tops are slanted
metal panels or units that fit on the tops
of the lockers and that slope from back
to front to prevent the accumulation of
dust and debris on top of the locker and
to discourage the use of the tops of
lockers as storage areas. Slope tops
come in various configurations
including, but not limited to, unit slope
tops (in place of flat tops), slope hoods
made of a back, top and end pieces
which fit over multiple units and
convert flat tops to a sloping tops, and
slope top kits that convert flat tops to
sloping tops and include tops, backs
and ends.
b. Bases: Locker bases are panels
made from flat-rolled metal that either
conceal the legs of the locker unit, or for
lockers without legs, provide a toe space
in the front of the locker and conceal the
flanges for floor anchoring.
c. Expansion filler panel: Expansion
filler panels or fillers are metal panels
that attach to locker units to cover
columns, pipes or other obstacles in a
row of lockers or fill in gaps between
the locker and the wall. Fillers may also
include metal panels that are used on
the sides or the top of the lockers to fill
gaps.
d. Dividers: Dividers are metal panels
that divide the space within a locker
unit into different storage areas.
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e. Recess trim: Recess trim is a narrow
metal trim that bridges the gap between
lockers and walls or soffits when lockers
are recessed into a wall.
f. Decorative end panels: End panels
fit onto the exposed ends of locker units
to cover holes, bolts, nuts, screws and
other fasteners. They typically are
painted to match the lockers.
g. End caps: End caps fit onto the
exposed ends of locker units to cover
holes, bolts, nuts, screws and other
fasteners.
The scope also includes all hardware
for assembly and installation of the
lockers and locker banks that are
imported with or shipped, invoiced, or
sold with the imported locker or locker
system except the lock.
Excluded from the scope are wire
mesh lockers. Wire mesh lockers are
those with each of the following
characteristics:
(1) At least three sides, including the
door, made from wire mesh;
(2) the width and depth each exceed
25 inches; and
(3) the height exceeds 90 inches.
Also excluded are lockers with bodies
made entirely of plastic, wood, or any
nonmetallic material.
Also excluded are exchange lockers
with multiple individual locking doors
mounted on one master locking door to
access multiple units. Excluded
exchange lockers have multiple
individual storage spaces, typically
arranged in tiers, with access doors for
each of the multiple individual storage
space mounted on a single frame that
can be swung open to allow access to all
of the individual storage spaces at once.
For example, uniform or garment
exchange lockers are designed for the
distinct function of securely and
hygienically exchanging clean and
soiled uniforms. Thus, excluded
exchange lockers are a multi-access
point locker whereas covered lockers
are a single access point locker for
personal storage. The excluded
exchange lockers include assembled
exchange lockers and those that enter in
‘knock down’ form in which all of the
parts and components to assemble a
completed exchange locker unit are
packaged together. Parts for exchange
lockers that are imported separately
from the exchange lockers in ‘knock
down’ form are not excluded.
Also excluded are metal lockers that
are imported with an installed
electronic, internet-enabled locking
device that permits communication or
connection between the locker’s locking
device and other internet connected
devices.
Also excluded are locks and hardware
and accessories for assembly and
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Federal Register / Vol. 88, No. 140 / Monday, July 24, 2023 / Notices
installation of the lockers, locker banks
and storage systems that are separately
imported in bulk and are not
incorporated into a locker, locker
system or knocked down kit at the time
of importation. Such excluded hardware
and accessories include but are not
limited to locks and bulk imported
rivets, nuts, bolts, hinges, door handles,
door/frame latching components, and
coat hooks. Accessories of sheet metal,
including but not limited to end panels,
bases, dividers and sloping tops, are not
excluded accessories.
Mobile tool chest attachments that
meet the physical description above are
covered by the scope of the Orders,
unless such attachments are covered by
the scope of the Orders on certain tool
chests and cabinets from China. If the
Orders on certain tool chests and
cabinets from China are revoked, the
mobile tool chest attachments from
China will be covered by the scope of
the Orders.
The scope also excludes metal safes
with each of the following
characteristics: (1) Pry resistant,
concealed hinges; (2) body walls and
doors of steel that are at least 17 gauge
(0.05625 inch or 1.42874 mm thick); and
(3) an integrated locking mechanism
that includes at least two round steel
bolts 0.75 inch (19 mm) or larger in
diameter; or three bolts 0.70 inch (17.78
mm) or more in diameter; or four or
more bolts at least 0.60 inch (15.24 mm)
or more in diameter, that project from
the door into the body or frame of the
safe when in the locked position.
The scope also excludes gun safes
meeting each of the following
requirements:
(1) Shall be able to fully contain
firearms and provide for their secure
storage.
(2) Shall have a locking system
consisting of at minimum a mechanical
or electronic combination lock. The
mechanical or electronic combination
lock utilized by the safe shall have at
least 10,000 possible combinations
consisting of a minimum three numbers,
letters, or symbols. The lock shall be
protected by a casehardened (Rc 60+)
drill-resistant steel plate, or drillresistant material of equivalent strength.
(3) Boltwork shall consist of a
minimum of three steel locking bolts of
at least 1-2 inch thickness that intrude
from the door of the safe into the body
of the safe or from the body of the safe
into the door of the safe, which are
operated by a separate handle and
secured by the lock.
(4) The exterior walls shall be
constructed of a minimum 12-gauge
thick steel for a single-walled safe, or
the sum of the steel walls shall add up
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to at least 0.100 inches for safes with
walls made from two pieces of flatrolled steel.
(5) Doors shall be constructed of a
minimum one layer of 7-gauge steel
plate reinforced construction or at least
two layers of a minimum 12-gauge steel
compound construction.
(6) Door hinges shall be protected to
prevent the removal of the door.
Protective features include, but are not
limited to: Hinges not exposed to the
outside, interlocking door designs, dead
bars, jeweler’s lugs and active or
inactive locking bolts.
The scope also excludes metal storage
devices that (1) have two or more
exterior exposed drawers regardless of
the height of the unit, or (2) are no more
than 30 inches tall and have at least one
exterior exposed drawer.
Also excluded from the scope are free
standing metal cabinets less than 30
inches tall with a single opening, single
door and an installed tabletop.
The scope also excludes metal storage
devices less than 27 inches wide and
deep that: (1) Have two doors hinged on
the right and left side of the door frame
respectively covering a single opening
and that open from the middle toward
the outer frame; or (2) are free standing
or wall-mounted, single-opening units
20 inches or less high with a single
door.
The subject certain metal lockers are
classified under Harmonized Tariff
Schedule of the United States (HTSUS)
subheading 9403.20.0078. Parts of
subject certain metal lockers are
classified under HTS subheading
9403.90.8041. In addition, subject
certain metal lockers may also enter
under HTS subheading 9403.20.0050.
While HTSUS subheadings are provided
for convenience and Customs purposes,
the written description of the scope of
the Orders is dispositive.
Proposed Revocation of the Orders, in
Part
TSC requested that the Orders be
revoked, in part, with respect to certain
gun safes, specifically requesting that
TSC’s gun safe models TS12–30 and
TS20–30 be excluded from the Orders
and further, that Commerce conduct an
expedited CCR.9 TSC’s Request
proposes that Commerce adopt new
exclusion language to the scope of the
Orders as follows: 10
The scope also excludes gun safes meeting
each of the following requirements:
(1) Shall be able to fully contain firearms
and provide for their secure storage.
PO 00000
9 See
10 Id.
TSC’s Request at 1.
at 3–4.
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(2) Shall have a locking system consisting
of at minimum a mechanical or electronic
combination lock with a lock body that is
integrated into the door of the safe. The
mechanical or electronic combination lock
utilized by the safe shall have at least 10,000
possible combinations consisting of a
minimum three numbers, letters, or symbols.
(3) Bolt work shall consist of a minimum
of three steel locking bolts of at least 1⁄2-inch
diameter that intrude from the door of the
safe into the body of the safe or from the
body of the safe into the door of the safe,
which are operated by a separate handle and
secured by the lock.
(4) The exterior walls (inclusive of the floor
and top) shall be constructed of a minimum
14-gauge thick steel and shall be lined with
one or more layers of fire-retardant gypsum
board bonded, affixed with brackets or
otherwise securely attached to the exterior
walls. The fire retardant gypsum board shall
be at least 15 mm in thickness for a single
layer or shall sum to at least 19 mm in
thickness where multiple layers are
combined together.
(5) Doors shall be constructed of a
minimum of one layer of 14-gauge steel lined
with a minimum of one layer of 15 mm thick,
fire-retardant gypsum board bonded, affixed
with brackets or otherwise securely attached
to the door. The doors shall fit into jambs
equipped with a fire seal fitted completely
around the door frame consisting of a
hydrated sodium silicate encapsulated in a
plastic film or sleeve that, when heatactivated by temperatures of over 210
degrees, expands to cover the space between
the jambs and door, providing a barrier to
prevent the intrusion of flames, gas, or smoke
into the safe.
(6) Door hinges shall be protected to
prevent the removal of the door. Protective
features include but are not limited to: hinges
not exposed to the outside, interlocking door
designs, dead bars, jeweler’s lugs and active
or inactive locking bolts.
(7) The excluded safe must be imported in
the fully assembled condition.
For a complete description of the
proposed scope of these Orders, see the
appendix to this notice.
Initiation of CCRs
Pursuant to section 751(b) of the Act,
Commerce will conduct a CCR upon
receipt of a request from an interested
party that shows changed circumstances
sufficient to warrant a review of the
Orders. In accordance with 19 CFR
351.216(d), Commerce determines that
the information submitted by TSC,
along with substantially all of the
domestic industry’s support, constitutes
a sufficient basis to conduct an
expedited CCR of the Orders.
Section 782(h)(2) of the Act and 19
CFR 351.222(g)(1)(i) provide that
Commerce may revoke an order (in
whole or in part) if it determines that
producers accounting for substantially
all of the production of the domestic
like product have expressed a lack of
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interest in the order, in whole or in part.
In its administrative practice, Commerce
has interpreted ‘‘substantially all’’ to
mean producers accounting for at least
85 percent of the total U.S. production
of the domestic like product covered by
the order.11
Furthermore, section 751(b)(4)(B) of
the Act states that, ‘‘in the absence of
good cause shown,’’ the Secretary of
Commerce may not review a final
determination less than 24 months after
the date of publication of the notice of
final determination or notice of
suspension of an investigation. The final
determinations in the less-than-fairvalue-investigation and countervailing
duty investigation of metal lockers from
China published on July 7, 2021.12
Therefore, because we are initiating this
review more than 24 months after July
7, 2021, it is not necessary to establish
good cause for conducting this review.
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Preliminary Results of CCR and Intent
To Revoke the Orders, in Part
Section 351.221(c)(3)(ii) of
Commerce’s regulations permits
Commerce to combine the notice of
initiation of a CCR and the notice of
preliminary results if Commerce
concludes that expedited action is
warranted.13 In this instance, because
the record contains information
necessary to make a preliminary
finding, we find that expedited action is
warranted and have combined the
notice of initiation and the notice of
preliminary results.14
Pursuant to section 751(d)(1) of the
Act, and 19 CFR 351.222(g), Commerce
may revoke an AD or CVD order, in
whole or in part, based on a review
under section 751(b) of the Act (i.e., a
11 See, e.g., Certain Cased Pencils from the
People’s Republic of China: Initiation and
Preliminary Results of Antidumping Duty Changed
Circumstances Review, and Intent to Revoke Order
in Part, 77 FR 42276 (July 18, 2012), unchanged in
Certain Cased Pencils from the People’s Republic of
China: Final Results of Antidumping Duty Changed
Circumstances Review, and Determination to
Revoke Order, in Part, 77 FR 53176 (August 31,
2012).
12 See Certain Metal Lockers and Parts Thereof
from the People’s Republic of China: Final
Affirmative Determination of Sales at Less Than
Fair Value, 86 FR 35737 (July 7, 2021); see also
Certain Metal Lockers and Parts Thereof from the
People’s Republic of China: Final Affirmative
Countervailing Duty Determination, 86 FR 35741
(July 7, 2021).
13 See 19 CFR 351.221(c)(3)(ii); see also Certain
Pasta from Italy: Initiation and Preliminary Results
of Antidumping Duty Changed Circumstances
Review, 80 FR 33480, 33480–41 (June 12, 2015)
(Pasta from Italy Preliminary Results), unchanged
in Certain Pasta from Italy: Final Results of
Changed Circumstances Review, 80 FR 48807
(August 14, 2015) (Pasta from Italy Final Results).
14 See, e.g., Pasta from Italy Preliminary Results,
80 FR at 33480–41, unchanged in Pasta from Italy
Final Results, 80 FR at 48807.
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CCR). Section 751(b)(1) of the Act
requires a CCR to be conducted upon
receipt of a request which shows
changed circumstances sufficient to
warrant a review. Section 782(h)(2) of
the Act gives Commerce the authority to
revoke an order if producers accounting
for substantially all of the production of
the domestic like product have
expressed a lack of interest in the order.
Section 351.222(g) of Commerce’s
regulations provides that Commerce
will conduct a CCR of an AD or CVD
order under 19 CFR 351.216, and may
revoke an order (in whole or in part), if
it concludes that: (i) producers
accounting for substantially all of the
production of the domestic like product
to which the order pertains have
expressed a lack of interest in the relief
provided by the order, in whole or in
part; or (ii) if other changed
circumstances sufficient to warrant
revocation exist. Thus, both the Act and
Commerce’s regulations require that
‘‘substantially all’’ domestic producers
express a lack of interest in the order for
Commerce to revoke the order, in whole
or in part.15 In its administrative
practice, Commerce has interpreted
‘‘substantially all’’ to represent
producers accounting for at least 85
percent of U.S. production of the
domestic like product.16
As explained above, domestic locker
producers accounting for greater than 85
percent of the domestic industry have
expressed support for TSC’s requested
CCR, which includes support from the
original petitioners and other domestic
locker producers.17 The domestic
industry did not oppose the request for
expedited changed circumstances
reviews, or the addition of the specific
exclusion language proposed by TSC.18
In the Petitioner’s Comments, List and
Tennsco state their support for ‘‘the
addition of TSC’s proposed exclusion
language for certain gun safes that
would cover its TS12–30 and TS20–30
models,’’ 19 further stating that they
‘‘support retroactivity of the exclusion
back to the date of the Orders.’’ 20 The
15 See section 782(h) of the Act; and 19 CFR
351.222(g)
16 See, e.g., Honey from Argentina: Antidumping
and Countervailing Duty Changed Circumstances
Reviews; Preliminary Intent to Revoke Antidumping
and Countervailing Duty Orders, 77 FR 67790,
67791 (November 14, 2012), unchanged in Honey
from Argentina: Final Results of Antidumping and
Countervailing Duty Changed Circumstances
Reviews; Revocation of Antidumping and
Countervailing Duty Orders, 77 FR 77029
(December 31, 2012).
17 See TSC’s Request at 2 (citing Exhibit 1); see
also Petitioner’s Comments at 12–13.
18 See TSC’s Request at 2 (citing Exhibit 1); see
also Petitioner’s Comments at 12–13.
19 See Petitioner’s Comments at 12–13.
20 Id. (specifically citing August 20, 2021).
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Petitioner’s Comments explain that the
support for the exclusion is conditioned
on the new exclusion language not
being applied to entries prior to the
Orders, effective August 20, 2021.21
In light of the domestic producers’
statements of support in modifying the
Orders, in part, with respect to certain
gun safes as described by TSC, and in
the absence of any other interested party
comments addressing the issue of
domestic industry support, we
preliminarily conclude that producers
accounting for substantially all of the
production of the domestic like product
to which the Orders pertain lack interest
in the relief provided by the Orders with
respect to certain gun safes that are the
subject of TSC’s CCR request. Thus, we
preliminarily determine that changed
circumstances warrant revocation of the
Orders, in part, with respect to such gun
safes, with retroactivity of the
revocation only back to the date of the
Orders. Accordingly, we are notifying
the public of our intent to revoke the
Orders, in part, with respect to certain
gun safes described in the ‘‘Proposed
Revocation of the Orders, in Part’’
section above, with retroactivity of the
revocation applying back to the date of
publication of the Orders, August 20,
2021.
Public Comment
In accordance with 19 CFR
351.309(c)(1)(ii), interested parties may
submit case briefs not later than 14 days
after the date of publication of this
notice.22 Rebuttal briefs, limited to
issues raised in the case briefs, may be
filed no later than seven days after the
due date for case briefs, in accordance
with 19 CFR 351.309(d). Parties who
submit case or rebuttal briefs 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.23 All
comments are to be filed electronically
via ACCESS and must be served on
interested parties.24 Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.25 An electronically filed
document must be received successfully
in its entirety by ACCESS by 5:00 p.m.
21 Id.
22 Commerce is exercising its discretion under 19
CFR 351.309(c)(1)(ii) to alter the time limit for the
filing of case briefs.
23 See 19 CFR 351.30(c)(2) and (d)(2).
24 See, generally, 19 CFR 351.303.
25 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
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Eastern Time on the day on which it is
due.
Pursuant to 19 CFR 351.310(c), any
interested party may request a hearing
within 14 days of publication of this
notice in the Federal Register. Hearing
requests should contain the following
information: (1) the party’s name,
address, and telephone number; (2) the
number of participants; and (3) a list of
the issues to be discussed. Oral
presentations at the hearing will be
limited to issues raised in the briefs. If
a request for a hearing is made,
Commerce intends to hold the hearing
at a time and date to be determined.
Parties should confirm the date and the
time of the hearing two days before the
scheduled date.
Final Results of Review
Unless extended, consistent with 19
CFR 351.216(e), Commerce intends to
issue the final results of this CCR no
later than 270 days after the date on
which this review was initiated or 45
days if all parties agree to the outcome
of the review.
Notification to Interested Parties
This initiation notice is published in
accordance with section 751(b)(1) of the
Act and 19 CFR 351.221(b)(1).
Dated: July 17, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
lotter on DSK11XQN23PROD with NOTICES1
Appendix
Proposed Scope of the Orders
The scope of the Orders covers certain
metal lockers, with or without doors, and
parts thereof (metal lockers). The subject
metal lockers are secure metal storage
devices less than 27 inches wide and less
than 27 inches deep, whether floor standing,
installed onto a base or wall-mounted. In a
multiple locker assembly (whether a welded
locker unit, otherwise assembled locker unit
or knocked down unit or kit), the width
measurement shall be based on the width of
an individual locker not the overall unit
dimensions. All measurements in this scope
are based on actual measurements taken on
the outside dimensions of the single-locker
unit. The height is the vertical measurement
from the bottom to the top of the unit. The
width is the horizontal (side to side)
measurement of the front of the unit, and the
front of the unit is the face with the door or
doors or the opening for internal access of the
unit if configured without a door. The depth
is the measurement from the front to the back
of the unit. The subject certain metal lockers
typically include the bodies (back, side,
shelf, top and bottom panels), door frames
with or without doors which can be
integrated into the sides or made separately,
and doors.
The subject metal lockers typically are
made of flat-rolled metal, metal mesh and/or
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Jkt 259001
expanded metal, which includes but is not
limited to alloy or non-alloy steel (whether
or not galvanized or otherwise metallically
coated for corrosion resistance), stainless
steel, or aluminum, but the doors may also
include transparent polycarbonate, Plexiglas
or similar transparent material or any
combination thereof. Metal mesh refers to
both wire mesh and expanded metal mesh.
Wire mesh is a wire product in which the
horizontal and transverse wires are welded at
the cross-section in a grid pattern. Expanded
metal mesh is made by slitting and stretching
metal sheets to make a screen of diamond or
other shaped openings.
Where the product has doors, the doors are
typically configured with or for a handle or
other device or other means that permit the
use of a mechanical or electronic lock or
locking mechanism, including, but not
limited to: A combination lock, a padlock, a
key lock (including cylinder locks) lever or
knob lock, electronic key pad, or other
electronic or wireless lock. The handle and
locking mechanism, if included, need not be
integrated into one another. The subject
locker may or may not also enter with the
lock or locking device included or installed.
The doors or body panels may also include
vents (including wire mesh or expanded
metal mesh vents) or perforations. The
bodies, body components and doors are
typically powder coated, otherwise painted
or epoxy coated or may be unpainted. The
subject merchandise includes metal lockers
imported either as welded or otherwise
assembled units (ready for installation or use)
or as knocked down units or kits (requiring
assembly prior to installation or use).
The subject lockers may be shipped as
individual or multiple locker units
preassembled, welded, or combined into
banks or tiers for ease of installation or as
sets of component parts, bulk packed (i.e., all
backs in one package, crate, rack, carton or
container and sides in another package, crate,
rack, carton or container) or any combination
thereof. The knocked down lockers are
shipped unassembled requiring a supplier,
contractor or end-user to assemble the
individual lockers and locker banks prior to
installation.
The scope also includes all parts and
components of lockers made from flat-rolled
metal or expanded metal (e.g., doors, frames,
shelves, tops, bottoms, backs, side panels,
etc.) as well as accessories that are attached
to the lockers when installed (including, but
not limited to, slope tops, bases, expansion
filler panels, dividers, recess trim, decorative
end panels, and end caps) that may be
imported together with lockers or other
locker components or on their own. The
particular accessories listed for illustrative
purposes are defined as follows:
a. Slope tops: Slope tops are slanted metal
panels or units that fit on the tops of the
lockers and that slope from back to front to
prevent the accumulation of dust and debris
on top of the locker and to discourage the use
of the tops of lockers as storage areas. Slope
tops come in various configurations
including, but not limited to, unit slope tops
(in place of flat tops), slope hoods made of
a back, top and end pieces which fit over
multiple units and convert flat tops to a
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sloping tops, and slope top kits that convert
flat tops to sloping tops and include tops,
backs and ends.
b. Bases: Locker bases are panels made
from flat-rolled metal that either conceal the
legs of the locker unit, or for lockers without
legs, provide a toe space in the front of the
locker and conceal the flanges for floor
anchoring.
c. Expansion filler panel: Expansion filler
panels or fillers are metal panels that attach
to locker units to cover columns, pipes or
other obstacles in a row of lockers or fill in
gaps between the locker and the wall. Fillers
may also include metal panels that are used
on the sides or the top of the lockers to fill
gaps.
d. Dividers: Dividers are metal panels that
divide the space within a locker unit into
different storage areas.
e. Recess trim: Recess trim is a narrow
metal trim that bridges the gap between
lockers and walls or soffits when lockers are
recessed into a wall.
f. Decorative end panels: End panels fit
onto the exposed ends of locker units to
cover holes, bolts, nuts, screws and other
fasteners. They typically are painted to match
the lockers.
g. End caps: End caps fit onto the exposed
ends of locker units to cover holes, bolts,
nuts, screws and other fasteners.
The scope also includes all hardware for
assembly and installation of the lockers and
locker banks that are imported with or
shipped, invoiced, or sold with the imported
locker or locker system except the lock.
Excluded from the scope are wire mesh
lockers. Wire mesh lockers are those with
each of the following characteristics:
(1) At least three sides, including the door,
made from wire mesh;
(2) the width and depth each exceed 25
inches; and
(3) the height exceeds 90 inches.
Also excluded are lockers with bodies
made entirely of plastic, wood, or any
nonmetallic material.
Also excluded are exchange lockers with
multiple individual locking doors mounted
on one master locking door to access
multiple units. Excluded exchange lockers
have multiple individual storage spaces,
typically arranged in tiers, with access doors
for each of the multiple individual storage
space mounted on a single frame that can be
swung open to allow access to all of the
individual storage spaces at once. For
example, uniform or garment exchange
lockers are designed for the distinct function
of securely and hygienically exchanging
clean and soiled uniforms. Thus, excluded
exchange lockers are a multi-access point
locker whereas covered lockers are a single
access point locker for personal storage. The
excluded exchange lockers include
assembled exchange lockers and those that
enter in ‘knock down’ form in which all of
the parts and components to assemble a
completed exchange locker unit are packaged
together. Parts for exchange lockers that are
imported separately from the exchange
lockers in ‘knock down’ form are not
excluded.
Also excluded are metal lockers that are
imported with an installed electronic,
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Federal Register / Vol. 88, No. 140 / Monday, July 24, 2023 / Notices
internet-enabled locking device that permits
communication or connection between the
locker’s locking device and other internet
connected devices.
Also excluded are locks and hardware and
accessories for assembly and installation of
the lockers, locker banks and storage systems
that are separately imported in bulk and are
not incorporated into a locker, locker system
or knocked down kit at the time of
importation. Such excluded hardware and
accessories include but are not limited to
locks and bulk imported rivets, nuts, bolts,
hinges, door handles, door/frame latching
components, and coat hooks. Accessories of
sheet metal, including but not limited to end
panels, bases, dividers and sloping tops, are
not excluded accessories.
Mobile tool chest attachments that meet
the physical description above are covered by
the scope of the Orders, unless such
attachments are covered by the scope of the
Orders on certain tool chests and cabinets
from China. If the Orders on certain tool
chests and cabinets from China are revoked,
the mobile tool chest attachments from China
will be covered by the scope of the Orders.
The scope also excludes metal safes with
each of the following characteristics: (1) Pry
resistant, concealed hinges; (2) body walls
and doors of steel that are at least 17 gauge
(0.05625 inch or 1.42874 mm thick); and (3)
an integrated locking mechanism that
includes at least two round steel bolts 0.75
inch (19 mm) or larger in diameter; or three
bolts 0.70 inch (17.78 mm) or more in
diameter; or four or more bolts at least 0.60
inch (15.24 mm) or more in diameter, that
project from the door into the body or frame
of the safe when in the locked position.
The scope also excludes gun safes meeting
each of the following requirements:
(1) Shall be able to fully contain firearms
and provide for their secure storage.
(2) Shall have a locking system consisting
of at minimum a mechanical or electronic
combination lock. The mechanical or
electronic combination lock utilized by the
safe shall have at least 10,000 possible
combinations consisting of a minimum three
numbers, letters, or symbols. The lock shall
be protected by a casehardened (Rc 60+)
drill-resistant steel plate, or drill-resistant
material of equivalent strength.
(3) Boltwork shall consist of a minimum of
three steel locking bolts of at least 1–2 inch
thickness that intrude from the door of the
safe into the body of the safe or from the
body of the safe into the door of the safe,
which are operated by a separate handle and
secured by the lock.
(4) The exterior walls shall be constructed
of a minimum 12-gauge thick steel for a
single-walled safe, or the sum of the steel
walls shall add up to at least 0.100 inches for
safes with walls made from two pieces of flatrolled steel.
(5) Doors shall be constructed of a
minimum one layer of 7-gauge steel plate
reinforced construction or at least two layers
of a minimum 12-gauge steel compound
construction.
(6) Door hinges shall be protected to
prevent the removal of the door. Protective
features include, but are not limited to:
Hinges not exposed to the outside,
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16:56 Jul 21, 2023
Jkt 259001
interlocking door designs, dead bars,
jeweler’s lugs and active or inactive locking
bolts.
The scope also excludes gun safes meeting
each of the following requirements:
(1) Shall be able to fully contain firearms
and provide for their secure storage.
(2) Shall have a locking system consisting
of at minimum a mechanical or electronic
combination lock with a lock body that is
integrated into the door of the safe. The
mechanical or electronic combination lock
utilized by the safe shall have at least 10,000
possible combinations consisting of a
minimum three numbers, letters, or symbols.
(3) Bolt work shall consist of a minimum
of three steel locking bolts of at least 1⁄2-inch
diameter that intrude from the door of the
safe into the body of the safe or from the
body of the safe into the door of the safe,
which are operated by a separate handle and
secured by the lock.
(4) The exterior walls (inclusive of the floor
and top) shall be constructed of a minimum
14-gauge thick steel and shall be lined with
one or more layers of fire-retardant gypsum
board bonded, affixed with brackets or
otherwise securely attached to the exterior
walls. The fire retardant gypsum board shall
be at least 15 mm in thickness for a single
layer or shall sum to at least 19 mm in
thickness where multiple layers are
combined together.
(5) Doors shall be constructed of a
minimum of one layer of 14-gauge steel lined
with a minimum of one layer of 15 mm thick,
fire-retardant gypsum board bonded, affixed
with brackets or otherwise securely attached
to the door. The doors shall fit into jambs
equipped with a fire seal fitted completely
around the door frame consisting of a
hydrated sodium silicate encapsulated in a
plastic film or sleeve that, when heatactivated by temperatures of over 210
degrees, expands to cover the space between
the jambs and door, providing a barrier to
prevent the intrusion of flames, gas, or smoke
into the safe.
(6) Door hinges shall be protected to
prevent the removal of the door. Protective
features include but are not limited to: hinges
not exposed to the outside, interlocking door
designs, dead bars, jeweler’s lugs and active
or inactive locking bolts.
(7) The excluded safe must be imported in
the fully assembled condition.
The scope also excludes metal storage
devices that (1) have two or more exterior
exposed drawers regardless of the height of
the unit, or (2) are no more than 30 inches
tall and have at least one exterior exposed
drawer.
Also excluded from the scope are free
standing metal cabinets less than 30 inches
tall with a single opening, single door and an
installed tabletop.
The scope also excludes metal storage
devices less than 27 inches wide and deep
that: (1) Have two doors hinged on the right
and left side of the door frame respectively
covering a single opening and that open from
the middle toward the outer frame; or (2) are
free standing or wall-mounted, singleopening units 20 inches or less high with a
single door.
The subject certain metal lockers are
classified under Harmonized Tariff Schedule
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Frm 00007
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47479
of the United States (HTSUS) subheading
9403.20.0078. Parts of subject certain metal
lockers are classified under HTS subheading
9403.90.8041. In addition, subject certain
metal lockers may also enter under HTS
subheading 9403.20.0050. While HTSUS
subheadings are provided for convenience
and Customs purposes, the written
description of the scope of the Orders is
dispositive.
[FR Doc. 2023–15557 Filed 7–21–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–820]
Prestressed Concrete Steel Wire
Strand From Thailand: Final Results of
Antidumping Duty Administrative
Review; 2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
The Siam Industrial Wire Co. Ltd. (SIW)
made sales of subject merchandise in
the United States at prices below normal
value during the period of review (POR)
January 1, 2021, through December 31,
2021.
DATES: Applicable July 24, 2023.
FOR FURTHER INFORMATION CONTACT:
Samantha Kinney or Brian Smith, AD/
CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2285 or
(202) 482–1766, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On February 10, 2023, Commerce
published the Preliminary Results of the
2021 administrative review of the
antidumping duty order on prestressed
concrete steel wire strand (PC Strand)
from Thailand.1 We invited interested
parties to comment on the Preliminary
Results. On June 6, 2023, Commerce
extended the deadline for the final
results of this administrative review
until July 20, 2023.2 For a summary of
the events that occurred since the
Preliminary Results, see the Issues and
1 See Prestressed Concrete Steel Wire Strand from
Thailand: Preliminary Results of Antidumping Duty
Administrative Review; 2021, 88 FR 8798 (February
10, 2023) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Prestressed Concrete Steel
Wire Strand from Thailand: Extension of Deadline
for Final Results of Antidumping Duty
Administrative Review; 2021,’’ dated June 6, 2023.
E:\FR\FM\24JYN1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 140 (Monday, July 24, 2023)]
[Notices]
[Pages 47474-47479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15557]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-133, C-570-134]
Certain Metal Lockers and Parts Thereof From the People's
Republic of China: Initiation and Expedited Preliminary Results of
Changed Circumstances Reviews, and Intent To Revoke the Antidumping and
Countervailing Duty Orders, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is initiating and
issuing expedited preliminary results of changed circumstances reviews
(CCR) of the antidumping duty (AD) and countervailing duty (CVD) orders
on certain metal lockers and parts thereof (metal lockers) from the
People's Republic of China (China), to revoke the orders, in part, with
respect to certain gun safes. Interested parties are invited to comment
on these preliminary results.
DATES: Applicable July 24, 2023.
FOR FURTHER INFORMATION CONTACT: Matthew Palmer, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1678.
SUPPLEMENTARY INFORMATION:
Background
On August 20, 2021, Commerce published the AD and CVD orders on
metal lockers from China.\1\ On June 21, 2023, Tractor Supply Company
(TSC), requested, through a CCR, the partial revocation of the Orders
pursuant to section 751(b)(1)(A) of the Tariff Act of 1930, as amended
(the Act), 19 CFR 351.216, and 19 CFR 351.221(c)(3)(ii).\2\ TSC stated
that it qualifies as an importer of certain gun safes currently subject
to duties and, as such, is an interested party pursuant to section
771(9)(A) of the Act and 19 CFR 351.102(b)(29)(ii).\3\
---------------------------------------------------------------------------
\1\ See Certain Metal Lockers and Parts Thereof from the
People's Republic of China: Antidumping and Countervailing Duty
Orders, 86 FR 46826 (August 20, 2021) (Orders).
\2\ See TSC's Letter, ``Request for Changed Circumstances
Review,'' dated October 25, 2022 (TSC's Request).
\3\ See TSC's Letter, ``Supporting Documents for Entry of
Appearance and APO Application,'' dated June 20, 2023.
---------------------------------------------------------------------------
On June 22, 2023, List Industries, Inc. (List) and Tennsco LLC
(Tennsco), petitioners in the original investigations leading to the
Orders, filed comments in support of partially revoking the Orders with
regard to certain gun safes as defined in TSC's request.\4\ TSC's
Request includes additional letters of support from the domestic
industry,\5\ that, when including List and Tennsco's support,\6\
represents substantially all of the production of the domestic like
product.\7\ On July 10, 2023, TSC filed follow-up comments reiterating
its previous request.\8\
---------------------------------------------------------------------------
\4\ See Petitioner's Letter, ``Response to Changed Circumstance
Review Request,'' dated June 22, 2023 (Petitioner's Comments)
(citing TSC's proposed exclusion language for certain gun safes that
would cover TSC's TS12-30 and TS20-30 products).
\5\ See TSC's Request at 2 (citing Exhibit 1).
\6\ See Petitioner's Comments at 12-13.
\7\ See TSC's Request at 2 (citing Exhibit 1); see also
Petitioners Comments at 2.
\8\ See TSC's Letter, ``Follow-Up to Request for Changed
Circumstances Review,'' dated July 10, 2023.
---------------------------------------------------------------------------
Scope of the Orders
The scope of the Orders covers certain metal lockers, with or
without doors, and parts thereof (metal lockers). The
[[Page 47475]]
subject metal lockers are secure metal storage devices less than 27
inches wide and less than 27 inches deep, whether floor standing,
installed onto a base or wall-mounted. In a multiple locker assembly
(whether a welded locker unit, otherwise assembled locker unit or
knocked down unit or kit), the width measurement shall be based on the
width of an individual locker not the overall unit dimensions. All
measurements in this scope are based on actual measurements taken on
the outside dimensions of the single-locker unit. The height is the
vertical measurement from the bottom to the top of the unit. The width
is the horizontal (side to side) measurement of the front of the unit,
and the front of the unit is the face with the door or doors or the
opening for internal access of the unit if configured without a door.
The depth is the measurement from the front to the back of the unit.
The subject certain metal lockers typically include the bodies (back,
side, shelf, top and bottom panels), door frames with or without doors
which can be integrated into the sides or made separately, and doors.
The subject metal lockers typically are made of flat-rolled metal,
metal mesh and/or expanded metal, which includes but is not limited to
alloy or non-alloy steel (whether or not galvanized or otherwise
metallically coated for corrosion resistance), stainless steel, or
aluminum, but the doors may also include transparent polycarbonate,
Plexiglas or similar transparent material or any combination thereof.
Metal mesh refers to both wire mesh and expanded metal mesh. Wire mesh
is a wire product in which the horizontal and transverse wires are
welded at the cross-section in a grid pattern. Expanded metal mesh is
made by slitting and stretching metal sheets to make a screen of
diamond or other shaped openings.
Where the product has doors, the doors are typically configured
with or for a handle or other device or other means that permit the use
of a mechanical or electronic lock or locking mechanism, including, but
not limited to: A combination lock, a padlock, a key lock (including
cylinder locks) lever or knob lock, electronic key pad, or other
electronic or wireless lock. The handle and locking mechanism, if
included, need not be integrated into one another. The subject locker
may or may not also enter with the lock or locking device included or
installed. The doors or body panels may also include vents (including
wire mesh or expanded metal mesh vents) or perforations. The bodies,
body components and doors are typically powder coated, otherwise
painted or epoxy coated or may be unpainted. The subject merchandise
includes metal lockers imported either as welded or otherwise assembled
units (ready for installation or use) or as knocked down units or kits
(requiring assembly prior to installation or use).
The subject lockers may be shipped as individual or multiple locker
units preassembled, welded, or combined into banks or tiers for ease of
installation or as sets of component parts, bulk packed (i.e., all
backs in one package, crate, rack, carton or container and sides in
another package, crate, rack, carton or container) or any combination
thereof. The knocked down lockers are shipped unassembled requiring a
supplier, contractor or end-user to assemble the individual lockers and
locker banks prior to installation.
The scope also includes all parts and components of lockers made
from flat-rolled metal or expanded metal (e.g., doors, frames, shelves,
tops, bottoms, backs, side panels, etc.) as well as accessories that
are attached to the lockers when installed (including, but not limited
to, slope tops, bases, expansion filler panels, dividers, recess trim,
decorative end panels, and end caps) that may be imported together with
lockers or other locker components or on their own. The particular
accessories listed for illustrative purposes are defined as follows:
a. Slope tops: Slope tops are slanted metal panels or units that
fit on the tops of the lockers and that slope from back to front to
prevent the accumulation of dust and debris on top of the locker and to
discourage the use of the tops of lockers as storage areas. Slope tops
come in various configurations including, but not limited to, unit
slope tops (in place of flat tops), slope hoods made of a back, top and
end pieces which fit over multiple units and convert flat tops to a
sloping tops, and slope top kits that convert flat tops to sloping tops
and include tops, backs and ends.
b. Bases: Locker bases are panels made from flat-rolled metal that
either conceal the legs of the locker unit, or for lockers without
legs, provide a toe space in the front of the locker and conceal the
flanges for floor anchoring.
c. Expansion filler panel: Expansion filler panels or fillers are
metal panels that attach to locker units to cover columns, pipes or
other obstacles in a row of lockers or fill in gaps between the locker
and the wall. Fillers may also include metal panels that are used on
the sides or the top of the lockers to fill gaps.
d. Dividers: Dividers are metal panels that divide the space within
a locker unit into different storage areas.
e. Recess trim: Recess trim is a narrow metal trim that bridges the
gap between lockers and walls or soffits when lockers are recessed into
a wall.
f. Decorative end panels: End panels fit onto the exposed ends of
locker units to cover holes, bolts, nuts, screws and other fasteners.
They typically are painted to match the lockers.
g. End caps: End caps fit onto the exposed ends of locker units to
cover holes, bolts, nuts, screws and other fasteners.
The scope also includes all hardware for assembly and installation
of the lockers and locker banks that are imported with or shipped,
invoiced, or sold with the imported locker or locker system except the
lock.
Excluded from the scope are wire mesh lockers. Wire mesh lockers
are those with each of the following characteristics:
(1) At least three sides, including the door, made from wire mesh;
(2) the width and depth each exceed 25 inches; and
(3) the height exceeds 90 inches.
Also excluded are lockers with bodies made entirely of plastic,
wood, or any nonmetallic material.
Also excluded are exchange lockers with multiple individual locking
doors mounted on one master locking door to access multiple units.
Excluded exchange lockers have multiple individual storage spaces,
typically arranged in tiers, with access doors for each of the multiple
individual storage space mounted on a single frame that can be swung
open to allow access to all of the individual storage spaces at once.
For example, uniform or garment exchange lockers are designed for the
distinct function of securely and hygienically exchanging clean and
soiled uniforms. Thus, excluded exchange lockers are a multi-access
point locker whereas covered lockers are a single access point locker
for personal storage. The excluded exchange lockers include assembled
exchange lockers and those that enter in `knock down' form in which all
of the parts and components to assemble a completed exchange locker
unit are packaged together. Parts for exchange lockers that are
imported separately from the exchange lockers in `knock down' form are
not excluded.
Also excluded are metal lockers that are imported with an installed
electronic, internet-enabled locking device that permits communication
or connection between the locker's locking device and other internet
connected devices.
Also excluded are locks and hardware and accessories for assembly
and
[[Page 47476]]
installation of the lockers, locker banks and storage systems that are
separately imported in bulk and are not incorporated into a locker,
locker system or knocked down kit at the time of importation. Such
excluded hardware and accessories include but are not limited to locks
and bulk imported rivets, nuts, bolts, hinges, door handles, door/frame
latching components, and coat hooks. Accessories of sheet metal,
including but not limited to end panels, bases, dividers and sloping
tops, are not excluded accessories.
Mobile tool chest attachments that meet the physical description
above are covered by the scope of the Orders, unless such attachments
are covered by the scope of the Orders on certain tool chests and
cabinets from China. If the Orders on certain tool chests and cabinets
from China are revoked, the mobile tool chest attachments from China
will be covered by the scope of the Orders.
The scope also excludes metal safes with each of the following
characteristics: (1) Pry resistant, concealed hinges; (2) body walls
and doors of steel that are at least 17 gauge (0.05625 inch or 1.42874
mm thick); and (3) an integrated locking mechanism that includes at
least two round steel bolts 0.75 inch (19 mm) or larger in diameter; or
three bolts 0.70 inch (17.78 mm) or more in diameter; or four or more
bolts at least 0.60 inch (15.24 mm) or more in diameter, that project
from the door into the body or frame of the safe when in the locked
position.
The scope also excludes gun safes meeting each of the following
requirements:
(1) Shall be able to fully contain firearms and provide for their
secure storage.
(2) Shall have a locking system consisting of at minimum a
mechanical or electronic combination lock. The mechanical or electronic
combination lock utilized by the safe shall have at least 10,000
possible combinations consisting of a minimum three numbers, letters,
or symbols. The lock shall be protected by a casehardened (Rc 60+)
drill-resistant steel plate, or drill-resistant material of equivalent
strength.
(3) Boltwork shall consist of a minimum of three steel locking
bolts of at least 1-2 inch thickness that intrude from the door of the
safe into the body of the safe or from the body of the safe into the
door of the safe, which are operated by a separate handle and secured
by the lock.
(4) The exterior walls shall be constructed of a minimum 12-gauge
thick steel for a single-walled safe, or the sum of the steel walls
shall add up to at least 0.100 inches for safes with walls made from
two pieces of flat-rolled steel.
(5) Doors shall be constructed of a minimum one layer of 7-gauge
steel plate reinforced construction or at least two layers of a minimum
12-gauge steel compound construction.
(6) Door hinges shall be protected to prevent the removal of the
door. Protective features include, but are not limited to: Hinges not
exposed to the outside, interlocking door designs, dead bars, jeweler's
lugs and active or inactive locking bolts.
The scope also excludes metal storage devices that (1) have two or
more exterior exposed drawers regardless of the height of the unit, or
(2) are no more than 30 inches tall and have at least one exterior
exposed drawer.
Also excluded from the scope are free standing metal cabinets less
than 30 inches tall with a single opening, single door and an installed
tabletop.
The scope also excludes metal storage devices less than 27 inches
wide and deep that: (1) Have two doors hinged on the right and left
side of the door frame respectively covering a single opening and that
open from the middle toward the outer frame; or (2) are free standing
or wall-mounted, single-opening units 20 inches or less high with a
single door.
The subject certain metal lockers are classified under Harmonized
Tariff Schedule of the United States (HTSUS) subheading 9403.20.0078.
Parts of subject certain metal lockers are classified under HTS
subheading 9403.90.8041. In addition, subject certain metal lockers may
also enter under HTS subheading 9403.20.0050. While HTSUS subheadings
are provided for convenience and Customs purposes, the written
description of the scope of the Orders is dispositive.
Proposed Revocation of the Orders, in Part
TSC requested that the Orders be revoked, in part, with respect to
certain gun safes, specifically requesting that TSC's gun safe models
TS12-30 and TS20-30 be excluded from the Orders and further, that
Commerce conduct an expedited CCR.\9\ TSC's Request proposes that
Commerce adopt new exclusion language to the scope of the Orders as
follows: \10\
---------------------------------------------------------------------------
\9\ See TSC's Request at 1.
\10\ Id. at 3-4.
The scope also excludes gun safes meeting each of the following
requirements:
(1) Shall be able to fully contain firearms and provide for
their secure storage.
(2) Shall have a locking system consisting of at minimum a
mechanical or electronic combination lock with a lock body that is
integrated into the door of the safe. The mechanical or electronic
combination lock utilized by the safe shall have at least 10,000
possible combinations consisting of a minimum three numbers,
letters, or symbols.
(3) Bolt work shall consist of a minimum of three steel locking
bolts of at least \1/2\-inch diameter that intrude from the door of
the safe into the body of the safe or from the body of the safe into
the door of the safe, which are operated by a separate handle and
secured by the lock.
(4) The exterior walls (inclusive of the floor and top) shall be
constructed of a minimum 14-gauge thick steel and shall be lined
with one or more layers of fire-retardant gypsum board bonded,
affixed with brackets or otherwise securely attached to the exterior
walls. The fire retardant gypsum board shall be at least 15 mm in
thickness for a single layer or shall sum to at least 19 mm in
thickness where multiple layers are combined together.
(5) Doors shall be constructed of a minimum of one layer of 14-
gauge steel lined with a minimum of one layer of 15 mm thick, fire-
retardant gypsum board bonded, affixed with brackets or otherwise
securely attached to the door. The doors shall fit into jambs
equipped with a fire seal fitted completely around the door frame
consisting of a hydrated sodium silicate encapsulated in a plastic
film or sleeve that, when heat-activated by temperatures of over 210
degrees, expands to cover the space between the jambs and door,
providing a barrier to prevent the intrusion of flames, gas, or
smoke into the safe.
(6) Door hinges shall be protected to prevent the removal of the
door. Protective features include but are not limited to: hinges not
exposed to the outside, interlocking door designs, dead bars,
jeweler's lugs and active or inactive locking bolts.
(7) The excluded safe must be imported in the fully assembled
condition.
For a complete description of the proposed scope of these Orders,
see the appendix to this notice.
Initiation of CCRs
Pursuant to section 751(b) of the Act, Commerce will conduct a CCR
upon receipt of a request from an interested party that shows changed
circumstances sufficient to warrant a review of the Orders. In
accordance with 19 CFR 351.216(d), Commerce determines that the
information submitted by TSC, along with substantially all of the
domestic industry's support, constitutes a sufficient basis to conduct
an expedited CCR of the Orders.
Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide
that Commerce may revoke an order (in whole or in part) if it
determines that producers accounting for substantially all of the
production of the domestic like product have expressed a lack of
[[Page 47477]]
interest in the order, in whole or in part. In its administrative
practice, Commerce has interpreted ``substantially all'' to mean
producers accounting for at least 85 percent of the total U.S.
production of the domestic like product covered by the order.\11\
---------------------------------------------------------------------------
\11\ See, e.g., Certain Cased Pencils from the People's Republic
of China: Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review, and Intent to Revoke Order in Part, 77
FR 42276 (July 18, 2012), unchanged in Certain Cased Pencils from
the People's Republic of China: Final Results of Antidumping Duty
Changed Circumstances Review, and Determination to Revoke Order, in
Part, 77 FR 53176 (August 31, 2012).
---------------------------------------------------------------------------
Furthermore, section 751(b)(4)(B) of the Act states that, ``in the
absence of good cause shown,'' the Secretary of Commerce may not review
a final determination less than 24 months after the date of publication
of the notice of final determination or notice of suspension of an
investigation. The final determinations in the less-than-fair-value-
investigation and countervailing duty investigation of metal lockers
from China published on July 7, 2021.\12\ Therefore, because we are
initiating this review more than 24 months after July 7, 2021, it is
not necessary to establish good cause for conducting this review.
---------------------------------------------------------------------------
\12\ See Certain Metal Lockers and Parts Thereof from the
People's Republic of China: Final Affirmative Determination of Sales
at Less Than Fair Value, 86 FR 35737 (July 7, 2021); see also
Certain Metal Lockers and Parts Thereof from the People's Republic
of China: Final Affirmative Countervailing Duty Determination, 86 FR
35741 (July 7, 2021).
---------------------------------------------------------------------------
Preliminary Results of CCR and Intent To Revoke the Orders, in Part
Section 351.221(c)(3)(ii) of Commerce's regulations permits
Commerce to combine the notice of initiation of a CCR and the notice of
preliminary results if Commerce concludes that expedited action is
warranted.\13\ In this instance, because the record contains
information necessary to make a preliminary finding, we find that
expedited action is warranted and have combined the notice of
initiation and the notice of preliminary results.\14\
---------------------------------------------------------------------------
\13\ See 19 CFR 351.221(c)(3)(ii); see also Certain Pasta from
Italy: Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review, 80 FR 33480, 33480-41 (June 12, 2015)
(Pasta from Italy Preliminary Results), unchanged in Certain Pasta
from Italy: Final Results of Changed Circumstances Review, 80 FR
48807 (August 14, 2015) (Pasta from Italy Final Results).
\14\ See, e.g., Pasta from Italy Preliminary Results, 80 FR at
33480-41, unchanged in Pasta from Italy Final Results, 80 FR at
48807.
---------------------------------------------------------------------------
Pursuant to section 751(d)(1) of the Act, and 19 CFR 351.222(g),
Commerce may revoke an AD or CVD order, in whole or in part, based on a
review under section 751(b) of the Act (i.e., a CCR). Section 751(b)(1)
of the Act requires a CCR to be conducted upon receipt of a request
which shows changed circumstances sufficient to warrant a review.
Section 782(h)(2) of the Act gives Commerce the authority to revoke an
order if producers accounting for substantially all of the production
of the domestic like product have expressed a lack of interest in the
order. Section 351.222(g) of Commerce's regulations provides that
Commerce will conduct a CCR of an AD or CVD order under 19 CFR 351.216,
and may revoke an order (in whole or in part), if it concludes that:
(i) producers accounting for substantially all of the production of the
domestic like product to which the order pertains have expressed a lack
of interest in the relief provided by the order, in whole or in part;
or (ii) if other changed circumstances sufficient to warrant revocation
exist. Thus, both the Act and Commerce's regulations require that
``substantially all'' domestic producers express a lack of interest in
the order for Commerce to revoke the order, in whole or in part.\15\ In
its administrative practice, Commerce has interpreted ``substantially
all'' to represent producers accounting for at least 85 percent of U.S.
production of the domestic like product.\16\
---------------------------------------------------------------------------
\15\ See section 782(h) of the Act; and 19 CFR 351.222(g)
\16\ See, e.g., Honey from Argentina: Antidumping and
Countervailing Duty Changed Circumstances Reviews; Preliminary
Intent to Revoke Antidumping and Countervailing Duty Orders, 77 FR
67790, 67791 (November 14, 2012), unchanged in Honey from Argentina:
Final Results of Antidumping and Countervailing Duty Changed
Circumstances Reviews; Revocation of Antidumping and Countervailing
Duty Orders, 77 FR 77029 (December 31, 2012).
---------------------------------------------------------------------------
As explained above, domestic locker producers accounting for
greater than 85 percent of the domestic industry have expressed support
for TSC's requested CCR, which includes support from the original
petitioners and other domestic locker producers.\17\ The domestic
industry did not oppose the request for expedited changed circumstances
reviews, or the addition of the specific exclusion language proposed by
TSC.\18\
---------------------------------------------------------------------------
\17\ See TSC's Request at 2 (citing Exhibit 1); see also
Petitioner's Comments at 12-13.
\18\ See TSC's Request at 2 (citing Exhibit 1); see also
Petitioner's Comments at 12-13.
---------------------------------------------------------------------------
In the Petitioner's Comments, List and Tennsco state their support
for ``the addition of TSC's proposed exclusion language for certain gun
safes that would cover its TS12-30 and TS20-30 models,'' \19\ further
stating that they ``support retroactivity of the exclusion back to the
date of the Orders.'' \20\ The Petitioner's Comments explain that the
support for the exclusion is conditioned on the new exclusion language
not being applied to entries prior to the Orders, effective August 20,
2021.\21\
---------------------------------------------------------------------------
\19\ See Petitioner's Comments at 12-13.
\20\ Id. (specifically citing August 20, 2021).
\21\ Id.
---------------------------------------------------------------------------
In light of the domestic producers' statements of support in
modifying the Orders, in part, with respect to certain gun safes as
described by TSC, and in the absence of any other interested party
comments addressing the issue of domestic industry support, we
preliminarily conclude that producers accounting for substantially all
of the production of the domestic like product to which the Orders
pertain lack interest in the relief provided by the Orders with respect
to certain gun safes that are the subject of TSC's CCR request. Thus,
we preliminarily determine that changed circumstances warrant
revocation of the Orders, in part, with respect to such gun safes, with
retroactivity of the revocation only back to the date of the Orders.
Accordingly, we are notifying the public of our intent to revoke the
Orders, in part, with respect to certain gun safes described in the
``Proposed Revocation of the Orders, in Part'' section above, with
retroactivity of the revocation applying back to the date of
publication of the Orders, August 20, 2021.
Public Comment
In accordance with 19 CFR 351.309(c)(1)(ii), interested parties may
submit case briefs not later than 14 days after the date of publication
of this notice.\22\ Rebuttal briefs, limited to issues raised in the
case briefs, may be filed no later than seven days after the due date
for case briefs, in accordance with 19 CFR 351.309(d). Parties who
submit case or rebuttal briefs 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.\23\ All comments are to be
filed electronically via ACCESS and must be served on interested
parties.\24\ Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\25\ An electronically filed document
must be received successfully in its entirety by ACCESS by 5:00 p.m.
[[Page 47478]]
Eastern Time on the day on which it is due.
---------------------------------------------------------------------------
\22\ Commerce is exercising its discretion under 19 CFR
351.309(c)(1)(ii) to alter the time limit for the filing of case
briefs.
\23\ See 19 CFR 351.30(c)(2) and (d)(2).
\24\ See, generally, 19 CFR 351.303.
\25\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), any interested party may request a
hearing within 14 days of publication of this notice in the Federal
Register. Hearing requests should contain the following information:
(1) the party's name, address, and telephone number; (2) the number of
participants; and (3) a list of the issues to be discussed. Oral
presentations at the hearing will be limited to issues raised in the
briefs. If a request for a hearing is made, Commerce intends to hold
the hearing at a time and date to be determined. Parties should confirm
the date and the time of the hearing two days before the scheduled
date.
Final Results of Review
Unless extended, consistent with 19 CFR 351.216(e), Commerce
intends to issue the final results of this CCR no later than 270 days
after the date on which this review was initiated or 45 days if all
parties agree to the outcome of the review.
Notification to Interested Parties
This initiation notice is published in accordance with section
751(b)(1) of the Act and 19 CFR 351.221(b)(1).
Dated: July 17, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
Proposed Scope of the Orders
The scope of the Orders covers certain metal lockers, with or
without doors, and parts thereof (metal lockers). The subject metal
lockers are secure metal storage devices less than 27 inches wide
and less than 27 inches deep, whether floor standing, installed onto
a base or wall-mounted. In a multiple locker assembly (whether a
welded locker unit, otherwise assembled locker unit or knocked down
unit or kit), the width measurement shall be based on the width of
an individual locker not the overall unit dimensions. All
measurements in this scope are based on actual measurements taken on
the outside dimensions of the single-locker unit. The height is the
vertical measurement from the bottom to the top of the unit. The
width is the horizontal (side to side) measurement of the front of
the unit, and the front of the unit is the face with the door or
doors or the opening for internal access of the unit if configured
without a door. The depth is the measurement from the front to the
back of the unit. The subject certain metal lockers typically
include the bodies (back, side, shelf, top and bottom panels), door
frames with or without doors which can be integrated into the sides
or made separately, and doors.
The subject metal lockers typically are made of flat-rolled
metal, metal mesh and/or expanded metal, which includes but is not
limited to alloy or non-alloy steel (whether or not galvanized or
otherwise metallically coated for corrosion resistance), stainless
steel, or aluminum, but the doors may also include transparent
polycarbonate, Plexiglas or similar transparent material or any
combination thereof. Metal mesh refers to both wire mesh and
expanded metal mesh. Wire mesh is a wire product in which the
horizontal and transverse wires are welded at the cross-section in a
grid pattern. Expanded metal mesh is made by slitting and stretching
metal sheets to make a screen of diamond or other shaped openings.
Where the product has doors, the doors are typically configured
with or for a handle or other device or other means that permit the
use of a mechanical or electronic lock or locking mechanism,
including, but not limited to: A combination lock, a padlock, a key
lock (including cylinder locks) lever or knob lock, electronic key
pad, or other electronic or wireless lock. The handle and locking
mechanism, if included, need not be integrated into one another. The
subject locker may or may not also enter with the lock or locking
device included or installed. The doors or body panels may also
include vents (including wire mesh or expanded metal mesh vents) or
perforations. The bodies, body components and doors are typically
powder coated, otherwise painted or epoxy coated or may be
unpainted. The subject merchandise includes metal lockers imported
either as welded or otherwise assembled units (ready for
installation or use) or as knocked down units or kits (requiring
assembly prior to installation or use).
The subject lockers may be shipped as individual or multiple
locker units preassembled, welded, or combined into banks or tiers
for ease of installation or as sets of component parts, bulk packed
(i.e., all backs in one package, crate, rack, carton or container
and sides in another package, crate, rack, carton or container) or
any combination thereof. The knocked down lockers are shipped
unassembled requiring a supplier, contractor or end-user to assemble
the individual lockers and locker banks prior to installation.
The scope also includes all parts and components of lockers made
from flat-rolled metal or expanded metal (e.g., doors, frames,
shelves, tops, bottoms, backs, side panels, etc.) as well as
accessories that are attached to the lockers when installed
(including, but not limited to, slope tops, bases, expansion filler
panels, dividers, recess trim, decorative end panels, and end caps)
that may be imported together with lockers or other locker
components or on their own. The particular accessories listed for
illustrative purposes are defined as follows:
a. Slope tops: Slope tops are slanted metal panels or units that
fit on the tops of the lockers and that slope from back to front to
prevent the accumulation of dust and debris on top of the locker and
to discourage the use of the tops of lockers as storage areas. Slope
tops come in various configurations including, but not limited to,
unit slope tops (in place of flat tops), slope hoods made of a back,
top and end pieces which fit over multiple units and convert flat
tops to a sloping tops, and slope top kits that convert flat tops to
sloping tops and include tops, backs and ends.
b. Bases: Locker bases are panels made from flat-rolled metal
that either conceal the legs of the locker unit, or for lockers
without legs, provide a toe space in the front of the locker and
conceal the flanges for floor anchoring.
c. Expansion filler panel: Expansion filler panels or fillers
are metal panels that attach to locker units to cover columns, pipes
or other obstacles in a row of lockers or fill in gaps between the
locker and the wall. Fillers may also include metal panels that are
used on the sides or the top of the lockers to fill gaps.
d. Dividers: Dividers are metal panels that divide the space
within a locker unit into different storage areas.
e. Recess trim: Recess trim is a narrow metal trim that bridges
the gap between lockers and walls or soffits when lockers are
recessed into a wall.
f. Decorative end panels: End panels fit onto the exposed ends
of locker units to cover holes, bolts, nuts, screws and other
fasteners. They typically are painted to match the lockers.
g. End caps: End caps fit onto the exposed ends of locker units
to cover holes, bolts, nuts, screws and other fasteners.
The scope also includes all hardware for assembly and
installation of the lockers and locker banks that are imported with
or shipped, invoiced, or sold with the imported locker or locker
system except the lock.
Excluded from the scope are wire mesh lockers. Wire mesh lockers
are those with each of the following characteristics:
(1) At least three sides, including the door, made from wire
mesh;
(2) the width and depth each exceed 25 inches; and
(3) the height exceeds 90 inches.
Also excluded are lockers with bodies made entirely of plastic,
wood, or any nonmetallic material.
Also excluded are exchange lockers with multiple individual
locking doors mounted on one master locking door to access multiple
units. Excluded exchange lockers have multiple individual storage
spaces, typically arranged in tiers, with access doors for each of
the multiple individual storage space mounted on a single frame that
can be swung open to allow access to all of the individual storage
spaces at once. For example, uniform or garment exchange lockers are
designed for the distinct function of securely and hygienically
exchanging clean and soiled uniforms. Thus, excluded exchange
lockers are a multi-access point locker whereas covered lockers are
a single access point locker for personal storage. The excluded
exchange lockers include assembled exchange lockers and those that
enter in `knock down' form in which all of the parts and components
to assemble a completed exchange locker unit are packaged together.
Parts for exchange lockers that are imported separately from the
exchange lockers in `knock down' form are not excluded.
Also excluded are metal lockers that are imported with an
installed electronic,
[[Page 47479]]
internet-enabled locking device that permits communication or
connection between the locker's locking device and other internet
connected devices.
Also excluded are locks and hardware and accessories for
assembly and installation of the lockers, locker banks and storage
systems that are separately imported in bulk and are not
incorporated into a locker, locker system or knocked down kit at the
time of importation. Such excluded hardware and accessories include
but are not limited to locks and bulk imported rivets, nuts, bolts,
hinges, door handles, door/frame latching components, and coat
hooks. Accessories of sheet metal, including but not limited to end
panels, bases, dividers and sloping tops, are not excluded
accessories.
Mobile tool chest attachments that meet the physical description
above are covered by the scope of the Orders, unless such
attachments are covered by the scope of the Orders on certain tool
chests and cabinets from China. If the Orders on certain tool chests
and cabinets from China are revoked, the mobile tool chest
attachments from China will be covered by the scope of the Orders.
The scope also excludes metal safes with each of the following
characteristics: (1) Pry resistant, concealed hinges; (2) body walls
and doors of steel that are at least 17 gauge (0.05625 inch or
1.42874 mm thick); and (3) an integrated locking mechanism that
includes at least two round steel bolts 0.75 inch (19 mm) or larger
in diameter; or three bolts 0.70 inch (17.78 mm) or more in
diameter; or four or more bolts at least 0.60 inch (15.24 mm) or
more in diameter, that project from the door into the body or frame
of the safe when in the locked position.
The scope also excludes gun safes meeting each of the following
requirements:
(1) Shall be able to fully contain firearms and provide for
their secure storage.
(2) Shall have a locking system consisting of at minimum a
mechanical or electronic combination lock. The mechanical or
electronic combination lock utilized by the safe shall have at least
10,000 possible combinations consisting of a minimum three numbers,
letters, or symbols. The lock shall be protected by a casehardened
(Rc 60+) drill-resistant steel plate, or drill-resistant material of
equivalent strength.
(3) Boltwork shall consist of a minimum of three steel locking
bolts of at least 1-2 inch thickness that intrude from the door of
the safe into the body of the safe or from the body of the safe into
the door of the safe, which are operated by a separate handle and
secured by the lock.
(4) The exterior walls shall be constructed of a minimum 12-
gauge thick steel for a single-walled safe, or the sum of the steel
walls shall add up to at least 0.100 inches for safes with walls
made from two pieces of flat-rolled steel.
(5) Doors shall be constructed of a minimum one layer of 7-gauge
steel plate reinforced construction or at least two layers of a
minimum 12-gauge steel compound construction.
(6) Door hinges shall be protected to prevent the removal of the
door. Protective features include, but are not limited to: Hinges
not exposed to the outside, interlocking door designs, dead bars,
jeweler's lugs and active or inactive locking bolts.
The scope also excludes gun safes meeting each of the following
requirements:
(1) Shall be able to fully contain firearms and provide for
their secure storage.
(2) Shall have a locking system consisting of at minimum a
mechanical or electronic combination lock with a lock body that is
integrated into the door of the safe. The mechanical or electronic
combination lock utilized by the safe shall have at least 10,000
possible combinations consisting of a minimum three numbers,
letters, or symbols.
(3) Bolt work shall consist of a minimum of three steel locking
bolts of at least \1/2\-inch diameter that intrude from the door of
the safe into the body of the safe or from the body of the safe into
the door of the safe, which are operated by a separate handle and
secured by the lock.
(4) The exterior walls (inclusive of the floor and top) shall be
constructed of a minimum 14-gauge thick steel and shall be lined
with one or more layers of fire-retardant gypsum board bonded,
affixed with brackets or otherwise securely attached to the exterior
walls. The fire retardant gypsum board shall be at least 15 mm in
thickness for a single layer or shall sum to at least 19 mm in
thickness where multiple layers are combined together.
(5) Doors shall be constructed of a minimum of one layer of 14-
gauge steel lined with a minimum of one layer of 15 mm thick, fire-
retardant gypsum board bonded, affixed with brackets or otherwise
securely attached to the door. The doors shall fit into jambs
equipped with a fire seal fitted completely around the door frame
consisting of a hydrated sodium silicate encapsulated in a plastic
film or sleeve that, when heat-activated by temperatures of over 210
degrees, expands to cover the space between the jambs and door,
providing a barrier to prevent the intrusion of flames, gas, or
smoke into the safe.
(6) Door hinges shall be protected to prevent the removal of the
door. Protective features include but are not limited to: hinges not
exposed to the outside, interlocking door designs, dead bars,
jeweler's lugs and active or inactive locking bolts.
(7) The excluded safe must be imported in the fully assembled
condition.
The scope also excludes metal storage devices that (1) have two
or more exterior exposed drawers regardless of the height of the
unit, or (2) are no more than 30 inches tall and have at least one
exterior exposed drawer.
Also excluded from the scope are free standing metal cabinets
less than 30 inches tall with a single opening, single door and an
installed tabletop.
The scope also excludes metal storage devices less than 27
inches wide and deep that: (1) Have two doors hinged on the right
and left side of the door frame respectively covering a single
opening and that open from the middle toward the outer frame; or (2)
are free standing or wall-mounted, single-opening units 20 inches or
less high with a single door.
The subject certain metal lockers are classified under
Harmonized Tariff Schedule of the United States (HTSUS) subheading
9403.20.0078. Parts of subject certain metal lockers are classified
under HTS subheading 9403.90.8041. In addition, subject certain
metal lockers may also enter under HTS subheading 9403.20.0050.
While HTSUS subheadings are provided for convenience and Customs
purposes, the written description of the scope of the Orders is
dispositive.
[FR Doc. 2023-15557 Filed 7-21-23; 8:45 am]
BILLING CODE 3510-DS-P
