Certain Metal Lockers and Parts Thereof From the People's Republic of China: Final Results of Antidumping Duty Changed Circumstances Reviews, and Intent To Revoke the Antidumping and Countervailing Duty Orders, in Part, 63064-63067 [2023-19897]

Download as PDF 63064 Federal Register / Vol. 88, No. 177 / Thursday, September 14, 2023 / Notices Commerce to issue the preliminary determination in an LTFV investigation within 140 days after the date on which Commerce initiated the investigation. However, section 733(c)(1) of the Act permits Commerce to postpone the preliminary determination until no later than 190 days after the date on which Commerce initiated the investigation if: (A) the petitioner makes a timely request for a postponement; or (B) Commerce concludes that the parties concerned are cooperating, that the investigation is extraordinarily complicated, and that additional time is necessary to make a preliminary determination. Under 19 CFR 351.205(e), the petitioner must submit a request for postponement 25 days or more before the scheduled date of the preliminary determination and must state the reasons for the request. Commerce will grant the request unless it finds compelling reasons to deny the request. On August 31, 2023, Edsal Manufacturing Co., Inc. (the petitioner) submitted a timely request that Commerce postpone the preliminary determinations in the LTFV investigations for India, Malaysia, Taiwan, Thailand, and Vietnam.2 The petitioner stated that it requests postponement due to concerns that Commerce will need more time to issue supplemental questionnaires to address deficiencies in the respondents’ initial questionnaire responses.3 For the reasons stated above, and because there are no compelling reasons to deny the request, Commerce, in accordance with section 733(c)(1)(A) of the Act and 19 CFR 351.205(e), is postponing the deadline for the preliminary determinations by 50 days (i.e., 190 days after the date on which these investigations were initiated). As a result, Commerce will issue its preliminary determinations no later than November 21, 2023. In accordance with section 735(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determinations in these investigations will continue to be 75 days after the date of the preliminary determinations, unless postponed at a later date. lotter on DSK11XQN23PROD with NOTICES1 Notification to Interested Parties This notice is issued and published pursuant to section 733(c)(2) of the Act and 19 CFR 351.205(f)(1). 2 See Petitioner’s Letter, ‘‘Petitioner’s Request for Postponement of Preliminary Determinations,’’ dated August 31, 2023. 3 Id. at 2. VerDate Sep<11>2014 17:47 Sep 13, 2023 Jkt 259001 Dated: September 8, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. DEPARTMENT OF COMMERCE On August 7, 2023, Academy, Ltd., (Academy), submitted a case brief,3 and Fort Knox, Inc. (Fort Knox) submitted a letter in lieu of a case brief.4 On August 14, 2023, Tractor Supply Company (TSC) and List Industries, Inc. (List) and Tennsco LLC (Tennsco) (collectively, the petitioners) submitted rebuttal briefs.5 International Trade Administration Scope of the Orders [A–570–133, C–570–134] The scope of the Orders covers certain metal lockers, with or without doors, and parts thereof (metal lockers). 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. For a full description of the revised scope of the Orders, see Appendix II. [FR Doc. 2023–19896 Filed 9–13–23; 8:45 am] BILLING CODE 3510–DS–P Certain Metal Lockers and Parts Thereof From the People’s Republic of China: Final Results of Antidumping Duty 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 issuing the final results of changed circumstances reviews (CCRs) 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. DATES: Applicable September 14, 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: AGENCY: Background On July 24, 2023, Commerce published its initiation and preliminary results in the CCRs on metal lockers from China,1 in which Commerce found that changed circumstances warranted revocation of the Orders,2 in part, with respect to such gun safes, with an effective date retroactive to the date of the Orders. We provided interested parties with the opportunity to comment and request a public hearing regarding the Preliminary Results. 1 See 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, 88 FR 47474 (July 24, 2023) (Preliminary Results). 2 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). PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 Analysis of Comments Received All issues raised by the parties in the case brief, letter in lieu of a case brief, and rebuttal briefs are addressed in the Issues and Decision Memorandum 6 and are listed in Appendix I. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. 3 See Academy’s Letter, ‘‘Metal Lockers from the People’s Republic of China: Academy, Ltd.’s Case Brief,’’ dated August 7, 2023 (Academy’s Case Brief). 4 See Fort Knox’s Letter, ‘‘Letter in Lieu of Case Brief, Comments of Fort Knox, Inc. on Preliminary Results of CCR and Intent to Revoke the Orders, in Part,’’ dated August 7, 2023 (Fort Knox’s Comments). 5 See TSC’s Letter, ‘‘Rebuttal Brief,’’ dated August 14, 2023 (TSC’s Rebuttal Brief); and See Petitioners’ Letter, ‘‘Rebuttal Brief of Petitioner,’’ dated August 14, 2023 (Petitioners’ Rebuttal Brief). 6 See Memorandum, ‘‘Certain Metal Lockers and Parts Thereof from the People’s Republic of China: Final Results of Changed Circumstances Reviews,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). E:\FR\FM\14SEN1.SGM 14SEN1 Federal Register / Vol. 88, No. 177 / Thursday, September 14, 2023 / Notices Final Results of Changed Circumstances Reviews and Revocation of the Orders, in Part Upon review of the comments received,7 Commerce continues to determine that domestic locker producers accounting for greater than 85 percent of the domestic industry have expressed support for TSC’s requested CCRs,8 which includes support from the original petitioners and other domestic locker producers,9 and as a result, Commerce finds that changed circumstances warrant revocation of the Orders, in part, with respect to certain gun safes, as described in the revised scope language.10 As a result of this determination, Commerce finds that entries of certain gun safe models imported by TSC, specifically, TS12–30 and TS20–30,11 are excluded from the Orders. Application of the Final Results of These Reviews TSC requested that Commerce apply the final results of these reviews retroactively to the date of the Orders, i.e., August 20, 2021. Section 751(d)(3) of the Tariff Act of 1930, as amended (the Act) provides that ‘‘{a} determination under this section to revoke an order . . . shall apply with respect to unliquidated entries of the subject merchandise which are entered, or withdrawn from warehouse, for consumption on or after the date determined by the administering authority.’’ We note that substantially all of the domestic industry, which is in support of the partial revocation, also agrees with applying the partial revocation retroactive to the date of the Orders. Thus, because all parties are in agreement, and Commerce has no administrability concerns with the proposed effective date of the partial revocation being the date of the Orders, the final results of these CCRs are applicable, effective August 20, 2021. lotter on DSK11XQN23PROD with NOTICES1 Instructions to CBP Because we determine that there are changed circumstances that warrant the revocation of the Orders, in part, we will instruct CBP to liquidate without regard to antidumping and 7 See Academy’s Case Brief; and Fort Knox’s Comments; and Academy’s Request to Reject Fort Knox’s Comments; and TSC’s Rebuttal Brief; and Petitioners’ Rebuttal Brief. 8 See TSC’s Letter, ‘‘Request for Changed Circumstances Review,’’ dated June 8, 2023 (TSC’s Request). 9 See TSC’s Request at 2 (citing Exhibit 1); see also Petitioner’s Letter, ‘‘Response to Changed Circumstance Review Request,’’ dated June 22, 2023 (Petitioner’s Comments) at 12–13. 10 See Appendix II. 11 See TSC’s Request at 1. VerDate Sep<11>2014 17:47 Sep 13, 2023 Jkt 259001 countervailing duties, and to refund any estimated antidumping and countervailing duties on, all unliquidated entries of the merchandise covered by this partial revocation, effective the date of the Orders, August 20, 2021. Commerce intends to issue instructions to CBP no earlier than 35 days after the date of publication of these final results of CCRs in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). Administrative Protective Order This notice serves as a final reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. Notification to Interested Parties This notice is published in accordance with sections 751(b)(1) and 777(i)(1) of the Act and 19 CFR 351.216(b), 351.221(b), and 351.221(c)(3). Dated: September 7, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix I—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Orders IV. Discussion of the Issues Comment 1: Commerce Should Not Withdraw Protections Afforded to U.S. Gun Safe Manufacturers Comment 2: The Current and Proposed Scope Language Pertaining to Gun Safe Exclusions Should be Broadened V. Recommendation Appendix II—Revised 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 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 63065 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 E:\FR\FM\14SEN1.SGM 14SEN1 lotter on DSK11XQN23PROD with NOTICES1 63066 Federal Register / Vol. 88, No. 177 / Thursday, September 14, 2023 / Notices 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 VerDate Sep<11>2014 17:47 Sep 13, 2023 Jkt 259001 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 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. PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 (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, 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. E:\FR\FM\14SEN1.SGM 14SEN1 Federal Register / Vol. 88, No. 177 / Thursday, September 14, 2023 / Notices (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 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. 2023–19897 Filed 9–13–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XD199] Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Ferry Berth Construction in Tongass Narrows in Ketchikan, Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; Issuance of an incidental harassment authorization. AGENCY: In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an incidental harassment authorization (IHA) to the Alaska Department of Transportation and Public Facilities (ADOT&PF) to incidentally harass marine mammals during construction activities associated with ferry berth construction in Tongass Narrows in Ketchikan, Alaska. DATES: This authorization is effective from September 11, 2023 to September 10, 2024. lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:47 Sep 13, 2023 Jkt 259001 Electronic copies of the application and supporting documents, as well as a list of the references cited in this document, may be obtained online at: https:// www.fisheries.noaa.gov/national/ marine-mammal-protection/incidentaltake-authorizations-constructionactivities. In case of problems accessing these documents, please call the contact listed below. FOR FURTHER INFORMATION CONTACT: Kate Fleming, Office of Protected Resources, NMFS, (301) 427–8401. SUPPLEMENTARY INFORMATION: ADDRESSES: Background The MMPA prohibits the ‘‘take’’ of marine mammals, with certain exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce (as delegated to NMFS) to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are proposed or, if the taking is limited to harassment, a notice of a proposed IHA is provided to the public for review. Authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s) and will not have an unmitigable adverse impact on the availability of the species or stock(s) for taking for subsistence uses (where relevant). Further, NMFS must prescribe the permissible methods of taking and other ‘‘means of effecting the least practicable adverse impact’’ on the affected species or stocks and their habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of the species or stocks for taking for certain subsistence uses (referred to in shorthand as ‘‘mitigation’’); and requirements pertaining to the mitigation, monitoring and reporting of the takings are set forth. The definitions of all applicable MMPA statutory terms cited above are included in the relevant sections below. Summary of Request On January 24, 2023, NMFS received a request from ADOT&PF for an IHA to take marine mammals incidental to the construction of and improvements to four (initially five—see explanation below) ferry berths in Tongass Narrows in Ketchikan, Alaska. On February 23, 2023, ADOT&PF submitted a memo proposing additional construction PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 63067 activities at this project site, which was later retracted on March 21, 2023. Following NMFS’ review of the application and discussions between NMFS and ADOT&PF, on May 2, 2023, ADOT&PF asked NMFS to halt processing of the IHA until it submitted an acoustic monitoring report associated with previous work at the project site. ADOT&PF submitted the report on May 24, 2023. NMFS reviewed and accepted the results in the report, and the application was deemed adequate and complete on June 27, 2023. ADOT&PF’s request is for take of 11 species of marine mammals, by Level B harassment and, for Steller sea lion (Eumetopias jubatus), harbor seal (Phoca vitulina), northern elephant seal (Mirounga angustirostris), harbor porpoise (Phocoena phocoena), and Dall’s porpoise (Phocoenoides dalli), Level A harassment. Neither ADOT&PF nor NMFS expect serious injury or mortality to result from this activity and, therefore, an IHA is appropriate. NMFS previously issued two consecutive IHAs to ADOT&PF for this work (85 FR 673, January 7, 2020), which covered construction at the following six sites: Revilla New Ferry Berth and Upland Improvements (Revilla New Berth), New Gravina Island Shuttle Ferry Berth/Related Terminal Improvements (Gravina New Berth), Gravina Airport Ferry Layup Facility, Gravina Freight Facility, Revilla Refurbish Existing Ferry Berth Facility, and Gravina Refurbish Existing Ferry Berth Facility (Figure 1). Due to various project delays (and two minor changes to the phase 1 IHA activities), the phase 1 IHA was renewed (86 FR 23938, May 05, 2021) and the phase 2 IHA was reissued (87 FR 12117, March 3, 2022). Upon the expiration of the phase 1 renewal, because a subset of work had still not been completed, ADOT&PF requested, and NMFS issued, a new IHA (87 FR 15387, March 18, 2022) which was renewed upon its expiration (88 FR 13802, March 6, 2023). The reissued phase 2 IHA expired on February 28, 2023. While the current renewal IHA (88 FR 13802, March 6, 2023) does not expire until March 5, 2024, ADOT&PF proposed new project components that warrant a new IHA, and a subset of activities covered under the reissued phase 2 IHA remain incomplete. As such, ADOT&PF requested a new IHA to authorize take of marine mammals associated with all remaining work at the Tongass Narrows sites. Work at the Gravina Airport Ferry Layup Facility was completed prior to the application for this new IHA. Since the submission of ADOT&PF’s 2023 IHA E:\FR\FM\14SEN1.SGM 14SEN1

Agencies

[Federal Register Volume 88, Number 177 (Thursday, September 14, 2023)]
[Notices]
[Pages 63064-63067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19897]


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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: Final Results of Antidumping Duty 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 issuing the 
final results of changed circumstances reviews (CCRs) 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.

DATES: Applicable September 14, 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 July 24, 2023, Commerce published its initiation and preliminary 
results in the CCRs on metal lockers from China,\1\ in which Commerce 
found that changed circumstances warranted revocation of the Orders,\2\ 
in part, with respect to such gun safes, with an effective date 
retroactive to the date of the Orders. We provided interested parties 
with the opportunity to comment and request a public hearing regarding 
the Preliminary Results.
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    \1\ See 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, 88 FR 47474 
(July 24, 2023) (Preliminary Results).
    \2\ 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).
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    On August 7, 2023, Academy, Ltd., (Academy), submitted a case 
brief,\3\ and Fort Knox, Inc. (Fort Knox) submitted a letter in lieu of 
a case brief.\4\ On August 14, 2023, Tractor Supply Company (TSC) and 
List Industries, Inc. (List) and Tennsco LLC (Tennsco) (collectively, 
the petitioners) submitted rebuttal briefs.\5\
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    \3\ See Academy's Letter, ``Metal Lockers from the People's 
Republic of China: Academy, Ltd.'s Case Brief,'' dated August 7, 
2023 (Academy's Case Brief).
    \4\ See Fort Knox's Letter, ``Letter in Lieu of Case Brief, 
Comments of Fort Knox, Inc. on Preliminary Results of CCR and Intent 
to Revoke the Orders, in Part,'' dated August 7, 2023 (Fort Knox's 
Comments).
    \5\ See TSC's Letter, ``Rebuttal Brief,'' dated August 14, 2023 
(TSC's Rebuttal Brief); and See Petitioners' Letter, ``Rebuttal 
Brief of Petitioner,'' dated August 14, 2023 (Petitioners' Rebuttal 
Brief).
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Scope of the Orders

    The scope of the Orders covers certain metal lockers, with or 
without doors, and parts thereof (metal lockers). 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. For a full description of the revised 
scope of the Orders, see Appendix II.

Analysis of Comments Received

    All issues raised by the parties in the case brief, letter in lieu 
of a case brief, and rebuttal briefs are addressed in the Issues and 
Decision Memorandum \6\ and are listed in Appendix I. The Issues and 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \6\ See Memorandum, ``Certain Metal Lockers and Parts Thereof 
from the People's Republic of China: Final Results of Changed 
Circumstances Reviews,'' dated concurrently with, and hereby adopted 
by, this notice (Issues and Decision Memorandum).

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[[Page 63065]]

Final Results of Changed Circumstances Reviews and Revocation of the 
Orders, in Part

    Upon review of the comments received,\7\ Commerce continues to 
determine that domestic locker producers accounting for greater than 85 
percent of the domestic industry have expressed support for TSC's 
requested CCRs,\8\ which includes support from the original petitioners 
and other domestic locker producers,\9\ and as a result, Commerce finds 
that changed circumstances warrant revocation of the Orders, in part, 
with respect to certain gun safes, as described in the revised scope 
language.\10\
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    \7\ See Academy's Case Brief; and Fort Knox's Comments; and 
Academy's Request to Reject Fort Knox's Comments; and TSC's Rebuttal 
Brief; and Petitioners' Rebuttal Brief.
    \8\ See TSC's Letter, ``Request for Changed Circumstances 
Review,'' dated June 8, 2023 (TSC's Request).
    \9\ See TSC's Request at 2 (citing Exhibit 1); see also 
Petitioner's Letter, ``Response to Changed Circumstance Review 
Request,'' dated June 22, 2023 (Petitioner's Comments) at 12-13.
    \10\ See Appendix II.
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    As a result of this determination, Commerce finds that entries of 
certain gun safe models imported by TSC, specifically, TS12-30 and 
TS20-30,\11\ are excluded from the Orders.
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    \11\ See TSC's Request at 1.
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Application of the Final Results of These Reviews

    TSC requested that Commerce apply the final results of these 
reviews retroactively to the date of the Orders, i.e., August 20, 2021. 
Section 751(d)(3) of the Tariff Act of 1930, as amended (the Act) 
provides that ``{a{time}  determination under this section to revoke an 
order . . . shall apply with respect to unliquidated entries of the 
subject merchandise which are entered, or withdrawn from warehouse, for 
consumption on or after the date determined by the administering 
authority.'' We note that substantially all of the domestic industry, 
which is in support of the partial revocation, also agrees with 
applying the partial revocation retroactive to the date of the Orders. 
Thus, because all parties are in agreement, and Commerce has no 
administrability concerns with the proposed effective date of the 
partial revocation being the date of the Orders, the final results of 
these CCRs are applicable, effective August 20, 2021.

Instructions to CBP

    Because we determine that there are changed circumstances that 
warrant the revocation of the Orders, in part, we will instruct CBP to 
liquidate without regard to antidumping and countervailing duties, and 
to refund any estimated antidumping and countervailing duties on, all 
unliquidated entries of the merchandise covered by this partial 
revocation, effective the date of the Orders, August 20, 2021.
    Commerce intends to issue instructions to CBP no earlier than 35 
days after the date of publication of these final results of CCRs in 
the Federal Register. If a timely summons is filed at the U.S. Court of 
International Trade, the instructions will direct CBP not to liquidate 
relevant entries until the time for parties to file a request for a 
statutory injunction has expired (i.e., within 90 days of publication).

Administrative Protective Order

    This notice serves as a final reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    This notice is published in accordance with sections 751(b)(1) and 
777(i)(1) of the Act and 19 CFR 351.216(b), 351.221(b), and 
351.221(c)(3).

    Dated: September 7, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Orders
IV. Discussion of the Issues
    Comment 1: Commerce Should Not Withdraw Protections Afforded to 
U.S. Gun Safe Manufacturers
    Comment 2: The Current and Proposed Scope Language Pertaining to 
Gun Safe Exclusions Should be Broadened
V. Recommendation

Appendix II--Revised 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

[[Page 63066]]

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 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.

[[Page 63067]]

    (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. 2023-19897 Filed 9-13-23; 8:45 am]
BILLING CODE 3510-DS-P

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