Boltless Steel Shelving Units Prepackaged for Sale From Taiwan: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 83382-83384 [2023-26229]
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Federal Register / Vol. 88, No. 228 / Wednesday, November 29, 2023 / Notices
Business Diversity in the private sector?
Are any best practices missing, in your
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3. Are there any specific elements of
the Business Diversity Principles that
you would consider especially
important?
ddrumheller on DSK120RN23PROD with NOTICES1
Existing Business Diversity Efforts
1. To what extent are each of the
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represent the greatest growth
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17:26 Nov 28, 2023
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13. How might the Business Diversity
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The Department of Commerce
appreciates your valuable input and
looks forward to reviewing your
submissions.
Dated: November 24, 2023.
Brandee Anderson,
Senior Advisor for Diversity, Equity,
Inclusion, and Accessibility.
[FR Doc. 2023–26254 Filed 11–27–23; 8:45 am]
BILLING CODE 3510–20–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–871]
Boltless Steel Shelving Units
Prepackaged for Sale From Taiwan:
Preliminary Affirmative Determination
of Sales at Less Than Fair Value,
Postponement of Final Determination,
and Extension of Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that boltless steel shelving
units prepackaged for sale (boltless steel
shelving) from Taiwan are being, or are
likely to be, sold in the United States at
less than fair value (LTFV). The period
of investigation (POI) is April 1, 2022,
through March 31, 2023. Interested
parties are invited to comment on this
preliminary determination.
DATES: Applicable November 29, 2023.
FOR FURTHER INFORMATION CONTACT: Joy
Zhang, 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) 482–1168.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on May 19, 2023.1 On September 14,
1 See Boltless Steel Shelving Units Prepackaged
for Sale from India, Malaysia, Taiwan, Thailand
and the Socialist Republic of Vietnam: Initiation of
PO 00000
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Sfmt 4703
2023, Commerce postponed the
preliminary determination of this
investigation until November 21, 2023.2
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.3 A list of topics
included in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
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 Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Investigation
The product covered by this
investigation is boltless steel shelving
from Taiwan. For a complete
description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the Preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).5 Certain interested
parties commented on the scope of the
investigation as it appeared in the
Initiation Notice. For a summary of the
product coverage comments and
rebuttal responses submitted to the
record for this preliminary
determination, and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Scope Decision Memorandum.6 As
discussed in the Preliminary Scope
Decision Memorandum, Commerce
preliminarily did not modify the scope
language as it appeared in the Initiation
Notice. In the Preliminary Scope
Less-Than-Fair-Value Investigations, 88 FR 32188
(May 19, 2023) (Initiation Notice).
2 See Boltless Steel Shelving Units Prepackaged
for Sale from India, Malaysia, Taiwan, Thailand
and the Socialist Republic of Vietnam:
Postponement of Preliminary Determinations in the
Less-Than-Fair-Value Investigations, 88 FR 63063
(September 14, 2023).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Boltless Steel Shelving
Units Prepackaged for Sale from Taiwan’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
4 See Antidumping Duties; Countervailing Duties,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
5 See Initiation Notice, 88 FR at 32189.
6 See Memorandum, ‘‘Preliminary Scope Decision
Memorandum,’’ dated November 13, 2023
(Preliminary Scope Decision Memorandum).
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Federal Register / Vol. 88, No. 228 / Wednesday, November 29, 2023 / Notices
Decision Memorandum, Commerce
established deadlines for parties to
submit scope case and rebuttal briefs as
well as a deadline to request a hearing
on issues raised in the scope briefs.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Constructed export
prices have been calculated in
accordance with section 772(b) of the
Act. Normal value is calculated in
accordance with section 773 of the Act.
Furthermore, pursuant to sections
776(a)(1), 776(a)(2)(A)–(C), and 776(b) of
the Act, Commerce preliminarily
determined Jin Yi Sheng Industrial Co.,
Ltd. (Jin Yi Sheng)’s margin on the basis
of facts available with adverse
inferences. For a full description of the
methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A)
of the Act provide that in the
preliminary determination Commerce
shall determine an estimated all-others
rate for all exporters and producers not
individually examined. This rate shall
be an amount equal to the weighted
average of the estimated weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act.
In this investigation, Commerce
preliminarily assigned a rate based
entirely on facts available to Jin Yi
Sheng. Therefore, the only rate that is
not zero, de minimis or based entirely
on facts otherwise available is the rate
calculated for Taiwan Shin Yeh
Enterprise Co., Ltd. (Shin Yeh).
Consequently, the rate calculated for
Shin Yeh is also assigned as the rate for
all other producers and exporters.
Preliminary Determination
ddrumheller on DSK120RN23PROD with NOTICES1
For the period April 1, 2022, through
March 31, 2023, Commerce
preliminarily determines that the
following estimated weighted-average
dumping margins exist:
Estimated
weightedaverage
dumping
margin
(percent)
Exporter/producer
Taiwan Shin Yeh Enterprise Co.,
Ltd ...........................................
Jin Yi Sheng Industrial Co., Ltd
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17:26 Nov 28, 2023
investigation. Rebuttal briefs, limited to
issues raised in the case briefs, may be
filed not later than five days after the
Exporter/producer
date for filing case briefs.7 Interested
parties who submit case briefs or
rebuttal briefs in this proceeding must
All Others ....................................
9.41 submit: (1) a table of contents listing
* Rate based on facts available with adverse each issue; and (2) a table of
inferences.
authorities.8
As provided under 19 CFR
Suspension of Liquidation
351.309(c)(2)
and (d)(2), in prior
In accordance with section 733(d)(2)
proceedings we have encouraged
of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to interested parties to provide an
suspend liquidation of entries of subject executive summary of their brief that
merchandise, as described in Appendix should be limited to five pages total,
including footnotes. In this
I, entered, or withdrawn from
investigation, we instead request that
warehouse, for consumption on or after
interested parties provide at the
the date of publication of this notice in
beginning of their briefs a public,
the Federal Register, as discussed
executive summary for each issue raised
below. Further, pursuant to section
in their briefs.9 Further, we request that
733(d)(1)(B) of the Act and 19 CFR
351.205(d), Commerce will instruct CBP interested parties limit their executive
summary of each issue to no more than
to require a cash deposit equal to the
estimated weighted-average dumping
450 words, not including citations. We
margin or the estimated all-others rate,
intend to use the executive summaries
as follows: (1) the cash deposit rate for
as the basis of the comment summaries
the respondents listed above will be
included in the issues and decision
equal to the company-specific estimated memorandum that will accompany the
weighted-average dumping margins
final determination in this investigation.
determined in this preliminary
We request that interested parties
determination; (2) if the exporter is not
include footnotes for relevant citations
a respondent identified above, but the
in the executive summary of each issue.
producer is, then the cash deposit rate
Note that Commerce has amended
will be equal to the company-specific
certain of its requirements pertaining to
estimated weighted-average dumping
the service of documents in 19 CFR
margin established for that producer of
351.303(f).10
the subject merchandise; and (3) the
Pursuant to 19 CFR 351.310(c),
cash deposit rate for all other producers
interested parties who wish to request a
and exporters will be equal to the allhearing, limited to issues raised in the
others estimated weighted-average
case and rebuttal briefs, must submit a
dumping margin. These suspension of
written request to the Assistant
liquidation instructions will remain in
Secretary for Enforcement and
effect until further notice.
Compliance, U.S. Department of
Disclosure
Commerce, within 30 days after the date
Commerce intends to disclose its
of publication of this notice. Requests
calculations and analysis performed in
should contain the party’s name,
connection with this preliminary
address, and telephone number, the
determination to interested parties
number of participants, whether any
within five days of any public
participant is a foreign national, and a
announcement or, if there is no public
list of the issues to be discussed. If a
announcement, within five days of the
request for a hearing is made, Commerce
date of publication of this notice, in
intends to hold the hearing at a time and
accordance with 19 CFR 351.224(b).
date to be determined. Parties should
confirm by telephone the date, time, and
Verification
location of the hearing two days before
As provided in section 782(i)(1) of the the scheduled date.
Act, Commerce intends to verify the
information relied upon in making its
7 See 19 CFR 351.309(d); see also Administrative
final determination.
Protective Order, Service, and Other Procedures in
Estimated
weightedaverage
dumping
margin
(percent)
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
9.41 after the date on which the last
* 78.12 verification report is issued in this
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83383
PO 00000
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Fmt 4703
Sfmt 4703
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (APO and
Service Final Rule).
8 See 19 351.309(c)(2) and (d)(2).
9 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
10 See APO and Service Final Rule.
E:\FR\FM\29NON1.SGM
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83384
Federal Register / Vol. 88, No. 228 / Wednesday, November 29, 2023 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
Pursuant to 19 CFR 351.210(e)(2),
Commerce requires that requests by
respondents for postponement of a final
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration. On November 3, 2023,
pursuant to 19 CFR 351.210(e), Edsal
Manufacturing Co., Inc. (the petitioner),
requested that Commerce postpone the
final determination and that provisional
measures be extended to a period not to
exceed 135 days.11
On November 7, 2023, pursuant to 19
CFR 351.210(e), Shin Yeh also requested
that Commerce postpone the final
determination, in the event the
preliminary determination is affirmative
and that provisional measures be
extended to a period not to exceed six
months. In accordance with section
735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), because: (1) the
preliminary determination is
affirmative; (2) the requesting exporter
accounts for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
publication of this preliminary
determination.
U.S. International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the U.S.
International Trade Commission (ITC) of
its preliminary determination. If the
final determination is affirmative, the
ITC will determine before the later of
120 days after the date of this
preliminary determination or 45 days
after the final determination whether
11 See Petitioner’s Letter, ‘‘Petitioner’s Request for
Postponement of Final Determination,’’ dated
November 3, 2023.
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17:26 Nov 28, 2023
Jkt 262001
these imports are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act, and 19
CFR 351.205(c).
Dated: November 21, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix I
Scope of the Investigation
The scope of this investigation covers
boltless steel shelving units prepackaged for
sale, with or without decks (boltless steel
shelving). The term ‘‘prepackaged for sale’’
means that, at a minimum, the steel vertical
supports (i.e., uprights and posts) and steel
horizontal supports (i.e., beams, braces)
necessary to assemble a completed shelving
unit (with or without decks) are packaged
together for ultimate purchase by the enduser. The scope also includes add-on kits.
Add-on kits include, but are not limited to,
kits that allow the end-user to add an
extension shelving unit onto an existing
boltless steel shelving unit such that the
extension and the original unit will share
common frame elements (e.g., two posts).
The term ‘‘boltless’’ refers to steel shelving in
which the vertical and horizontal supports
forming the frame are assembled primarily
without the use of nuts and bolts, or screws.
The vertical and horizontal support members
for boltless steel shelving are assembled by
methods such as, but not limited to, fitting
a rivet, punched or cut tab, or other similar
connector on one support into a hole, slot or
similar receptacle on another support. The
supports lock together to form the frame for
the shelving unit, and provide the structural
integrity of the shelving unit separate from
the inclusion of any decking. The incidental
use of nuts and bolts, or screws to add
accessories, wall anchors, tie-bars or shelf
supports does not remove the product from
scope. Boltless steel shelving units may also
come packaged as partially assembled, such
as when two upright supports are welded
together with front-to-back supports, or are
otherwise connected, to form an end unit for
the frame. The boltless steel shelving covered
by this investigation may be commonly
described as rivet shelving, welded frame
shelving, slot and tab shelving, and punched
rivet (quasi-rivet) shelving as well as by other
trade names. The term ‘‘deck’’ refers to the
shelf that sits on or fits into the horizontal
supports (beams or braces) to provide the
horizontal storage surface of the shelving
unit.
The scope includes all boltless steel
shelving meeting the description above,
regardless of: (1) vertical support or post type
(including but not limited to open post,
closed post and tubing); (2) horizontal
support or beam/brace profile (including but
not limited to Z-beam, C-beam, L-beam, step
beam and cargo rack); (3) number of
supports; (4) surface coating (including but
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
not limited to paint, epoxy, powder coating,
zinc and other metallic coating); (5) number
of levels; (6) weight capacity; (7) shape
(including but not limited to rectangular,
square, and corner units); (8) decking
material (including but not limited to wire
decking, particle board, laminated board or
no deck at all); or (9) the boltless method by
which vertical and horizontal supports
connect (including but not limited to keyhole
and rivet, slot and tab, welded frame,
punched rivet and clip).
Specifically excluded from the scope are:
• wall-mounted shelving, defined as
shelving that is hung on the wall and does
not stand on, or transfer load to, the floor.
The addition of a wall bracket or other device
to attach otherwise freestanding subject
merchandise to a wall does not meet the
terms of this exclusion;
• wire shelving units, which consist of
shelves made from wire that incorporates
both a wire deck and wire horizontal
supports (taking the place of the horizontal
beams and braces) into a single piece with
tubular collars that slide over the posts and
onto plastic sleeves snapped on the posts to
create the finished shelving unit;
• bulk-packed parts or components of
boltless steel shelving units; and
• made-to-order shelving systems.
Subject boltless steel shelving enters the
United States through Harmonized Tariff
Schedule of the United States (HTSUS)
statistical subheading 9403.20.0075. While
the HTSUS subheading is provided for
convenience and customs purposes, the
description of the scope of this investigation
is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. Application of Facts Available
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2023–26229 Filed 11–28–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–911]
Thermal Paper From the Republic of
Korea: Preliminary Results of
Antidumping Duty Administrative
Review; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that the sole producer/
exporter subject to this administrative
AGENCY:
E:\FR\FM\29NON1.SGM
29NON1
]]>Agencies
[Federal Register Volume 88, Number 228 (Wednesday, November 29, 2023)]
[Notices]
[Pages 83382-83384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26229]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-871]
Boltless Steel Shelving Units Prepackaged for Sale From Taiwan:
Preliminary Affirmative Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and Extension of Provisional
Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that boltless steel shelving units prepackaged for sale
(boltless steel shelving) from Taiwan are being, or are likely to be,
sold in the United States at less than fair value (LTFV). The period of
investigation (POI) is April 1, 2022, through March 31, 2023.
Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable November 29, 2023.
FOR FURTHER INFORMATION CONTACT: Joy Zhang, 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) 482-1168.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on May 19,
2023.\1\ On September 14, 2023, Commerce postponed the preliminary
determination of this investigation until November 21, 2023.\2\
---------------------------------------------------------------------------
\1\ See Boltless Steel Shelving Units Prepackaged for Sale from
India, Malaysia, Taiwan, Thailand and the Socialist Republic of
Vietnam: Initiation of Less-Than-Fair-Value Investigations, 88 FR
32188 (May 19, 2023) (Initiation Notice).
\2\ See Boltless Steel Shelving Units Prepackaged for Sale from
India, Malaysia, Taiwan, Thailand and the Socialist Republic of
Vietnam: Postponement of Preliminary Determinations in the Less-
Than-Fair-Value Investigations, 88 FR 63063 (September 14, 2023).
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\3\ A list of topics included in the Preliminary Decision
Memorandum is included as Appendix II to this notice. The Preliminary
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 Preliminary Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Boltless
Steel Shelving Units Prepackaged for Sale from Taiwan'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is boltless steel
shelving from Taiwan. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the Preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice. For a summary of the product coverage comments
and rebuttal responses submitted to the record for this preliminary
determination, and accompanying discussion and analysis of all comments
timely received, see the Preliminary Scope Decision Memorandum.\6\ As
discussed in the Preliminary Scope Decision Memorandum, Commerce
preliminarily did not modify the scope language as it appeared in the
Initiation Notice. In the Preliminary Scope
[[Page 83383]]
Decision Memorandum, Commerce established deadlines for parties to
submit scope case and rebuttal briefs as well as a deadline to request
a hearing on issues raised in the scope briefs.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997) (Preamble).
\5\ See Initiation Notice, 88 FR at 32189.
\6\ See Memorandum, ``Preliminary Scope Decision Memorandum,''
dated November 13, 2023 (Preliminary Scope Decision Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Constructed export prices have been calculated
in accordance with section 772(b) of the Act. Normal value is
calculated in accordance with section 773 of the Act.
Furthermore, pursuant to sections 776(a)(1), 776(a)(2)(A)-(C), and
776(b) of the Act, Commerce preliminarily determined Jin Yi Sheng
Industrial Co., Ltd. (Jin Yi Sheng)'s margin on the basis of facts
available with adverse inferences. For a full description of the
methodology underlying the preliminary determination, see the
Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in
the preliminary determination Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. This rate shall be an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
and de minimis margins, and any margins determined entirely under
section 776 of the Act.
In this investigation, Commerce preliminarily assigned a rate based
entirely on facts available to Jin Yi Sheng. Therefore, the only rate
that is not zero, de minimis or based entirely on facts otherwise
available is the rate calculated for Taiwan Shin Yeh Enterprise Co.,
Ltd. (Shin Yeh). Consequently, the rate calculated for Shin Yeh is also
assigned as the rate for all other producers and exporters.
Preliminary Determination
For the period April 1, 2022, through March 31, 2023, Commerce
preliminarily determines that the following estimated weighted-average
dumping margins exist:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Taiwan Shin Yeh Enterprise Co., Ltd......................... 9.41
Jin Yi Sheng Industrial Co., Ltd............................ * 78.12
All Others.................................................. 9.41
------------------------------------------------------------------------
* Rate based on facts available with adverse inferences.
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of entries of subject merchandise, as described in Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register, as discussed below.
Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR
351.205(d), Commerce will instruct CBP to require a cash deposit equal
to the estimated weighted-average dumping margin or the estimated all-
others rate, as follows: (1) the cash deposit rate for the respondents
listed above will be equal to the company-specific estimated weighted-
average dumping margins determined in this preliminary determination;
(2) if the exporter is not a respondent identified above, but the
producer is, then the cash deposit rate will be equal to the company-
specific estimated weighted-average dumping margin established for that
producer of the subject merchandise; and (3) the cash deposit rate for
all other producers and exporters will be equal to the all-others
estimated weighted-average dumping margin. These suspension of
liquidation instructions will remain in effect until further notice.
Disclosure
Commerce intends to disclose its calculations and analysis
performed in connection with this preliminary determination to
interested parties within five days of any public announcement or, if
there is no public announcement, within five days of the date of
publication of this notice, in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation. Rebuttal briefs, limited to issues raised in the
case briefs, may be filed not later than five days after the date for
filing case briefs.\7\ Interested parties who submit case briefs or
rebuttal briefs in this proceeding must submit: (1) a table of contents
listing each issue; and (2) a table of authorities.\8\
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\7\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\8\ See 19 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this investigation, we instead request
that interested parties provide at the beginning of their briefs a
public, executive summary for each issue raised in their briefs.\9\
Further, we request that interested parties limit their executive
summary of each issue to no more than 450 words, not including
citations. We intend to use the executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final determination in this investigation. We
request that interested parties include footnotes for relevant
citations in the executive summary of each issue. Note that Commerce
has amended certain of its requirements pertaining to the service of
documents in 19 CFR 351.303(f).\10\
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\9\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\10\ See APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. 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 by telephone the date, time, and
location of the hearing two days before the scheduled date.
[[Page 83384]]
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Pursuant to 19 CFR 351.210(e)(2), Commerce requires
that requests by respondents for postponement of a final determination
be accompanied by a request for extension of provisional measures from
a four-month period to a period not more than six months in duration.
On November 3, 2023, pursuant to 19 CFR 351.210(e), Edsal Manufacturing
Co., Inc. (the petitioner), requested that Commerce postpone the final
determination and that provisional measures be extended to a period not
to exceed 135 days.\11\
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\11\ See Petitioner's Letter, ``Petitioner's Request for
Postponement of Final Determination,'' dated November 3, 2023.
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On November 7, 2023, pursuant to 19 CFR 351.210(e), Shin Yeh also
requested that Commerce postpone the final determination, in the event
the preliminary determination is affirmative and that provisional
measures be extended to a period not to exceed six months. In
accordance with section 735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), because: (1) the preliminary determination is
affirmative; (2) the requesting exporter accounts for a significant
proportion of exports of the subject merchandise; and (3) no compelling
reasons for denial exist, Commerce is postponing the final
determination and extending the provisional measures from a four-month
period to a period not greater than six months. Accordingly, Commerce
will make its final determination no later than 135 days after the date
of publication of this preliminary determination.
U.S. International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its preliminary
determination. If the final determination is affirmative, the ITC will
determine before the later of 120 days after the date of this
preliminary determination or 45 days after the final determination
whether these imports are materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).
Dated: November 21, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The scope of this investigation covers boltless steel shelving
units prepackaged for sale, with or without decks (boltless steel
shelving). The term ``prepackaged for sale'' means that, at a
minimum, the steel vertical supports (i.e., uprights and posts) and
steel horizontal supports (i.e., beams, braces) necessary to
assemble a completed shelving unit (with or without decks) are
packaged together for ultimate purchase by the end-user. The scope
also includes add-on kits. Add-on kits include, but are not limited
to, kits that allow the end-user to add an extension shelving unit
onto an existing boltless steel shelving unit such that the
extension and the original unit will share common frame elements
(e.g., two posts). The term ``boltless'' refers to steel shelving in
which the vertical and horizontal supports forming the frame are
assembled primarily without the use of nuts and bolts, or screws.
The vertical and horizontal support members for boltless steel
shelving are assembled by methods such as, but not limited to,
fitting a rivet, punched or cut tab, or other similar connector on
one support into a hole, slot or similar receptacle on another
support. The supports lock together to form the frame for the
shelving unit, and provide the structural integrity of the shelving
unit separate from the inclusion of any decking. The incidental use
of nuts and bolts, or screws to add accessories, wall anchors, tie-
bars or shelf supports does not remove the product from scope.
Boltless steel shelving units may also come packaged as partially
assembled, such as when two upright supports are welded together
with front-to-back supports, or are otherwise connected, to form an
end unit for the frame. The boltless steel shelving covered by this
investigation may be commonly described as rivet shelving, welded
frame shelving, slot and tab shelving, and punched rivet (quasi-
rivet) shelving as well as by other trade names. The term ``deck''
refers to the shelf that sits on or fits into the horizontal
supports (beams or braces) to provide the horizontal storage surface
of the shelving unit.
The scope includes all boltless steel shelving meeting the
description above, regardless of: (1) vertical support or post type
(including but not limited to open post, closed post and tubing);
(2) horizontal support or beam/brace profile (including but not
limited to Z-beam, C-beam, L-beam, step beam and cargo rack); (3)
number of supports; (4) surface coating (including but not limited
to paint, epoxy, powder coating, zinc and other metallic coating);
(5) number of levels; (6) weight capacity; (7) shape (including but
not limited to rectangular, square, and corner units); (8) decking
material (including but not limited to wire decking, particle board,
laminated board or no deck at all); or (9) the boltless method by
which vertical and horizontal supports connect (including but not
limited to keyhole and rivet, slot and tab, welded frame, punched
rivet and clip).
Specifically excluded from the scope are:
wall-mounted shelving, defined as shelving that is hung
on the wall and does not stand on, or transfer load to, the floor.
The addition of a wall bracket or other device to attach otherwise
freestanding subject merchandise to a wall does not meet the terms
of this exclusion;
wire shelving units, which consist of shelves made from
wire that incorporates both a wire deck and wire horizontal supports
(taking the place of the horizontal beams and braces) into a single
piece with tubular collars that slide over the posts and onto
plastic sleeves snapped on the posts to create the finished shelving
unit;
bulk-packed parts or components of boltless steel
shelving units; and
made-to-order shelving systems.
Subject boltless steel shelving enters the United States through
Harmonized Tariff Schedule of the United States (HTSUS) statistical
subheading 9403.20.0075. While the HTSUS subheading is provided for
convenience and customs purposes, the description of the scope of
this investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. Application of Facts Available
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2023-26229 Filed 11-28-23; 8:45 am]
BILLING CODE 3510-DS-P
