Boltless Steel Shelving Units Prepackaged for Sale From Thailand: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 83389-83392 [2023-26230]
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ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 228 / Wednesday, November 29, 2023 / Notices
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
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Schedule of the United States (HTSUS)
statistical subheading 9403.20.0075. While
the HTSUS subheading is provided for
convenience and customs purposes, the
written description of the scope of 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 and Use of
Adverse Inference
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2023–26232 Filed 11–28–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–846]
Boltless Steel Shelving Units
Prepackaged for Sale From Thailand:
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.
AGENCY:
The U.S. Department of
Commerce (Commerce) preliminarily
determines that boltless steel shelving
units prepackaged for sale (boltless steel
shelving) from Thailand 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.
SUMMARY:
DATES:
Applicable November 29, 2023.
Fred
Baker, AD/CVD Operations, Office VI,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: 202–482–6274.
FOR FURTHER INFORMATION CONTACT:
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
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83389
on May 19, 2023.1 On September 14,
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
units from Thailand. 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
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).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination in the
Less-Than-Fair-Value Investigation of Boltless Steel
Shelving Units Prepackaged for Sale from
Thailand,’’ 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
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
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. Commerce has
calculated export prices in accordance
with section 772(a) of the Act. Normal
value is calculated in accordance with
section 773 of the Act. For a full
description of the methodology
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. For this
preliminary determination, Commerce
calculated estimated weighted-average
dumping margins for Bangkok Sheet
and Siam Metal that are not zero, de
minimis, or based entirely on facts
otherwise available. Commerce
calculated the all-others rate using a
weighted average of the estimated
weighted-average dumping margins
calculated for the examined respondents
using each company’s publicly-ranged
values for the merchandise under
consideration.7
Preliminary Determination of the
Investigation
For the period April 1, 2022, through
March 31, 2023, Commerce
preliminarily determines that the
following estimated weighted-average
dumping margins exist:
Weightedaverage
dumping
margin
(percent)
Exporter
Producer
Bangkok Sheet Metal Public Co. (Bangkok Sheet Metal) .........
Siam Metal Tech Co., Ltd. (Siam Metal Tech) ..........................
All-others rate .............................................................................
Bangkok Sheet Metal Public Co. (Bangkok Sheet Metal) .........
Siam Metal Tech Co., Ltd. (Siam Metal Tech) ..........................
All-other Thai producers/exporters, not selected .......................
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 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. 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 allothers rate, as follows: (1) the cash
deposit rate for the respondents listed
above will be equal to the companyspecific 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 weightedaverage dumping margin established for
ddrumheller on DSK120RN23PROD with NOTICES1
underlying the preliminary
determination, see the Preliminary
Decision Memorandum.
7 With two respondents under examination,
Commerce normally calculates: (A) a weightedaverage of the estimated weighted-average dumping
margins calculated for the examined respondents;
(B) a simple average of the estimated weightedaverage dumping margins calculated for the
examined respondents; and (C) a weighted-average
of the estimated weighted-average dumping margins
calculated for the examined respondents using each
company’s publicly-ranged U.S. sales values for the
merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate
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2.54
7.58
5.55
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.8 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.9
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.10 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
closest to (A) as the most appropriate rate for all
other producers and exporters. See Ball Bearings
and Parts Thereof from France, Germany, Italy,
Japan, and the United Kingdom: Final Results of
Antidumping Duty Administrative Reviews, Final
Results of Changed-Circumstances Review, and
Revocation of an Order in Part, 75 FR 53661, 53662
(September 1, 2010), and accompanying Issues and
Decision Memorandum at Comment1. As complete
publicly ranged sales data was available, Commerce
based the all-others rate on the publicly ranged
sales data of the mandatory respondents. For a
complete analysis of the data, see the All-Others
Rate Calculation Memorandum.
8 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).
9 See 19 351.309(c)(2) and (d)(2).
10 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
that producer of the subject
merchandise. These suspension of
liquidation instructions will remain in
effect until further notice.
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this preliminary
determination within five days of any
public announcement or, if there is a 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
information relied upon in making its
final determination.
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Federal Register / Vol. 88, No. 228 / Wednesday, November 29, 2023 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
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).11
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 the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, 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.
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
antidumping determination be
accompanied by a request for extension
of provisional measures from a fourmonth period to a period not more than
six months in duration.
On November 1, 2023, the
respondents, Bangkok Sheet and Siam
Metal, requested that Commerce
postpone the final determination and
that provisional measures be extended
to a period not to exceed 135 days.12 On
APO and Service Final Rule.
Bangkok Sheet and Siam Metal’s Letter,
‘‘Request to Extend Final Determination,’’ dated
November 1, 2023.
November 3, 2023, pursuant to 19 CFR
351.210(e), Edsal Manufacturing Co.,
Inc. (the petitioner), also requested that
Commerce postpone the final
determination and that provisional
measures be extended to a period not to
exceed 135 days.13 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 exporters
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’s final
determination will be issued no later
than 135 days after the date of
publication of this preliminary
determination.
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 of sales at
LTFV. 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 of the subject
merchandise 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 include 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
11 See
12 See
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13 See Petitioner’s Letter, ‘‘Petitioner’s Request for
Postponement of Final Determination,’’ dated
November 3, 2023.
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83391
boltless steel shelving unit such that the
extension and the original unit will share
common frame elements (e.g., two posts).
The term ‘‘boltless’’ refers to steel shelving in
which the vertical and horizontal supports
forming the frame are assembled primarily
without the use of nuts and bolts, or screws.
The vertical and horizontal support members
for boltless steel shelving are assembled by
methods such as, but not limited to, fitting
a rivet, punched or cut tab, or other similar
connector on one support into a hole, slot or
similar receptacle on another support. The
supports lock together to form the frame for
the shelving unit, and provide the structural
integrity of the shelving unit separate from
the inclusion of any decking. The incidental
use of nuts and bolts, or screws to add
accessories, wall anchors, tie-bars or shelf
supports does not remove the product from
scope. Boltless steel shelving units may also
come packaged as partially assembled, such
as when two upright supports are welded
together with front-to-back supports, or are
otherwise connected, to form an end unit for
the frame. The boltless steel shelving covered
by these investigations may be commonly
described as rivet shelving, welded frame
shelving, slot and tab shelving, and punched
rivet (quasi-rivet) shelving as well as by other
trade names. The term ‘‘deck’’ refers to the
shelf that sits on or fits into the horizontal
supports (beams or braces) to provide the
horizontal storage surface of the shelving
unit.
The scope includes all boltless steel
shelving meeting the description above,
regardless of: (1) vertical support or post type
(including but not limited to open post,
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
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83392
Federal Register / Vol. 88, No. 228 / Wednesday, November 29, 2023 / Notices
Schedule of the United States (HTSUS)
statistical subheading 9403.20.0075. While
the HTSUS subheading is provided for
convenience and customs purposes, the
written description of the scope of 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. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2023–26230 Filed 11–28–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–835]
Boltless Steel Shelving Units
Prepackaged for Sale From the
Socialist Republic of Vietnam:
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 the Socialist Republic of
Vietnam (Vietnam) are being, or are
likely to be, sold in the United States at
less than fair value (LTFV). The period
of investigation (POI) is October 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:
Eliza DeLong or Eric Hawkins, AD/CVD
Operations, Office V, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3878 or (202) 482–1988,
respectively.
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
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
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on May 19, 2023.1 On September 14,
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
discussed 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 Vietnam. 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
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).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination in the
Less-Than-Fair-Value Investigation of Boltless Steel
Shelving Units Prepackaged for Sale from the
Socialist Republic of Vietnam,’’ 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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Decision Memorandum, Commerce
preliminarily did not modify the scope
language as it appeared in the Initiation
Notice. In the Preliminary Scope
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. Commerce has
calculated export prices in accordance
with section 772(a) of the Act. Because
Vietnam is a non-market economy
country, within the meaning of section
771(18) of the Act, Commerce has
calculated normal value in accordance
with section 773(c) of the Act.
Furthermore, pursuant to sections
776(a) and (b) of the Act, Commerce
preliminarily has relied upon facts
otherwise available, with adverse
inferences, to assign a dumping margin
for the Vietnam-wide entity. Further, we
are preliminarily not individually
examining Thanh Phong Production and
Trade Limited Company as a mandatory
respondent because it did not have any
sales of subject merchandise during the
POI. For a full description of the
methodology underlying Commerce’s
preliminary determination, see the
Preliminary Decision Memorandum.
Vietnam-Wide Entity
Commerce finds that two companies,
Cuong Nghia Imp. Exp. and Parkway
Thanh Phong Co., have not established
eligibility for a separate rate and are
considered to be part of the Vietnamwide entity for the preliminary
determination.
Combination Rates
In the Initiation Notice,7 Commerce
stated that it would calculate producer/
exporter combination rates for the
respondents that are eligible for a
separate rate in this investigation. Policy
Bulletin 05.1 describes this practice.8 In
this investigation, we assigned
producer/exporter combination rates for
Xinguang (Vietnam) Logistic Equipment
Co., Ltd (Xinguang Vietnam), i.e., the
sole respondent eligible for a separate
rate.
7 See
Initiation Notice, 88 FR at 32188.
Enforcement and Compliance’s Policy
Bulletin No. 05.1, regarding, ‘‘Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market
Economy Countries,’’ (April 5, 2005) (Policy
Bulletin 05.1), available on Commerce’s website at
https://access.trade.gov/Resources/policy/bull051.pdf.
8 See
E:\FR\FM\29NON1.SGM
29NON1
]]>Agencies
[Federal Register Volume 88, Number 228 (Wednesday, November 29, 2023)]
[Notices]
[Pages 83389-83392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26230]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-846]
Boltless Steel Shelving Units Prepackaged for Sale From Thailand:
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 Thailand 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: Fred Baker, AD/CVD Operations, Office
VI, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: 202-482-6274.
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\
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\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).
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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.
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\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Boltless Steel Shelving Units Prepackaged for Sale from
Thailand,'' 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 units from Thailand. 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
[[Page 83390]]
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 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.
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\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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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated export prices in
accordance with section 772(a) of the Act. Normal value is calculated
in accordance with section 773 of the Act. 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. For this preliminary determination, Commerce
calculated estimated weighted-average dumping margins for Bangkok Sheet
and Siam Metal that are not zero, de minimis, or based entirely on
facts otherwise available. Commerce calculated the all-others rate
using a weighted average of the estimated weighted-average dumping
margins calculated for the examined respondents using each company's
publicly-ranged values for the merchandise under consideration.\7\
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\7\ With two respondents under examination, Commerce normally
calculates: (A) a weighted-average of the estimated weighted-average
dumping margins calculated for the examined respondents; (B) a
simple average of the estimated weighted-average dumping margins
calculated for the examined respondents; and (C) a weighted-average
of the estimated weighted-average dumping margins calculated for the
examined respondents using each company's publicly-ranged U.S. sales
values for the merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate closest to (A) as
the most appropriate rate for all other producers and exporters. See
Ball Bearings and Parts Thereof from France, Germany, Italy, Japan,
and the United Kingdom: Final Results of Antidumping Duty
Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53662
(September 1, 2010), and accompanying Issues and Decision Memorandum
at Comment1. As complete publicly ranged sales data was available,
Commerce based the all-others rate on the publicly ranged sales data
of the mandatory respondents. For a complete analysis of the data,
see the All-Others Rate Calculation Memorandum.
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Preliminary Determination of the Investigation
For the period April 1, 2022, through March 31, 2023, Commerce
preliminarily determines that the following estimated weighted-average
dumping margins exist:
------------------------------------------------------------------------
Weighted-
average
Exporter Producer dumping margin
(percent)
------------------------------------------------------------------------
Bangkok Sheet Metal Public Co. Bangkok Sheet Metal 2.54
(Bangkok Sheet Metal). Public Co. (Bangkok
Sheet Metal).
Siam Metal Tech Co., Ltd. (Siam Siam Metal Tech Co., 7.58
Metal Tech). Ltd. (Siam Metal
Tech).
All-others rate................... All-other Thai 5.55
producers/
exporters, not
selected.
------------------------------------------------------------------------
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 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. 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. These suspension of liquidation
instructions will remain in effect until further notice.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any public announcement or, if there is a 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 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.\8\ 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.\9\
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\8\ 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).
\9\ 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.\10\
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
[[Page 83391]]
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).\11\
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\10\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\11\ 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 the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, 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.
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 antidumping
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 1, 2023, the respondents, Bangkok Sheet and Siam Metal,
requested that Commerce postpone the final determination and that
provisional measures be extended to a period not to exceed 135
days.\12\ On November 3, 2023, pursuant to 19 CFR 351.210(e), Edsal
Manufacturing Co., Inc. (the petitioner), also requested that Commerce
postpone the final determination and that provisional measures be
extended to a period not to exceed 135 days.\13\ 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
exporters 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's final determination will be
issued no later than 135 days after the date of publication of this
preliminary determination.
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\12\ See Bangkok Sheet and Siam Metal's Letter, ``Request to
Extend Final Determination,'' dated November 1, 2023.
\13\ See Petitioner's Letter, ``Petitioner's Request for
Postponement of Final Determination,'' dated November 3, 2023.
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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 of sales at LTFV. 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 of the subject merchandise 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 include add-on kits. Add-on kits include, but are not limited
to, kits that allow the end-user to add an extension shelving unit
onto an existing boltless steel shelving unit such that the
extension and the original unit will share common frame elements
(e.g., two posts). The term ``boltless'' refers to steel shelving in
which the vertical and horizontal supports forming the frame are
assembled primarily without the use of nuts and bolts, or screws.
The vertical and horizontal support members for boltless steel
shelving are assembled by methods such as, but not limited to,
fitting a rivet, punched or cut tab, or other similar connector on
one support into a hole, slot or similar receptacle on another
support. The supports lock together to form the frame for the
shelving unit, and provide the structural integrity of the shelving
unit separate from the inclusion of any decking. The incidental use
of nuts and bolts, or screws to add accessories, wall anchors, tie-
bars or shelf supports does not remove the product from scope.
Boltless steel shelving units may also come packaged as partially
assembled, such as when two upright supports are welded together
with front-to-back supports, or are otherwise connected, to form an
end unit for the frame. The boltless steel shelving covered by these
investigations may be commonly described as rivet shelving, welded
frame shelving, slot and tab shelving, and punched rivet (quasi-
rivet) shelving as well as by other trade names. The term ``deck''
refers to the shelf that sits on or fits into the horizontal
supports (beams or braces) to provide the horizontal storage surface
of the shelving unit.
The scope includes all boltless steel shelving meeting the
description above, regardless of: (1) vertical support or post type
(including but not limited to open post, 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
[[Page 83392]]
Schedule of the United States (HTSUS) statistical subheading
9403.20.0075. While the HTSUS subheading is provided for convenience
and customs purposes, the written description of the scope of 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. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2023-26230 Filed 11-28-23; 8:45 am]
BILLING CODE 3510-DS-P
