Boltless Steel Shelving Units Prepackaged for Sale From India: Preliminary Negative Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 83395-83397 [2023-26233]
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Federal Register / Vol. 88, No. 228 / Wednesday, November 29, 2023 / Notices
AD order on silicon metal from China.1
On May 1, 2023, the ITC instituted,2 and
Commerce initiated,3 the fifth sunset
review of the Order, pursuant to section
751(c) of the Tariff Act of 1930, as
amended (the Act). As a result of its
review, Commerce determined that
revocation of the Order would likely
lead to continuation or recurrence of
dumping and therefore, notified the ITC
of the magnitude of the margins of
dumping likely to prevail should the
Order be revoked.4
On November 17, 2023, the ITC
published its determination in the
Federal Register, pursuant to sections
751(c) and 752(a) of the Act, that
revocation of the Order would likely
lead to continuation or recurrence of
material injury to an industry in the
United States within a reasonably
foreseeable time.5
Scope of the Order
The merchandise covered by the
Order is silicon metal containing at least
96.00 percent, but less than 99.99
percent of silicon by weight. Also
covered by the Order is silicon metal
containing between 89.00 and 96.00
percent silicon by weight but which
contains a higher aluminum content
than the silicon metal containing at least
96.00 percent but less than 99.99
percent silicon by weight (58 FR 27542,
May 10, 1993). Silicon metal is
currently provided for under
subheadings 2804.69.10 and 2804.69.50
of the Harmonized Tariff Schedule of
the United States (HTSUS) as a
chemical product, but is commonly
referred to as a metal. Semiconductorgrade silicon (silicon metal containing
by weight not less than 99.99 percent of
silicon and provided for in subheading
2804.61.00 of the HTSUS) is not subject
to this Order. Although the HTSUS
numbers are provided for convenience
and customs purposes, the written
description remains dispositive.
ddrumheller on DSK120RN23PROD with NOTICES1
Continuation of the Order
As a result of the determinations by
Commerce and the ITC that revocation
of the Order would likely lead to
1 See Antidumping Duty Order: Silicon Metal
from the People’s Republic of China, 56 FR 26649
(June 10, 1991) (Order).
2 See Silicon Metal from China; Institution of a
Five-Year Review, 88 FR 26595 (May 1, 2023).
3 See Initiation of Five-Year (Sunset) Reviews, 88
FR 26522 (May 1, 2023).
4 See Silicon Metal from the People’s Republic of
China: Final Results of the Expedited Fifth Sunset
Review of the Antidumping Duty Order, 88 FR
63933 (September 18, 2023), and accompanying
Issues and Decision Memorandum.
5 See Silicon Metal From China; Determination,
88 FR 80335 (November 17, 2023) (ITC Final
Determination).
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continuation or recurrence of dumping
and material injury to an industry in the
United States, pursuant to section
751(d)(2) of the Act and 19 CFR
351.218(a), Commerce hereby orders the
continuation of the Order. U.S. Customs
and Border Protection will continue to
collect AD cash deposits at the rates in
effect at the time of entry for all imports
of subject merchandise.
The effective date of the continuation
of the Order is November 17, 2023.6
Pursuant to section 751(c)(2) of the Act
and 19 CFR 351.218(c)(2), Commerce
intends to initiate the next five-year
review of the Order not later than 30
days prior to the fifth anniversary of the
date of the last determination by the ITC
to continue the Order.
Administrative Protective Order (APO)
This notice serves as a final reminder
to parties subject to an APO of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
violation which is subject to sanction.
Notification to Interested Parties
This five-year sunset review is in
accordance with sections 751(c) and
751(d)(2) of the Act and this notice is
published pursuant to section 777(i) of
the Act, and 19 CFR 351.218(f)(4).
Dated: November 22, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2023–26237 Filed 11–28–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–914]
Boltless Steel Shelving Units
Prepackaged for Sale From India:
Preliminary Negative Determination of
Sales at Less Than Fair Value and
Postponement of Final Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
AGENCY:
6 See
PO 00000
ITC Final Determination.
Frm 00018
Fmt 4703
Sfmt 4703
83395
determines that boltless steel shelving
units prepackaged for sale (boltless steel
shelving) from India are not being, or
not 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:
Andrew Huston, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4261.
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 and the revised deadline is
now 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.
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 Investigation, 88 FR 32188
(May 19, 2023) (Initiation Notice).
2 See Boltless Steel Shelving Units Prepackaged
for Sales from India, Malaysia, Taiwan, Thailand
and the Socialist Republic of Vietnam:
Postponement of Preliminary Determinations in
Less-than-Fair-Value Investigations, 88 FR 63063
(September 14, 2023).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Negative Determination in the LessThan-Fair-Value Investigation of Boltless Steel
Shelving Units Prepackaged for Sale from India,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
E:\FR\FM\29NON1.SGM
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83396
Federal Register / Vol. 88, No. 228 / Wednesday, November 29, 2023 / Notices
Scope of the Investigation
The product covered by this
investigation is boltless steel shelving
from India. 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 is
preliminarily modifying 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 (NV) 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.
Preliminary Determination
For the period April 1, 2022, through
March 31, 2023, Commerce
preliminarily determines that the
following estimated weighted-average
dumping margin exists:
ddrumheller on DSK120RN23PROD with NOTICES1
Exporter/producer
Triune Technofab Private
Limited ...............................
Estimated
weightedaverage
dumping
margin
(percent)
0.00
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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Consistent with section 733(b)(3) of
the Act, Commerce disregards de
minimis rates. Accordingly, Commerce
preliminarily determines that Triune
Technofab Private Limited, the
company selected as a mandatory
respondent, has not made sales of
subject merchandise at LTFV.
Consistent with section 733(d) of the
Act, Commerce has not calculated an
estimated weighted-average dumping
margin for all other producers and
exporters because it has not made an
affirmative preliminary determination of
sales at LTFV.
Suspension of Liquidation
Because Commerce has made a
negative preliminary determination of
sales at LTFV with regard to subject
merchandise, Commerce will not direct
U.S. Customs and Border Protection to
suspend liquidation or to require a cash
deposit of estimated antidumping duties
for entries of boltless steel shelving from
India.
Disclosure
Commerce intends to disclose to
interested parties the calculations
performed in connection with this
preliminary determination 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.7 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
7 Case briefs and rebuttal briefs submitted in
response to this preliminary LTFV determination
should not include scope-related issues. See
Preliminary Scope Decision 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).
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
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
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 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
Section 735(a)(2)(B) 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.
On November 3, 2023, pursuant to 19
CFR 351.210(e), Edsal Manufacturing
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.
E:\FR\FM\29NON1.SGM
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Federal Register / Vol. 88, No. 228 / Wednesday, November 29, 2023 / Notices
Co., Inc. (the petitioner) requested that
Commerce postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.12 In accordance with
section 735(a)(2)(B) of the Act and 19
CFR 351.210(b)(2)(i), because: (1) the
preliminary determination is negative;
(2) the petitioner has requested the
postponement of the final
determination; and (3) no compelling
reasons for denial exist, Commerce is
postponing the final determination.
Because we have preliminarily
determined that sales of subject
merchandise are not being sold at less
than fair value, provisional measures are
not being applied to imports of subject
merchandise pursuant to section 733(d)
of the Act. Accordingly, Commerce’s
final determination will be issued 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 75 days after the
final determination whether imports of
boltless steel shelving from India 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.
ddrumheller on DSK120RN23PROD with NOTICES1
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
12 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
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
Schedule of the United States (HTSUS)
PO 00000
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Fmt 4703
Sfmt 4703
83397
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. 2023–26233 Filed 11–28–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–428–850]
Thermal Paper From the Republic of
Germany: 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 certain producers/
exporters subject to this administrative
review made sales of subject
merchandise at less than normal value
(NV) during the period of review (POR)
of May 12, 2021, through October 31,
2022. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable November 29, 2023.
FOR FURTHER INFORMATION CONTACT:
Ashley Cossaart, AD/CVD Operations,
Office IX, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0462.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On November 22, 2021, Commerce
published in the Federal Register the
antidumping duty order on thermal
paper from the Republic of Germany
(Germany).1 On November 1, 2022,
Commerce published in the Federal
Register a notice of opportunity to
request an administrative review of the
Order for the POR.2 On January 3, 2023,
1 See Thermal Paper from Germany, Japan, the
Republic of Korea, and Spain: Antidumping Duty
Orders, 86 FR 66284 (November 22, 2021) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation Opportunity to
E:\FR\FM\29NON1.SGM
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29NON1
]]>Agencies
[Federal Register Volume 88, Number 228 (Wednesday, November 29, 2023)]
[Notices]
[Pages 83395-83397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26233]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-914]
Boltless Steel Shelving Units Prepackaged for Sale From India:
Preliminary Negative Determination of Sales at Less Than Fair Value and
Postponement of Final Determination
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 India are not being, or not 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: Andrew Huston, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4261.
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 and the revised deadline is now
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 Investigation, 88 FR
32188 (May 19, 2023) (Initiation Notice).
\2\ See Boltless Steel Shelving Units Prepackaged for Sales from
India, Malaysia, Taiwan, Thailand and the Socialist Republic of
Vietnam: Postponement of Preliminary Determinations in 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
Negative Determination in the Less-Than-Fair-Value Investigation of
Boltless Steel Shelving Units Prepackaged for Sale from India,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
[[Page 83396]]
Scope of the Investigation
The product covered by this investigation is boltless steel
shelving from India. 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 is
preliminarily modifying 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.
---------------------------------------------------------------------------
\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. Commerce has calculated export prices in
accordance with section 772(a) of the Act. Normal value (NV) 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.
Preliminary Determination
For the period April 1, 2022, through March 31, 2023, Commerce
preliminarily determines that the following estimated weighted-average
dumping margin exists:
------------------------------------------------------------------------
Estimated
weighted-
Exporter/producer average dumping
margin
(percent)
------------------------------------------------------------------------
Triune Technofab Private Limited....................... 0.00
------------------------------------------------------------------------
Consistent with section 733(b)(3) of the Act, Commerce disregards
de minimis rates. Accordingly, Commerce preliminarily determines that
Triune Technofab Private Limited, the company selected as a mandatory
respondent, has not made sales of subject merchandise at LTFV.
Consistent with section 733(d) of the Act, Commerce has not
calculated an estimated weighted-average dumping margin for all other
producers and exporters because it has not made an affirmative
preliminary determination of sales at LTFV.
Suspension of Liquidation
Because Commerce has made a negative preliminary determination of
sales at LTFV with regard to subject merchandise, Commerce will not
direct U.S. Customs and Border Protection to suspend liquidation or to
require a cash deposit of estimated antidumping duties for entries of
boltless steel shelving from India.
Disclosure
Commerce intends to disclose to interested parties the calculations
performed in connection with this preliminary determination 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.\7\ 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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\7\ Case briefs and rebuttal briefs submitted in response to
this preliminary LTFV determination should not include scope-related
issues. See Preliminary Scope Decision 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).
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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 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 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
Section 735(a)(2)(B) 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.
On November 3, 2023, pursuant to 19 CFR 351.210(e), Edsal
Manufacturing
[[Page 83397]]
Co., Inc. (the petitioner) requested that Commerce postpone the final
determination and that provisional measures be extended to a period not
to exceed six months.\12\ In accordance with section 735(a)(2)(B) of
the Act and 19 CFR 351.210(b)(2)(i), because: (1) the preliminary
determination is negative; (2) the petitioner has requested the
postponement of the final determination; and (3) no compelling reasons
for denial exist, Commerce is postponing the final determination.
Because we have preliminarily determined that sales of subject
merchandise are not being sold at less than fair value, provisional
measures are not being applied to imports of subject merchandise
pursuant to section 733(d) of the Act. 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 Petitioner's Letter, ``Petitioner's Request for
Postponement of Final Determination,'' dated November 3, 2023.
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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 75 days after the final determination whether imports of
boltless steel shelving from India 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 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 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. 2023-26233 Filed 11-28-23; 8:45 am]
BILLING CODE 3510-DS-P
