Certain Metal Lockers and Parts Thereof From the People's Republic of China: Initiation and Preliminary Results of Changed Circumstances Reviews, and Intent To Revoke the Antidumping and Countervailing Duty Orders, in Part, 14432-14438 [2024-03945]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 89, Number 39 (Tuesday, February 27, 2024)]
[Notices]
[Pages 14432-14438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03945]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-133, C-570-134]


Certain Metal Lockers and Parts Thereof From the People's 
Republic of China: Initiation and Preliminary Results of Changed 
Circumstances Reviews, and Intent To Revoke the Antidumping and 
Countervailing Duty Orders, in Part

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) is initiating and 
issuing preliminary results of changed

[[Page 14433]]

circumstances reviews (CCR) of the antidumping duty (AD) and 
countervailing duty (CVD) orders on certain metal lockers and parts 
thereof (metal lockers) from the People's Republic of China (China), to 
revoke the orders, in part, with respect to certain metal safes. 
Interested parties are invited to comment on these preliminary results.

DATES: Applicable February 27, 2024.

FOR FURTHER INFORMATION CONTACT: Matthew Palmer, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1678.

SUPPLEMENTARY INFORMATION:

Background

    On August 20, 2021, Commerce published the AD and CVD orders on 
metal lockers from China.\1\ On January 16, 2024, SA Consumer Products 
(SA) and Academy, Ltd. (doing business as Academy Sports + Outdoors) 
(Academy), requested, through a CCR request, that Commerce amend the 
scope of, and retroactively revoke the Orders, in part, pursuant to 
section 751(b) of the Tariff Act of 1930, as amended (the Act), 19 CFR 
351.216, and 19 CFR 351.221(c)(3)(ii).\2\ SA and Academy stated that 
they qualify as importers of certain metal safes currently subject to 
duties and, as such, are interested parties pursuant to section 
771(9)(A) of the Act and 19 CFR 351.102(b)(29)(ii).\3\
---------------------------------------------------------------------------

    \1\ See Certain Metal Lockers and Parts Thereof from the 
People's Republic of China: Antidumping and Countervailing Duty 
Orders, 86 FR 46826 (August 20, 2021) (Orders).
    \2\ See SA and Academy's Letter, ``Request for an Expedited 
Changed Circumstances Review to Amend the Scope of the Orders,'' 
dated January 16, 2024 (SA and Academy's CCR Request).
    \3\ Id. at 2; see also Academy, Ltd.'s APO Supporting 
Documents,'' dated February 7, 2024 at Attachment 1.
---------------------------------------------------------------------------

    On January 31, 2024, List Industries, Inc. (List) and Tennsco LLC 
(Tennsco) (collectively, petitioners), the petitioners in the original 
investigations leading to the Orders, filed comments in support of 
amending the scope of the Orders to exclude certain metal safes as 
defined in SA and Academy's proposed scope language.\4\ The petitioners 
otherwise oppose any amendment to the safe exclusion beyond the 
language proposed by SA and Academy.\5\ The Petitioners' Comments 
include additional letters of support from the domestic industry,\6\ 
and furthermore, demonstrate that the existing support represents 
substantially all of the production of the domestic like product.\7\
---------------------------------------------------------------------------

    \4\ See Petitioners' Letter, ``Response to Request for an 
Expedited Changed Circumstances Review to Amend the Scope of the 
Orders,'' dated January 31, 2024 (Petitioners' Comments) (citing SA 
and Academy's CCR Request).
    \5\ Id. (citing SA and Academy's CCR Request at 2).
    \6\ See Petitioners' Comments at 3 and Attachment 1; see also 
Petitioners' Letter, ``Petitioners' Response to First Supplemental 
Questionnaire,'' dated February 7, 2024 (Petitioners' First 
Supplemental Response).
    \7\ See Petitioners' First Supplemental Response at 3 and 
Attachment 1; and Petitioner's Letter, ``Petitioners' Submission of 
Amended Domestic Industry Form,'' dated February 13, 2024.
---------------------------------------------------------------------------

Scope of the Orders

    The scope of the Orders covers certain metal lockers, with or 
without doors, and parts thereof (metal lockers). The subject metal 
lockers are secure metal storage devices less than 27 inches wide and 
less than 27 inches deep, whether floor standing, installed onto a base 
or wall-mounted. In a multiple locker assembly (whether a welded locker 
unit, otherwise assembled locker unit or knocked down unit or kit), the 
width measurement shall be based on the width of an individual locker 
not the overall unit dimensions. All measurements in this scope are 
based on actual measurements taken on the outside dimensions of the 
single-locker unit. The height is the vertical measurement from the 
bottom to the top of the unit. The width is the horizontal (side to 
side) measurement of the front of the unit, and the front of the unit 
is the face with the door or doors or the opening for internal access 
of the unit if configured without a door. The depth is the measurement 
from the front to the back of the unit. The subject certain metal 
lockers typically include the bodies (back, side, shelf, top and bottom 
panels), door frames with or without doors which can be integrated into 
the sides or made separately, and doors.
    The subject metal lockers typically are made of flat-rolled metal, 
metal mesh and/or expanded metal, which includes but is not limited to 
alloy or non-alloy steel (whether or not galvanized or otherwise 
metallically coated for corrosion resistance), stainless steel, or 
aluminum, but the doors may also include transparent polycarbonate, 
Plexiglas or similar transparent material or any combination thereof. 
Metal mesh refers to both wire mesh and expanded metal mesh. Wire mesh 
is a wire product in which the horizontal and transverse wires are 
welded at the cross-section in a grid pattern. Expanded metal mesh is 
made by slitting and stretching metal sheets to make a screen of 
diamond or other shaped openings.
    Where the product has doors, the doors are typically configured 
with or for a handle or other device or other means that permit the use 
of a mechanical or electronic lock or locking mechanism, including, but 
not limited to: a combination lock, a padlock, a key lock, (including 
cylinder type key locks) lever or knob lock, electronic key pad, other 
electronic or and a wireless lock. The handle and locking mechanism, if 
included, need not be integrated into one another. The subject locker 
may or may not also enter with the lock or locking device included or 
installed. If entered with a lock, the lock itself is not in-scope 
merchandise. The doors or body panels may also include vents (including 
wire mesh or expanded metal mesh vents) or perforations. The bodies, 
body components and doors are typically powder coated, otherwise 
painted or epoxy coated or may be unpainted. The subject merchandise 
includes metal lockers imported either as welded or otherwise assembled 
units (ready for installation or use) or as knocked down units or kits 
(requiring assembly prior to installation or use).
    The subject lockers may be shipped as individual or multiple locker 
units preassembled, welded, or combined into banks or tiers for ease of 
installation or as sets of component parts, bulk packed (i.e., all 
backs in one package, crate, rack, carton or container and sides in 
another package, crate, rack, carton or container) or any combination 
thereof. The knocked down lockers are shipped unassembled requiring a 
supplier, contractor or end-user to assemble the individual lockers and 
locker banks prior to installation.
    The scope also includes all parts and components of lockers made 
from flat-rolled metal or expanded metal (e.g., doors, frames, shelves, 
tops, bottoms, backs, side panels, etc.) as well as accessories that 
are attached to the lockers when installed (including, but not limited 
to, slope tops, bases, expansion filler panels, dividers, recess trim, 
decorative end panels, and end caps) that may be imported together with 
lockers or other locker components or on their own. The particular 
accessories listed for illustrative purposes are defined as follows:
    a. Slope tops: Slope tops are slanted metal panels or units that 
fit on the tops of the lockers and that slope from back to front to 
prevent the accumulation of dust and debris on top of the locker and to 
discourage the use of the tops of lockers as storage areas. Slope tops 
come in various configurations including, but not limited to, unit 
slope tops (in place of flat tops), slope hoods made of a back, top and 
end pieces

[[Page 14434]]

which fit over multiple units and convert flat tops to a sloping tops, 
and slope top kits that convert flat tops to sloping tops and include 
tops, backs and ends.
    b. Bases: Locker bases are panels made from flat-rolled metal that 
either conceal the legs of the locker unit, or for lockers without 
legs, provide a toe space in the front of the locker and conceal the 
flanges for floor anchoring.
    c. Expansion filler panel: Expansion filler panels or fillers are 
metal panels that attach to locker units to cover columns, pipes or 
other obstacles in a row of lockers or fill in gaps between the locker 
and the wall. Fillers may also include metal panels that are used on 
the sides or the top of the lockers to fill gaps.
    d. Dividers: Dividers are metal panels that divide the space within 
a locker unit into different storage areas.
    e. Recess trim: Recess trim is a narrow metal trim that bridges the 
gap between lockers and walls or soffits when lockers are recessed into 
a wall.
    f. Decorative end panels: End panels fit onto the exposed ends of 
locker units to cover holes, bolts, nuts, screws and other fasteners. 
They typically are painted to match the lockers.
    g. End caps: End caps fit onto the exposed ends of locker units to 
cover holes, bolts, nuts, screws and other fasteners.
    The scope also includes all hardware for assembly and installation 
of the lockers and locker banks that are imported with or shipped, 
invoiced, or sold with the imported locker or locker system except the 
lock.
    Excluded from the scope are wire mesh lockers. Wire mesh lockers 
are those with each of the following characteristics:
    (1) at least three sides, including the door, made from wire mesh;
    (2) the width and depth each exceed 25 inches; and
    (3) the height exceeds 90 inches.
    Also excluded are lockers with bodies made entirely of plastic, 
wood or any nonmetallic material.
    Also excluded are exchange lockers with multiple individual locking 
doors mounted on one master locking door to access multiple units. 
Excluded exchange lockers have multiple individual storage spaces, 
typically arranged in tiers, with access doors for each of the multiple 
individual storage space mounted on a single frame that can be swung 
open to allow access to all of the individual storage spaces at once. 
For example, uniform or garment exchange lockers are designed for the 
distinct function of securely and hygienically exchanging clean and 
soiled uniforms. Thus, excluded exchange lockers are a multi-access 
point locker whereas covered lockers are a single access point locker 
for personal storage. The excluded exchange lockers include assembled 
exchange lockers and those that enter in `knock down' form in which all 
of the parts and components to assemble a completed exchange locker 
unit are packaged together. Parts of exchange lockers are not excluded.
    Also excluded are metal lockers that are imported with an installed 
electronic, internet-enabled locking device that permits communication 
or connection between the locker's locking device and other internet 
connected devices.
    Also excluded are locks and hardware and accessories for assembly 
and installation of the lockers, locker banks and storage systems that 
are separately imported in bulk and are not incorporated into a locker, 
locker system or knocked down kit at the time of importation. Such 
excluded hardware and accessories include but are not limited to locks 
and bulk imported rivets, nuts, bolts, hinges, door handles, door/frame 
latching components, and coat hooks. Accessories of sheet metal, 
including but not limited to end panels, bases, dividers and sloping 
tops, are not excluded accessories.
    Mobile tool chest attachments that meet the physical description 
above are covered by the scope of the Order, unless such attachments 
are covered by the scope of the ongoing proceedings on certain tool 
chests and cabinets from China. If the proceedings on certain tool 
chests and cabinets from China are terminated, the mobile tool chest 
attachments from China will be covered by the scope of this proceeding.
    The scope also excludes metal safes with each of the following 
characteristics: (1) pry resistant, concealed hinges; (2) body walls 
and doors of steel that are at least 17 gauge (0.05625 inch or 1.42874 
mm thick); and (3) an integrated locking mechanism that includes at 
least two round steel bolts 0.75 inch (19 mm) or larger in diameter; or 
three bolts 0.70 inch (17.78 mm) or more in diameter; or four or more 
bolts at least 0.60 inch (15.24 mm) or more in diameter, that project 
from the door into the body or frame of the safe when in the locked 
position.
    The scope also excludes gun safes meeting each of the following 
requirements:
    (1) Shall be able to fully contain firearms and provide for their 
secure storage.
    (2) Shall have a locking system consisting of at minimum a 
mechanical or electronic combination lock. The mechanical or electronic 
combination lock utilized by the safe shall have at least 10,000 
possible combinations consisting of a minimum three numbers, letters, 
or symbols. The lock shall be protected by a casehardened (Rc 60+) 
drill-resistant steel plate, or drill-resistant material of equivalent 
strength.
    (3) Boltwork shall consist of a minimum of three steel locking 
bolts of at least 1/2-inch thickness that intrude from the door of the 
safe into the body of the safe or from the body of the safe into the 
door of the safe, which are operated by a separate handle and secured 
by the lock.
    (4) The exterior walls shall be constructed of a minimum 12-gauge 
thick steel for a single-walled safe, or the sum of the steel walls 
shall add up to at least 0.100 inches for safes with walls made from 
two pieces of flat-rolled steel.
    (5) Doors shall be constructed of a minimum one layer of 7-gauge 
steel plate reinforced construction or at least two layers of a minimum 
12-gauge steel compound construction.
    (6) Door hinges shall be protected to prevent the removal of the 
door. Protective features include, but are not limited to: hinges not 
exposed to the outside, interlocking door designs, dead bars, jeweler's 
lugs and active or inactive locking bolts.
    The scope also excludes gun safes meeting each of the following 
requirements:
    (1) Shall be able to fully contain firearms and provide for their 
secure storage.
    (2) Shall have a locking system consisting of at minimum a 
mechanical or electronic combination lock with a lock body that is 
integrated into the door of the safe. The mechanical or electronic 
combination lock utilized by the safe shall have at least 10,000 
possible combinations consisting of a minimum three numbers, letters, 
or symbols.
    (3) Bolt work shall consist of a minimum of three steel locking 
bolts of at least 1/2-inch diameter that intrude from the door of the 
safe into the body of the safe or from the body of the safe into the 
door of the safe, which are operated by a separate handle and secured 
by the lock.
    (4) The exterior walls (inclusive of the floor and top) shall be 
constructed of a minimum 14-gauge thick steel and shall be lined with 
one or more layers of fire-retardant gypsum board bonded, affixed with 
brackets or otherwise securely attached to the exterior walls. The fire 
retardant gypsum board shall be at least 15 mm in thickness for a 
single layer or

[[Page 14435]]

shall sum to at least 19 mm in thickness where multiple layers are 
combined together.
    (5) Doors shall be constructed of a minimum of one layer of 14-
gauge steel lined with a minimum of one layer of 15 mm thick, fire-
retardant gypsum board bonded, affixed with brackets or otherwise 
securely attached to the door. The doors shall fit into jambs equipped 
with a fire seal fitted completely around the door frame consisting of 
a hydrated sodium silicate encapsulated in a plastic film or sleeve 
that, when heat-activated by temperatures of over 210 degrees, expands 
to cover the space between the jambs and door, providing a barrier to 
prevent the intrusion of flames, gas, or smoke into the safe.
    (6) Door hinges shall be protected to prevent the removal of the 
door. Protective features include but are not limited to: hinges not 
exposed to the outside, interlocking door designs, dead bars, jeweler's 
lugs and active or inactive locking bolts.
    (7) The excluded safe must be imported in the fully assembled 
condition.
    The scope also excludes metal storage devices that (1) have two or 
more exterior exposed drawers regardless of the height of the unit, or 
(2) are no more than 30 inches tall and have at least one exterior 
exposed drawer.
    Also excluded from the scope are free standing metal cabinets less 
than 30 inches tall with a single opening, single door and an installed 
tabletop.
    The scope also excludes metal storage devices less than 27 inches 
wide and deep that: (1) have two doors hinged on the right and left 
side of the door frame respectively covering a single opening and that 
open from the middle toward the outer frame; or (2) are free standing 
or wall-mounted, single-opening units 20 inches or less high with a 
single door.
    The subject certain metal lockers are classified under Harmonized 
Tariff Schedule of the United States (HTSUS) subheading 9403.20.0078. 
Parts of subject certain metal lockers are classified under HTSUS 
subheading 9403.90.8041. In addition, subject certain metal lockers may 
also enter under HTSUS subheading 9403.20.0050. While HTSUS subheadings 
are provided for convenience and Customs purposes, the written 
description of the scope of this Order is dispositive.

Proposed Revocation of the Orders, in Part

    SA and Academy requested that the Orders be revoked, in part, and 
retroactively,\8\ with respect to certain metal safes, specifically 
requesting that exclusion language be added to the scope, independent 
from the existing metal safe exclusion to further exclude other metal 
safes.\9\ Furthermore, SA and Academy requested that Commerce conduct 
an expedited CCR.\10\ SA/Academy's CCR Request does not seek to amend 
or replace the existing exclusion for metal safes,\11\ but instead 
proposes that Commerce adopt new exclusion language to be added to the 
scope of the Orders as follows: \12\
---------------------------------------------------------------------------

    \8\ See SA and Academy's CCR Request at 13 (requesting to apply 
the revocation retroactively to December 1, 2021).
    \9\ See SA and Academy's CCR Request at 10 and Exhibit 1 
(showing examples of metal safe models that would be excluded if the 
proposed scope amendment is adopted).
    \10\ Id. at 10-11, 13-14 (citing 19 CFR 351.216(e)).
    \11\ Id. at 10.
    \12\ Id. at 11-12 (We note that SA and Academy request that the 
proposed language be added between the existing metal safe and gun 
safe exclusion language in the existing scope of the Orders.)

    The scope also excludes metal safes with each of the following 
characteristics:
    (1) Pry resistant hinges, whether concealed or external. 
External hinges must be accompanied by solid steel inactive bolts 
(minimum 0.75 inch (19 mm) diameter) or plates (minimum 0.177 inch 
(4.5 mm) thickness), welded or bolted to the door and protrude into 
the safe and into or behind the door frame by at least 0.39 inches 
(10 mm) to prevent the physical removal or opening of the door;
    (2) body walls and doors made of steel that is at least 17 gauge 
(0.05625 inch or 1.42874 mm thick);
    (3) an integrated locking mechanism that includes one of the 
following: (a) at least two round steel active bolts 0.75 inch (19 
mm) or larger in diameter; (b) three or more steel active bolts 0.70 
inch (17.78 mm) or more in diameter; (c) four or more steel active 
bolts at least 0.60 inch (15.24 mm) or more in diameter; or (d) four 
or more flat steel locking plates (at least two active and two 
inactive) of a minimum of 0.177 inch (4.5 mm) in thickness and 
minimum height of 1.57 inches (40 mm), that extend out from the door 
by at least 0.78 inches (20 mm). The bolts or plates must project 
from the door, into the safe, and into or behind the door frame by 
at least 0.39 inches (10 mm) to prevent the physical removal or 
opening of the door; and
    (4) made of a welded body construction and enter the United 
States fully assembled.

    For a complete description of the proposed scope of these Orders, 
see the appendix to this notice.

Initiation of CCRs

    Pursuant to section 751(b)(1) of the Act, Commerce will conduct a 
CCR upon receipt of a request from an interested party that shows 
changed circumstances sufficient to warrant a review of the Orders. In 
accordance with 19 CFR 351.216(d), Commerce determines that the 
information submitted by SA and Academy, along with substantially all 
of the domestic industry's support, shows changed circumstances 
sufficient to warrant a review of the Orders.
    Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide 
that Commerce may revoke an order (in whole or in part) if it 
determines that producers accounting for substantially all of the 
production of the domestic like product have expressed a lack of 
interest in the order, in whole or in part. In its administrative 
practice, Commerce has interpreted ``substantially all'' to mean 
producers accounting for at least 85 percent of the total U.S. 
production of the domestic like product covered by the order.\13\
---------------------------------------------------------------------------

    \13\ See, e.g., Certain Cased Pencils from the People's Republic 
of China: Initiation and Preliminary Results of Antidumping Duty 
Changed Circumstances Review, and Intent to Revoke Order in Part, 77 
FR 42276 (July 18, 2012), unchanged in Certain Cased Pencils from 
the People's Republic of China: Final Results of Antidumping Duty 
Changed Circumstances Review, and Determination to Revoke Order, in 
Part, 77 FR 53176 (August 31, 2012).
---------------------------------------------------------------------------

    Furthermore, section 751(b)(4)(B) of the Act states that, ``in the 
absence of good cause shown,'' the Secretary of Commerce may not review 
a final determination less than 24 months after the date of publication 
of the notice of final determination or notice of suspension of an 
investigation. The final determinations in the less-than-fair-value 
investigation and CVD investigation of metal lockers from China 
published on July 7, 2021.\14\ Therefore, because we are initiating 
this review more than 24 months after July 7, 2021, it is not necessary 
to establish good cause for conducting this review.
---------------------------------------------------------------------------

    \14\ See Certain Metal Lockers and Parts Thereof from the 
People's Republic of China: Final Affirmative Determination of Sales 
at Less Than Fair Value, 86 FR 35737 (July 7, 2021); see also 
Certain Metal Lockers and Parts Thereof from the People's Republic 
of China: Final Affirmative Countervailing Duty Determination, 86 FR 
35741 (July 7, 2021).
---------------------------------------------------------------------------

Preliminary Results of CCRs and Intent To Revoke the Orders, in Part

    Section 351.221(c)(3)(ii) of Commerce's regulations permits 
Commerce to combine the notice of initiation of a CCR and the notice of 
preliminary results if Commerce concludes that expedited action is 
warranted.\15\ In this instance, because

[[Page 14436]]

the record contains information necessary to make a preliminary 
finding, we find that expedited action is warranted and have combined 
the notice of initiation and the notice of preliminary results.\16\
---------------------------------------------------------------------------

    \15\ See 19 CFR 351.221(c)(3)(ii); see also Certain Pasta from 
Italy: Initiation and Preliminary Results of Antidumping Duty 
Changed Circumstances Review, 80 FR 33480, 33480-41 (June 12, 2015) 
(Pasta from Italy Preliminary Results), unchanged in Certain Pasta 
from Italy: Final Results of Changed Circumstances Review, 80 FR 
48807 (August 14, 2015) (Pasta from Italy Final Results).
    \16\ See, e.g., Pasta from Italy Preliminary Results, 80 FR at 
33480-41, unchanged in Pasta from Italy Final Results, 80 FR at 
48807.
---------------------------------------------------------------------------

    Pursuant to section 751(d)(1) of the Act, and 19 CFR 351.222(g), 
Commerce may revoke an AD or CVD order, in whole or in part, based on a 
review under section 751(b) of the Act (i.e., a CCR). Section 751(b)(1) 
of the Act requires a CCR to be conducted upon receipt of a request 
which shows changed circumstances sufficient to warrant a review. 
Section 782(h)(2) of the Act gives Commerce the authority to revoke an 
order if producers accounting for substantially all of the production 
of the domestic like product have expressed a lack of interest in the 
order. Section 351.222(g) of Commerce's regulations provides that 
Commerce will conduct a CCR of an AD or CVD order under 19 CFR 351.216, 
and may revoke an order (in whole or in part), if it concludes that: 
(i) producers accounting for substantially all of the production of the 
domestic like product to which the order pertains have expressed a lack 
of interest in the relief provided by the order, in whole or in part; 
or (ii) if other changed circumstances sufficient to warrant revocation 
exist. Thus, both the Act and Commerce's regulations require that 
``substantially all'' domestic producers express a lack of interest in 
the order for Commerce to revoke the order, in whole or in part.\17\ In 
its administrative practice, Commerce has interpreted ``substantially 
all'' to represent producers accounting for at least 85 percent of U.S. 
production of the domestic like product.\18\
---------------------------------------------------------------------------

    \17\ See section 782(h) of the Act; and 19 CFR 351.222(g).
    \18\ See, e.g., Honey from Argentina: Antidumping and 
Countervailing Duty Changed Circumstances Reviews; Preliminary 
Intent to Revoke Antidumping and Countervailing Duty Orders, 77 FR 
67790, 67791 (November 14, 2012), unchanged in Honey from Argentina: 
Final Results of Antidumping and Countervailing Duty Changed 
Circumstances Reviews; Revocation of Antidumping and Countervailing 
Duty Orders, 77 FR 77029 (December 31, 2012).
---------------------------------------------------------------------------

    As explained above, domestic locker producers accounting for 
greater than 85 percent of the domestic industry have expressed support 
for SA and Academy's CCR Request, which includes support from the 
original petitioners and other domestic locker producers.\19\ 
Substantially all of the domestic industry supports the request for the 
CCRs, or the addition of the specific exclusion language proposed by SA 
and Academy.\20\ Furthermore, substantially all the domestic industry 
supported the application of the proposed exclusion language with 
retroactivity to December 1, 2021.\21\
---------------------------------------------------------------------------

    \19\ See Petitioners' Comments at 2-3 (citing Attachment 1); see 
also Petitioners' First Supplemental Response at 3 and Attachment 1.
    \20\ See Petitioners' Comments at 2 and Exhibit 1.
    \21\ See Id. at Attachment 1; see also Petitioners' First 
Supplemental Response at 3 and Attachment 1.
---------------------------------------------------------------------------

    In addition to attestations of support from substantially all the 
domestic industry,\22\ List and Tennsco state their support, explaining 
``that the scope of the order may be changed to add the new proposed 
safe exclusion language offered by SA and Academy to the scope,'' \23\ 
further stating that they support ``the new metal safe scope exclusion 
retroactive to December 1, 2021.'' \24\ In addition, in the 
Petitioners' Comments, the petitioners explain that they support the 
proposed metal safe exclusion language in addition to the existing 
metal safe exclusion, and not instead of it.\25\ The petitioners 
request that SA and Academy's proposed exclusion language be inserted 
to the existing scope after the current metal safe exclusion, and 
before the existing gun safe exclusion language.\26\
---------------------------------------------------------------------------

    \22\ See Petitioners' Comments at Attachment 1; see also 
Petitioners' First Supplemental Response.
    \23\ See Petitioners' Comments at 2.
    \24\ Id.
    \25\ Id.
    \26\ Id.
---------------------------------------------------------------------------

    In light of the domestic producers' statements of support of 
modifying the Orders, in part, with respect to the addition of 
exclusion language for certain metal safes as described by SA and 
Academy, and in the absence of any other interested party comments 
addressing the issue of domestic industry support, we preliminarily 
conclude that producers accounting for substantially all of the 
production of the domestic like product to which the Orders pertain 
lack interest in the relief provided by the Orders with respect to 
certain metal safes that are the subject of SA and Academy's new 
proposed safe exclusion language. Thus, we preliminarily determine that 
changed circumstances warrant revocation of the Orders, in part, with 
respect to such metal safes as described in SA and Academy's new 
proposed exclusion language, with retroactivity of the revocation back 
to December 1, 2021. Accordingly, we are notifying the public of our 
intent to revoke the Orders, in part, with respect to certain metal 
safes described in the ``Proposed Revocation of the Orders, in Part'' 
section above, with retroactivity of the revocation applying back to 
December 1, 2021.

Public Comment

    In accordance with 19 CFR 351.309(c)(1)(ii), interested parties may 
submit case briefs not later than 14 days after the date of publication 
of this notice.\27\ Rebuttal briefs, limited to issues raised in the 
case briefs, may be filed no later than five days after the due date 
for case briefs.\28\
---------------------------------------------------------------------------

    \27\ Commerce is exercising its discretion under 19 CFR 
351.309(c)(1)(ii) to alter the time limit for the filing of case 
briefs.
    \28\ 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).
---------------------------------------------------------------------------

    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 CCR, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\29\ 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 results in this CCR. 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).\30\ An electronically filed document must be received 
successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the 
day on which it is due.
---------------------------------------------------------------------------

    \29\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \30\ See APO and Service Final Rule.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), any interested party may request a 
hearing within 14 days of publication of this notice in the Federal 
Register.\31\ Hearing requests should contain the following 
information: (1) the party's name, address, and telephone number; (2) 
the number of participants; and (3) a list of the issues to be 
discussed. Oral

[[Page 14437]]

presentations at the hearing will be limited to issues raised in the 
briefs.\32\ If a request for a hearing is made, Commerce intends to 
hold the hearing at a time and date to be determined. Parties should 
confirm the date and the time of the hearing two days before the 
scheduled date.
---------------------------------------------------------------------------

    \31\ Commerce is exercising its discretion under 19 CFR 
351.310(c) to alter the time limit for requesting a hearing.
    \32\ See 19 CFR 351.310(c)
---------------------------------------------------------------------------

Final Results of Review

    Unless extended, consistent with 19 CFR 351.216(e), Commerce 
intends to issue the final results of this CCR no later than 270 days 
after the date on which this review was initiated or 45 days if all 
parties agree to the outcome of the review.

Notification to Interested Parties

    This initiation notice and preliminary results are published in 
accordance with section 751(b)(1) of the Act, 19 CFR 351.221(b)(1) and 
19 CFR 351.221(c)(3)(ii).

    Dated: February 20, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix

Proposed Scope of the Orders

    The scope of the Orders covers certain metal lockers, with or 
without doors, and parts thereof (metal lockers). The subject metal 
lockers are secure metal storage devices less than 27 inches wide 
and less than 27 inches deep, whether floor standing, installed onto 
a base or wall-mounted. In a multiple locker assembly (whether a 
welded locker unit, otherwise assembled locker unit or knocked down 
unit or kit), the width measurement shall be based on the width of 
an individual locker not the overall unit dimensions. All 
measurements in this scope are based on actual measurements taken on 
the outside dimensions of the single-locker unit. The height is the 
vertical measurement from the bottom to the top of the unit. The 
width is the horizontal (side to side) measurement of the front of 
the unit, and the front of the unit is the face with the door or 
doors or the opening for internal access of the unit if configured 
without a door. The depth is the measurement from the front to the 
back of the unit. The subject certain metal lockers typically 
include the bodies (back, side, shelf, top and bottom panels), door 
frames with or without doors which can be integrated into the sides 
or made separately, and doors.
    The subject metal lockers typically are made of flat-rolled 
metal, metal mesh and/or expanded metal, which includes but is not 
limited to alloy or non-alloy steel (whether or not galvanized or 
otherwise metallically coated for corrosion resistance), stainless 
steel, or aluminum, but the doors may also include transparent 
polycarbonate, Plexiglas or similar transparent material or any 
combination thereof. Metal mesh refers to both wire mesh and 
expanded metal mesh. Wire mesh is a wire product in which the 
horizontal and transverse wires are welded at the cross-section in a 
grid pattern. Expanded metal mesh is made by slitting and stretching 
metal sheets to make a screen of diamond or other shaped openings.
    Where the product has doors, the doors are typically configured 
with or for a handle or other device or other means that permit the 
use of a mechanical or electronic lock or locking mechanism, 
including, but not limited to: A combination lock, a padlock, a key 
lock (including cylinder locks) lever or knob lock, electronic key 
pad, or other electronic or wireless lock. The handle and locking 
mechanism, if included, need not be integrated into one another. The 
subject locker may or may not also enter with the lock or locking 
device included or installed. The doors or body panels may also 
include vents (including wire mesh or expanded metal mesh vents) or 
perforations. The bodies, body components and doors are typically 
powder coated, otherwise painted or epoxy coated or may be 
unpainted. The subject merchandise includes metal lockers imported 
either as welded or otherwise assembled units (ready for 
installation or use) or as knocked down units or kits (requiring 
assembly prior to installation or use).
    The subject lockers may be shipped as individual or multiple 
locker units preassembled, welded, or combined into banks or tiers 
for ease of installation or as sets of component parts, bulk packed 
(i.e., all backs in one package, crate, rack, carton or container 
and sides in another package, crate, rack, carton or container) or 
any combination thereof. The knocked down lockers are shipped 
unassembled requiring a supplier, contractor or end-user to assemble 
the individual lockers and locker banks prior to installation.
    The scope also includes all parts and components of lockers made 
from flat-rolled metal or expanded metal (e.g., doors, frames, 
shelves, tops, bottoms, backs, side panels, etc.) as well as 
accessories that are attached to the lockers when installed 
(including, but not limited to, slope tops, bases, expansion filler 
panels, dividers, recess trim, decorative end panels, and end caps) 
that may be imported together with lockers or other locker 
components or on their own. The particular accessories listed for 
illustrative purposes are defined as follows:
    a. Slope tops: Slope tops are slanted metal panels or units that 
fit on the tops of the lockers and that slope from back to front to 
prevent the accumulation of dust and debris on top of the locker and 
to discourage the use of the tops of lockers as storage areas. Slope 
tops come in various configurations including, but not limited to, 
unit slope tops (in place of flat tops), slope hoods made of a back, 
top and end pieces which fit over multiple units and convert flat 
tops to a sloping tops, and slope top kits that convert flat tops to 
sloping tops and include tops, backs and ends.
    b. Bases: Locker bases are panels made from flat-rolled metal 
that either conceal the legs of the locker unit, or for lockers 
without legs, provide a toe space in the front of the locker and 
conceal the flanges for floor anchoring.
    c. Expansion filler panel: Expansion filler panels or fillers 
are metal panels that attach to locker units to cover columns, pipes 
or other obstacles in a row of lockers or fill in gaps between the 
locker and the wall. Fillers may also include metal panels that are 
used on the sides or the top of the lockers to fill gaps.
    d. Dividers: Dividers are metal panels that divide the space 
within a locker unit into different storage areas.
    e. Recess trim: Recess trim is a narrow metal trim that bridges 
the gap between lockers and walls or soffits when lockers are 
recessed into a wall.
    f. Decorative end panels: End panels fit onto the exposed ends 
of locker units to cover holes, bolts, nuts, screws and other 
fasteners. They typically are painted to match the lockers.
    g. End caps: End caps fit onto the exposed ends of locker units 
to cover holes, bolts, nuts, screws and other fasteners.
    The scope also includes all hardware for assembly and 
installation of the lockers and locker banks that are imported with 
or shipped, invoiced, or sold with the imported locker or locker 
system except the lock.
    Excluded from the scope are wire mesh lockers. Wire mesh lockers 
are those with each of the following characteristics:
    (1) At least three sides, including the door, made from wire 
mesh;
    (2) the width and depth each exceed 25 inches; and
    (3) the height exceeds 90 inches.
    Also excluded are lockers with bodies made entirely of plastic, 
wood, or any nonmetallic material.
    Also excluded are exchange lockers with multiple individual 
locking doors mounted on one master locking door to access multiple 
units. Excluded exchange lockers have multiple individual storage 
spaces, typically arranged in tiers, with access doors for each of 
the multiple individual storage space mounted on a single frame that 
can be swung open to allow access to all of the individual storage 
spaces at once. For example, uniform or garment exchange lockers are 
designed for the distinct function of securely and hygienically 
exchanging clean and soiled uniforms. Thus, excluded exchange 
lockers are a multi-access point locker whereas covered lockers are 
a single access point locker for personal storage. The excluded 
exchange lockers include assembled exchange lockers and those that 
enter in `knock down' form in which all of the parts and components 
to assemble a completed exchange locker unit are packaged together. 
Parts for exchange lockers that are imported separately from the 
exchange lockers in `knock down' form are not excluded.
    Also excluded are metal lockers that are imported with an 
installed electronic, internet-enabled locking device that permits 
communication or connection between the locker's locking device and 
other internet connected devices.
    Also excluded are locks and hardware and accessories for 
assembly and installation of

[[Page 14438]]

the lockers, locker banks and storage systems that are separately 
imported in bulk and are not incorporated into a locker, locker 
system or knocked down kit at the time of importation. Such excluded 
hardware and accessories include but are not limited to locks and 
bulk imported rivets, nuts, bolts, hinges, door handles, door/frame 
latching components, and coat hooks. Accessories of sheet metal, 
including but not limited to end panels, bases, dividers and sloping 
tops, are not excluded accessories.
    Mobile tool chest attachments that meet the physical description 
above are covered by the scope of the Orders, unless such 
attachments are covered by the scope of the Orders on certain tool 
chests and cabinets from China. If the Orders on certain tool chests 
and cabinets from China are revoked, the mobile tool chest 
attachments from China will be covered by the scope of the Orders.
    The scope also excludes metal safes with each of the following 
characteristics: (1) Pry resistant, concealed hinges; (2) body walls 
and doors of steel that are at least 17 gauge (0.05625 inch or 
1.42874 mm thick); and (3) an integrated locking mechanism that 
includes at least two round steel bolts 0.75 inch (19 mm) or larger 
in diameter; or three bolts 0.70 inch (17.78 mm) or more in 
diameter; or four or more bolts at least 0.60 inch (15.24 mm) or 
more in diameter, that project from the door into the body or frame 
of the safe when in the locked position.
    The scope also excludes metal safes with each of the following 
characteristics:
    (1) Pry resistant hinges, whether concealed or external. 
External hinges must be accompanied by solid steel inactive bolts 
(minimum 0.75 inch (19 mm) diameter) or plates (minimum 0.177 inch 
(4.5 mm) thickness), welded or bolted to the door and protrude into 
the safe and into or behind the door frame by at least 0.39 inches 
(10 mm) to prevent the physical removal or opening of the door;
    (2) body walls and doors made of steel that is at least 17 gauge 
(0.05625 inch or 1.42874 mm thick);
    (3) an integrated locking mechanism that includes one of the 
following: (a) at least two round steel active bolts 0.75 inch (19 
mm) or larger in diameter; (b) three or more steel active bolts 0.70 
inch (17.78 mm) or more in diameter; (c) four or more steel active 
bolts at least 0.60 inch (15.24 mm) or more in diameter; or (d) four 
or more flat steel locking plates (at least two active and two 
inactive) of a minimum of 0.177 inch (4.5 mm) in thickness and 
minimum height of 1.57 inches (40 mm), that extend out from the door 
by at least 0.78 inches (20 mm). The bolts or plates must project 
from the door, into the safe, and into or behind the door frame by 
at least 0.39 inches (10 mm) to prevent the physical removal or 
opening of the door; and
    (4) made of a welded body construction and enter the United 
States fully assembled.
    The scope also excludes gun safes meeting each of the following 
requirements:
    (1) Shall be able to fully contain firearms and provide for 
their secure storage.
    (2) Shall have a locking system consisting of at minimum a 
mechanical or electronic combination lock. The mechanical or 
electronic combination lock utilized by the safe shall have at least 
10,000 possible combinations consisting of a minimum three numbers, 
letters, or symbols. The lock shall be protected by a casehardened 
(Rc 60+) drill-resistant steel plate, or drill-resistant material of 
equivalent strength.
    (3) Boltwork shall consist of a minimum of three steel locking 
bolts of at least 1/2-inch thickness that intrude from the door of 
the safe into the body of the safe or from the body of the safe into 
the door of the safe, which are operated by a separate handle and 
secured by the lock.
    (4) The exterior walls shall be constructed of a minimum 12-
gauge thick steel for a single-walled safe, or the sum of the steel 
walls shall add up to at least 0.100 inches for safes with walls 
made from two pieces of flat-rolled steel.
    (5) Doors shall be constructed of a minimum one layer of 7-gauge 
steel plate reinforced construction or at least two layers of a 
minimum 12-gauge steel compound construction.
    (6) Door hinges shall be protected to prevent the removal of the 
door. Protective features include, but are not limited to: Hinges 
not exposed to the outside, interlocking door designs, dead bars, 
jeweler's lugs and active or inactive locking bolts.
    The scope also excludes gun safes meeting each of the following 
requirements:
    (1) Shall be able to fully contain firearms and provide for 
their secure storage.
    (2) Shall have a locking system consisting of at minimum a 
mechanical or electronic combination lock with a lock body that is 
integrated into the door of the safe. The mechanical or electronic 
combination lock utilized by the safe shall have at least 10,000 
possible combinations consisting of a minimum three numbers, 
letters, or symbols.
    (3) Bolt work shall consist of a minimum of three steel locking 
bolts of at least 1/2-inch diameter that intrude from the door of 
the safe into the body of the safe or from the body of the safe into 
the door of the safe, which are operated by a separate handle and 
secured by the lock.
    (4) The exterior walls (inclusive of the floor and top) shall be 
constructed of a minimum 14-gauge thick steel and shall be lined 
with one or more layers of fire-retardant gypsum board bonded, 
affixed with brackets or otherwise securely attached to the exterior 
walls. The fire retardant gypsum board shall be at least 15 mm in 
thickness for a single layer or shall sum to at least 19 mm in 
thickness where multiple layers are combined together.
    (5) Doors shall be constructed of a minimum of one layer of 14-
gauge steel lined with a minimum of one layer of 15 mm thick, fire-
retardant gypsum board bonded, affixed with brackets or otherwise 
securely attached to the door. The doors shall fit into jambs 
equipped with a fire seal fitted completely around the door frame 
consisting of a hydrated sodium silicate encapsulated in a plastic 
film or sleeve that, when heat-activated by temperatures of over 210 
degrees, expands to cover the space between the jambs and door, 
providing a barrier to prevent the intrusion of flames, gas, or 
smoke into the safe.
    (6) Door hinges shall be protected to prevent the removal of the 
door. Protective features include but are not limited to: hinges not 
exposed to the outside, interlocking door designs, dead bars, 
jeweler's lugs and active or inactive locking bolts.
    (7) The excluded safe must be imported in the fully assembled 
condition.
    The scope also excludes metal storage devices that (1) have two 
or more exterior exposed drawers regardless of the height of the 
unit, or (2) are no more than 30 inches tall and have at least one 
exterior exposed drawer.
    Also excluded from the scope are free standing metal cabinets 
less than 30 inches tall with a single opening, single door and an 
installed tabletop.
    The scope also excludes metal storage devices less than 27 
inches wide and deep that: (1) Have two doors hinged on the right 
and left side of the door frame respectively covering a single 
opening and that open from the middle toward the outer frame; or (2) 
are free standing or wall-mounted, single-opening units 20 inches or 
less high with a single door.
    The subject certain metal lockers are classified under 
Harmonized Tariff Schedule of the United States (HTSUS) subheading 
9403.20.0078. Parts of subject certain metal lockers are classified 
under HTS subheading 9403.90.8041. In addition, subject certain 
metal lockers may also enter under HTS subheading 9403.20.0050. 
While HTSUS subheadings are provided for convenience and Customs 
purposes, the written description of the scope of the Orders is 
dispositive.

[FR Doc. 2024-03945 Filed 2-26-24; 8:45 am]
BILLING CODE 3510-DS-P