Boltless Steel Shelving Units Prepackaged for Sale From the Socialist Republic of Vietnam: Final Affirmative Determination of Sales at Less-Than-Fair-Value, 28743-28745 [2024-08370]
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Federal Register / Vol. 89, No. 77 / Friday, April 19, 2024 / Notices
of levels; (6) weight capacity; (7) shape
(including but not limited to rectangular,
square, and corner units); (8) decking
material (including but not limited to wire
decking, particle board, laminated board or
no deck at all); or (9) the boltless method by
which vertical and horizontal supports
connect (including but not limited to keyhole
and rivet, slot and tab, welded frame,
punched rivet and clip).
Specifically excluded from the scope are:
• wall-mounted shelving, defined as
shelving that is hung on the wall and does
not stand on, or transfer load to, the floor.
The addition of a wall bracket or other device
to attach otherwise freestanding subject
merchandise to a wall does not meet the
terms of this exclusion;
• wire shelving units, which consist of
shelves made from wire that incorporates
both a wire deck and wire horizontal
supports (taking the place of the horizontal
beams and braces) into a single piece with
tubular collars that slide over the posts and
onto plastic sleeves snapped on the posts to
create the finished shelving unit;
• bulk-packed parts or components of
boltless steel shelving units; and
• made-to-order shelving systems.
Subject boltless steel shelving enters the
United States through Harmonized Tariff
Schedule of the United States (HTSUS)
statistical subheading 9403.20.0075. While
the HTSUS subheading is provided for
convenience and customs purposes, the
description of the scope of this investigation
is dispositive.
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Changes Since the Preliminary
Determination
V. Discussion of the Issues
Comment 1: Shin Yeh’s Proposed Minor
Corrections Related to Credit Expenses
Comment 2: Whether to Treat ‘‘Bolted’’
Shelving Units as ‘‘Welded’’ Racks for
CONNUM Purposes
Comment 3: Whether to Revise Shin Yeh’s
Costs
Comment 4: Calculation Programming
Issues
VI. Recommendation
[FR Doc. 2024–08372 Filed 4–18–24; 8:45 am]
lotter on DSK11XQN23PROD with NOTICES1
BILLING CODE 3510–DS–P
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02:06 Apr 19, 2024
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–835]
Boltless Steel Shelving Units
Prepackaged for Sale From the
Socialist Republic of Vietnam: Final
Affirmative Determination of Sales at
Less-Than-Fair-Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
imports of boltless steel shelving units
prepackaged for sale (boltless steel
shelving) from the Socialist Republic of
Vietnam (Vietnam) are being, or likely
to be, sold in the United States at less
than fair value (LTFV). The period of
investigation is October 1, 2022, through
March 31, 2023.
DATES: Applicable April 19, 2024.
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.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On November 29, 2023, Commerce
published in the Federal Register its
preliminary affirmative determination
in the LTFV investigation of boltless
steel shelving from Vietnam.1 We
invited parties to comment on the
Preliminary Determination.
A summary of the events that
occurred since Commerce published the
Preliminary Determination, as well as a
full discussion of the issues raised by
parties for this final determination, may
be found in the Issues and Decision
Memorandum.2 The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
1 See Boltless Steel Shelving Units 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, 88 FR
83392 (November 29, 2023) (Preliminary
Determination), and accompanying Preliminary
Decision Memorandum (PDM).
2 See Memorandum, ‘‘Decision Memorandum for
the Final Affirmative Determination in the LessThan-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 (Issues and
Decision Memorandum).
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28743
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
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
During the course of this
investigation, Commerce received scope
comments from interested parties.
Commerce issued a Preliminary Scope
Decision Memorandum to address these
comments and set aside a period of time
for parties to address scope issues in
scope-specific case and rebuttal briefs.3
We received comments from interested
parties on the Preliminary Scope
Decision Memorandum, which we
addressed in the Final Scope Decision
Memorandum.4 We did not make any
changes to the scope of the investigation
from the scope published in the
Preliminary Determination.
Verification
Commerce verified the sales and
factors of production information
submitted by Xinguang (Vietnam)
Logistic Equipment Co., Ltd (Xinguang
Vietnam) and the sales information
submitted by Thanh Phong Production
and Trade Limited Company (Thanh
Phong) for use in our final
determination, consistent with section
782(i) of the Tariff Act of 1930, as
amended (the Act). We used standard
verification procedures, including an
examination of relevant sales and
accounting records, and original source
documents provided by Xinguang
Vietnam and Thanh Phong.5
3 See Memorandum, ‘‘Antidumping Duty
Investigations of Boltless Steel Shelving Units
Prepackaged for Sale from India, Malaysia, Taiwan,
Thailand, and the Socialist Republic of Vietnam:
Preliminary Scope Decision Memorandum,’’ dated
November 13, 2023 (Preliminary Scope Decision
Memorandum).
4 See Memorandum, ‘‘Antidumping Duty
Investigation of Boltless Steel Shelving Units
Prepackaged for Sale from Malaysia, Taiwan,
Thailand, and the Socialist Republic of Vietnam:
Final Scope Decision Memorandum,’’ dated April
12, 2024 (Final Scope Decision Memorandum).
5 See Memoranda, ‘‘Verification of the
Questionnaire Responses of Thanh Phong
Production and Trade Limited Company in the
Less-Than-Fair-Value Investigation of Boltless Steel
Shelving Units Prepackaged for Sale from the
Socialist Republic of Vietnam,’’ dated February 13,
2024; and ‘‘Verification of the Questionnaire
Responses of Xinguang (Vietnam) Logistic
E:\FR\FM\19APN1.SGM
Continued
19APN1
28744
Federal Register / Vol. 89, No. 77 / Friday, April 19, 2024 / Notices
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs submitted by interested
parties in this investigation are
addressed in the Issues and Decision
Memorandum. A list of the issues raised
is attached to this notice as Appendix II.
Changes Since the Preliminary
Determination
Based on our review and analysis of
the comments received from interested
parties, we made changes to the margin
calculations for Xinguang Vietnam.6 For
a discussion of these changes, see the
Issues and Decision Memorandum.
Vietnam-Wide Entity and Use of
Adverse Facts Available (AFA)
Consistent with the Preliminary
Determination,7 Commerce continues to
Preliminary Determination,9 as AFA, we
are continuing to assign the Vietnamwide entity, including the abovereferenced companies, the rate of 224.94
percent, which is the highest margin
alleged in the petition.10
Combination Rates
Consistent with the Preliminary
Determination and Policy Bulletin
05.1,11 Commerce calculated a
combination rate for Xinguang Vietnam,
i.e., the sole respondent eligible for a
separate rate.
Final Determination
The final estimated weighted-average
dumping margins are as follows:
Estimated
weightedaverage
dumping
margin
(percent)
Exporter
Producer
Xinguang (Vietnam) Logistic Equipment Co., Ltd ......................
Xinguang (Vietnam) Logistic Equipment Co., Ltd ......................
181.60
Vietnam-Wide Entity ............................................................................................................................................................................
12 224.94
Disclosure
Commerce intends to disclose its
calculations performed to interested
parties in this final 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 the
Federal Register, in accordance with 19
CFR 351.224(b).
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, we will instruct
U.S. Customs and Border Protection
(CBP) to continue to suspend
liquidation of subject merchandise
entries, as described in Appendix I of
this notice, which are entered, or
withdrawn from warehouse, for
consumption on or after November 29,
2023, the date of publication in the
Federal Register of the Preliminary
Determination.
Pursuant to section 735(c)(1)(B)(ii) of
the Act and 19 CFR 351.210(d),
Commerce will instruct CBP to require
lotter on DSK11XQN23PROD with NOTICES1
find, pursuant to sections 776(a)(1) and
(a)(2)(A)–(C) of the Act, that the use of
facts available is warranted in
determining the rate of the Vietnamwide entity, which includes Cuong
Nghia Imp. Exp. (Cuong Nghia) and
Parkway Thanh Phong Co. (Parkway),
two companies that were not selected
for individual examination 8 that did not
respond to our requests for information.
Furthermore, we continue to find that
an adverse inference is warranted in
selecting from the facts otherwise
available, pursuant to section 776(b) of
the Act and 19 CFR 351.308(a), because
the Vietnam-wide entity, including the
two companies referred to above, failed
to cooperate by not acting to the best of
its ability to comply with Commerce’s
requests for information. For the final
determination, consistent with the
Equipment Co., Ltd. in the Less-Than-Fair-Value
Investigation of Boltless Steel Shelving Units
Prepackaged for Sale from the Socialist Republic of
Vietnam,’’ dated February 13, 2024.
6 See Issues and Decision Memorandum.
7 See Preliminary Determination PDM at 6–8.
8 Id.
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a cash deposit equal to the amount by
which the normal value exceeds the
U.S. price as follows: (1) the cash
deposit rate for the exporter/producer
combination listed in the table above
will be the rate identified in the table;
(2) for all combinations of Vietnamese
exporters/producers of subject
merchandise that have not received
their own separate rate above, the cash
deposit rate will be the cash deposit rate
established for the Vietnam-wide entity;
and (3) for all non-Vietnamese exporters
of subject merchandise which have not
received their own separate rate above,
the cash deposit rate will be the cash
deposit rate applicable to the
Vietnamese exporter/producer
combination that supplied that nonVietnamese exporter. These suspension
of liquidation instructions will remain
in effect until further notice.
U.S. International Trade Commission
Notification
In accordance with section 735(d) of
the Act, Commerce will notify the U.S.
International Trade Commission (ITC) of
9 Id.
10 See
Initiation Checklist, ‘‘Antidumping Duty
Investigation Initiation Checklist: Boltless Steel
Shelving Units Prepackaged for Sale from the
Socialist Republic of Vietnam,’’ dated May 15,
2023.
11 See Enforcement and Compliance’s Policy
Bulletin No. 05.1, regarding, ‘‘Separate-Rates
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its final affirmative determination of
sales at LTFV. Because the final
determination in this proceeding is
affirmative, in accordance with section
735(b)(2) of the Act, the ITC will make
its final determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports of
boltless steel shelving from Vietnam no
later than 45 days after this final
determination. If the ITC determines
that material injury or threat of material
injury does not exist, the proceeding
will be terminated and all cash deposits
will be refunded or canceled, and
suspension of liquidation will be lifted.
If the ITC determines that such injury
does exist, Commerce will issue an
antidumping duty order directing CBP
to assess, upon further instruction by
Commerce, antidumping duties on all
imports of the subject merchandise that
are entered, or withdrawn from
warehouse, for consumption on or after
the effective date of the suspension of
liquidation, as discussed in the
Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market
Economy Countries,’’ dated April 5, 2005 (Policy
Bulletin 05.1), available on Commerce’s website at
https://enforcement.trade.gov/policy/bull05-1.pdf.
12 The Vietnam-wide rate is based on facts
available with adverse inferences.
E:\FR\FM\19APN1.SGM
19APN1
Federal Register / Vol. 89, No. 77 / Friday, April 19, 2024 / Notices
‘‘Continuation of Suspension of
Liquidation’’ section above.
Administrative Protective Order
This notice serves as the only
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of 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 final determination is issued and
published in accordance with sections
735(d) and 777(i) of the Act, and 19 CFR
351.210(c).
Dated: April 12, 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.
lotter on DSK11XQN23PROD 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
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
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02:06 Apr 19, 2024
Jkt 262001
the frame. The boltless steel shelving covered
by this investigation may be commonly
described as rivet shelving, welded frame
shelving, slot and tab shelving, and punched
rivet (quasi-rivet) shelving as well as by other
trade names. The term ‘‘deck’’ refers to the
shelf that sits on or fits into the horizontal
supports (beams or braces) to provide the
horizontal storage surface of the shelving
unit.
The scope includes all boltless steel
shelving meeting the description above,
regardless of: (1) vertical support or post type
(including but not limited to open post,
closed post and tubing); (2) horizontal
support or beam/brace profile (including but
not limited to Z-beam, C-beam, L-beam, step
beam and cargo rack); (3) number of
supports; (4) surface coating (including but
not limited to paint, epoxy, powder coating,
zinc and other metallic coating); (5) number
of levels; (6) weight capacity; (7) shape
(including but not limited to rectangular,
square, and corner units); (8) decking
material (including but not limited to wire
decking, particle board, laminated board or
no deck at all); or (9) the boltless method by
which vertical and horizontal supports
connect (including but not limited to keyhole
and rivet, slot and tab, welded frame,
punched rivet and clip).
Specifically excluded from the scope are:
• Wall-mounted shelving, defined as
shelving that is hung on the wall and does
not stand on, or transfer load to, the floor.
The addition of a wall bracket or other device
to attach otherwise freestanding subject
merchandise to a wall does not meet the
terms of this exclusion;
• Wire shelving units, which consist of
shelves made from wire that incorporates
both a wire deck and wire horizontal
supports (taking the place of the horizontal
beams and braces) into a single piece with
tubular collars that slide over the posts and
onto plastic sleeves snapped on the posts to
create the finished shelving unit;
• Bulk-packed parts or components of
boltless steel shelving units; and
• Made-to-order shelving systems.
Subject boltless steel shelving enters the
United States through Harmonized Tariff
Schedule of the United States (HTSUS)
statistical subheading 9403.20.0075. While
the HTSUS subheading is provided for
convenience and customs purposes, the
description of the scope of this investigation
is dispositive.
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Changes from the Preliminary
Determination
IV. Use of Facts Otherwise Available
V. Discussion of the Issues
Comment 1: Whether Thanh Phong Sold
Subject Merchandise
Comment 2: Selection of Surrogate
Financial Statements
Comment 3: Whether to Separately Value
the Energy Factors of Production (FOPs)
Comment 4: Surrogate Value (SV) for HotRolled Steel
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28745
Comment 5: Whether Certain Raw
Materials Should be Part of Overhead
Comment 6: How to Treat Wire Fees
Comment 7: Treatment of ‘‘Transfer’’
Transactions
VI. Recommendation
[FR Doc. 2024–08370 Filed 4–18–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Quarterly Update to Annual Listing of
Foreign Government Subsidies on
Articles of Cheese Subject to an InQuota Rate of Duty
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable April 19, 2024.
FOR FURTHER INFORMATION CONTACT:
Samuel Brummitt, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Ave. NW, Washington, DC
20230, telephone: (202) 482–7851.
SUPPLEMENTARY INFORMATION: On
November 15, 2023, the U.S.
Department of Commerce (Commerce),
pursuant to section 702(h) of the Trade
Agreements Act of 1979 (as amended)
(the Act), published the quarterly
update to the annual listing of foreign
government subsidies on articles of
cheese subject to an in-quota rate of
duty covering the period April 1, 2023,
through June 30, 2023.1 In the Second
Quarter 2023 Update, we requested that
any party that had information on
foreign government subsidy programs
that benefited articles of cheese subject
to an in-quota rate of duty submit such
information to Commerce.2 We received
no comments, information, or requests
for consultation from any party.
Pursuant to section 702(h) of the Act,
we hereby provide Commerce’s update
of subsidies on articles of cheese that
were imported during the period July 1,
2023, through September 30, 2023. The
appendix to this notice lists the country,
the subsidy program or programs, and
the gross and net amounts of each
subsidy for which information is
currently available.
Commerce will incorporate additional
programs which are found to constitute
subsidies, and additional information
on the subsidy programs listed, as the
AGENCY:
1 See Quarterly Update to Annual Listing of
Foreign Government Subsidies on Articles of Cheese
Subject to an In-Quota Rate of Duty, 88 FR 78295
(November 15, 2023) (Second Quarter 2023
Update).
2 Id.
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19APN1
]]>Agencies
[Federal Register Volume 89, Number 77 (Friday, April 19, 2024)]
[Notices]
[Pages 28743-28745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08370]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-835]
Boltless Steel Shelving Units Prepackaged for Sale From the
Socialist Republic of Vietnam: Final Affirmative Determination of Sales
at Less-Than-Fair-Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
imports of boltless steel shelving units prepackaged for sale (boltless
steel shelving) from the Socialist Republic of Vietnam (Vietnam) are
being, or likely to be, sold in the United States at less than fair
value (LTFV). The period of investigation is October 1, 2022, through
March 31, 2023.
DATES: Applicable April 19, 2024.
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.
SUPPLEMENTARY INFORMATION:
Background
On November 29, 2023, Commerce published in the Federal Register
its preliminary affirmative determination in the LTFV investigation of
boltless steel shelving from Vietnam.\1\ We invited parties to comment
on the Preliminary Determination.
---------------------------------------------------------------------------
\1\ See Boltless Steel Shelving Units 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, 88 FR 83392 (November 29, 2023)
(Preliminary Determination), and accompanying Preliminary Decision
Memorandum (PDM).
---------------------------------------------------------------------------
A summary of the events that occurred since Commerce published the
Preliminary Determination, as well as a full discussion of the issues
raised by parties for this final determination, may be found in the
Issues and Decision Memorandum.\2\ The Issues and Decision Memorandum
is a public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov. In addition, a complete version of the Issues
and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\2\ See Memorandum, ``Decision Memorandum for the Final
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 (Issues and Decision Memorandum).
---------------------------------------------------------------------------
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
During the course of this investigation, Commerce received scope
comments from interested parties. Commerce issued a Preliminary Scope
Decision Memorandum to address these comments and set aside a period of
time for parties to address scope issues in scope-specific case and
rebuttal briefs.\3\ We received comments from interested parties on the
Preliminary Scope Decision Memorandum, which we addressed in the Final
Scope Decision Memorandum.\4\ We did not make any changes to the scope
of the investigation from the scope published in the Preliminary
Determination.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Antidumping Duty Investigations of
Boltless Steel Shelving Units Prepackaged for Sale from India,
Malaysia, Taiwan, Thailand, and the Socialist Republic of Vietnam:
Preliminary Scope Decision Memorandum,'' dated November 13, 2023
(Preliminary Scope Decision Memorandum).
\4\ See Memorandum, ``Antidumping Duty Investigation of Boltless
Steel Shelving Units Prepackaged for Sale from Malaysia, Taiwan,
Thailand, and the Socialist Republic of Vietnam: Final Scope
Decision Memorandum,'' dated April 12, 2024 (Final Scope Decision
Memorandum).
---------------------------------------------------------------------------
Verification
Commerce verified the sales and factors of production information
submitted by Xinguang (Vietnam) Logistic Equipment Co., Ltd (Xinguang
Vietnam) and the sales information submitted by Thanh Phong Production
and Trade Limited Company (Thanh Phong) for use in our final
determination, consistent with section 782(i) of the Tariff Act of
1930, as amended (the Act). We used standard verification procedures,
including an examination of relevant sales and accounting records, and
original source documents provided by Xinguang Vietnam and Thanh
Phong.\5\
---------------------------------------------------------------------------
\5\ See Memoranda, ``Verification of the Questionnaire Responses
of Thanh Phong Production and Trade Limited Company in the Less-
Than-Fair-Value Investigation of Boltless Steel Shelving Units
Prepackaged for Sale from the Socialist Republic of Vietnam,'' dated
February 13, 2024; and ``Verification of the Questionnaire Responses
of Xinguang (Vietnam) Logistic Equipment Co., Ltd. in the Less-Than-
Fair-Value Investigation of Boltless Steel Shelving Units
Prepackaged for Sale from the Socialist Republic of Vietnam,'' dated
February 13, 2024.
---------------------------------------------------------------------------
[[Page 28744]]
Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
interested parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of the issues raised is attached to
this notice as Appendix II.
Changes Since the Preliminary Determination
Based on our review and analysis of the comments received from
interested parties, we made changes to the margin calculations for
Xinguang Vietnam.\6\ For a discussion of these changes, see the Issues
and Decision Memorandum.
---------------------------------------------------------------------------
\6\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------
Vietnam-Wide Entity and Use of Adverse Facts Available (AFA)
Consistent with the Preliminary Determination,\7\ Commerce
continues to find, pursuant to sections 776(a)(1) and (a)(2)(A)-(C) of
the Act, that the use of facts available is warranted in determining
the rate of the Vietnam-wide entity, which includes Cuong Nghia Imp.
Exp. (Cuong Nghia) and Parkway Thanh Phong Co. (Parkway), two companies
that were not selected for individual examination \8\ that did not
respond to our requests for information. Furthermore, we continue to
find that an adverse inference is warranted in selecting from the facts
otherwise available, pursuant to section 776(b) of the Act and 19 CFR
351.308(a), because the Vietnam-wide entity, including the two
companies referred to above, failed to cooperate by not acting to the
best of its ability to comply with Commerce's requests for information.
For the final determination, consistent with the Preliminary
Determination,\9\ as AFA, we are continuing to assign the Vietnam-wide
entity, including the above-referenced companies, the rate of 224.94
percent, which is the highest margin alleged in the petition.\10\
---------------------------------------------------------------------------
\7\ See Preliminary Determination PDM at 6-8.
\8\ Id.
\9\ Id.
\10\ See Initiation Checklist, ``Antidumping Duty Investigation
Initiation Checklist: Boltless Steel Shelving Units Prepackaged for
Sale from the Socialist Republic of Vietnam,'' dated May 15, 2023.
---------------------------------------------------------------------------
Combination Rates
Consistent with the Preliminary Determination and Policy Bulletin
05.1,\11\ Commerce calculated a combination rate for Xinguang Vietnam,
i.e., the sole respondent eligible for a separate rate.
---------------------------------------------------------------------------
\11\ See 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,'' dated April 5, 2005 (Policy Bulletin 05.1), available
on Commerce's website at https://enforcement.trade.gov/policy/bull05-1.pdf.
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Final Determination
The final estimated weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Estimated
weighted-
Exporter Producer average
dumping margin
(percent)
------------------------------------------------------------------------
Xinguang (Vietnam) Logistic Xinguang (Vietnam) 181.60
Equipment Co., Ltd. Logistic Equipment
Co., Ltd.
---------------------------------------------------------
Vietnam-Wide Entity..................................... \12\ 224.94
------------------------------------------------------------------------
Disclosure
---------------------------------------------------------------------------
\12\ The Vietnam-wide rate is based on facts available with
adverse inferences.
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Commerce intends to disclose its calculations performed to
interested parties in this final 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 the Federal Register,
in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of subject merchandise entries, as described in
Appendix I of this notice, which are entered, or withdrawn from
warehouse, for consumption on or after November 29, 2023, the date of
publication in the Federal Register of the Preliminary Determination.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), Commerce will instruct CBP to require a cash deposit equal
to the amount by which the normal value exceeds the U.S. price as
follows: (1) the cash deposit rate for the exporter/producer
combination listed in the table above will be the rate identified in
the table; (2) for all combinations of Vietnamese exporters/producers
of subject merchandise that have not received their own separate rate
above, the cash deposit rate will be the cash deposit rate established
for the Vietnam-wide entity; and (3) for all non-Vietnamese exporters
of subject merchandise which have not received their own separate rate
above, the cash deposit rate will be the cash deposit rate applicable
to the Vietnamese exporter/producer combination that supplied that non-
Vietnamese exporter. These suspension of liquidation instructions will
remain in effect until further notice.
U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its final affirmative
determination of sales at LTFV. Because the final determination in this
proceeding is affirmative, in accordance with section 735(b)(2) of the
Act, the ITC will make its final determination as to whether the
domestic industry in the United States is materially injured, or
threatened with material injury, by reason of imports of boltless steel
shelving from Vietnam no later than 45 days after this final
determination. If the ITC determines that material injury or threat of
material injury does not exist, the proceeding will be terminated and
all cash deposits will be refunded or canceled, and suspension of
liquidation will be lifted. If the ITC determines that such injury does
exist, Commerce will issue an antidumping duty order directing CBP to
assess, upon further instruction by Commerce, antidumping duties on all
imports of the subject merchandise that are entered, or withdrawn from
warehouse, for consumption on or after the effective date of the
suspension of liquidation, as discussed in the
[[Page 28745]]
``Continuation of Suspension of Liquidation'' section above.
Administrative Protective Order
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of 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 final determination is issued and published in accordance with
sections 735(d) and 777(i) of the Act, and 19 CFR 351.210(c).
Dated: April 12, 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 I
Scope of the Investigation
The scope of this investigation covers boltless steel shelving
units prepackaged for sale, with or without decks (boltless steel
shelving). The term ``prepackaged for sale'' means that, at a
minimum, the steel vertical supports (i.e., uprights and posts) and
steel horizontal supports (i.e., beams, braces) necessary to
assemble a completed shelving unit (with or without decks) are
packaged together for ultimate purchase by the end-user. The scope
also includes add-on kits. Add-on kits include, but are not limited
to, kits that allow the end-user to add an extension shelving unit
onto an existing boltless steel shelving unit such that the
extension and the original unit will share common frame elements
(e.g., two posts). The term ``boltless'' refers to steel shelving in
which the vertical and horizontal supports forming the frame are
assembled primarily without the use of nuts and bolts, or screws.
The vertical and horizontal support members for boltless steel
shelving are assembled by methods such as, but not limited to,
fitting a rivet, punched or cut tab, or other similar connector on
one support into a hole, slot or similar receptacle on another
support. The supports lock together to form the frame for the
shelving unit and provide the structural integrity of the shelving
unit separate from the inclusion of any decking. The incidental use
of nuts and bolts, or screws to add accessories, wall anchors, tie-
bars or shelf supports does not remove the product from scope.
Boltless steel shelving units may also come packaged as partially
assembled, such as when two upright supports are welded together
with front-to-back supports, or are otherwise connected, to form an
end unit for the frame. The boltless steel shelving covered by this
investigation may be commonly described as rivet shelving, welded
frame shelving, slot and tab shelving, and punched rivet (quasi-
rivet) shelving as well as by other trade names. The term ``deck''
refers to the shelf that sits on or fits into the horizontal
supports (beams or braces) to provide the horizontal storage surface
of the shelving unit.
The scope includes all boltless steel shelving meeting the
description above, regardless of: (1) vertical support or post type
(including but not limited to open post, closed post and tubing);
(2) horizontal support or beam/brace profile (including but not
limited to Z-beam, C-beam, L-beam, step beam and cargo rack); (3)
number of supports; (4) surface coating (including but not limited
to paint, epoxy, powder coating, zinc and other metallic coating);
(5) number of levels; (6) weight capacity; (7) shape (including but
not limited to rectangular, square, and corner units); (8) decking
material (including but not limited to wire decking, particle board,
laminated board or no deck at all); or (9) the boltless method by
which vertical and horizontal supports connect (including but not
limited to keyhole and rivet, slot and tab, welded frame, punched
rivet and clip).
Specifically excluded from the scope are:
Wall-mounted shelving, defined as shelving that is hung
on the wall and does not stand on, or transfer load to, the floor.
The addition of a wall bracket or other device to attach otherwise
freestanding subject merchandise to a wall does not meet the terms
of this exclusion;
Wire shelving units, which consist of shelves made from
wire that incorporates both a wire deck and wire horizontal supports
(taking the place of the horizontal beams and braces) into a single
piece with tubular collars that slide over the posts and onto
plastic sleeves snapped on the posts to create the finished shelving
unit;
Bulk-packed parts or components of boltless steel
shelving units; and
Made-to-order shelving systems.
Subject boltless steel shelving enters the United States through
Harmonized Tariff Schedule of the United States (HTSUS) statistical
subheading 9403.20.0075. While the HTSUS subheading is provided for
convenience and customs purposes, the description of the scope of
this investigation is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Changes from the Preliminary Determination
IV. Use of Facts Otherwise Available
V. Discussion of the Issues
Comment 1: Whether Thanh Phong Sold Subject Merchandise
Comment 2: Selection of Surrogate Financial Statements
Comment 3: Whether to Separately Value the Energy Factors of
Production (FOPs)
Comment 4: Surrogate Value (SV) for Hot-Rolled Steel
Comment 5: Whether Certain Raw Materials Should be Part of
Overhead
Comment 6: How to Treat Wire Fees
Comment 7: Treatment of ``Transfer'' Transactions
VI. Recommendation
[FR Doc. 2024-08370 Filed 4-18-24; 8:45 am]
BILLING CODE 3510-DS-P
