Boltless Steel Shelving Units Prepackaged for Sale From Thailand: Final Affirmative Determination of Sales at Less Than Fair Value, 28738-28741 [2024-08373]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 89, Number 77 (Friday, April 19, 2024)]
[Notices]
[Pages 28738-28741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08373]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-846]


Boltless Steel Shelving Units Prepackaged for Sale From Thailand: 
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 
boltless steel shelving units prepackaged for sale (boltless steel 
shelving) from Thailand are being, or are likely to be, sold in the 
United States at less than fair value (LTFV). The period of 
investigation is April 1, 2022, through March 31, 2023.

DATES: Applicable April 19, 2024.

FOR FURTHER INFORMATION CONTACT: Fred Baker, AD/CVD Operations, Office 
VI, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-2924.

SUPPLEMENTARY INFORMATION:

Background

    On November 29, 2023, Commerce published in the Federal Register 
its preliminary affirmative determination in this investigation, in 
which we also postponed the final determination until April 12, 
2024.\1\ On January 2, 2024, Commerce published in the Federal Register 
its Amended Preliminary Determination.\2\ We published a correction to 
the Preliminary Determination and Amended Preliminary Determination on 
January 24, 2024.\3\ We invited parties to comment on the Preliminary 
Determination.
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    \1\ See Boltless Steel Shelving Units Prepackaged for Sale from 
Thailand: Preliminary Affirmative Determination of Sales at Less 
Than Fair Value, Postponement of Final Determination, and Extension 
of Provisional Measures, 88 FR 83389 (November 29, 2023) 
(Preliminary Determination), and accompanying Preliminary Decision 
Memorandum.
    \2\ See Boltless Steel Shelving Units Prepackaged from Thailand: 
Amended Preliminary Determination of Sales at Less-Than-Fair-Value, 
89 FR 62 (January 2, 2024) (Amended Preliminary Determination), and 
accompanying Amended Preliminary Determination Analysis Memorandum.
    \3\ See Boltless Steel Shelving Units Prepackaged for Sale from 
Thailand: Preliminary Affirmative Determination of Sales at Less 
Than Fair Value and Amended Preliminary Determination of Sales at 
Less Than Fair Value; Correction, 89 FR 4591 (January 24, 2024) 
(Correction Notice).
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    A summary of the events that occurred since Commerce published the 
Preliminary Determination, as well as a

[[Page 28739]]

full discussion of the issues raised by parties for this final 
determination, may be found in the Issues and Decision Memorandum.\4\ 
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.
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    \4\ 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 
Thailand,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
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Scope of the Investigation

    The products covered by this investigation are boltless steel 
shelving from Thailand. 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.\5\ We received comments from interested parties on the 
Preliminary Scope Decision Memorandum, which we addressed in the Final 
Scope Decision Memorandum.\6\ We did not make any changes to the scope 
of the investigation from the scope published in the Preliminary 
Determination.
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    \5\ 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).
    \6\ See Memorandum, ``Antidumping Duty Investigations of 
Boltless Steel Shelving Units Prepackaged for Sale from India, 
Malaysia, Taiwan, Thailand, and the Socialist Republic of Vietnam: 
Final Scope Decision Memorandum,'' dated April 12, 2024 (Final Scope 
Decision Memorandum).
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Verification

    Commerce verified the sales and cost information submitted by 
Bangkok Sheet Metal Public Co., Ltd. (Bangkok Sheet) and Siam Metal 
Tech Co., Ltd. (Siam Metal) for use in our final determination, 
consistent with section 782(i) of the Tariff Act of 1930, as amended 
(the Act). Specifically, Commerce conducted on-site verifications of 
the home market sales and cost of production responses submitted by 
Bangkok Sheet and Siam Metal. We used standard verification procedures, 
including an examination of relevant sales and accounting records, and 
original source documents provided by Bangkok Sheet and Siam Metal.\7\
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    \7\ See Memoranda, ``Verification of the Sales Response of 
Bangkok Sheet Metal Public Co., Ltd.,'' dated March 12, 2024; 
``Verification of the Sales Response of Siam Metal Tech Co., Ltd.,'' 
dated March 12, 2024; ``Verification of the Cost Response of Siam 
Metal Tech Co., Ltd. in the Antidumping Duty Investigation of 
Boltless Steel Shelving Units Prepackaged (BSS) from Thailand'' 
dated March 11, 2024; and, ``Verification of the Cost Response of 
Bangkok Sheet Metal Public Co., Ltd. in the Antidumping Duty 
Investigation of Boltless Steel Shelving Units Prepackaged from 
Thailand'' dated March 12, 2024.
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Analysis of Comments Received

    All issues raised in the case briefs 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

    We have made certain changes to the margin calculations for the 
Bangkok Sheet and Siam Metal since the Preliminary Determination. In 
addition, for both Bangkok Sheet and Siam Metal, we made changes 
certain changes based on minor corrections accepted during the cost and 
sales verifications. See the Issues and Decision Memorandum for a 
discussion of these changes.

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated 
weighted-average dumping margin for all other producers and exporters 
not individually investigated shall be equal to the weighted average of 
the estimated weighted-average dumping margins established for 
individually examined exporters and producers, excluding rates that are 
zero, de minimis, or determined entirely under section 776 of the Act, 
i.e., facts otherwise available.
    In this investigation, we calculated an individual estimated 
weighted-average dumping margin for Bangkok Sheet that is not zero, de 
minimis, or determined entirely on the basis of facts available.\8\ We 
also calculated a dumping margin for Siam Metal that is zero. 
Consequently, Commerce is assigning the estimated weighted-average 
dumping margin calculated for Bangkok Sheet to all other producers and 
exporters of the merchandise under consideration, pursuant to section 
735(c)(5)(A) of the Act.
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    \8\ See Amended Preliminary Determination, 89 FR at 62.
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Final Determination

    The final estimated weighted-average dumping margins are as 
follows:

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
                    Exporter/Producer                         average
                                                          dumping margin
                                                             (percent)
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Bangkok Sheet Metal Public Co., Ltd.....................            2.75
Siam Metal Tech Co., Ltd................................            0.00
All Others..............................................            2.75
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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 accordance with 19 
CFR 351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, Commerce will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of subject merchandise as described in Appendix I 
of this notice, which were entered, or withdrawn from warehouse, for 
consumption, on or after November 29, 2023, the date of publication of 
the Preliminary Determination in the Federal Register.
    Because the estimated weighted-average dumping margin for Siam 
Metal as the producer and exporter is zero, entries of shipments of 
subject merchandise that are produced and exported by Siam Metal will 
not be subject to suspension of liquidation or cash deposit 
requirements. Accordingly, Commerce will direct CBP not to suspend 
liquidation of entries of subject merchandise produced and exported by 
Siam Metal. In accordance with section 735(a)(4) of the Act and 19 CFR 
351.204(e)(1), should the investigation result in an antidumping duty 
order pursuant to section 736 of the Act, entries of shipments of 
subject merchandise from this producer/exporter combination will be 
excluded from the order. However, entries of shipments of subject 
merchandise from this company in any other producer/exporter 
combination, or by third parties that sourced subject merchandise from 
the excluded producer/exporter combination, will be subject to 
suspension of liquidation at the all-others rate.

[[Page 28740]]

    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), upon the publication of this notice, Commerce will instruct 
CBP to require a cash deposit equal to the estimated weighted-average 
dumping margin as follows: (1) the cash deposit rate for the 
respondents listed in the table above is equal to the company-specific 
estimated weighted-average dumping margin listed for the respondent in 
the table; (2) if the exporter is not a respondent identified in the 
table above but the producer is, then the cash deposit rate is equal to 
the company-specific estimated weighted-average dumping margin listed 
for the producer of the subject merchandise in the table above; and (3) 
the cash deposit rate for all other producers and exporters is equal to 
the all-others estimated weighted-average dumping margin listed in the 
table above.
    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 Commerce's 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 Thailand 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 above in the ``Continuation of 
Suspension of Liquidation'' section above.

Administrative Protective Order

    This notice serves as the final 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 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 subject to sanction.

Notification to Interested Parties

    This 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 written 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. Scope of the Investigation
V. Changes from the Preliminary Determination
VI. Discussion of the Issues
    Comment 1: Whether Commerce Should Revise Its Calculation of 
Constructed Value (CV) Profit and Selling Expenses
    Comment 2: Whether to Correct the Date of Sale for Siam Metal's 
U.S. Sales
    Comment 3: Whether Commerce Should Revise Siam Metal's and 
Bangkok Sheet's Total Cost of Manufacture (TOTCOM) for the Subject 
Merchandise to Reflect the Total Cost Recorded in Their Generally 
Accepted Accounting Principles (GAAP)-Compliant Audited Financial 
Statements
    Comment 4: Whether Commerce Should Revise Its Calculation of 
General and Administrative (G&A) Expenses and Interest Expenses 
(INTEX)
    Comment 5: Whether Commerce Should Revise the Calculation of the 
Major Input Adjustment

[[Page 28741]]

    Comment 6: Whether Commerce Should Revise Bangkok Sheet's G&A 
Expenses to Remove the Prior Year's Bad Debt Allowance
    Comment 7: Whether Commerce Should Revise Bangkok Sheet's Costs 
to Correct Understated Direct Material Costs, Labor Costs, and 
Should Include Allowance for Obsolete Goods
    Comment 8: Whether Commerce Should Apply Its Cohen's d Test
VII. Recommendation

[FR Doc. 2024-08373 Filed 4-18-24; 8:45 am]
BILLING CODE 3510-DS-P