Temporary Steel Fencing From the People's Republic of China: Initiation of Countervailing Duty Investigation, 9311-9315 [2025-02443]

Download as PDF Federal Register / Vol. 90, No. 27 / Tuesday, February 11, 2025 / Notices Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive. Continuation of the Order As a result of the determinations by Commerce and the ITC that revocation of the Order would likely lead to continuation or recurrence of dumping, and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, Commerce hereby orders the continuation of the Order. U.S. Customs and Border Protection will continue to collect AD cash deposits for estimated antidumping duties at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the Order will be January 31, 2025.6 Pursuant to section 751(c)(2) of the Act and 19 CFR 351.218(c)(2), Commerce intends to initiate the next five-year review of the Order not later than 30 days prior to the fifth anniversary of the effective date of this continuation. Administrative Protective Order (APO) This notice also serves as the only reminder to parties subject to an APO of their responsibility concerning the return, destruction, or conversion to judicial protective order of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation of the APO which may be subject to sanctions. Notification to Interested Parties KHAMMOND on DSK9W7S144PROD with NOTICES This five-year (sunset) review and this notice are in accordance with sections 751(c) and 751(d)(2) of the Act, and published in accordance with section 777(i) of the Act and 19 CFR 351.218(f)(4). Dated: February 5, 2025. Christopher Abbott, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2025–02454 Filed 2–10–25; 8:45 am] BILLING CODE 3510–DS–P 6 Id. VerDate Sep<11>2014 16:09 Feb 10, 2025 Jkt 265001 DEPARTMENT OF COMMERCE International Trade Administration [C–570–199] Temporary Steel Fencing From the People’s Republic of China: Initiation of Countervailing Duty Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable February 4, 2025. FOR FURTHER INFORMATION CONTACT: Janae Martin, Office VI, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0238. SUPPLEMENTARY INFORMATION: AGENCY: The Petition On January 15, 2025, the U.S. Department of Commerce (Commerce) received a countervailing duty (CVD) petition concerning imports of temporary steel fencing from the People’s Republic of China (China) filed in proper form on behalf of ZND US Inc. (the petitioner), a U.S. producer of temporary steel fencing.1 The CVD Petition was accompanied by an antidumping duty (AD) petition concerning imports of temporary steel fencing from China.2 Between January 17 and 29, 2025, Commerce requested supplemental information pertaining to certain aspects of the Petition in supplemental questionnaires.3 Between January 22 and 31, 2025, the petitioner filed timely responses to these requests for additional information.4 In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (the Act), the petitioner alleges that the Government of China (GOC) is providing countervailable subsidies, 1 See Petitioner’s Letter, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties,’’ dated January 15, 2025 (Petition). 2 Id. 3 See Commerce’s Letters, ‘‘Supplemental Questions,’’ dated January 17, 2025 (First General Issues Questionnaire); ‘‘Supplemental Questions,’’ dated January 22, 2025; ‘‘Supplemental Questions,’’ dated January 28, 2025; and ‘‘Supplemental Questions,’’ dated January 29, 2025 (Second General Issues Questionnaire). 4 See Petitioner’s Letters, ‘‘Petitioner’s Response to Commerce’s Supplemental Questions,’’ dated January 22, 2025 (First General Issues Supplement); ‘‘Petitioner’s Response to Commerce’s Supplemental Questions,’’ dated January 27, 2025; ‘‘Petitioner’s Second Response to Commerce’s Supplemental Question,’’ dated January 30, 2025; and ‘‘Petitioner’s Response to Commerce’s Supplemental Questions,’’ dated January 31, 2025 (Second General Issues Supplement). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 9311 within the meaning of sections 701 and 771(5) of the Act, to producers of temporary steel fencing in China, and that such imports are materially injuring, or threatening material injury to, the domestic industry producing temporary steel fencing in the United States. Consistent with section 702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged programs on which we are initiating a CVD investigation, the Petition was accompanied by information reasonably available to the petitioner supporting its allegations. Commerce finds that the petitioner filed the Petition on behalf of the domestic industry, because the petitioner is an interested party, as defined in section 771(9)(C) of the Act. Commerce also finds that the petitioner demonstrated sufficient industry support with respect to the initiation of the requested CVD investigation.5 Period of Investigation Because the Petition was filed on January 15, 2025, the period of investigation for the CVD investigation is January 1, 2024, through December 31, 2024.6 Scope of the Investigation The product covered by this investigation is temporary steel fencing from China. For a full description of the scope of this investigation, see the appendix to this notice. Comments on the Scope of the Investigation On January 17 and 29, 2025, Commerce requested information and clarification from the petitioner regarding the proposed scope to ensure that the scope language in the Petition is an accurate reflection of the products for which the domestic industry is seeking relief.7 On January 22 and 31, 2025, the petitioner provided clarifications and revised the scope.8 The description of merchandise covered by this investigation, as described in the appendix to this notice, reflects these clarifications. As discussed in the Preamble to Commerce’s regulations, we are setting aside a period for interested parties to raise issues regarding product coverage 5 See section on ‘‘Determination of Industry Support for the Petition,’’ infra. 6 See 19 CFR 351.204(b)(2). 7 See First General Issues Questionnaire; see also Second General Issues Questionnaire. 8 See First General Issues Supplement at I–Supp– 2 through I–Supp–9 and Exhibits I–4–Supp and I– 14–Supp through I–19–Supp; see also Second General Issues Supplement at 1–2 and Exhibits I– 4–Supp 2, I–22–Supp 2, and I–23–Supp 2. E:\FR\FM\11FEN1.SGM 11FEN1 9312 Federal Register / Vol. 90, No. 27 / Tuesday, February 11, 2025 / Notices (i.e., scope).9 Commerce will consider all comments received from interested parties and, if necessary, will consult with interested parties prior to the issuance of the preliminary determination. If scope comments include factual information, all such factual information should be limited to public information.10 To facilitate preparation of its questionnaires, Commerce requests that scope comments be submitted by 5:00 p.m. Eastern Time (ET) on February 24, 2025, which is 20 calendar days from the signature date of this notice. Any rebuttal comments, which may include factual information, and should also be limited to public information, must be filed by 5:00 p.m. ET on March 6, 2025, which is 10 calendar days from the initial comment deadline. Commerce requests that any factual information that parties consider relevant to the scope of the investigation be submitted during that time period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigation may be relevant, the party must contact Commerce and request permission to submit the additional information. All scope comments must be filed simultaneously on the records of the concurrent AD and CVD investigations. Filing Requirements All submissions to Commerce must be filed electronically via Enforcement and Compliance’s Antidumping Duty and Countervailing Duty Centralized Electronic Service System (ACCESS), unless an exception applies.11 An electronically filed document must be received successfully in its entirety by the time and date it is due. Consultations KHAMMOND on DSK9W7S144PROD with NOTICES Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce notified the GOC of the receipt of the Petition and provided an opportunity for consultations with respect to the 9 See Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 10 See 19 CFR 351.102(b)(21) (defining ‘‘factual information’’). 11 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and Compliance; Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014), for details of Commerce’s electronic filing requirements, effective August 5, 2011. Information on using ACCESS can be found at https://access.trade.gov/ help.aspx and a handbook can be found at https:// access.trade.gov/help/Handbook_on_Electronic_ Filing_Procedures.pdf. VerDate Sep<11>2014 16:09 Feb 10, 2025 Jkt 265001 Petition.12 The GOC did not request consultations.13 Determination of Industry Support for the Petition Section 702(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 702(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) at least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, Commerce shall: (i) poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the ‘‘industry.’’ Section 771(4)(A) of the Act defines the ‘‘industry’’ as the producers as a whole of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs Commerce to look to producers and workers who produce the domestic like product. The U.S. International Trade Commission (ITC), which is responsible for determining whether ‘‘the domestic industry’’ has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both Commerce and the ITC apply the same statutory definition regarding the domestic like product,14 they do so for different purposes and pursuant to a separate and distinct authority. In addition, Commerce’s determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law.15 12 See Commerce’s Letter, ‘‘Invitation for Consultation to Discuss the Countervailing Duty Petition,’’ dated January 15, 2025. 13 The GOC submitted comments on the CVD petition. See GOC’s Letter, ‘‘Comments on Countervailing Duty Petition,’’ dated January 27, 2025. 14 See section 771(10) of the Act. 15 See USEC, Inc. v. United States, 132 F.Supp.2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.Supp. 639, 644 (CIT 1988), aff’d Algoma Steel Corp., Ltd. v. United States, 865 F.2d 240 (Fed. Cir. 1989)). PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 Section 771(10) of the Act defines the domestic like product as ‘‘a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title.’’ Thus, the reference point from which the domestic like product analysis begins is ‘‘the article subject to an investigation’’ (i.e., the class or kind of merchandise to be investigated, which normally will be the scope as defined in the petition). With regard to the domestic like product, the petitioner does not offer a definition of the domestic like product distinct from the scope of the investigation.16 Based on our analysis of the information submitted on the record, we have determined that temporary steel fencing, as defined in the scope, constitutes a single domestic like product, and we have analyzed industry support in terms of that domestic like product.17 In determining whether the petitioner has standing under section 702(c)(4)(A) of the Act, we considered the industry support data contained in the Petition with reference to the domestic like product as defined in the ‘‘Scope of the Investigation,’’ in the appendix to this notice. To establish industry support, the petitioner provided the 2024 production of the domestic like product for the U.S. producers that support the Petition and compared this to the estimated total production of the domestic like product in 2024 by the entire U.S. temporary steel fencing industry.18 We relied on data provided by the petitioner for purposes of measuring industry support.19 Our review of the data provided in the Petition and other information readily available to Commerce indicates that the petitioner has established industry support for the Petition.20 First, the Petition established support from domestic producers (or workers) accounting for more than 50 percent of the total production of the domestic like product and, as such, Commerce is not 16 For a discussion of the domestic like product analysis as applied to this case and information regarding industry support, see Checklist, ‘‘Countervailing Duty Investigation Initiation Checklist: Temporary Steel Fencing from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (China CVD Initiation Checklist), at Attachment II, Analysis of Industry Support for the Antidumping and Countervailing Duty Petitions Covering Temporary Steel Fencing from the People’s Republic of China (Attachment II). This checklist is on file electronically via ACCESS. 17 See Attachment II of the China CVD Initiation Checklist. 18 Id. 19 For further discussion, see Attachment II of the China CVD Initiation Checklist. 20 Id. E:\FR\FM\11FEN1.SGM 11FEN1 Federal Register / Vol. 90, No. 27 / Tuesday, February 11, 2025 / Notices required to take further action in order to evaluate industry support (e.g., polling).21 Second, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(i) of the Act because the domestic producers (or workers) who support the Petition account for at least 25 percent of the total production of the domestic like product.22 Finally, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(ii) of the Act because the domestic producers (or workers) who support the Petition account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Petition.23 Accordingly, Commerce determines that the Petition was filed on behalf of the domestic industry within the meaning of section 702(b)(1) of the Act.24 Injury Test Because China is a ‘‘Subsidies Agreement Country’’ within the meaning of section 701(b) of the Act, section 701(a)(2) of the Act applies to this investigation. Accordingly, the ITC must determine whether imports of the subject merchandise from China materially injure, or threaten material injury to, a U.S. industry. Allegations and Evidence of Material Injury and Causation The petitioner alleges that imports of the subject merchandise are benefiting from countervailable subsidies and that such imports are causing, or threaten to cause, material injury to the U.S. industry producing the domestic like product. In addition, the petitioner alleges that subject imports from China exceed the negligibility threshold provided for under section 771(24)(A) of the Act.25 The petitioner contends that the industry’s injured condition is illustrated by the significant volume and market share of subject imports; underselling and price depression and/ or suppression; lost sales and revenues; and declines in the domestic industry’s production, capacity utilization, KHAMMOND on DSK9W7S144PROD with NOTICES 21 Id.; see also section 702(c)(4)(D) of the Act. Attachment II of the China CVD Initiation Checklist. 23 Id. 24 Id. 25 For further information regarding negligibility and the injury allegation, see China CVD Initiation Checklist at Attachment III, Analysis of Allegations and Evidence of Material Injury and Causation for the Antidumping and Countervailing Duty Petitions Covering Temporary Steel Fencing from the People’s Republic of China (Attachment III). 22 See VerDate Sep<11>2014 16:09 Feb 10, 2025 Jkt 265001 employment variables, and financial performances.26 We assessed the allegations and supporting evidence regarding material injury, threat of material injury, causation, cumulation, as well as negligibility, and we have determined that these allegations are properly supported by adequate evidence and meet the statutory requirements for initiation.27 Initiation of CVD Investigation Based upon the examination of the Petition and supplemental responses, we find that they meet the requirements of section 702 of the Act. Therefore, we are initiating a CVD investigation to determine whether imports of temporary steel fencing from China benefit from countervailable subsidies conferred by the GOC. In accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determination no later than 65 days after the date of this initiation. Based on our review of the Petition, we find that there is sufficient information to initiate a CVD investigation on 28 of the 30 programs alleged by the petitioner. For a full discussion of the basis for our decision to initiate on each program, see the China CVD Initiation Checklist. A public version of the initiation checklist for this investigation is available on ACCESS. Respondent Selection In the Petition, the petitioner identified over 150 companies in China as producers and/or exporters of temporary steel fencing.28 Commerce intends to follow its standard practice in CVD investigations and calculate company-specific subsidy rates in this investigation. In the event that Commerce determines that the number of companies is large and it cannot individually examine each company based on Commerce’s resources, Commerce intends to select mandatory respondents based on quantity and value (Q&V) questionnaires issued to the potential respondents. Commerce normally selects mandatory respondents in CVD investigations using U.S. Customs and Border Protection (CBP) entry data for U.S. imports under the appropriate Harmonized Tariff Schedule of the United States (HTSUS) subheading(s) listed in the ‘‘Scope of the Investigation’’ in the appendix. 26 Id. 27 Id. 28 See Petition at Volume I (page I–12 and Exhibit I–8); First General Issues Supplement at I–Supp–1 and Exhibit I–8 SUPP; see also Second General Issues Supplement at 1–2. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 9313 However, for these investigations, the main HTSUS subheading under which the subject merchandise would enter (7308.90.9590) is a basket category under which non-subject merchandise may also enter. Therefore, we cannot rely on CBP entry data in selecting respondents. Notwithstanding the decision to rely on Q&V questionnaires for respondent selection, due to the large number of producers and/or exporters identified in the Petition, Commerce has determined to limit the number of Q&V questionnaires that it will issue to exporters and producers based on CBP data for temporary steel fencing from China during the POI under the appropriate HTSUS subheading listed in the ‘‘Scope of the Investigation,’’ in the appendix.29 Accordingly, Commerce will send Q&V questionnaires to the largest producers and exporters that are identified in the CBP data for which there is complete address information on the record. Commerce will post the Q&V questionnaires along with filing instructions on Commerce’s website at https://www.trade.gov/ec-adcvd-caseannouncements. Producers/exporters of temporary steel fencing from China that do not receive Q&V questionnaires may still submit a response to the Q&V questionnaire and can obtain a copy of the Q&V questionnaire from Commerce’s website. Responses to the Q&V questionnaire must be submitted by the relevant Chinese producers/ exporters no later than 5:00 p.m. ET on February 18, 2025, which is two weeks from the signature date of this notice. All Q&V questionnaire responses must be filed electronically via ACCESS. An electronically filed document must be received successfully, in its entirety, by ACCESS no later than 5:00 p.m. ET on the deadline noted above. Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305(b). Instructions for filing such applications may be found on Commerce’s website at https://www.trade.gov/administrativeprotective-orders. Distribution of Copies of the Petition In accordance with section 702(b)(4)(A) of the Act and 19 CFR 351.202(f), a copy of the public version of the Petition has been provided to the GOC via ACCESS. To the extent practicable, we will attempt to provide a copy of the public version of the Petition to each exporter named in the 29 See Memorandum, ‘‘Release of U.S. Customs and Border Protection Entry Data,’’ dated January 30, 2025. E:\FR\FM\11FEN1.SGM 11FEN1 9314 Federal Register / Vol. 90, No. 27 / Tuesday, February 11, 2025 / Notices Petition, as provided under 19 CFR 351.203(c)(2). ITC Notification Commerce will notify the ITC of its initiation, as required by section 702(d) of the Act. Preliminary Determination by the ITC The ITC will preliminarily determine, within 45 days after the date on which the Petition was filed, whether there is a reasonable indication that imports of temporary steel fencing from China are materially injuring, or threatening material injury to, a U.S. industry.30 A negative ITC determination will result in the investigation being terminated.31 Otherwise, this CVD investigation will proceed according to statutory and regulatory time limits. Submission of Factual Information Factual information is defined in 19 CFR 351.102(b)(21) as: (i) evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors of production under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by Commerce; and (v) evidence other than factual information described in (i)–(iv). Section 351.301(b) of Commerce’s regulations requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted 32 and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct.33 Time limits for the submission of factual information are addressed in 19 CFR 351.301, which provides specific time limits based on the type of factual information being submitted. Interested parties should review the regulations prior to submitting factual information in this investigation. KHAMMOND on DSK9W7S144PROD with NOTICES Extensions of Time Limits section 703(a)(1) of the Act. 31 Id. 32 See 33 See 19 CFR 351.301(b). 19 CFR 351.301(b)(2). VerDate Sep<11>2014 16:09 Feb 10, 2025 Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.36 Parties must use the certification formats provided in 19 CFR 351.303(g).37 Commerce intends to reject factual submissions if the submitting party does not comply with the applicable certification requirements. Notification to Interested Parties Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305. Parties wishing to participate in this investigation should ensure that they meet the requirements of 19 CFR 351.103(d) (e.g., by filing the required letters of appearance). Note that Commerce has amended certain of its 34 See Parties may request an extension of time limits before the expiration of a time limit established under 19 CFR 351.301, or as otherwise specified by Commerce. In general, an extension request will be considered untimely if it 30 See is filed after the expiration of the time limit established under 19 CFR 351.301, or as otherwise specified by Commerce.34 For submissions that are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. ET on the due date. Under certain circumstances, Commerce may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, we will inform parties in a letter or memorandum of the deadline (including a specified time) by which extension requests must be filed to be considered timely. An extension request must be made in a separate, standalone submission; under limited circumstances we will grant untimely filed requests for the extension of time limits, where we determine, based on 19 CFR 351.302, that extraordinary circumstances exist. Parties should review Commerce’s regulations concerning the extension of time limits and the Time Limits Final Rule prior to submitting factual information in this investigation.35 Jkt 265001 19 CFR 351.302. 19 CFR 351.301; see also Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final Rule), available at https:// www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/201322853.htm. 36 See section 782(b) of the Act. 37 See Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also frequently asked questions regarding the Final Rule, available at https://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. 35 See PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 requirements pertaining to the service of documents in 19 CFR 351.303(f).38 This notice is issued and published pursuant to sections 702 and 777(i) of the Act, and 19 CFR 351.203(c). Dated: February 4, 2025. Christopher Abbott, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix Scope of the Investigation The merchandise subject to this investigation is temporary steel fencing. Temporary steel fencing consists of temporary steel fence panels and temporary steel fence stands. Temporary steel fence panels, when assembled with temporary steel fence stands or other types of stands outside of the scope, with each other, or with posts, create a free-standing fence. Temporary steel fence panels are covered by the scope regardless of whether they attach to a stand or the type of stand to which they connect. Temporary steel fence panels have a welded frame of steel tubing and an interior consisting of chain link, steel wire mesh, or other steel materials that are not more than 10 millimeters in actual diameter or width. The steel tubing may surround all edges of the temporary steel fence panel or only be attached along two parallel sides of the panel. All temporary steel fence panels with at least two framed sides are covered by the scope, regardless of the number of edges framed with steel tubing. Temporary steel fence panels are typically between 10 and 12 feet long and six to eight feet high, though all temporary steel fence panels are covered by the scope regardless of dimension or weight as long as a single panel is over six square feet in actual surface area and weighs more than four pounds. Temporary steel fence panels may be square, rectangular, or have rounded edges, and may or may not have gates, doors, wheels, or barbed wire or other features, though all temporary steel fence panels are covered by the scope regardless of shape and other features. Temporary steel fence panels may have one or more horizontal, vertical, or diagonal reinforcement tubes made of steel welded to the inside frame, though all temporary steel fence panels are covered by the scope regardless of the existence, number, or type of reinforcement tubes attached to the panel. Temporary steel fence panels may have extensions, pins, tubes, or holes at the bottom of the panel, but all temporary steel fence panels are covered regardless of the existence of such features. Steel fence stands are shapes made of steel that stand flat on the ground and have one or two open tubes or solid pins into which temporary steel fence panels are inserted to stand erect. The steel fence stand may be made of welded steel tubing or may be a flat 38 See Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 67069 (September 29, 2023). E:\FR\FM\11FEN1.SGM 11FEN1 9315 Federal Register / Vol. 90, No. 27 / Tuesday, February 11, 2025 / Notices steel plate with one or two tubes or pins welded onto the plate for connecting the panels. Temporary steel fencing is covered by the scope regardless of coating, painting, or other finish. Both temporary steel fence panels and temporary steel fence stands are covered by the scope, whether imported assembled or unassembled, and whether imported together or separately. Subject merchandise includes material matching the above description that has been finished, assembled, or packaged in a third country, including by coating, painting, assembling, attaching to, or packaging with another product, or any other finishing, assembly, or packaging operation that would not otherwise remove the merchandise from the scope of the investigation if performed in the country of manufacture of the temporary steel fencing. Temporary steel fencing is included in the scope of this investigation whether or not imported attached to, or in conjunction with, other parts and accessories such as posts, hooks, rings, brackets, couplers, clips, connectors, handles, brackets, or latches. If temporary steel fencing is imported attached to, or in conjunction with, such non-subject merchandise, only the temporary steel fencing is included in the scope. Merchandise covered by this investigation is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under the subheading 7308.90.9590. Subject merchandise may also enter under subheadings 7326.90.8688 and 7323.99.9080 of the HTSUS. The HTSUS subheadings set forth above are provided for convenience and U.S. Customs purposes only. The written description of the scope is dispositive. [FR Doc. 2025–02443 Filed 2–10–25; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration On October 18, 2023, Commerce initiated a review of the AD order on fish fillets from Vietnam 1 with respect to Vinh Hoan 2 for the period of review (POR) August 1, 2022, through July 31, 2023.3 On January 24, 2025, Commerce published its revocation of the Order with respect to Vinh Hoan as an exporter and producer of subject merchandise, effective August 1, 2021.4 Thus, Commerce is rescinding the review with respect to subject merchandise produced and exported by Vinh Hoan because there is no further basis for conducting an administrative review of the Order for the POR with respect to such merchandise. Consistent with Vinh Hoan’s revocation, Commerce will continue to review entries where Vinh Hoan was the exporter but not the producer of subject merchandise or where Vinh Hoan was the producer but not the exporter of subject merchandise to the extent the relevant exporter is subject to our ongoing review, as applicable. In accordance with the Revocation Notice, Commerce has instructed U.S. Customs and Border Protection to liquidate unliquidated entries of certain frozen fish fillets from Vietnam produced and exported by Vinh Hoan which were entered, or withdrawn from warehouse, for consumption on or after August 1, 2021, without regard to antidumping duties.5 Notification to Interested Parties Certain Frozen Fish Fillets From the Socialist Republic of Vietnam Administrative Review: Notice of Partial Rescission; 2022–2023 This notice is issued and published in accordance with 19 CFR 351.213(d)(4). Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On January 24, 2025, the U.S. Department of Commerce (Commerce) published a partial revocation of Vinh Hoan Corporation (Vinh Hoan) from the antidumping duty (AD) order on certain frozen fish fillets (fish fillets) from the Socialist Republic of Vietnam (Vietnam). As a result of this partial revocation, Commerce is rescinding the review with respect to entries that were produced and exported by Vinh Hoan. DATES: Applicable February 11, 2025. FOR FURTHER INFORMATION CONTACT: Javier Barrientos, AD/CVD Operations, VerDate Sep<11>2014 16:09 Feb 10, 2025 Jkt 265001 1 See Notice of Antidumping Duty Order: Certain Frozen Fish Fillets from the Socialist Republic of Vietnam, 68 FR 47909 (August 12, 2003) (Order). 2 The Vinh Hoan Corporation is a collapsed entity consisting of Vinh Hoan Corporation, Van Duc Food Export Joint Stock Company, Van Duc Tien Giang Food Export Company, Thanh Binh Dong Thap One Member Company Limited, and Vinh Phuoc Food Company Limited. See Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2018–2019, 86 FR 36102 (July 8, 2021), and accompanying Issues and Decision Memorandum at Comment 8. 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 71829, 71835 (October 18, 2023). 4 See Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Notice of Partial Revocation of the Antidumping Duty Order, 90 FR 8120 (January 24, 2025) (Revocation Notice). 5 Id. PO 00000 Frm 00015 Dated: February 5, 2025. Scot Fullerton, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2025–02482 Filed 2–10–25; 8:45 am] BILLING CODE 3510–DS–P Background [A–552–801] AGENCY: KHAMMOND on DSK9W7S144PROD with NOTICES Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2243. SUPPLEMENTARY INFORMATION: Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [A–570–198] Temporary Steel Fencing From the People’s Republic of China: Initiation of Less-Than-Fair-Value Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable February 4, 2025. FOR FURTHER INFORMATION CONTACT: Robert Palmer, Office VIII, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–9068. SUPPLEMENTARY INFORMATION: AGENCY: The Petition On January 15, 2025, the U.S. Department of Commerce (Commerce) received an antidumping duty (AD) petition concerning imports of temporary steel fencing from the People’s Republic of China (China) filed in proper form on behalf of ZND US Inc. (the petitioner), a U.S. producer of temporary steel fencing.1 The AD Petition was accompanied by a countervailing duty (CVD) petition concerning imports of temporary steel fencing from China.2 On January 17 and 29, 2025, Commerce requested supplemental information pertaining to certain aspects of the Petition in supplemental questionnaires.3 On January 22, 30, and 31, 2025, the petitioner filed timely responses to these requests for additional information.4 1 See Petitioner’s Letter, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties,’’ dated January 15, 2025 (Petition). 2 Id. 3 See Commerce’s Letters, ‘‘Supplemental Questions,’’ dated January 17, 2025 (General Issues Questionnaire); ‘‘Supplemental Questions,’’ dated January 17, 2025; ‘‘Supplemental Questions,’’ dated January 29, 2025; and ‘‘Supplemental Questions,’’ dated January 29, 2025 (Second General Issues Questionnaire). 4 See Petitioner’s Letters, ‘‘Petitioner’s Response to Commerce’s Supplemental Questions,’’ dated January 22, 2025 (First General Issues Supplement); ‘‘Petitioner’s Response to Commerce’s E:\FR\FM\11FEN1.SGM Continued 11FEN1

Agencies

[Federal Register Volume 90, Number 27 (Tuesday, February 11, 2025)]
[Notices]
[Pages 9311-9315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02443]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-199]


Temporary Steel Fencing From the People's Republic of China: 
Initiation of Countervailing Duty Investigation

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

DATES: Applicable February 4, 2025.

FOR FURTHER INFORMATION CONTACT: Janae Martin, Office VI, AD/CVD 
Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-0238.

SUPPLEMENTARY INFORMATION:

The Petition

    On January 15, 2025, the U.S. Department of Commerce (Commerce) 
received a countervailing duty (CVD) petition concerning imports of 
temporary steel fencing from the People's Republic of China (China) 
filed in proper form on behalf of ZND US Inc. (the petitioner), a U.S. 
producer of temporary steel fencing.\1\ The CVD Petition was 
accompanied by an antidumping duty (AD) petition concerning imports of 
temporary steel fencing from China.\2\
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    \1\ See Petitioner's Letter, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties,'' dated January 15, 2025 
(Petition).
    \2\ Id.
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    Between January 17 and 29, 2025, Commerce requested supplemental 
information pertaining to certain aspects of the Petition in 
supplemental questionnaires.\3\ Between January 22 and 31, 2025, the 
petitioner filed timely responses to these requests for additional 
information.\4\
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    \3\ See Commerce's Letters, ``Supplemental Questions,'' dated 
January 17, 2025 (First General Issues Questionnaire); 
``Supplemental Questions,'' dated January 22, 2025; ``Supplemental 
Questions,'' dated January 28, 2025; and ``Supplemental Questions,'' 
dated January 29, 2025 (Second General Issues Questionnaire).
    \4\ See Petitioner's Letters, ``Petitioner's Response to 
Commerce's Supplemental Questions,'' dated January 22, 2025 (First 
General Issues Supplement); ``Petitioner's Response to Commerce's 
Supplemental Questions,'' dated January 27, 2025; ``Petitioner's 
Second Response to Commerce's Supplemental Question,'' dated January 
30, 2025; and ``Petitioner's Response to Commerce's Supplemental 
Questions,'' dated January 31, 2025 (Second General Issues 
Supplement).
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    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that the Government of China 
(GOC) is providing countervailable subsidies, within the meaning of 
sections 701 and 771(5) of the Act, to producers of temporary steel 
fencing in China, and that such imports are materially injuring, or 
threatening material injury to, the domestic industry producing 
temporary steel fencing in the United States. Consistent with section 
702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged programs 
on which we are initiating a CVD investigation, the Petition was 
accompanied by information reasonably available to the petitioner 
supporting its allegations.
    Commerce finds that the petitioner filed the Petition on behalf of 
the domestic industry, because the petitioner is an interested party, 
as defined in section 771(9)(C) of the Act. Commerce also finds that 
the petitioner demonstrated sufficient industry support with respect to 
the initiation of the requested CVD investigation.\5\
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    \5\ See section on ``Determination of Industry Support for the 
Petition,'' infra.
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Period of Investigation

    Because the Petition was filed on January 15, 2025, the period of 
investigation for the CVD investigation is January 1, 2024, through 
December 31, 2024.\6\
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    \6\ See 19 CFR 351.204(b)(2).
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Scope of the Investigation

    The product covered by this investigation is temporary steel 
fencing from China. For a full description of the scope of this 
investigation, see the appendix to this notice.

Comments on the Scope of the Investigation

    On January 17 and 29, 2025, Commerce requested information and 
clarification from the petitioner regarding the proposed scope to 
ensure that the scope language in the Petition is an accurate 
reflection of the products for which the domestic industry is seeking 
relief.\7\ On January 22 and 31, 2025, the petitioner provided 
clarifications and revised the scope.\8\ The description of merchandise 
covered by this investigation, as described in the appendix to this 
notice, reflects these clarifications.
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    \7\ See First General Issues Questionnaire; see also Second 
General Issues Questionnaire.
    \8\ See First General Issues Supplement at I-Supp-2 through I-
Supp-9 and Exhibits I-4-Supp and I-14-Supp through I-19-Supp; see 
also Second General Issues Supplement at 1-2 and Exhibits I-4-Supp 
2, I-22-Supp 2, and I-23-Supp 2.
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    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage

[[Page 9312]]

(i.e., scope).\9\ Commerce will consider all comments received from 
interested parties and, if necessary, will consult with interested 
parties prior to the issuance of the preliminary determination. If 
scope comments include factual information, all such factual 
information should be limited to public information.\10\ To facilitate 
preparation of its questionnaires, Commerce requests that scope 
comments be submitted by 5:00 p.m. Eastern Time (ET) on February 24, 
2025, which is 20 calendar days from the signature date of this notice. 
Any rebuttal comments, which may include factual information, and 
should also be limited to public information, must be filed by 5:00 
p.m. ET on March 6, 2025, which is 10 calendar days from the initial 
comment deadline.
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    \9\ See Antidumping Duties; Countervailing Duties; Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \10\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
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    Commerce requests that any factual information that parties 
consider relevant to the scope of the investigation be submitted during 
that time period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of the 
investigation may be relevant, the party must contact Commerce and 
request permission to submit the additional information. All scope 
comments must be filed simultaneously on the records of the concurrent 
AD and CVD investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically via 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS), unless an exception 
applies.\11\ An electronically filed document must be received 
successfully in its entirety by the time and date it is due.
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    \11\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014), for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on using ACCESS 
can be found at https://access.trade.gov/help.aspx and a handbook 
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
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Consultations

    Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce 
notified the GOC of the receipt of the Petition and provided an 
opportunity for consultations with respect to the Petition.\12\ The GOC 
did not request consultations.\13\
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    \12\ See Commerce's Letter, ``Invitation for Consultation to 
Discuss the Countervailing Duty Petition,'' dated January 15, 2025.
    \13\ The GOC submitted comments on the CVD petition. See GOC's 
Letter, ``Comments on Countervailing Duty Petition,'' dated January 
27, 2025.
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Determination of Industry Support for the Petition

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) at least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The U.S. International Trade Commission (ITC), 
which is responsible for determining whether ``the domestic industry'' 
has been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC apply the same statutory definition regarding the domestic like 
product,\14\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\15\
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    \14\ See section 771(10) of the Act.
    \15\ See USEC, Inc. v. United States, 132 F.Supp.2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.Supp. 
639, 644 (CIT 1988), aff'd Algoma Steel Corp., Ltd. v. United 
States, 865 F.2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the investigation.\16\ Based on our analysis of the information 
submitted on the record, we have determined that temporary steel 
fencing, as defined in the scope, constitutes a single domestic like 
product, and we have analyzed industry support in terms of that 
domestic like product.\17\
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    \16\ For a discussion of the domestic like product analysis as 
applied to this case and information regarding industry support, see 
Checklist, ``Countervailing Duty Investigation Initiation Checklist: 
Temporary Steel Fencing from the People's Republic of China,'' dated 
concurrently with, and hereby adopted by, this notice (China CVD 
Initiation Checklist), at Attachment II, Analysis of Industry 
Support for the Antidumping and Countervailing Duty Petitions 
Covering Temporary Steel Fencing from the People's Republic of China 
(Attachment II). This checklist is on file electronically via 
ACCESS.
    \17\ See Attachment II of the China CVD Initiation Checklist.
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    In determining whether the petitioner has standing under section 
702(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition with reference to the domestic like product 
as defined in the ``Scope of the Investigation,'' in the appendix to 
this notice. To establish industry support, the petitioner provided the 
2024 production of the domestic like product for the U.S. producers 
that support the Petition and compared this to the estimated total 
production of the domestic like product in 2024 by the entire U.S. 
temporary steel fencing industry.\18\ We relied on data provided by the 
petitioner for purposes of measuring industry support.\19\
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    \18\ Id.
    \19\ For further discussion, see Attachment II of the China CVD 
Initiation Checklist.
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    Our review of the data provided in the Petition and other 
information readily available to Commerce indicates that the petitioner 
has established industry support for the Petition.\20\ First, the 
Petition established support from domestic producers (or workers) 
accounting for more than 50 percent of the total production of the 
domestic like product and, as such, Commerce is not

[[Page 9313]]

required to take further action in order to evaluate industry support 
(e.g., polling).\21\ Second, the domestic producers (or workers) have 
met the statutory criteria for industry support under section 
702(c)(4)(A)(i) of the Act because the domestic producers (or workers) 
who support the Petition account for at least 25 percent of the total 
production of the domestic like product.\22\ Finally, the domestic 
producers (or workers) have met the statutory criteria for industry 
support under section 702(c)(4)(A)(ii) of the Act because the domestic 
producers (or workers) who support the Petition account for more than 
50 percent of the production of the domestic like product produced by 
that portion of the industry expressing support for, or opposition to, 
the Petition.\23\ Accordingly, Commerce determines that the Petition 
was filed on behalf of the domestic industry within the meaning of 
section 702(b)(1) of the Act.\24\
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    \20\ Id.
    \21\ Id.; see also section 702(c)(4)(D) of the Act.
    \22\ See Attachment II of the China CVD Initiation Checklist.
    \23\ Id.
    \24\ Id.
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Injury Test

    Because China is a ``Subsidies Agreement Country'' within the 
meaning of section 701(b) of the Act, section 701(a)(2) of the Act 
applies to this investigation. Accordingly, the ITC must determine 
whether imports of the subject merchandise from China materially 
injure, or threaten material injury to, a U.S. industry.

Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that imports of the subject merchandise are 
benefiting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. In addition, the petitioner 
alleges that subject imports from China exceed the negligibility 
threshold provided for under section 771(24)(A) of the Act.\25\
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    \25\ For further information regarding negligibility and the 
injury allegation, see China CVD Initiation Checklist at Attachment 
III, Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petitions 
Covering Temporary Steel Fencing from the People's Republic of China 
(Attachment III).
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    The petitioner contends that the industry's injured condition is 
illustrated by the significant volume and market share of subject 
imports; underselling and price depression and/or suppression; lost 
sales and revenues; and declines in the domestic industry's production, 
capacity utilization, employment variables, and financial 
performances.\26\ We assessed the allegations and supporting evidence 
regarding material injury, threat of material injury, causation, 
cumulation, as well as negligibility, and we have determined that these 
allegations are properly supported by adequate evidence and meet the 
statutory requirements for initiation.\27\
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    \26\ Id.
    \27\ Id.
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Initiation of CVD Investigation

    Based upon the examination of the Petition and supplemental 
responses, we find that they meet the requirements of section 702 of 
the Act. Therefore, we are initiating a CVD investigation to determine 
whether imports of temporary steel fencing from China benefit from 
countervailable subsidies conferred by the GOC. In accordance with 
section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless 
postponed, we will make our preliminary determination no later than 65 
days after the date of this initiation.
    Based on our review of the Petition, we find that there is 
sufficient information to initiate a CVD investigation on 28 of the 30 
programs alleged by the petitioner. For a full discussion of the basis 
for our decision to initiate on each program, see the China CVD 
Initiation Checklist. A public version of the initiation checklist for 
this investigation is available on ACCESS.

Respondent Selection

    In the Petition, the petitioner identified over 150 companies in 
China as producers and/or exporters of temporary steel fencing.\28\ 
Commerce intends to follow its standard practice in CVD investigations 
and calculate company-specific subsidy rates in this investigation. In 
the event that Commerce determines that the number of companies is 
large and it cannot individually examine each company based on 
Commerce's resources, Commerce intends to select mandatory respondents 
based on quantity and value (Q&V) questionnaires issued to the 
potential respondents. Commerce normally selects mandatory respondents 
in CVD investigations using U.S. Customs and Border Protection (CBP) 
entry data for U.S. imports under the appropriate Harmonized Tariff 
Schedule of the United States (HTSUS) subheading(s) listed in the 
``Scope of the Investigation'' in the appendix. However, for these 
investigations, the main HTSUS subheading under which the subject 
merchandise would enter (7308.90.9590) is a basket category under which 
non-subject merchandise may also enter. Therefore, we cannot rely on 
CBP entry data in selecting respondents. Notwithstanding the decision 
to rely on Q&V questionnaires for respondent selection, due to the 
large number of producers and/or exporters identified in the Petition, 
Commerce has determined to limit the number of Q&V questionnaires that 
it will issue to exporters and producers based on CBP data for 
temporary steel fencing from China during the POI under the appropriate 
HTSUS subheading listed in the ``Scope of the Investigation,'' in the 
appendix.\29\ Accordingly, Commerce will send Q&V questionnaires to the 
largest producers and exporters that are identified in the CBP data for 
which there is complete address information on the record.
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    \28\ See Petition at Volume I (page I-12 and Exhibit I-8); First 
General Issues Supplement at I-Supp-1 and Exhibit I-8 SUPP; see also 
Second General Issues Supplement at 1-2.
    \29\ See Memorandum, ``Release of U.S. Customs and Border 
Protection Entry Data,'' dated January 30, 2025.
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    Commerce will post the Q&V questionnaires along with filing 
instructions on Commerce's website at https://www.trade.gov/ec-adcvd-case-announcements. Producers/exporters of temporary steel fencing from 
China that do not receive Q&V questionnaires may still submit a 
response to the Q&V questionnaire and can obtain a copy of the Q&V 
questionnaire from Commerce's website. Responses to the Q&V 
questionnaire must be submitted by the relevant Chinese producers/
exporters no later than 5:00 p.m. ET on February 18, 2025, which is two 
weeks from the signature date of this notice. All Q&V questionnaire 
responses must be filed electronically via ACCESS. An electronically 
filed document must be received successfully, in its entirety, by 
ACCESS no later than 5:00 p.m. ET on the deadline noted above.
    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305(b). Instructions for filing such 
applications may be found on Commerce's website at https://www.trade.gov/administrative-protective-orders.

Distribution of Copies of the Petition

    In accordance with section 702(b)(4)(A) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petition has been 
provided to the GOC via ACCESS. To the extent practicable, we will 
attempt to provide a copy of the public version of the Petition to each 
exporter named in the

[[Page 9314]]

Petition, as provided under 19 CFR 351.203(c)(2).

ITC Notification

    Commerce will notify the ITC of its initiation, as required by 
section 702(d) of the Act.

Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition was filed, whether there is a reasonable 
indication that imports of temporary steel fencing from China are 
materially injuring, or threatening material injury to, a U.S. 
industry.\30\ A negative ITC determination will result in the 
investigation being terminated.\31\ Otherwise, this CVD investigation 
will proceed according to statutory and regulatory time limits.
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    \30\ See section 703(a)(1) of the Act.
    \31\ Id.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors of production under 19 CFR 351.408(c) or 
to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); 
(iv) evidence placed on the record by Commerce; and (v) evidence other 
than factual information described in (i)-(iv). Section 351.301(b) of 
Commerce's regulations requires any party, when submitting factual 
information, to specify under which subsection of 19 CFR 351.102(b)(21) 
the information is being submitted \32\ and, if the information is 
submitted to rebut, clarify, or correct factual information already on 
the record, to provide an explanation identifying the information 
already on the record that the factual information seeks to rebut, 
clarify, or correct.\33\ Time limits for the submission of factual 
information are addressed in 19 CFR 351.301, which provides specific 
time limits based on the type of factual information being submitted. 
Interested parties should review the regulations prior to submitting 
factual information in this investigation.
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    \32\ See 19 CFR 351.301(b).
    \33\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by Commerce. In general, an extension request will 
be considered untimely if it is filed after the expiration of the time 
limit established under 19 CFR 351.301, or as otherwise specified by 
Commerce.\34\ For submissions that are due from multiple parties 
simultaneously, an extension request will be considered untimely if it 
is filed after 10:00 a.m. ET on the due date. Under certain 
circumstances, Commerce may elect to specify a different time limit by 
which extension requests will be considered untimely for submissions 
which are due from multiple parties simultaneously. In such a case, we 
will inform parties in a letter or memorandum of the deadline 
(including a specified time) by which extension requests must be filed 
to be considered timely. An extension request must be made in a 
separate, standalone submission; under limited circumstances we will 
grant untimely filed requests for the extension of time limits, where 
we determine, based on 19 CFR 351.302, that extraordinary circumstances 
exist. Parties should review Commerce's regulations concerning the 
extension of time limits and the Time Limits Final Rule prior to 
submitting factual information in this investigation.\35\
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    \34\ See 19 CFR 351.302.
    \35\ See 19 CFR 351.301; see also Extension of Time Limits; 
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final 
Rule), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
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Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\36\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\37\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \36\ See section 782(b) of the Act.
    \37\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also 
frequently asked questions regarding the Final Rule, available at 
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. Parties wishing to participate 
in this investigation should ensure that they meet the requirements of 
19 CFR 351.103(d) (e.g., by filing the required letters of appearance). 
Note that Commerce has amended certain of its requirements pertaining 
to the service of documents in 19 CFR 351.303(f).\38\
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    \38\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 
67069 (September 29, 2023).
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    This notice is issued and published pursuant to sections 702 and 
777(i) of the Act, and 19 CFR 351.203(c).

    Dated: February 4, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix

Scope of the Investigation

    The merchandise subject to this investigation is temporary steel 
fencing. Temporary steel fencing consists of temporary steel fence 
panels and temporary steel fence stands. Temporary steel fence 
panels, when assembled with temporary steel fence stands or other 
types of stands outside of the scope, with each other, or with 
posts, create a free-standing fence. Temporary steel fence panels 
are covered by the scope regardless of whether they attach to a 
stand or the type of stand to which they connect.
    Temporary steel fence panels have a welded frame of steel tubing 
and an interior consisting of chain link, steel wire mesh, or other 
steel materials that are not more than 10 millimeters in actual 
diameter or width. The steel tubing may surround all edges of the 
temporary steel fence panel or only be attached along two parallel 
sides of the panel. All temporary steel fence panels with at least 
two framed sides are covered by the scope, regardless of the number 
of edges framed with steel tubing.
    Temporary steel fence panels are typically between 10 and 12 
feet long and six to eight feet high, though all temporary steel 
fence panels are covered by the scope regardless of dimension or 
weight as long as a single panel is over six square feet in actual 
surface area and weighs more than four pounds. Temporary steel fence 
panels may be square, rectangular, or have rounded edges, and may or 
may not have gates, doors, wheels, or barbed wire or other features, 
though all temporary steel fence panels are covered by the scope 
regardless of shape and other features. Temporary steel fence panels 
may have one or more horizontal, vertical, or diagonal reinforcement 
tubes made of steel welded to the inside frame, though all temporary 
steel fence panels are covered by the scope regardless of the 
existence, number, or type of reinforcement tubes attached to the 
panel. Temporary steel fence panels may have extensions, pins, 
tubes, or holes at the bottom of the panel, but all temporary steel 
fence panels are covered regardless of the existence of such 
features.
    Steel fence stands are shapes made of steel that stand flat on 
the ground and have one or two open tubes or solid pins into which 
temporary steel fence panels are inserted to stand erect. The steel 
fence stand may be made of welded steel tubing or may be a flat

[[Page 9315]]

steel plate with one or two tubes or pins welded onto the plate for 
connecting the panels.
    Temporary steel fencing is covered by the scope regardless of 
coating, painting, or other finish. Both temporary steel fence 
panels and temporary steel fence stands are covered by the scope, 
whether imported assembled or unassembled, and whether imported 
together or separately.
    Subject merchandise includes material matching the above 
description that has been finished, assembled, or packaged in a 
third country, including by coating, painting, assembling, attaching 
to, or packaging with another product, or any other finishing, 
assembly, or packaging operation that would not otherwise remove the 
merchandise from the scope of the investigation if performed in the 
country of manufacture of the temporary steel fencing.
    Temporary steel fencing is included in the scope of this 
investigation whether or not imported attached to, or in conjunction 
with, other parts and accessories such as posts, hooks, rings, 
brackets, couplers, clips, connectors, handles, brackets, or 
latches. If temporary steel fencing is imported attached to, or in 
conjunction with, such non-subject merchandise, only the temporary 
steel fencing is included in the scope.
    Merchandise covered by this investigation is currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) under the subheading 7308.90.9590. Subject merchandise may 
also enter under subheadings 7326.90.8688 and 7323.99.9080 of the 
HTSUS. The HTSUS subheadings set forth above are provided for 
convenience and U.S. Customs purposes only. The written description 
of the scope is dispositive.

[FR Doc. 2025-02443 Filed 2-10-25; 8:45 am]
BILLING CODE 3510-DS-P
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