80_FR_17471 80 FR 17409 - Boltless Steel Shelving Units Prepackaged for Sale from the People's Republic of China: Preliminary Determination of Sales at Less Than Fair Value

80 FR 17409 - Boltless Steel Shelving Units Prepackaged for Sale from the People's Republic of China: Preliminary Determination of Sales at Less Than Fair Value

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 62 (April 1, 2015)

Page Range17409-17411
FR Document2015-07475

The Department of Commerce (``Department'') preliminarily determines that boltless steel shelving units prepackaged for sale from the People's Republic of China (``PRC'') are being, or are likely to be, sold in the United States at less than fair value (``LTFV''), as provided in section 733 of the Tariff Act of 1930, as amended (``the Act''). The period of investigation (``POI'') is January 1, 2014, through June 30, 2014. The estimated margins of sales at LTFV are shown in the ``Preliminary Determination'' section of this notice. The final determination will be issued 75 days after publication of this preliminary determination in the Federal Register. Interested parties are invited to comment on this preliminary determination.

Federal Register, Volume 80 Issue 62 (Wednesday, April 1, 2015)
[Federal Register Volume 80, Number 62 (Wednesday, April 1, 2015)]
[Notices]
[Pages 17409-17411]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07475]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-018]


Boltless Steel Shelving Units Prepackaged for Sale from the 
People's Republic of China: Preliminary Determination of Sales at Less 
Than Fair Value

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

DATES: Effective Date: April 1, 2015.

SUMMARY: The Department of Commerce (``Department'') preliminarily 
determines that boltless steel shelving units prepackaged for sale from 
the People's Republic of China (``PRC'') are being, or are likely to 
be, sold in the United States at less than fair value (``LTFV''), as 
provided in section 733 of the Tariff Act of 1930, as amended (``the 
Act''). The period of investigation (``POI'') is January 1, 2014, 
through June 30, 2014. The estimated margins of sales at LTFV are shown 
in the ``Preliminary Determination'' section of this notice. The final 
determination will be issued 75 days after publication of this 
preliminary determination in the Federal Register. Interested parties 
are invited to comment on this preliminary determination.

FOR FURTHER INFORMATION CONTACT: Kabir Archuletta or Josh Startup, AD/
CVD Operations, Office V, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
2593 or (202) 482-5260, respectively.

SUPPLEMENTARY INFORMATION:

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)

[[Page 17410]]

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; \1\
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    \1\ 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.
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     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 
subheadings 9403.20.0018 and 9403.20.0020, but may also enter through 
HTSUS 9403.10.0040. While HTSUS subheadings are provided for 
convenience and Customs purposes, the written description of the scope 
of this investigation is dispositive.

Methodology

    The Department conducted this investigation in accordance with 
section 731 of the Act. We calculated export prices and constructed 
export prices in accordance with section 772 of the Act. Because the 
PRC is a non-market economy within the meaning of section 771(18) of 
the Act, normal value (``NV'') was calculated in accordance with 
section 773(c) of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum hereby adopted by 
this notice.\2\ The Preliminary Decision Memorandum is a public 
document and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (``ACCESS''). ACCESS is available to registered users at http://access.trade.gov, and is available to all parties in the Central 
Records Unit, room 7046 of the main Department of Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly on the Internet at http://trade.gov/enforcement//. 
The signed Preliminary Decision Memorandum and the electronic version 
of the Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \2\ See ``Decision Memorandum for Preliminary Determination for 
the Antidumping Duty Investigation of Boltless Steel Shelving Units 
Prepackaged for Sale from the People's Republic of China from the 
People's Republic of China,'' from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
dated concurrently with this notice (``Preliminary Decision 
Memorandum'').
---------------------------------------------------------------------------

Combination Rates

    In the Initiation Notice,\3\ the Department stated that it would 
calculate combination rates for the respondents that are eligible for a 
separate rate in this investigation. Policy Bulletin 05.1 describes 
this practice.\4\
---------------------------------------------------------------------------

    \3\ See Boltless Steel Shelving Units Prepackaged for Sale from 
the People's Republic of China: Initiation of Antidumping Duty 
Investigation, 79 FR 56562, 56566 (September 22, 2014) (``Initiation 
Notice'').
    \4\ 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,'' (April 5, 2005) (``Policy Bulletin 05.1''), available 
on the Department's Web site at http://enforcement.trade.gov/policy/bull05-1.pdf.
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Preliminary Determination

    The preliminary weighted-average antidumping duty (``AD'') margin 
percentages are as follows:

------------------------------------------------------------------------
                                                             Weighted-
            Exporter                     Producer         average margin
                                                             (percent)
------------------------------------------------------------------------
Zhongda United Holding Group     Jiaxing Zhongda                   22.64
 Co., Ltd.                        Metalwork Co., Ltd..
Jiaxing Zhongda Import & Export  Jiaxing Zhongda                   22.64
 Co., Ltd.                        Metalwork Co., Ltd.
Nanjing Topsun Racking           Nanjing Topsun Racking            85.26
 Manufacturing Co., Ltd.          Manufacturing Co., Ltd.
Ningbo ETDZ Huixing Trade Co.,   Haifa (Ningbo) Office             50.23
 Ltd.                             Equipment Co., Ltd.
Ningbo ETDZ Huixing Trade Co.,   Ningbo Decko Metal                50.23
 Ltd.                             Products Trade Co.,
                                  Ltd.
Ningbo ETDZ Huixing Trade Co.,   Lianfa Metal Product              50.23
 Ltd.                             Co., Ltd.
Meridian International Co., Ltd  Zhejiang Limai Metal              50.23
                                  Products Co. Ltd.
Zhejiang Limai Metal Products    Zhejiang Limai Metal              50.23
 Co., Ltd.                        Products Co., Ltd.
PRC-Wide Entity................  .......................          112.68
------------------------------------------------------------------------

Disclosure and Public Comment

    We intend to disclose the calculations performed to parties in this 
proceeding within five days of the date of publication of this notice 
in accordance with 19 CFR 351.224(b). Case briefs or other written 
comments may be submitted to the Assistant Secretary for Enforcement 
and Compliance no later than seven days after the date on which the 
final verification report is issued in this proceeding and rebuttal 
briefs, limited to issues raised in case briefs, may be submitted no 
later than five days after the deadline date for case briefs.\5\ A 
table of contents, list of authorities used, and an executive summary 
of issues should accompany any briefs submitted to the Department.
---------------------------------------------------------------------------

    \5\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing, or to participate 
if one is requested, must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce, 
filed electronically at Enforcement and Compliance's electronic records 
system, ACCESS. An electronically filed document must be received 
successfully in its entirety by the Department's electronic records 
system, ACCESS, by 5:00 p.m. Eastern Standard Time, within

[[Page 17411]]

30 days after the date of publication of this notice.\6\ Hearing 
requests should contain the party's name, address, and telephone 
number, the number of participants, and a list of the issues you intend 
to present at the hearing. If a request for a hearing is made, the 
Department intends to hold the hearing at the U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230, at a time and location to be determined. Parties should confirm 
by telephone the date, time, and location of the hearing two days 
before the scheduled date.
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    \6\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    Pursuant to section 735(a)(1) of the Act, we will make our final 
determination no later than 75 days after the date of publication of 
this preliminary determination.

Suspension of Liquidation

    In accordance with section 733(d) of the Act the Department will 
instruct U.S. Customs and Border Protection (``CBP'') to suspend 
liquidation of all entries of boltless steel shelving units prepackaged 
for sale from the PRC, as described in the ``Scope of the 
Investigation'' section, entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of this notice in the 
Federal Register.
    Pursuant to 19 CFR 351.205(d), the Department will instruct CBP to 
require a cash deposit \7\ equal to the weighted-average amount by 
which NV exceeds U.S. price, adjusted where appropriate for export 
subsidies and estimated domestic subsidy pass-through,\8\ as follows: 
(1) the cash deposit rate for the exporter/producer combinations listed 
in the table above will be the rate the Department determines in this 
preliminary determination; (2) for all combinations of PRC exporters/
producers of merchandise under consideration that have not received 
their own separate rate above, the cash-deposit rate will be the cash 
deposit rate established for the PRC-wide entity; and (3) for all non-
PRC exporters of merchandise under consideration which have not 
received their own separate rate above, the cash-deposit rate will be 
the cash deposit rate applicable to the PRC exporter/producer 
combination that supplied that non-PRC exporter.
---------------------------------------------------------------------------

    \7\ See Modification of Regulations Regarding the Practice of 
Accepting Bonds During the Provisional Measures Period in 
Antidumping and Countervailing Duty Investigations, 76 FR 61042 
(October 3, 2011).
    \8\ See sections 772(c)(1)(C) and 777A(f) of the Act, 
respectively. Unlike in administrative reviews, the Department 
calculates the adjustment for export subsidies in investigations not 
in the margin calculation program, but in the cash deposit 
instructions issued to CBP. See Notice of Final Determination of 
Sales at Less Than Fair Value, and Negative Determination of 
Critical Circumstances: Certain Lined Paper Products from India, 71 
FR 45012 (August 8, 2006), and accompanying Issues and Decision 
Memorandum at Comment 1.
---------------------------------------------------------------------------

    Furthermore, consistent with our practice, where the product under 
investigation is also subject to a concurrent countervailing duty 
investigation, we instruct CBP to require a cash deposit equal to the 
amount by which the normal value exceeds the export price or 
constructed export price, less the amount of the countervailing duty 
determined to constitute an export subsidy. In this LTFV investigation, 
export subsidies constitute 3.03 percent \9\ of the preliminarily 
calculated countervailing duty rate in the concurrent countervailing 
duty investigation, and, thus, we will offset the calculated rates for 
the mandatory respondents and the PRC-wide rate of 112.68 percent by 
the countervailing duty rate attributable to export subsidies (i.e., 
3.03 percent) to calculate the cash deposit rate for this LTFV 
investigation. Additionally, the Department did not adjust the 
preliminary determination AD margins for estimated domestic subsidy 
pass-through because respondents provided no information to support an 
adjustment pursuant to section 777A(f) of the Act.\10\
---------------------------------------------------------------------------

    \9\ The following subsidy programs in the preliminary 
determination of the concurrent countervailing duty investigation 
are export subsidies: Export Seller's Credits and Export Buyer's 
Credits from the Export-Import Bank of China (1.76 percent), GOC and 
Sub-Central Government Subsidies for the Development of Famous 
Brands and World Top Brands (0.58 percent), International Market 
Exploration (SME) Fund (0.58 percent), Export Assistance/Outward 
Expansion Grants in Guangdong Province (0.08 percent), Export Credit 
Insurance (0.01 percent), Export Subsidy for High-Tech Merchandise 
(0.02 percent). See Countervailing Duty Investigation of Boltless 
Steel Shelving Units Prepackaged for Sale From the People's Republic 
of China: Preliminary Determination and Alignment of Final 
Determination With Final Antidumping Duty Determination, 80 FR 5089 
(January 30, 2015), and accompanying Preliminary Decision Memorandum 
at 14-15.
    \10\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------

International Trade Commission (``ITC'') Notification

    In accordance with section 733(f) of the Act, we notified the ITC 
of our preliminary affirmative determination of sales at LTFV. Section 
735(b)(2) of the Act requires the ITC to 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 units prepackaged for sale, or sales (or the 
likelihood of sales) for importation, of the merchandise under 
consideration within 45 days of our final determination.
    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act.

    Dated: March 24, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

List of Topics Discussed in the Preliminary Decision Memorandum:

1. Initiation
2. Period of Investigation
3. Postponement of Preliminary Determination
4. Scope of the Investigation
5. Scope Comments
6. Selection of Respondents
7. Discussion of the Methodology
    a. Non-market Economy Country
    b. Surrogate Country and Surrogate Value Comments
    c. Separate Rates
    d. Margin for the Separate Rate Companies
    e. Combination Rates
    f. The PRC-wide Entity
    g. Application of Facts Available and Adverse Facts Available
    h. Corroboration of Information
    i. Affiliation/Single Entity
    j. Date of Sale
    k. Fair Value Comparisons
    l. Export Price
    m. Value-Added Tax
    n. Normal Value
    o. Factor Valuation Methodology
    p. Comparison to Normal Value

    q. Currency Conversion
8. Verification
9. Section 777A(f) of the Act
10. International Trade Commission Notification
11. Conclusion
[FR Doc. 2015-07475 Filed 3-31-15; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                                Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Notices                                           17409

                                                  employment healthcare plans of                          is necessary for the proper performance               Administration, U.S. Department of
                                                  governments. Specific, detailed                         of the functions of the agency, including             Commerce, 14th Street and Constitution
                                                  questions on defined-benefit plans and                  whether the information shall have                    Avenue NW., Washington, DC 20230;
                                                  defined-contribution plans are                          practical utility; (b) the accuracy of the            telephone: (202) 482–2593 or (202) 482–
                                                  important to determine which plans are                  agency’s estimate of the burden                       5260, respectively.
                                                  in scope for current and future public                  (including hours and cost) of the                     SUPPLEMENTARY INFORMATION:
                                                  sector surveys the Census Bureau                        proposed collection of information; (c)
                                                  conducts. A Remarks section allows                      ways to enhance the quality, utility, and             Scope of the Investigation
                                                  respondents to provide any additional                   clarity of the information to be                         The scope of this investigation covers
                                                  insight that may be helpful to improve                  collected; and (d) ways to minimize the               boltless steel shelving units
                                                  the universe of local and special district              burden of the collection of information               prepackaged for sale, with or without
                                                  governments.                                            on respondents, including through the                 decks (‘‘boltless steel shelving’’). The
                                                  II. Method of Collection                                use of automated collection techniques                term ‘‘prepackaged for sale’’ means that,
                                                                                                          or other forms of information                         at a minimum, the steel vertical
                                                     The 2016 Government Units Survey is                  technology.                                           supports (i.e., uprights and posts) and
                                                  a census of all counties, municipalities,                  Comments submitted in response to                  steel horizontal supports (i.e., beams,
                                                  townships, and special districts.                       this notice will be summarized and/or                 braces) necessary to assemble a
                                                  Respondents have the option of                          included in the request for OMB                       completed shelving unit (with or
                                                  responding by paper, via the Internet, by               approval of this information collection;              without decks) are packaged together for
                                                  telephone, or by facsimile. An advance                  they also will become a matter of public              ultimate purchase by the end-user. The
                                                  notification informing respondents of                   record.                                               scope also includes add-on kits. Add-on
                                                  the impending arrival of the
                                                  Government Units Survey will be                           Dated: March 27, 2015.                              kits include, but are not limited to, kits
                                                  mailed two weeks prior to mailing the                   Sarah Brabson,                                        that allow the end-user to add an
                                                  questionnaire. The Government Units                     NOAA PRA Clearance Officer, submitting for            extension shelving unit onto an existing
                                                  Survey questionnaire will be mailed to                  Census.                                               boltless steel shelving unit such that the
                                                  respondents in February 2016 followed                   [FR Doc. 2015–07433 Filed 3–31–15; 8:45 am]           extension and the original unit will
                                                  by a reminder letter a month later, and                 BILLING CODE 3510–07–P
                                                                                                                                                                share common frame elements (e.g., two
                                                  a follow-up mailing in April 2016. The                                                                        posts). The term ‘‘boltless’’ refers to
                                                  2016 Government Units Survey                                                                                  steel shelving in which the vertical and
                                                  questionnaire will provide a Web site                   DEPARTMENT OF COMMERCE                                horizontal supports forming the frame
                                                  for respondents who choose to respond                                                                         are assembled primarily without the use
                                                  electronically. The Web site is secure                  International Trade Administration                    of nuts and bolts or screws. The vertical
                                                  and respondents will receive a unique                   [A–570–018]                                           and horizontal support members for
                                                  user identification and password, which                                                                       boltless steel shelving are assembled by
                                                  will be included in a letter                            Boltless Steel Shelving Units                         methods such as, but not limited to,
                                                  accompanying the questionnaire. A toll                  Prepackaged for Sale from the                         fitting a rivet, punched or cut tab or
                                                  free number will also be provided to                    People’s Republic of China:                           other similar connector on one support
                                                  respondents on the questionnaire which                  Preliminary Determination of Sales at                 into a hole, slot or similar receptacle on
                                                  respondents may use to ask questions or                 Less Than Fair Value                                  another support. The supports lock
                                                  to provide responses. A telephone                                                                             together to form the frame for the
                                                                                                          AGENCY:    Enforcement and Compliance,                shelving unit, and provide the structural
                                                  number and instructions to respond to                   International Trade Administration,
                                                  the 2016 GUS by facsimile will be                                                                             integrity of the shelving unit separate
                                                                                                          Department of Commerce.                               from the inclusion of any decking. The
                                                  provided upon request to respondents.
                                                                                                          DATES: Effective Date: April 1, 2015.                 incidental use of nuts and bolts or
                                                  III. Data                                               SUMMARY: The Department of Commerce                   screws to add accessories, wall anchors,
                                                     OMB Control Number: 0607–0930.                       (‘‘Department’’) preliminarily                        tie-bars or shelf supports does not
                                                     Form Number(s): GUS–1.                               determines that boltless steel shelving               remove the product from scope. Boltless
                                                     Type of Review: Regular (extension of                units prepackaged for sale from the                   steel shelving units may also come
                                                  a currently approved information                        People’s Republic of China (‘‘PRC’’) are              packaged as partially assembled, such as
                                                  collection).                                            being, or are likely to be, sold in the               when two upright supports are welded
                                                     Affected Public: Public sector entities              United States at less than fair value                 together with front-to-back supports, or
                                                  consisting of local, general purpose, and               (‘‘LTFV’’), as provided in section 733 of             are otherwise connected, to form an end
                                                  special district governments.                           the Tariff Act of 1930, as amended (‘‘the             unit for the frame. The boltless steel
                                                     Estimated Number of Respondents:                     Act’’). The period of investigation                   shelving covered by this investigation
                                                  Approximately 77,000.                                   (‘‘POI’’) is January 1, 2014, through June            may be commonly described as rivet
                                                     Estimated Time per Response: 15                      30, 2014. The estimated margins of sales              shelving, welded frame shelving, slot
                                                  minutes.                                                at LTFV are shown in the ‘‘Preliminary                and tab shelving, and punched rivet
                                                     Estimated Total Annual Burden                        Determination’’ section of this notice.               (quasi-rivet) shelving as well as by other
                                                  Hours: 19,250.                                          The final determination will be issued
                                                     Estimated Total Annual Cost to                                                                             trade names. The term ‘‘deck’’ refers to
                                                                                                          75 days after publication of this                     the shelf that sits on or fits into the
                                                  Public: $0 in recordkeeping/reporting
                                                                                                          preliminary determination in the
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  costs.                                                                                                        horizontal supports (beams or braces) to
                                                     Respondent’s Obligation: Voluntary.                  Federal Register. Interested parties are              provide the horizontal storage surface of
                                                     Legal Authority: Title 13 U.S.C.                     invited to comment on this preliminary                the shelving unit.
                                                  Sections 161 and 193.                                   determination.                                           The scope includes all boltless steel
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      shelving meeting the description above,
                                                  IV. Request for Comments                                Kabir Archuletta or Josh Startup, AD/                 regardless of (1) vertical support or post
                                                    Comments are invited on: (a) Whether                  CVD Operations, Office V, Enforcement                 type (including but not limited to open
                                                  the proposed collection of information                  and Compliance, International Trade                   post, closed post and tubing); (2)


                                             VerDate Sep<11>2014   18:37 Mar 31, 2015   Jkt 235001   PO 00000   Frm 00024   Fmt 4703   Sfmt 4703   E:\FR\FM\01APN1.SGM   01APN1


                                                  17410                                Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Notices

                                                  horizontal support or beam/brace profile                             sleeves snapped on the posts to create                                      Decision Memorandum is a public
                                                  (including but not limited to Z-beam, C-                             the finished shelving unit;                                                 document and is on file electronically
                                                  beam, L-beam, step beam and cargo                                       • Bulk-packed parts or components of                                     via Enforcement and Compliance’s
                                                  rack); (3) number of supports; (4) surface                           boltless steel shelving units; and                                          Antidumping and Countervailing Duty
                                                  coating (including but not limited to                                   • Made-to-order shelving systems.                                        Centralized Electronic Service System
                                                  paint, epoxy, powder coating, zinc and                                  Subject boltless steel shelving enters                                   (‘‘ACCESS’’). ACCESS is available to
                                                  other metallic coating); (5) number of                               the United States through Harmonized                                        registered users at http://
                                                  levels; (6) weight capacity; (7) shape                               Tariff Schedule of the United States                                        access.trade.gov, and is available to all
                                                  (including but not limited to                                        (‘‘HTSUS’’) statistical subheadings                                         parties in the Central Records Unit,
                                                  rectangular, square, and corner units);                              9403.20.0018 and 9403.20.0020, but                                          room 7046 of the main Department of
                                                  (8) decking material (including but not                              may also enter through HTSUS                                                Commerce building. In addition, a
                                                  limited to wire decking, particle board,                             9403.10.0040. While HTSUS                                                   complete version of the Preliminary
                                                  laminated board or no deck at all); or (9)                           subheadings are provided for                                                Decision Memorandum can be accessed
                                                                                                                       convenience and Customs purposes, the                                       directly on the Internet at http://
                                                  the boltless method by which vertical
                                                                                                                       written description of the scope of this                                    trade.gov/enforcement//. The signed
                                                  and horizontal supports connect
                                                                                                                       investigation is dispositive.                                               Preliminary Decision Memorandum and
                                                  (including but not limited to keyhole
                                                  and rivet, slot and tab, welded frame,                               Methodology                                                                 the electronic version of the Preliminary
                                                  punched rivet and clip).                                               The Department conducted this                                             Decision Memorandum are identical in
                                                                                                                       investigation in accordance with section                                    content.
                                                     Specifically excluded from the scope
                                                  are:                                                                 731 of the Act. We calculated export                                        Combination Rates
                                                     • Wall-mounted shelving, defined as                               prices and constructed export prices in
                                                                                                                       accordance with section 772 of the Act.                                       In the Initiation Notice,3 the
                                                  shelving that is hung on the wall and                                                                                                            Department stated that it would
                                                  does not stand on, or transfer load to,                              Because the PRC is a non-market
                                                                                                                       economy within the meaning of section                                       calculate combination rates for the
                                                  the floor; 1                                                                                                                                     respondents that are eligible for a
                                                                                                                       771(18) of the Act, normal value (‘‘NV’’)
                                                     • Wire shelving units, which consist                              was calculated in accordance with                                           separate rate in this investigation. Policy
                                                  of shelves made from wire that                                       section 773(c) of the Act.                                                  Bulletin 05.1 describes this practice.4
                                                  incorporates both a wire deck and wire                                 For a full description of the                                             Preliminary Determination
                                                  horizontal supports (taking the place of                             methodology underlying our
                                                  the horizontal beams and braces) into a                              conclusions, see the Preliminary                                              The preliminary weighted-average
                                                  single piece with tubular collars that                               Decision Memorandum hereby adopted                                          antidumping duty (‘‘AD’’) margin
                                                  slide over the posts and onto plastic                                by this notice.2 The Preliminary                                            percentages are as follows:

                                                                                                                                                                                                                                                      Weighted-
                                                                                                                                                                                                                                                       average
                                                                                        Exporter                                                                                         Producer                                                       margin
                                                                                                                                                                                                                                                      (percent)

                                                  Zhongda United Holding Group Co., Ltd ....................................                  Jiaxing Zhongda Metalwork Co., Ltd. ........................................                                  22.64
                                                  Jiaxing Zhongda Import & Export Co., Ltd .................................                  Jiaxing Zhongda Metalwork Co., Ltd .........................................                                  22.64
                                                  Nanjing Topsun Racking Manufacturing Co., Ltd .......................                       Nanjing Topsun Racking Manufacturing Co., Ltd ......................                                          85.26
                                                  Ningbo ETDZ Huixing Trade Co., Ltd ........................................                 Haifa (Ningbo) Office Equipment Co., Ltd .................................                                    50.23
                                                  Ningbo ETDZ Huixing Trade Co., Ltd ........................................                 Ningbo Decko Metal Products Trade Co., Ltd ..........................                                         50.23
                                                  Ningbo ETDZ Huixing Trade Co., Ltd ........................................                 Lianfa Metal Product Co., Ltd ....................................................                            50.23
                                                  Meridian International Co., Ltd ...................................................         Zhejiang Limai Metal Products Co. Ltd .....................................                                   50.23
                                                  Zhejiang Limai Metal Products Co., Ltd .....................................                Zhejiang Limai Metal Products Co., Ltd ....................................                                   50.23
                                                  PRC-Wide Entity .........................................................................    ....................................................................................................        112.68



                                                  Disclosure and Public Comment                                        the final verification report is issued in                                  requested, must submit a written
                                                                                                                       this proceeding and rebuttal briefs,                                        request to the Assistant Secretary for
                                                    We intend to disclose the calculations                             limited to issues raised in case briefs,                                    Enforcement and Compliance, U.S.
                                                  performed to parties in this proceeding                              may be submitted no later than five days                                    Department of Commerce, filed
                                                  within five days of the date of                                      after the deadline date for case briefs.5                                   electronically at Enforcement and
                                                  publication of this notice in accordance                             A table of contents, list of authorities                                    Compliance’s electronic records system,
                                                  with 19 CFR 351.224(b). Case briefs or                               used, and an executive summary of                                           ACCESS. An electronically filed
                                                  other written comments may be                                        issues should accompany any briefs                                          document must be received successfully
                                                  submitted to the Assistant Secretary for                             submitted to the Department.                                                in its entirety by the Department’s
                                                  Enforcement and Compliance no later                                     Interested parties who wish to request                                   electronic records system, ACCESS, by
                                                  than seven days after the date on which                              a hearing, or to participate if one is                                      5:00 p.m. Eastern Standard Time, within
                                                    1 The addition of a wall bracket or other device                   Antidumping and Countervailing Duty Operations,                                4 See Enforcement and Compliance’s Policy
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                                                  to attach otherwise freestanding subject                             to Paul Piquado, Assistant Secretary for                                    Bulletin No. 05.1, regarding, ‘‘Separate-Rates
                                                  merchandise to a wall does not meet the terms of                     Enforcement and Compliance, dated concurrently                              Practice and Application of Combination Rates in
                                                  this exclusion.                                                      with this notice (‘‘Preliminary Decision                                    Antidumping Investigations involving Non-Market
                                                    2 See ‘‘Decision Memorandum for Preliminary                        Memorandum’’).                                                              Economy Countries,’’ (April 5, 2005) (‘‘Policy
                                                  Determination for the Antidumping Duty                                 3 See Boltless Steel Shelving Units Prepackaged                           Bulletin 05.1’’), available on the Department’s Web
                                                  Investigation of Boltless Steel Shelving Units                       for Sale from the People’s Republic of China:                               site at http://enforcement.trade.gov/policy/bull05-
                                                  Prepackaged for Sale from the People’s Republic of                   Initiation of Antidumping Duty Investigation, 79 FR                         1.pdf.
                                                  China from the People’s Republic of China,’’ from                    56562, 56566 (September 22, 2014) (‘‘Initiation                                5 See 19 CFR 351.309; see also 19 CFR 351.303

                                                  Christian Marsh, Deputy Assistant Secretary for                      Notice’’).                                                                  (for general filing requirements).



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                                                                                Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Notices                                                 17411

                                                  30 days after the date of publication of                merchandise under consideration which                 the merchandise under consideration
                                                  this notice.6 Hearing requests should                   have not received their own separate                  within 45 days of our final
                                                  contain the party’s name, address, and                  rate above, the cash-deposit rate will be             determination.
                                                  telephone number, the number of                         the cash deposit rate applicable to the                 This determination is issued and
                                                  participants, and a list of the issues you              PRC exporter/producer combination                     published in accordance with sections
                                                  intend to present at the hearing. If a                  that supplied that non-PRC exporter.                  733(f) and 777(i)(1) of the Act.
                                                  request for a hearing is made, the                         Furthermore, consistent with our                     Dated: March 24, 2015.
                                                  Department intends to hold the hearing                  practice, where the product under
                                                                                                                                                                Paul Piquado,
                                                  at the U.S. Department of Commerce,                     investigation is also subject to a
                                                                                                                                                                Assistant Secretary for Enforcement and
                                                  14th Street and Constitution Avenue                     concurrent countervailing duty
                                                                                                                                                                Compliance.
                                                  NW., Washington, DC 20230, at a time                    investigation, we instruct CBP to require
                                                  and location to be determined. Parties                  a cash deposit equal to the amount by                 List of Topics Discussed in the
                                                  should confirm by telephone the date,                   which the normal value exceeds the                    Preliminary Decision Memorandum:
                                                  time, and location of the hearing two                   export price or constructed export price,             1. Initiation
                                                  days before the scheduled date.                         less the amount of the countervailing                 2. Period of Investigation
                                                     Pursuant to section 735(a)(1) of the                 duty determined to constitute an export               3. Postponement of Preliminary
                                                  Act, we will make our final                             subsidy. In this LTFV investigation,                        Determination
                                                  determination no later than 75 days                     export subsidies constitute 3.03                      4. Scope of the Investigation
                                                  after the date of publication of this                   percent 9 of the preliminarily calculated             5. Scope Comments
                                                  preliminary determination.                              countervailing duty rate in the                       6. Selection of Respondents
                                                                                                          concurrent countervailing duty                        7. Discussion of the Methodology
                                                  Suspension of Liquidation                                                                                        a. Non-market Economy Country
                                                                                                          investigation, and, thus, we will offset
                                                     In accordance with section 733(d) of                 the calculated rates for the mandatory                   b. Surrogate Country and Surrogate Value
                                                  the Act the Department will instruct                                                                                Comments
                                                                                                          respondents and the PRC-wide rate of                     c. Separate Rates
                                                  U.S. Customs and Border Protection                      112.68 percent by the countervailing                     d. Margin for the Separate Rate Companies
                                                  (‘‘CBP’’) to suspend liquidation of all                 duty rate attributable to export subsidies               e. Combination Rates
                                                  entries of boltless steel shelving units                (i.e., 3.03 percent) to calculate the cash               f. The PRC-wide Entity
                                                  prepackaged for sale from the PRC, as                   deposit rate for this LTFV investigation.                g. Application of Facts Available and
                                                  described in the ‘‘Scope of the                         Additionally, the Department did not                        Adverse Facts Available
                                                  Investigation’’ section, entered, or                    adjust the preliminary determination                     h. Corroboration of Information
                                                  withdrawn from warehouse, for                           AD margins for estimated domestic                        i. Affiliation/Single Entity
                                                  consumption on or after the date of                     subsidy pass-through because                             j. Date of Sale
                                                  publication of this notice in the Federal               respondents provided no information to                   k. Fair Value Comparisons
                                                  Register.                                                                                                        l. Export Price
                                                                                                          support an adjustment pursuant to                        m. Value-Added Tax
                                                     Pursuant to 19 CFR 351.205(d), the                   section 777A(f) of the Act.10                            n. Normal Value
                                                  Department will instruct CBP to require                                                                          o. Factor Valuation Methodology
                                                  a cash deposit 7 equal to the weighted-                 International Trade Commission
                                                                                                          (‘‘ITC’’) Notification                                   p. Comparison to Normal Value
                                                  average amount by which NV exceeds
                                                                                                                                                                   q. Currency Conversion
                                                  U.S. price, adjusted where appropriate                     In accordance with section 733(f) of
                                                                                                                                                                8. Verification
                                                  for export subsidies and estimated                      the Act, we notified the ITC of our                   9. Section 777A(f) of the Act
                                                  domestic subsidy pass-through,8 as                      preliminary affirmative determination of              10. International Trade Commission
                                                  follows: (1) the cash deposit rate for the              sales at LTFV. Section 735(b)(2) of the                     Notification
                                                  exporter/producer combinations listed                   Act requires the ITC to make its final                11. Conclusion
                                                  in the table above will be the rate the                 determination as to whether the                       [FR Doc. 2015–07475 Filed 3–31–15; 8:45 am]
                                                  Department determines in this                           domestic industry in the United States                BILLING CODE 3510–DS–P
                                                  preliminary determination; (2) for all                  is materially injured, or threatened with
                                                  combinations of PRC exporters/                          material injury, by reason of imports of
                                                  producers of merchandise under                          boltless steel shelving units                         DEPARTMENT OF COMMERCE
                                                  consideration that have not received                    prepackaged for sale, or sales (or the
                                                  their own separate rate above, the cash-                likelihood of sales) for importation, of              Census Bureau
                                                  deposit rate will be the cash deposit rate                                                                    Proposed Information Collection;
                                                                                                             9 The following subsidy programs in the
                                                  established for the PRC-wide entity; and                                                                      Comment Request; Quarterly Financial
                                                                                                          preliminary determination of the concurrent
                                                  (3) for all non-PRC exporters of                        countervailing duty investigation are export          Report
                                                                                                          subsidies: Export Seller’s Credits and Export
                                                    6 See 19 CFR 351.310(c).                              Buyer’s Credits from the Export-Import Bank of        AGENCY: U.S. Census Bureau,
                                                    7 See Modification of Regulations Regarding the       China (1.76 percent), GOC and Sub-Central             Commerce.
                                                  Practice of Accepting Bonds During the Provisional      Government Subsidies for the Development of
                                                  Measures Period in Antidumping and                      Famous Brands and World Top Brands (0.58
                                                                                                                                                                ACTION: Notice.
                                                  Countervailing Duty Investigations, 76 FR 61042         percent), International Market Exploration (SME)
                                                  (October 3, 2011).                                      Fund (0.58 percent), Export Assistance/Outward        SUMMARY:    The Department of
                                                    8 See sections 772(c)(1)(C) and 777A(f) of the Act,   Expansion Grants in Guangdong Province (0.08          Commerce, as part of its continuing
                                                  respectively. Unlike in administrative reviews, the     percent), Export Credit Insurance (0.01 percent),     effort to reduce paperwork and
                                                  Department calculates the adjustment for export         Export Subsidy for High-Tech Merchandise (0.02
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                                                                                                                                                                respondent burden, invites the general
                                                  subsidies in investigations not in the margin           percent). See Countervailing Duty Investigation of
                                                  calculation program, but in the cash deposit            Boltless Steel Shelving Units Prepackaged for Sale    public and other Federal agencies to
                                                  instructions issued to CBP. See Notice of Final         From the People’s Republic of China: Preliminary      take this opportunity to comment on
                                                  Determination of Sales at Less Than Fair Value,         Determination and Alignment of Final                  proposed and/or continuing information
                                                  and Negative Determination of Critical                  Determination With Final Antidumping Duty             collections, as required by the
                                                  Circumstances: Certain Lined Paper Products from        Determination, 80 FR 5089 (January 30, 2015), and
                                                  India, 71 FR 45012 (August 8, 2006), and                accompanying Preliminary Decision Memorandum          Paperwork Reduction Act of 1995,
                                                  accompanying Issues and Decision Memorandum at          at 14–15.                                             Public Law 104–13 (44 U.S.C.
                                                  Comment 1.                                                 10 See Preliminary Decision Memorandum.            3506(c)(2)(A)).


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Document Created: 2015-12-18 11:03:50
Document Modified: 2015-12-18 11:03:50
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ContactKabir Archuletta or Josh Startup, AD/ CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 2593 or (202) 482-5260, respectively.
FR Citation80 FR 17409 

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