80 FR 21203 - 53-Foot Domestic Dry Containers From the People's Republic of China: Final Determination of Sales at Less Than Fair Value; Final Negative Determination of Critical Circumstances
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 74 (April 17, 2015)
International Trade Administration
Federal Register Volume 80, Issue 74 (April 17, 2015)
| Page Range | 21203-21207 | |
| FR Document | 2015-08903 |
[Federal Register Volume 80, Number 74 (Friday, April 17, 2015)] [Notices] [Pages 21203-21207] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-08903] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-014] 53-Foot Domestic Dry Containers From the People's Republic of China: Final Determination of Sales at Less Than Fair Value; Final Negative Determination of Critical Circumstances AGENCY: Enforcement and Compliance, International Trade Administration, Commerce. SUMMARY: The Department of Commerce (the Department) determines that imports of 53-foot domestic dry containers (domestic dry containers) 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 735 of the Tariff Act of 1930, as amended (the Act). The final weighted-average dumping margins for the investigation on domestic dry [[Page 21204]] containers from the PRC are listed below in the ``Final Determination'' section of this notice. DATES: Effective: April 17, 2015. FOR FURTHER INFORMATION CONTACT: Brian Davis (Singamas), John Drury (CIMC), or Angelica Townshend, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-7924, (202) 482-0195 or (202) 482-3019, respectively. SUPPLEMENTARY INFORMATION: Background On November 26, 2014, the Department published the preliminary determination of the LTFV investigation of domestic dry containers from the PRC in the Federal Register.\1\ The following events occurred since then. On December 9, 2014, we received scope comments from interested parties Crowley Maritime Corporation and Crowley Liner Services, Inc., and Sea Star Lines LLC (collectively, ``Crowley''). On December 1, 2014, respondent Singamas \2\ submitted timely ministerial error allegations with respect to the Department's calculation the weighted- average dumping margin for Singamas.\3\ Also on December 1, 2014, Petitioner \4\ submitted ministerial error allegations \5\ with respect to respondent CIMC.\6\ We received no rebuttal comments regarding these allegations. On December 31, 2014, we published the amended preliminary determination in the Federal Register.\7\ Between January 12, 2015, and January 23, 2015, the Department conducted verification of the mandatory respondents CIMC and Singamas. The Department issued the sales and factors-of-production verification reports for both CIMC and Singamas on February 26, 2015.\8\ On March 10, 2015, Petitioner, Crowley, CIMC, and Singamas filed case briefs (which included scope comments). On March 16, 2015, Petitioner, Crowley, CIMC, and Singamas filed rebuttal briefs (which included scope comments). The Department did not hold a hearing as all requests for a hearing were withdrawn. --------------------------------------------------------------------------- \1\ See 53-Foot Domestic Dry Containers From the People's Republic of China: Preliminary Determination of Sales at Less than Fair Value; Preliminary Negative Determination of Critical Circumstances; and Postponement of Final Determination and Extension of Provisional Measures, 79 FR 70501 (November 26, 2014) (Preliminary Determination). \2\ Singamas consists of Hui Zhou Pacific Container Co., Ltd., Qingdao Pacific Container Co., Ltd., Qidong Singamas Energy Equipment Co., Ltd., and their holding company Singamas Container Holding Limited. \3\ See Singamas' Letter to the Department, ``53-Foot Domestic Dry Containers from the People's Republic of China: Ministerial Errors in the Preliminary Determination,'' dated December 1, 2014. \4\ Petitioner is Stoughton Trailers, LLC. \5\ Petitioner's Letter to the Department, ``53-Foot Domestic Dry Containers from the People's Republic of China,'' dated December 1, 2014. \6\ CIMC consists of China International Marine Containers (Group) Co., Ltd., China International Marine Containers (HK) Ltd., Xinhui CIMC Special Transportation Equipment Co., Ltd., Nantong CIMC-Special Transportation Equipment Manufacture Co., Ltd., and Qingdao CIMC Container Manufacture Co., Ltd. \7\ See 53-Foot Domestic Dry Containers from the People's Republic of China: Amended Preliminary Determination of Sales at Less-than-Fair-Value, 79 FR 78800 (December 31, 2014) (Amended Preliminary Determination). \8\ See Verification of the Sales and Factors of Production Response of CIMC International Marine Containers (Group) Co., Ltd. (``CIMC Group''); China International Marine Containers (HK) Ltd. (``CIMC HK''); Guangdong Xinhui CIMC Special Transportation Equipment Co., Ltd. (``Xinhui Special''); Qingdao CIMC Containers Manufacture Co., Ltd. (``Qingdao''); Nantong CIMC-Special Transportation Equipment Manufacture Co., Ltd. (``Nantong''); and Xinhui CIMC Container Co., Ltd. (``Xinhui Container'') (collectively ``CIMC'') in the Antidumping Duty Investigation of 53-Foot Domestic Dry Containers (``domestic dry containers'') from the People's Republic of China (the ``PRC''), dated February 26, 2015 (CIMC Verification Report); and Verification of the Sales and Factors of Production (FOPs) Response of Hui Zhou Pacific Container Co., Ltd. (HPCL); Qingdao Pacific Container Co., Ltd. (QPCL); Qidong Singamas Energy Equipment Co., Ltd. (QSCL); Singamas Container Holdings Limited (SCHL); and Singamas Management Services Limited (SMSL) (collectively, Singamas) in the Antidumping Duty Investigation of 53-Foot Domestic Dry Containers (domestic dry containers) from the People's Republic of China (the PRC), dated February 26, 2015 (Singamas Verification Report). --------------------------------------------------------------------------- Period of Investigation The period of investigation (POI) is October 1, 2013, through March 31, 2014. Scope Comments The Department received comments regarding the scope of this investigation from interested parties. As detailed in the accompanying Issues and Decision Memorandum,\9\ we have not made any changes to the scope.\10\ --------------------------------------------------------------------------- \9\ See Memorandum to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, regarding ``53-Foot Domestic Dry Containers from the People's Republic of China: Issues and Decision Memorandum for the Final Determination of Sales at Less than Fair Value,'' dated concurrently with this notice (Issues and Decision Memorandum). \10\ See the Issues and Decision Memorandum at section, ``Scope of the Investigation.'' --------------------------------------------------------------------------- Scope of the Investigation The merchandise subject to investigation is closed (i.e., not open top) van containers exceeding 14.63 meters (48 feet) but generally measuring 16.154 meters (53 feet) in exterior length, which are designed for the intermodal transport \11\ of goods other than bulk liquids within North America primarily by rail or by road vehicle, or by a combination of rail and road vehicle (domestic containers). Imports of the subject merchandise are provided for under subheading 8609.00.0000 of the Harmonized Tariff Schedule of the United States (HTSUS). Imports of the subject merchandise which meet the definition of and requirements for ``instruments of international traffic'' pursuant to 19 U.S.C. 1322 and 19 CFR 10.41a may be classified under subheading 9803.00.50, HTSUS. For a complete description of the scope of the investigation, see Appendix II to this notice. --------------------------------------------------------------------------- \11\ ``Intermodal transport'' refers to a movement of freight using more than one mode of transportation, most commonly on a container chassis for on-the-road transportation and on a rail car for rail transportation. --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this investigation are addressed in the Issues and Decision Memorandum accompanying this notice, which is hereby adopted by this notice. A list of the issues which the parties raised and to which the Department responded in the memorandum appears in Appendix I of this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://iaaccess.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 Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the memorandum are identical in content. Changes Since the Amended Preliminary Determination Based on our review and analysis of the comments received from parties, and minor corrections presented at verification, we made certain changes to CIMC's and Singamas's margin calculations since the Amended Preliminary Determination. For a discussion of these changes, see the Issues and Decision Memorandum and the Final Analysis Memoranda, all dated concurrently with this notice.\12\ --------------------------------------------------------------------------- \12\ See Final Analysis Memorandum for the PRC-Wide Entity, and Final Analysis Memorandum for Hui Zhou Pacific Container Co., Ltd. (HPCL), Qingdao Pacific Container Co., Ltd. (QPCL), Qidong Singamas Energy Equipment Co., Ltd. (QSCL), and Singamas Management Services Limited (SMSL) and their holding company Singamas Container Holdings Limited (collectively, Singamas), dated April 10, 2015. --------------------------------------------------------------------------- [[Page 21205]] Combination Rates In the Initiation Notice, the Department stated that it would calculate combination rates for the respondents that are eligible for a separate rate in this investigation.\13\ Policy Bulletin 05.1 sets forth this practice.\14\ --------------------------------------------------------------------------- \13\ See 53-Foot Domestic Dry Containers From the People's Republic of China: Initiation of Antidumping Duty Investigations, 79 FR 28674, 28683 (May 19, 2014) (Initiation Notice). \14\ See Enforcement and Compliance Policy Bulletin No. 05.1 ``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. --------------------------------------------------------------------------- Final Determination The Department determines that the following estimated weighted- average dumping margins exist for the period October 1, 2013, through March 31, 2014: --------------------------------------------------------------------------- \15\ As detailed in the Issues and Decision Memorandum, we continue to find that CIMC did not demonstrate that it is entitled to a separate rate, and we consider CIMC to be the PRC-Wide Entity. ------------------------------------------------------------------------ Weighted- Exporter Producer average dumping margin (percent) ------------------------------------------------------------------------ Hui Zhou Pacific Container Hui Zhou Pacific 111.22 Co., Ltd./Qingdao Pacific Container Co., Ltd./ Container Co., Ltd./Qidong Qingdao Pacific Singamas Energy Equipment Container Co., Ltd./ Co., Ltd./Singamas Management Qidong Singamas Services Limited Energy Equipment Co., Ltd. PRC-Wide Entity \15\.......... ...................... 107.19 ------------------------------------------------------------------------ Disclosure We intend to disclose to parties the calculations performed in this proceeding within five days of any public announcement of this notice in accordance with 19 CFR 351.224(b). Final Negative Determination of Critical Circumstances No parties made any comments on our critical circumstances analysis announced in the Preliminary Determination, which is hereby adopted by this notice. In the Preliminary Determination, the Department stated that it did not preliminarily find critical circumstances because Petitioner did not allege that there has been a history of dumping and material injury pursuant to section 733(e)(1)(A)(i) of the Act and did not provide any evidence that importers knew or should have known that there was likely to be material injury by reason of such sales in a situation where the U.S. industry has not been established.\16\ Thus, pursuant to 735(a)(3) of the Act, we continue to find that critical circumstances do not exist with respect to imports of domestic dry containers from the PRC from Singamas and the company covered by the PRC-wide rate. --------------------------------------------------------------------------- \16\See Preliminary Determination, Preliminary Determination Memorandum at 27-28. --------------------------------------------------------------------------- Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, we will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all appropriate entries of domestic dry containers from the PRC, as described in the ``Scope of the Investigation'' section of this notice and which were entered, or withdrawn from warehouse, for consumption on or after November 26, 2014, the date of publication of the Preliminary Determination in the Federal Register. Pursuant to 19 CFR 351.205(d), we will instruct CBP to require a cash deposit \17\ for all suspended entries at an ad valorum rate equal to the weighted-average amount by which normal value exceeds U.S. price, adjusted where appropriate for export subsidies and estimated domestic subsidy pass-through,\18\ as follows: (1) The cash deposit rate for the exporter/producer combination listed in the table above will be the rate identified for that combination in the table; (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, 107.19 percent; and (3) for all non-PRC exporters of the 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. These suspension of liquidation and cash deposit instructions will remain in effect until further notice. --------------------------------------------------------------------------- \17\ 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). \18\ 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, as stated above and consistent with our practice, we will instruct CBP to require a cash deposit equal to the amount by which the normal value exceeds export price or constructed export price, less the amount of any countervailing duty (CVD) determined to constitute an export subsidy. With respect to the PRC-wide entity (which is based on CIMC's data), export subsidies constitute 11.67 percent of CIMC's final calculated CVD rate in the companion CVD investigation. Therefore, we will offset the PRC-wide rate of 107.19 percent by the CVD rate attributable to export subsidies (i.e., 11.67 percent) to calculate the final PRC-wide entity cash deposit rate for this LTFV investigation.\19\ With respect to Singamas, export subsidies constitute 10.54 percent of Singamas's final calculated CVD rate in the companion CVD investigation. Therefore, we will offset Singamas's rate of 111.22 percent by the CVD rate attributable to export subsidies (i.e., 10.54 percent) to calculate the final Singamas cash deposit rate for this LTFV investigation.\20\ --------------------------------------------------------------------------- \19\ See 53-Foot Domestic Dry Containers from the People's Republic of China: Final Affirmative Countervailing Duty Determination and accompanying Issues and Decision Memorandum. The final determination in this companion CVD proceeding is being concurrently released on the same day as this final determination. \20\ Id. --------------------------------------------------------------------------- We are also adjusting the preliminary cash deposit rate for estimated domestic subsidy pass-through for Singamas (i.e., [[Page 21206]] 5.87 percent). However, we are not adjusting the PRC-wide entity final determination rate for estimated domestic subsidy pass-through because we have no basis upon which to make such an adjustment. International Trade Commission Notification In accordance with section 735(d) of the Act, we notified the International Trade Commission (ITC) of the final affirmative determination of sales at less than fair value. Because the final determination in this proceeding is affirmative, the ITC will make its final determination, in accordance with section 735(b)(2) of the Act, as to whether the domestic industry in the United States is materially injured, threatened with material injury, or the establishment of an industry in the United States is materially retarded by reason of imports of domestic dry containers from the PRC no later than 45 days after our final determination. If the ITC determines that material injury, threat of material injury, or material retardation, does not exist, this proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury or material retardation does exist, then the Department will issue an antidumping duty order directing CBP to assess, upon further instruction by the Department, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. We are making available to the ITC all non-privileged and non-proprietary information related to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance. Notification Regarding Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective orders (APOs) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This determination and notice are issued and published pursuant to sections 735(d) and 777(i)(1) of the Act. Dated: April 10, 2015. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. List of Issues III. Background IV. Scope of the Investigation V. Period of Investigation VI. Use of Facts Otherwise Available and Adverse Inferences VII. Changes Since the Amended Preliminary Determination VIII. Discussion of Interested Party Comments A. General Issues Comment 1: Scope Exclusion Request Comment 2: Surrogate Value for Ocean Freight Comment 3: Surrogate Value for ``Wood Flooring--Other'' Comment 4: Whether to Deduct Return Transportation Costs for Wide- Top Pick (WTP) Lift-Off Bars from U.S. Net Price B. CIMC-Specific Issues Comment 5: Proper Valuation of Ocean Freight and Brokerage and Handling Expenses Comment 6: Alleged Unreported U.S. Brokerage and Handling Expenses Comment 7: Capping of Ocean Freight Revenue by Ocean Freight Expense Comment 8: Surrogate Value for Corner Castings Comment 9: Incorrect Calculation of CIMC's ``Wood Flooring--Other'' Surrogate Value Comment 10: Separate Rate Determination C. Singamas-Specific Issues Comment 11: Surrogate Value for Hinges Comment 12: Steel Coil Factor-of-Production (FOP) Should Be Increased to Account for Yield Loss VII. Conclusion Appendix II Scope of the Investigation The merchandise subject to investigation is closed (i.e., not open top) van containers exceeding 14.63 meters (48 feet) but generally measuring 16.154 meters (53 feet) in exterior length, which are designed for the intermodal transport \21\ of goods other than bulk liquids within North America primarily by rail or by road vehicle, or by a combination of rail and road vehicle (domestic containers). The merchandise is known in the industry by varying terms including ``53-foot containers,'' ``53-foot dry containers,'' ``53-foot domestic dry containers,'' ``domestic dry containers'' and ``domestic containers.'' These terms all describe the same article with the same design and performance characteristics. Notwithstanding the particular terminology used to describe the merchandise, all merchandise that meets the definition set forth herein is included within the scope of this investigation. --------------------------------------------------------------------------- \21\ ``Intermodal transport'' refers to a movement of freight using more than one mode of transportation, most commonly on a container chassis for on-the-road transportation and on a rail car for rail transportation. --------------------------------------------------------------------------- Domestic containers generally meet the characteristic for closed van containers for domestic intermodal service as described in the American Association of Railroads (AAR) Manual of Standards and Recommended Practices Intermodal Equipment Manual Closed Van Containers for Domestic Intermodal Service Specification M 930 Adopted: 1972; Last Revised 2013 (AAR Specifications) for 53-foot and 53-foot high cube containers. The AAR Specifications generally define design, performance and testing requirements for closed van containers, but are not dispositive for purposes of defining subject merchandise within this scope definition. Containers which may not fall precisely within the AAR Specifications or any successor equivalent specifications are included within the scope definition of the subject merchandise if they have the exterior dimensions referenced below, are suitable for use in intermodal transportation, are capable of and suitable for double-stacking \22\ in intermodal transportation, and otherwise meet the scope definition for the subject merchandise. --------------------------------------------------------------------------- \22\ ``Double-stacking'' refers to two levels of intermodal containers on a rail car, one on top of the other. --------------------------------------------------------------------------- Domestic containers have the following actual exterior dimensions: An exterior length exceeding 14.63 meters (48 feet) but not exceeding 16.154 meters (53 feet); an exterior width of between 2.438 meters and 2.60 meters (between 8 feet and 8 feet 6\3/8\ inches); and an exterior height of between 2.438 meters and 2.908 meters (between 8 feet and 9 feet 6\1/2\ inches), all subject to tolerances as allowed by the AAR Specifications. In addition to two frames (one at either end of the container), the domestic containers within the scope definition have two stacking frames located equidistant from each end of the container, as required by the AAR Specifications. The stacking frames have four upper handling fittings and four bottom dual aperture handling fittings, placed at the respective corners of the stacking frames. Domestic containers also have two forward facing fittings at the front lower corners and two downward facing fittings at the rear lower corners of the container to facilitate chassis interface. All domestic containers as described herein are included within this scope definition, regardless of whether the merchandise enters the United States in a final, assembled condition, or as an unassembled kit or substantially complete domestic container which requires additional manipulation or processing after entry into the United States to be made ready for use as a domestic container. The scope of this investigation excludes the following items: (1) Refrigerated containers; (2) trailers, where the cargo box [[Page 21207]] and rear wheeled chassis are of integrated construction, and the cargo box of the unit may not be separated from the chassis for further intermodal transport; (3) container chassis, whether or not imported with domestic containers, but the domestic containers remain subject merchandise, to the extent they meet the written description of the scope. Imports of the subject merchandise are provided for under subheading 8609.00.0000 of the Harmonized Tariff Schedule of the United States (HTSUS). Imports of the subject merchandise which meet the definition of and requirements for ``instruments of international traffic'' pursuant to 19 U.S.C. 1322 and 19 CFR10.41a may be classified under subheading 9803.00.50, HTSUS. While HTSUS subheadings are provided for convenience and customs purposes, the written description of the subject merchandise as set forth herein is dispositive. [FR Doc. 2015-08903 Filed 4-16-15; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices 21203
Relay Service at 1–800–977–8339 and COMMISSION ON CIVIL RIGHTS Records generated from this meeting
providing the Service with the may be inspected and reproduced at the
conference call number and conference Notice of Public Meeting of the Indiana Midwestern Regional Office, as they
ID number. Advisory Committee for a Meeting To become available, both before and after
Discuss Concept Papers on Potential the meeting. Records of the meeting will
Member of the public are also entitled
Project Topics be available via www.facadatabase.gov
to submit written comments; the
under the Commission on Civil Rights,
comments must be received in the AGENCY: U.S. Commission on Civil
Indiana Advisory Committee link.
regional office by June 11, 2015. Written Rights.
Persons interested in the work of this
comments may be mailed to the ACTION: Announcement of meeting.
Committee are directed to the
Midwestern Regional Office, U.S. Commission’s Web site, http://
Commission on Civil Rights, 55 W. SUMMARY: Notice is hereby given,
pursuant to the provisions of the rules www.usccr.gov, or may contact the
Monroe St., Suite 410, Chicago, IL Midwestern Regional Office at the above
and regulations of the U.S. Commission
60615. They may also be faxed to the email or street address.
on Civil Rights (Commission) and the
Commission at (312) 353–8324, or
Federal Advisory Committee Act that Agenda
emailed to Administrative Assistant, the Indiana Advisory Committee
Carolyn Allen at callen@usccr.gov. (Committee) will hold a meeting on Welcome and Introductions
Persons who desire additional Tuesday, June 30, 2015, at 1:00 p.m. Diane Clements-Boyd, Chair
information may contact the EST for the purpose of discussing Discussion of concept papers
Midwestern Regional Office at (312) concepts papers on civil rights topics in Indiana Advisory Committee
353–8311. the state that Committee members Members
Records generated from this meeting drafted. The Committee may decide to Future plans and actions
may be inspected and reproduced at the vote on a future project of study at this Adjournment
Midwestern Regional Office, as they meeting. DATES: The meeting will be held on
become available, both before and after Members of the public can listen to Tuesday, June 30, 2015, at 1:00 p.m.
the meeting. Records of the meeting will the discussion. This meeting is available EST.
be available via www.facadatabase.gov to the public through the following toll-
free call-in number: 888–430–8709, Public Call Information
under the Commission on Civil Rights,
Michigan Advisory Committee link. conference ID: 7603733. Any interested Dial: 888–430–8709
member of the public may call this Conference ID: 7603733.
Persons interested in the work of this
number and listen to the meeting. An FOR FURTHER INFORMATION CONTACT:
Committee are directed to the
open comment period will be provided Carolyn Allen at callen@usccr.gov or
Commission’s Web site, http://
to allow members of the public to make 312–353–8311.
www.usccr.gov, or may contact the a statement as time allows. The
Midwestern Regional Office at the above Dated: April 13, 2015.
conference call operator will ask callers
email or street address. David Mussatt,
to identify themselves, the organization
they are affiliated with (if any), and an Chief, Regional Programs Unit.
Agenda
email address prior to placing callers [FR Doc. 2015–08769 Filed 4–16–15; 8:45 am]
Welcome and Introductions into the conference room. Callers can BILLING CODE 6335–01–P
Donna Budnick, Chair expect to incur charges for calls they
initiate over wireless lines, and the
Discussion of civil rights issues in Commission will not refund any DEPARTMENT OF COMMERCE
Michigan incurred charges. Callers will incur no
Michigan Advisory Committee charge for calls they initiate over land- International Trade Administration
Members line connections to the toll-free [A–570–014]
Future plans and actions telephone number. Persons with hearing
impairments may also follow the 53-Foot Domestic Dry Containers From
Adjournment proceedings by first calling the Federal the People’s Republic of China: Final
The meeting will be held on
DATES: Relay Service at 1–800–977–8339 and Determination of Sales at Less Than
Monday, May 11, 2015, at 3:00 p.m. providing the Service with the Fair Value; Final Negative
EST. conference call number and conference Determination of Critical
ID number. Circumstances
Public Call Information Member of the public are also entitled
to submit written comments; the AGENCY: Enforcement and Compliance,
Dial: 888–572–7025 comments must be received in the International Trade Administration,
Conference ID: 1183630. regional office by July 30, 2015. Written Commerce.
FOR FURTHER INFORMATION CONTACT:
comments may be mailed to the SUMMARY: The Department of Commerce
Carolyn Allen at callen@usccr.gov or Midwestern Regional Office, U.S. (the Department) determines that
Commission on Civil Rights, 55 W. imports of 53-foot domestic dry
312–353–8311.
Monroe St., Suite 410, Chicago, IL containers (domestic dry containers)
Dated: April 13, 2015. 60615. They may also be faxed to the from the People’s Republic of China
tkelley on DSK3SPTVN1PROD with NOTICES
David Mussatt, Commission at (312) 353–8324, or (PRC) are being, or are likely to be, sold
Chief, Regional Programs Unit. emailed to Administrative Assistant, in the United States at less than fair
[FR Doc. 2015–08770 Filed 4–16–15; 8:45 am] Carolyn Allen at callen@usccr.gov. value (LTFV), as provided in section
Persons who desire additional 735 of the Tariff Act of 1930, as
BILLING CODE 6335–01–P
information may contact the amended (the Act). The final weighted-
Midwestern Regional Office at (312) average dumping margins for the
353–8311. investigation on domestic dry
VerDate Sep<11>2014 19:08 Apr 16, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\17APN1.SGM 17APN1](https://thefederalregister.org/doc/80_FR_21277/page/1.svg)
![Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices 21207
and rear wheeled chassis are of integrated U.S. Department of Commerce, 14th arithmetic function, clerical error
construction, and the cargo box of the unit Street and Constitution Avenue NW., resulting from inaccurate copying,
may not be separated from the chassis for Washington, DC 20230; telephone: (202) duplication, or the like, and any other
further intermodal transport; (3) container 482–2593. similar type of unintentional error
chassis, whether or not imported with
domestic containers, but the domestic SUPPLEMENTARY INFORMATION: As noted which the Secretary considers
containers remain subject merchandise, to above, on April 1, 2015, the Department ministerial.6 A significant ministerial
the extent they meet the written description published in the Federal Register the error is defined as a ministerial error,
of the scope. Imports of the subject Preliminary Determination that boltless the correction of which, singly or in
merchandise are provided for under steel shelving from the PRC is being, or combination with other errors, would
subheading 8609.00.0000 of the Harmonized is likely to be, sold in the United States result in (1) a change of at least five
Tariff Schedule of the United States at LTFV, as provided in section 733 of absolute percentage points in, but not
(HTSUS). Imports of the subject merchandise the Tariff Act of 1930, as amended less than 25 percent of, the weighted-
which meet the definition of and average dumping margin calculated in
(‘‘Act’’).2 On March 30, 2015, Hoifat
requirements for ‘‘instruments of
international traffic’’ pursuant to 19 U.S.C.
filed timely allegations of ministerial the original (erroneous) preliminary
1322 and 19 CFR10.41a may be classified errors contained in the Department’s determination, or (2) a difference
under subheading 9803.00.50, HTSUS. While Preliminary Determination.3 between a weighted-average dumping
HTSUS subheadings are provided for margin of zero or de minimis and a
Period of Investigation
convenience and customs purposes, the weighted-average dumping margin of
written description of the subject The period of investigation (‘‘POI’’) is greater than de minimis or vice versa.7
merchandise as set forth herein is January 1, 2014, through June 30, 2014.4 As a result of this amended preliminary
dispositive. determination, we have added Hoifat to
Scope of Investigation
[FR Doc. 2015–08903 Filed 4–16–15; 8:45 am] the list of exporters that received a
BILLING CODE 3510–DS–P
The scope of this investigation covers separate rate.8
boltless steel shelving units
prepackaged for sale, with or without Ministerial Error Allegations
DEPARTMENT OF COMMERCE decks (‘‘boltless steel shelving’’). The On March 30, 2015, Hoifat, a separate
term ‘‘prepackaged for sale’’ means that, rate applicant,9 submitted a ministerial
International Trade Adminstration at a minimum, the steel vertical error allegation claiming that although
supports (i.e., uprights and posts) and Hoifat filed a quantity and value
[A–570–018]
steel horizontal supports (i.e., beams, response and a separate rate application
Boltless Steel Shelving Units braces) necessary to assemble a in this investigation, its separate rate
Prepackaged for Sale From the completed shelving unit (with or status was not analyzed and it was not
People’s Republic of China: Amended without decks) are packaged together for named in the Preliminary Determination
Preliminary Determination of Sales at ultimate purchase by the end-user. as one of the exporters receiving a
Less Than Fair Value and Subject boltless steel shelving enters the separate rate.10 The Department
Postponement of Final Determination United States through Harmonized reviewed the record and agrees that this
Tariff Schedule of the United States constitutes a significant ministerial error
AGENCY: Enforcement and Compliance, (‘‘HTSUS’’) statistical subheadings within the meaning of 19 CFR
International Trade Administration, 9403.20.0018 and 9403.20.0020, but 351.224(g). In its SRA, Hoifat submitted
Commerce. may also enter through HTSUS information supporting a preliminary
SUMMARY: On April 1, 2015, the 9403.10.0040. While HTSUS finding of an absence of de jure and de
Department of Commerce subheadings are provided for facto government control.11
(‘‘Department’’) published the convenience and customs purposes, the Accordingly, we preliminarily
Preliminary Determination of sales at written description of the scope of this
determine that Hoifat is eligible for a
less than fair value (‘‘LTFV’’) in the investigation is dispositive.5
separate rate, because the failure to
antidumping duty investigation of Significant Ministerial Error conduct a separate rate analysis was an
boltless steel shelving units unintentional error. Further, this error
Pursuant to 19 CFR 351.224(e) and
prepackaged for sale (‘‘boltless steel was significant because Hoifat’s margin
(g)(1), the Department is amending the
shelving’’) from the People’s Republic of increased from the separate rate of 52.23
Preliminary Determination to reflect the
China (‘‘PRC’’).1 We are amending our to the PRC-wide rate of 112.68 as a
correction of a significant ministerial
Preliminary Determination to correct a result of this error, thus exceeding the
error it made in the margin assigned to
ministerial error with respect to the significant error threshold because a
Hoifat, a separate rate applicant. A
identification of companies receiving a ministerial error is defined as errors in correction of this error results in a
separate rate. Specifically, we are addition, subtraction, or other change of at least five absolute
amending the Preliminary percentage points.
Determination to grant a separate rate to 2 See Preliminary Determination. The collection of cash deposits and
HoiFat (NingBo) Office Facilities Co., 3 See Letter to the Secretary of Commerce from suspension of liquidation will be
Ltd. (‘‘Hoifat’’). Hoifat ‘‘Ministerial Error Comment’’ (March 30, revised accordingly in accordance with
2015) (‘‘Hoifat Ministerial Comment’’).
DATES: Effective: April 1, 2015. 4 See 19 CFR 351.204(b)(1).
6 See section 735(e) of the Act.
FOR FURTHER INFORMATION CONTACT: 5 For a complete description of the scope of the
7 See 19 CFR 351.224(g).
Kabir Archuletta, AD/CVD Operations, investigation, see Memorandum from Kabir 8 See the ‘‘Amended Preliminary Determination’’
Archuletta, Senior International Trade Analyst,
tkelley on DSK3SPTVN1PROD with NOTICES
Office V, Enforcement and Compliance, section below.
Office V, to Christian Marsh, Deputy Assistant
International Trade Administration, Secretary for Antidumping and Countervailing Duty
9 See Letter to the Secretary of Commerce from
Operations, ‘‘Antidumping Duty Investigation of Hoifat ‘‘Separate Rate Application’’ (November 21,
1 See Boltless Steel Shelving Units Prepackaged Boltless Steel Shelving Units Prepackaged for Sale 2014) (‘‘SRA’’).
10 See Hoifat Ministerial Comment.
for Sale from the People’s Republic of China: from the People’s Republic of China: Analysis of
Preliminary Determination of Sales at Less than Ministerial Error Allegation,’’ which is dated 11 See Letter to the Secretary of Commerce from
Fair Value, 80 FR 17409 (April 1, 2015) concurrently with and hereby adopted by this Hoifat ‘‘Separate Rate Application’’ (November 21,
(‘‘Preliminary Determination’’). notice. 2014) at 5–15 and Exhibits 3–14.
VerDate Sep<11>2014 19:08 Apr 16, 2015 Jkt 235001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\17APN1.SGM 17APN1](https://thefederalregister.org/doc/80_FR_21277/page/5.svg)
Document Created: 2015-12-18 11:19:49
Document Modified: 2015-12-18 11:19:49
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective: April 17, 2015. | |
| Contact | Brian Davis (Singamas), John Drury (CIMC), or Angelica Townshend, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-7924, (202) 482-0195 or (202) 482-3019, respectively. | |
| FR Citation | 80 FR 21203 |
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