80 FR 21207 - Boltless Steel Shelving Units Prepackaged for Sale From the People's Republic of China: Amended Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination
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 | 21207-21208 | |
| FR Document | 2015-08898 |
[Federal Register Volume 80, Number 74 (Friday, April 17, 2015)] [Notices] [Pages 21207-21208] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-08898] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Adminstration [A-570-018] Boltless Steel Shelving Units Prepackaged for Sale From the People's Republic of China: Amended Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination AGENCY: Enforcement and Compliance, International Trade Administration, Commerce. SUMMARY: On April 1, 2015, the Department of Commerce (``Department'') published the Preliminary Determination of sales at less than fair value (``LTFV'') in the antidumping duty investigation of boltless steel shelving units prepackaged for sale (``boltless steel shelving'') from the People's Republic of China (``PRC'').\1\ We are amending our Preliminary Determination to correct a ministerial error with respect to the identification of companies receiving a separate rate. Specifically, we are amending the Preliminary Determination to grant a separate rate to HoiFat (NingBo) Office Facilities Co., Ltd. (``Hoifat''). --------------------------------------------------------------------------- \1\ See 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 (April 1, 2015) (``Preliminary Determination''). --------------------------------------------------------------------------- DATES: Effective: April 1, 2015. FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, 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. SUPPLEMENTARY INFORMATION: As noted above, on April 1, 2015, the Department published in the Federal Register the Preliminary Determination that boltless steel shelving from the PRC is being, or is likely to be, sold in the United States at LTFV, as provided in section 733 of the Tariff Act of 1930, as amended (``Act'').\2\ On March 30, 2015, Hoifat filed timely allegations of ministerial errors contained in the Department's Preliminary Determination.\3\ --------------------------------------------------------------------------- \2\ See Preliminary Determination. \3\ See Letter to the Secretary of Commerce from Hoifat ``Ministerial Error Comment'' (March 30, 2015) (``Hoifat Ministerial Comment''). --------------------------------------------------------------------------- Period of Investigation The period of investigation (``POI'') is January 1, 2014, through June 30, 2014.\4\ --------------------------------------------------------------------------- \4\ See 19 CFR 351.204(b)(1). --------------------------------------------------------------------------- Scope of 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. 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.\5\ --------------------------------------------------------------------------- \5\ For a complete description of the scope of the investigation, see Memorandum from Kabir Archuletta, Senior International Trade Analyst, Office V, to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ``Antidumping Duty Investigation of Boltless Steel Shelving Units Prepackaged for Sale from the People's Republic of China: Analysis of Ministerial Error Allegation,'' which is dated concurrently with and hereby adopted by this notice. --------------------------------------------------------------------------- Significant Ministerial Error Pursuant to 19 CFR 351.224(e) and (g)(1), the Department is amending the Preliminary Determination to reflect the correction of a significant ministerial error it made in the margin assigned to Hoifat, a separate rate applicant. A ministerial error is defined as errors in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other similar type of unintentional error which the Secretary considers ministerial.\6\ A significant ministerial error is defined as a ministerial error, the correction of which, singly or in combination with other errors, would result in (1) a change of at least five absolute percentage points in, but not less than 25 percent of, the weighted-average dumping margin calculated in the original (erroneous) preliminary determination, or (2) a difference between a weighted- average dumping margin of zero or de minimis and a weighted-average dumping margin of greater than de minimis or vice versa.\7\ As a result of this amended preliminary determination, we have added Hoifat to the list of exporters that received a separate rate.\8\ --------------------------------------------------------------------------- \6\ See section 735(e) of the Act. \7\ See 19 CFR 351.224(g). \8\ See the ``Amended Preliminary Determination'' section below. --------------------------------------------------------------------------- Ministerial Error Allegations On March 30, 2015, Hoifat, a separate rate applicant,\9\ submitted a ministerial error allegation claiming that although Hoifat filed a quantity and value response and a separate rate application in this investigation, its separate rate status was not analyzed and it was not named in the Preliminary Determination as one of the exporters receiving a separate rate.\10\ The Department reviewed the record and agrees that this constitutes a significant ministerial error within the meaning of 19 CFR 351.224(g). In its SRA, Hoifat submitted information supporting a preliminary finding of an absence of de jure and de facto government control.\11\ Accordingly, we preliminarily determine that Hoifat is eligible for a separate rate, because the failure to conduct a separate rate analysis was an unintentional error. Further, this error was significant because Hoifat's margin increased from the separate rate of 52.23 to the PRC-wide rate of 112.68 as a result of this error, thus exceeding the significant error threshold because a correction of this error results in a change of at least five absolute percentage points. --------------------------------------------------------------------------- \9\ See Letter to the Secretary of Commerce from Hoifat ``Separate Rate Application'' (November 21, 2014) (``SRA''). \10\ See Hoifat Ministerial Comment. \11\ See Letter to the Secretary of Commerce from Hoifat ``Separate Rate Application'' (November 21, 2014) at 5-15 and Exhibits 3-14. --------------------------------------------------------------------------- The collection of cash deposits and suspension of liquidation will be revised accordingly in accordance with [[Page 21208]] section 733(d) and (f) of the Act and 19 CFR 351.224. Because the amended rate for Hoifat results in a reduced cash deposit rate, the rate for Hoifat will be effective retroactively to April 1, 2015, the date of publication of the Preliminary Determination. Amended Preliminary Determination As a result of this amended preliminary determination, we have revised the preliminary estimated weighted-average dumping margin for Hoifat as follows: ------------------------------------------------------------------------ Weighted-average Exporter Producer 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 85.26 Manufacturing Co., Ltd. Racking Manufacturing Co., Ltd. Ningbo ETDZ Huixing Trade Co., Haifa (Ningbo) 50.23 Ltd. Office 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 50.23 Ltd. Product Co., Ltd. Meridian International Co., Ltd. Zhejiang Limai 50.23 Metal Products Co. Ltd. Zhejiang Limai Metal Products Zhejiang Limai 50.23 Co., Ltd. Metal Products Co., Ltd. HoiFat (NingBo) Office HoiFat (NingBo) 50.23 Facilities Co., Ltd. Office Facilities Co., Ltd. PRC-Wide Entity................. .................. 112.68 ------------------------------------------------------------------------ Postponement of the Final Determination In the Preliminary Determination, the Department stated that it would make its final determination for this antidumping duty investigation no later than 75 days after the preliminary determination. Section 735(a)(2) of the Tariff Act of 1930 (``the Act'') provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by petitioner. In addition, section 351.210(e)(2) of the Department's regulations require that requests by respondents for postponement of a final determination be accompanied by a request for extension of provisional measures from a four month period to not more than six months. On April 7, 2015, Zhongda United Holding Group Co., Ltd., one of the two mandatory respondents in this investigation, requested a 60-day extension of the final determination and extension of the provisional measures. Thus, because our amended preliminary determination is affirmative, and the respondent requesting a postponement of the final determination and an extension of the provisional measures accounts for a significant proportion of exports of boltless steel shelving, and no compelling reasons for denial exist, we are postponing the deadline for the final determination by 60 days until August 14, 2015, based on the publication date of the Preliminary Determination International Trade Commission Notification In accordance with section 733(f) of the Act, we notified the International Trade Commission of our amended preliminary determination. This amended preliminary determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.224(e). Dated: April 10, 2015. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015-08898 Filed 4-16-15; 8:45 am] BILLING CODE 3510-DS-P
![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.
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![21208 Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices
section 733(d) and (f) of the Act and 19 the date of publication of the revised the preliminary estimated
CFR 351.224. Because the amended rate Preliminary Determination. weighted-average dumping margin for
for Hoifat results in a reduced cash Amended Preliminary Determination Hoifat as follows:
deposit rate, the rate for Hoifat will be
effective retroactively to April 1, 2015, As a result of this amended
preliminary determination, we have
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
HoiFat (NingBo) Office Facilities Co., Ltd .............................. HoiFat (NingBo) Office Facilities Co., Ltd .............................. 50.23
PRC-Wide Entity ..................................................................... ................................................................................................. 112.68
Postponement of the Final Preliminary Determination The period of review (POR) is October
Determination 1, 2012, through September 30, 2013.
International Trade Commission
In the Preliminary Determination, the Notification DATES: Effective Date: April 17, 2015.
Department stated that it would make FOR FURTHER INFORMATION CONTACT:
In accordance with section 733(f) of
its final determination for this Sergio Balbontin, AD/CVD Operations,
the Act, we notified the International
antidumping duty investigation no later Office I, Enforcement and Compliance,
Trade Commission of our amended
than 75 days after the preliminary International Trade Administration,
determination. preliminary determination.
This amended preliminary U.S. Department of Commerce, 14th
Section 735(a)(2) of the Tariff Act of Street and Constitution Avenue NW.,
1930 (‘‘the Act’’) provides that a final determination is issued and published
in accordance with sections 733(f) and Washington, DC 20230; telephone 202–
determination may be postponed until 482–6478.
not later than 135 days after the date of 777(i)(1) of the Act and 19 CFR
351.224(e). SUPPLEMENTARY INFORMATION:
the publication of the preliminary
determination if, in the event of an Dated: April 10, 2015. Background
affirmative determination, a request for Ronald K. Lorentzen, On March 9, 2015, the Department
such postponement is made by Acting Assistant Secretary for Enforcement disclosed to interested parties its
exporters who account for a significant and Compliance. calculations for the Final Results.2 On
proportion of exports of the subject [FR Doc. 2015–08898 Filed 4–16–15; 8:45 am] March 16, 2015 we received a
merchandise, or in the event of a BILLING CODE 3510–DS–P ministerial error allegation from Jiangsu
negative preliminary determination, a RC Import & Export Co., Ltd. (Jiangsu
request for such postponement is made RC).3
by petitioner. In addition, section DEPARTMENT OF COMMERCE
351.210(e)(2) of the Department’s Scope of the Order
regulations require that requests by International Trade Administration The merchandise subject to the order
respondents for postponement of a final [A–570–822] are HSLWs. The product is currently
determination be accompanied by a classified under subheading
request for extension of provisional Helical Spring Lock Washers From the 7318.21.0000, 7318.21.0030, and
measures from a four month period to People’s Republic of China: Amended 7318.21.0090 of the Harmonized Tariff
not more than six months. Final Results of Antidumping Duty Schedule of the United States (HTSUS).
On April 7, 2015, Zhongda United Administrative Review; 2012–2013 Although the HTSUS subheadings are
Holding Group Co., Ltd., one of the two provided for convenience and customs
mandatory respondents in this AGENCY: Enforcement and Compliance,
purposes, the written product
investigation, requested a 60-day International Trade Administration,
description is dispositive. A full
extension of the final determination and Department of Commerce.
description of the scope of the order is
extension of the provisional measures. SUMMARY: The Department of Commerce
Thus, because our amended preliminary (Department) is amending the final Duty Administrative Review: Helical Spring Lock
determination is affirmative, and the results of the administrative review of Washers from the People’s Republic of China;
respondent requesting a postponement the antidumping duty order on certain 2012–2013’’ (Issues and Decision Memorandum).
of the final determination and an helical spring lock washers (HSLW) 2 See Memorandum, ‘‘Final Results of the
extension of the provisional measures Eighteenth Administrative Review of Helical Spring
from the People’s Republic of China Lock Washers from the People’s Republic of China:
tkelley on DSK3SPTVN1PROD with NOTICES
accounts for a significant proportion of (PRC) 1 to correct a ministerial error. Analysis of the Preliminary Results Margin
exports of boltless steel shelving, and no Calculation for Jiangsu RC Import & Export Co.,
compelling reasons for denial exist, we 1 See Helical Spring Lock Washers from the Ltd.’’ dated March 9, 2015 (Calculation
are postponing the deadline for the final People’s Republic of China: Final Results of Memorandum).
Antidumping Duty Administrative Review; 2012– 3 See letter from Jiangsu RC, ‘‘RC Final Results
determination by 60 days until August 2013, 80 FR 13833 (March 17, 2015) (Final Results) Ministerial Error Comments: Antidumping Duty
14, 2015, based on the publication date and accompanying ‘‘Issues and Decision Order on Helical Spring Lock Washers from the
of the Memorandum for the Final Results of Antidumping People’s Republic of China’’ dated March 16, 2015.
VerDate Sep<11>2014 19:08 Apr 16, 2015 Jkt 235001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\17APN1.SGM 17APN1](https://thefederalregister.org/doc/80_FR_21281/page/2.svg)
Document Created: 2015-12-18 11:20:34
Document Modified: 2015-12-18 11:20:34
| 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 1, 2015. | |
| Contact | Kabir Archuletta, 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. | |
| FR Citation | 80 FR 21207 |
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