80 FR 51779 - Boltless Steel Shelving Units Prepackaged for Sale From the People's Republic of China: Final Determination of Sales at Less Than Fair Value
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 165 (August 26, 2015)
International Trade Administration
Federal Register Volume 80, Issue 165 (August 26, 2015)
| Page Range | 51779-51782 | |
| FR Document | 2015-20794 |
[Federal Register Volume 80, Number 165 (Wednesday, August 26, 2015)] [Notices] [Pages 51779-51782] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-20794] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-018] Boltless Steel Shelving Units Prepackaged for Sale From the People's Republic of China: Final Determination of Sales at Less Than Fair Value AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (``Department'') 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 735 of the Tariff Act of 1930, as amended (``the Act''). The final weighted-average dumping margins for the investigation on boltless steel shelving units from the PRC are listed in the ``Final Determination Margins'' section, infra. DATES: Effective Date: August 26, 2015. FOR FURTHER INFORMATION CONTACT: Kabir Archuletta or Irene Gorelik, 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) 482-6905, respectively. SUPPLEMENTARY INFORMATION: Background On April 1, 2015, the Department published its Preliminary Determination.\1\ On April 17, 2015, we published an Amended Preliminary Determination and postponement of the final determination.\2\ We invited interested parties to comment on our Preliminary Determination of sales at LTFV and Amended Preliminary Determination. For a list of the parties that filed case and rebuttal briefs, see the Issues and Decision Memorandum.\3\ --------------------------------------------------------------------------- \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). \2\ See 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, 80 FR 21207 (April 17, 2015) (Amended Preliminary Determination). \3\ See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, ``Issues and Decision Memorandum for the Final Determination of the Antidumping Duty Investigation of Boltless Steel Shelving Units Prepackaged for Sale from the People's Republic of China,'' dated concurrently with this notice (``Issues and Decision Memorandum''). --------------------------------------------------------------------------- [[Page 51780]] Period of Investigation The period of investigation (``POI'') is January 1, 2014, through June 30, 2014. This period corresponds to the two most recent fiscal quarters prior to the month of the filing of the petition, which was August 2014.\4\ --------------------------------------------------------------------------- \4\ See 19 CFR 351.204(b)(1). --------------------------------------------------------------------------- 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. Subject boltless steel shelving enters the United States through Harmonized Tariff Schedule of the United States (``HTSUS'') statistical subheadings 9403.20.0018, 9403.20.0020, 9403.20.0025, and 9403.20.0026, 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. Several interested parties commented on the scope of this investigation, which we have summarized in the accompanying Issues and Decision Memorandum. For a complete description of the scope of the investigation, see Appendix I to this notice. Verification As provided in section 782(i) of the Act, between May 4 and May 15, 2014, the Department conducted verification of the information submitted by Nanjing Topsun Racking Manufacturing Co., Ltd. (``Topsun'') and Zhongda United Holding Group Co., Ltd. (``Zhongda United'') \5\ for use in the final determination. We issued our verification reports on June 4, 2014, and June 5, 2015.\6\ The Department used standard verification procedures, including examination of relevant accounting and production records and original source documents provided by respondents.\7\ --------------------------------------------------------------------------- \5\ Zhongda United, Zhongda IE and Jiaxing Zhongda Metalwork Co., Ltd. (collectively, ``Zhongda'') submitted questionnaire responses on behalf of both companies based on the contention that the entities are affiliated. See Memorandum to the File from through Catherine Bertrand, Program Manager, Office V, from Kabir Archuletta, Senior International Trade Analyst, Office V ``Antidumping Duty Investigation of Boltless Steel Shelving Units Prepackaged for Sale from the People's Republic of China: Preliminary Determination of Affiliation/Single Entity Treatment for Zhongda United Holding Group Co., Ltd., Jiaxing Zhongda Import & Export Co., Ltd., and Jiaxing Zhongda Metalwork Co., Ltd.'' (March 24, 2015) (``Zhongda Affiliation Memo''). \6\ See the Department's two memoranda regarding: ``Verification of the Sales and Factors Response of Topsun Racking Manufacturing Co., Ltd. (``Topsun'') in the Antidumping Duty Less Than Fair Value Investigation of Boltless Steel Shelving Units Prepackaged for Sale from the People's Republic of China,'' dated June 4, 2015; and ``Verification of the Sales and Factors Responses of Zhongda United Holding Group Co., Ltd., in the Investigation of Boltless Steel Shelving Units Prepackaged for Sale from the People's Republic of China,'' dated June 5, 2015. See also the Department Memorandum, ``Revised Verification of the Sales and Factors Response of Topsun Racking Manufacturing Co., Ltd. (``Topsun'') in the Antidumping Duty Less Than Fair Value Investigation of Boltless Steel Shelving Units Prepackaged for Sale from the People's Republic of China.'' (August 3, 2015) (``Topsun Revised Verification Report''); see also, Department's Letter to Topsun, ``Boltless Steel Shelving Units Prepackaged for Sale from the People's Republic of China: Public Treatment of Information Previously Bracketed as Proprietary.'' (July 27, 2015); Department's Letter to Topsun, ``Boltless Steel Shelving Units Prepackaged for Sale from the People's Republic of China: Public Treatment of Information Previously Bracketed as Proprietary.'' (July 30, 2015). \6\ See Letter from Topsun, ``Case Brief of Petitioner's Bracketing Concerns.'' (June 17, 2015). \7\ Id. --------------------------------------------------------------------------- Analysis of Comments Received We addressed all issues raised by parties in case and rebuttal briefs in the Issues and Decision Memorandum.\8\ Appendix II to this notice includes a list of the issues which the parties raised and to which the Department responded in the Issues and Decision Memorandum. 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://access.trade.gov. The Issues and Decision Memorandum is available to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum is available at http://enforcement.trade.gov/frn/index.html. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. --------------------------------------------------------------------------- \8\ See Issues and Decision Memorandum. --------------------------------------------------------------------------- Changes Since the Amended Preliminary Determination Based on the Department's analysis of the comments received and our findings at verification, we made certain changes to Zhongda United's and Topsun's margin calculations. For a discussion of these changes, see the Issues and Decision Memorandum. Furthermore, we find that Topsun failed to cooperate by not acting to the best of its ability in this proceeding and, pursuant to section 776(b) of the Act and 19 CFR 351.308(a), we have based Topsun's dumping margin on total adverse facts available (``AFA''). For further discussion, see the Issues and Decision Memorandum. Combination Rates In the Initiation Notice,\9\ 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.\10\ --------------------------------------------------------------------------- \9\ 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''). \10\ 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. --------------------------------------------------------------------------- Separate Rate Under section 735(c)(5)(A) of the Act, the all-others rate is normally an amount equal to the weighted average of the estimated weighted average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely on the basis of facts available. Accordingly, when only one weighted-average dumping margin for an individually investigated respondent is above de minimis and not based entirely on facts available, the separate rate will be equal to that single, above de minimis rate. In this final determination, the Department has calculated a rate for Zhongda that is not zero, de minimis, or based entirely on facts available. With respect to the other mandatory respondent, we have determined to apply a rate that is based entirely on facts available, thus it is excluded from separate rate consideration. Therefore, the Department has assigned to the companies that have not been individually examined but have demonstrated their eligibility for a [[Page 51781]] separate rate a margin of 17.55 percent, which is the rate calculated for Zhongda. PRC-Wide Rate For the final determination, we have determined to use, as the AFA rate applied to the PRC-wide entity, 112.68 percent, the highest CONNUM-specific dumping margin calculated in the Preliminary Determination. Consistent with our practice, the Department selected Topsun's highest CONNUM-specific margin, as AFA, because this rate is higher than the other rates in this investigation and therefore, sufficiently adverse to serve the purposes of facts available.\11\ Furthermore, there is no need to corroborate the selected margin because it is based on information submitted by Topsun in the course of this investigation, i.e., it is not secondary information.\12\ --------------------------------------------------------------------------- \11\ See Issues and Decision Memorandum for a detailed discussion. \12\ See 19 CFR 351.308(c) and (d) and section 776(c) of the Act. --------------------------------------------------------------------------- Final Determination The Department determines that the estimated final weighted-average dumping margins are as follows: ------------------------------------------------------------------------ Weighted- Exporter Producer average margin (percent) ------------------------------------------------------------------------ Zhongda United Holding Group Jiaxing Zhongda 17.55 Co., Ltd. Metalwork Co., Ltd. Jiaxing Zhongda Import & Export Jiaxing Zhongda 17.55 Co., Ltd. Metalwork Co., Ltd. Ningbo ETDZ Huixing Trade Co., Haifa (Ningbo) Office 17.55 Ltd. Equipment Co., Ltd. Ningbo ETDZ Huixing Trade Co., Ningbo Decko Metal 17.55 Ltd. Products Trade Co., Ltd. Ningbo ETDZ Huixing Trade Co., Lianfa Metal Product 17.55 Ltd. Co., Ltd. Meridian International Co., Ltd Zhejiang Limai Metal 17.55 Products Co., Ltd. Zhejiang Limai Metal Products Zhejiang Limai Metal 17.55 Co., Ltd. Products Co., Ltd. HoiFat (NingBo) Office HoiFat (NingBo) Office 17.55 Facilities Co., Ltd. Facilities Co., Ltd. PRC-Wide Entity (including ....................... 112.68 Nanjing Topsun Racking Manufacturing Co., Ltd.). ------------------------------------------------------------------------ Disclosure We intend to disclose to parties the calculations performed in this proceeding within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, the Department will instruct U.S. Customs and Border Protection (``CBP'') to continue to suspend liquidation of all appropriate entries of boltless steel shelving units prepackaged for sale from the PRC as described in the ``Scope of the Investigation'' section, which were entered, or withdrawn from warehouse, for consumption on or after April 1, 2015, the date of publication in the Federal Register of the affirmative Preliminary Determination. Further, pursuant to 19 CFR 351.205(d), the Department will instruct CBP to require a cash deposit \13\ equal to the weighted-average amount by which the normal value exceeds U.S. price, adjusted where appropriate for export subsidies and estimated domestic subsidy pass-through, as follows: (1) For the exporter/ producer combination listed in the table above, the cash deposit rate will be equal to the dumping margin which the Department determined in this final determination; (2) for all combinations of PRC exporters/ producers of merchandise under consideration which have not received their own separate rate above, the cash deposit rate will be equal to the dumping margin 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 equal to the cash deposit rate applicable to the PRC exporter/producer combination that supplied that non-PRC exporter. --------------------------------------------------------------------------- \13\ 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). --------------------------------------------------------------------------- As we stated in the Preliminary Determination, 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.\14\ In this LTFV investigation, export subsidies constitute 16.06 percent \15\ of the final calculated countervailing duty rate in the concurrent countervailing duty investigation, and, thus, we will offset the calculated rates for Zhongda, the companies receiving a separate rate, and the PRC-wide rate of 112.68 percent by the countervailing duty rate attributable to export subsidies (i.e., 16.06 percent) to calculate the cash deposit rate for this LTFV investigation. Furthermore, as previously stated, 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.\16\ --------------------------------------------------------------------------- \14\ See Preliminary Determination, 80 FR at 17411. \15\ The following subsidy programs in the final 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 (14.79 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: Final Affirmative Countervailing Duty Determination (``CVD Final'') 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. \16\ See Preliminary Determination, 80 FR at 17411. --------------------------------------------------------------------------- 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 LTFV. As the Department's final determination is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will determine, within 45 days, whether the domestic industry in [[Page 51782]] the United States is materially injured, or threatened with material injury, by reason of imports of boltless steel shelving units prepackaged for sale from the PRC, or sales (or the likelihood of sales) for importation, of boltless steel shelving units prepackaged for sale from the PRC. If the ITC determines that such injury does not exist, this proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury does exist, 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. Return or Destruction of Proprietary Information This notice also serves as a reminder to the parties subject to administrative protective order (APO) of their responsibility concerning the disposition of propriety information disclosed under APO in accordance with 19 CFR 351.305. Timely written notification of return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act. Dated: August 14, 2015. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix I--Scope of the Investigation The scope of this investigation covers boltless steel shelving units prepackaged for sale, with or without decks (``boltless steel shelving''). The term ``prepackaged for sale'' means that, at a minimum, the steel vertical supports (i.e., uprights and posts) and steel horizontal supports (i.e., beams, braces) necessary to assemble a completed shelving unit (with or without decks) are packaged together for ultimate purchase by the end-user. The scope also includes add-on kits. Add-on kits include, but are not limited to, kits that allow the end-user to add an extension shelving unit onto an existing boltless steel shelving unit such that the extension and the original unit will share common frame elements (e.g., two posts). The term ``boltless'' refers to steel shelving in which the vertical and horizontal supports forming the frame are assembled primarily without the use of nuts and bolts or screws. The vertical and horizontal support members for boltless steel shelving are assembled by methods such as, but not limited to, fitting a rivet, punched or cut tab or other similar connector on one support into a hole, slot or similar receptacle on another support. The supports lock together to form the frame for the shelving unit, and provide the structural integrity of the shelving unit separate from the inclusion of any decking. The incidental use of nuts and bolts or screws to add accessories, wall anchors, tie-bars or shelf supports does not remove the product from scope. Boltless steel shelving units may also come packaged as partially assembled, such as when two upright supports are welded together with front-to-back supports, or are otherwise connected, to form an end unit for the frame. The boltless steel shelving covered by this investigation may be commonly described as rivet shelving, welded frame shelving, slot and tab shelving, and punched rivet (quasi-rivet) shelving as well as by other trade names. The term ``deck'' refers to the shelf that sits on or fits into the horizontal supports (beams or braces) to provide the horizontal storage surface of the shelving unit. The scope includes all boltless steel shelving meeting the description above, regardless of (1) vertical support or post type (including but not limited to open post, closed post and tubing); (2) horizontal support or beam/brace profile (including but not limited to Z-beam, C-beam, L-beam, step beam and cargo rack); (3) number of supports; (4) surface coating (including but not limited to paint, epoxy, powder coating, zinc and other metallic coating); (5) number of levels; (6) weight capacity; (7) shape (including but not limited to rectangular, square, and corner units); (8) decking material (including but not limited to wire decking, particle board, laminated board or no deck at all); or (9) the boltless method by which vertical and horizontal supports connect (including but not limited to keyhole and rivet, slot and tab, welded frame, punched rivet and clip). Specifically excluded from the scope are:Wall-mounted shelving, defined as shelving that is hung on the wall and does not stand on, or transfer load to, the floor; \17\ --------------------------------------------------------------------------- \17\ The addition of a wall bracket or other device to attach otherwise freestanding subject merchandise to a wall does not meet the terms of this exclusion. --------------------------------------------------------------------------- wire shelving units, which consist of shelves made from wire that incorporates both a wire deck and wire horizontal supports (taking the place of the horizontal beams and braces) into a single piece with tubular collars that slide over the posts and onto plastic sleeves snapped on the posts to create the finished shelving unit; bulk-packed parts or components of boltless steel shelving units; and made-to-order shelving systems. Subject boltless steel shelving enters the United States through Harmonized Tariff Schedule of the United States (``HTSUS'') statistical subheadings 9403.20.0018, 9403.20.0020, 9403.20.0025, and 9403.20.0026, 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. Appendix II--Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Changes Since the Preliminary Determination V. Use of Adverse Facts Available VI. Discussion of the Issues General Issues Comment 1: Surrogate Country Comment 2: Whether Whirlpool's Products Are Within the Scope A. Whirlpool's Incomplete Units B. Whirlpool's Pre-Wrapped Bundles Comment 3: Whether Costco's Products Are Within the Scope Surrogate Value Issues Comment 4: Freight Weight Basis Comment 5: Steel Strip Surrogate Value Comment 6: Wire Deck Surrogate Value Comment 7: Carton Surrogate Value Comment 8: Surrogate Financial Ratios A. Other Income/Expense B. Commission/Advertisement Company-Specific Issues Topsun Comment 9: Standards for Department Determinations A. Consistent Disposition of New Factual Information Submissions B. Rejection of New Information Comment 10: Whether Topsun's Due Process Was Violated Comment 11: Whether To Assign an Adverse Inference to Topsun's Cost of Goods Sold Comment 12: Differential Pricing Comment 13: Treatment of Topsun's Wire Decks Zhongda Comment 14: Byproduct Offset Comment 15: Value-Added Tax (``VAT'') Adjustment Comment 16: Whether AD/CVD Remedies Are Duplicative JS Products Comment 17: Separate Rate [FR Doc. 2015-20794 Filed 8-25-15; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Notices 51779
In accordance with section scope definition; (b) uncoated ground wood DEPARTMENT OF COMMERCE
735(a)(2)(A) of the Act and 19 CFR paper produced from bleached chemi-
351.210(b)(2)(ii), because (1) our thermo-mechanical pulp (BCTMP) that meets International Trade Administration
preliminary determination is this scope definition; and (c) any other
uncoated paper that meets this scope [A–570–018]
affirmative; (2) the requesting exporters
account for a significant proportion of definition regardless of the type of pulp used
Boltless Steel Shelving Units
to produce the paper.
exports of the subject merchandise; and Prepackaged for Sale From the
Specifically excluded from the scope are
(3) no compelling reasons for denial People’s Republic of China: Final
(1) paper printed with final content of
exist, we are postponing the final printed text or graphics and (2) lined paper Determination of Sales at Less Than
determination and extending the products, typically school supplies, Fair Value
provisional measures from a four-month composed of paper that incorporates straight
period to a period not greater than six AGENCY: Enforcement and Compliance,
horizontal and/or vertical lines that would
months. Accordingly, we will make our International Trade Administration,
make the paper unsuitable for copying or
final determination no later than 135 Department of Commerce.
printing purposes.
days after the date of publication of this Imports of the subject merchandise are SUMMARY: The Department of Commerce
preliminary determination, pursuant to provided for under Harmonized Tariff (‘‘Department’’) determines that boltless
section 735(a)(2) of the Act.12 Schedule of the United States (HTSUS) steel shelving units prepackaged for sale
categories 4802.56.1000, 4802.56.2000, from the People’s Republic of China
International Trade Commission (‘‘PRC’’) are being, or are likely to be,
4802.56.3000, 4802.56.4000, 4802.56.6000,
(‘‘ITC’’) Notification 4802.56.7020, 4802.56.7040, 4802.57.1000, sold in the United States at less than fair
In accordance with section 733(f) of 4802.57.2000, 4802.57.3000, and value (‘‘LTFV’’), as provided in section
the Act, we are notifying the ITC of our 4802.57.4000. Some imports of subject 735 of the Tariff Act of 1930, as
affirmative preliminary determination of merchandise may also be classified under amended (‘‘the Act’’). The final
sales at LTFV. If our final determination 4802.62.1000, 4802.62.2000, 4802.62.3000, weighted-average dumping margins for
is affirmative, the ITC will determine 4802.62.5000, 4802.62.6020, 4802.62.6040, the investigation on boltless steel
before the later of 120 days after the date 4802.69.1000, 4802.69.2000, 4802.69.3000, shelving units from the PRC are listed
of this preliminary determination or 45 4811.90.8050 and 4811.90.9080. While in the ‘‘Final Determination Margins’’
days after our final determination HTSUS subheadings are provided for section, infra.
whether these imports are materially convenience and customs purposes, the
written description of the scope of the DATES: Effective Date: August 26, 2015.
injuring, or threaten material injury to, FOR FURTHER INFORMATION CONTACT:
investigation is dispositive.
the U.S. industry. Kabir Archuletta or Irene Gorelik, AD/
This determination is issued and
Appendix II CVD Operations, Office V, Enforcement
published in accordance with sections
and Compliance, International Trade
733(f) and 777(i)(1) of the Act and 19 List of Topics Discussed in the Preliminary Administration, U.S. Department of
CFR 351.205(c). Decision Memorandum Commerce, 14th Street and Constitution
Dated: August 19, 2015. 1. Summary Avenue NW., Washington, DC 20230;
Paul Piquado, 2. Background telephone: (202) 482–2593 or (202) 482–
Assistant Secretary for Enforcement and 3. Period of Investigation 6905, respectively.
Compliance. 4. Postponement of Final Determination and SUPPLEMENTARY INFORMATION:
Extension of Provisional Measures
Appendix I Background
5. Scope Comments
The merchandise covered by this 6. Affiliation and Collapsing On April 1, 2015, the Department
investigation includes uncoated paper in 7. Discussion of Methodology published its Preliminary
sheet form; weighing at least 40 grams per A. Determination of the Comparison
Determination.1 On April 17, 2015, we
square meter but not more than 150 grams Method
published an Amended Preliminary
per square meter; that either is a white paper B. Results of the Differential Pricing
Analysis
Determination and postponement of the
with a GE brightness level 13 of 85 or higher
8. Date of Sale final determination.2 We invited
or is a colored paper; whether or not surface-
decorated, printed (except as described 9. Product Comparisons interested parties to comment on our
below), embossed, perforated, or punched; 10. Constructed Export Price Preliminary Determination of sales at
irrespective of the smoothness of the surface; 11. Excluded U.S. Sales LTFV and Amended Preliminary
and irrespective of dimensions (Certain 12. Normal Value Determination. For a list of the parties
Uncoated Paper). A. Home Market Viability that filed case and rebuttal briefs, see
Certain Uncoated Paper includes (a) B. Affiliated Party Transactions and Arm’s- the Issues and Decision Memorandum.3
uncoated free sheet paper that meets this Length Test
1 See Boltless Steel Shelving Units Prepackaged
C. Level of Trade
Extension of the Final Determination’’ (July 31, D. Cost of Production Analysis for Sale from the People’s Republic of China:
2015). Preliminary Determination of Sales at Less Than
12 See also 19 CFR 351.210(e).
1. Calculation of COP Fair Value, 80 FR 17409 (April 1, 2015)
13 One of the key measurements of any grade of
2. Test of Comparison Market Sales Prices (Preliminary Determination).
paper is brightness. Generally speaking, the brighter 3. Results of the COP Test 2 See Boltless Steel Shelving Units Prepackaged
the paper the better the contrast between the paper E. Calculation of NV Based on Comparison- for Sale From the People’s Republic of China:
and the ink. Brightness is measured using a GE Market Prices Amended Preliminary Determination of Sales at
rmajette on DSK7SPTVN1PROD with NOTICES
Reflectance Scale, which measures the reflection of 13. Facts Available Less Than Fair Value and Postponement of Final
light off a grade of paper. One is the lowest Determination, 80 FR 21207 (April 17, 2015)
A. Use of Facts Available
reflection, or what would be given to a totally black (Amended Preliminary Determination).
grade, and 100 is the brightest measured grade.
B. Application of Facts Available with an 3 See Memorandum from Christian Marsh, Deputy
‘‘Colored paper’’ as used in this scope definition Adverse Inference Assistant Secretary for Antidumping and
means a paper with a hue other than white that 14. Currency Conversion Countervailing Duty Operations, to Ronald K.
reflects one of the primary colors of magenta, Lorentzen, Acting Assistant Secretary for
yellow, and cyan (red, yellow, and blue) or a [FR Doc. 2015–21183 Filed 8–25–15; 8:45 am] Enforcement and Compliance, ‘‘Issues and Decision
combination of such primary colors. BILLING CODE 3510–DS–P Continued
VerDate Sep<11>2014 14:29 Aug 25, 2015 Jkt 235001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\26AUN1.SGM 26AUN1](https://thefederalregister.org/doc/80_FR_51944/page/1.svg)
![51782 Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Notices
the United States is materially injured, similar receptacle on another support. The Appendix II—Issues and Decision
or threatened with material injury, by supports lock together to form the frame for Memorandum
reason of imports of boltless steel the shelving unit, and provide the structural
integrity of the shelving unit separate from I. Summary
shelving units prepackaged for sale from II. Background
the inclusion of any decking. The incidental
the PRC, or sales (or the likelihood of III. Scope of the Investigation
use of nuts and bolts or screws to add
sales) for importation, of boltless steel accessories, wall anchors, tie-bars or shelf IV. Changes Since the Preliminary
shelving units prepackaged for sale from supports does not remove the product from Determination
the PRC. If the ITC determines that such scope. Boltless steel shelving units may also V. Use of Adverse Facts Available
injury does not exist, this proceeding come packaged as partially assembled, such VI. Discussion of the Issues
will be terminated and all securities as when two upright supports are welded General Issues
posted will be refunded or canceled. If together with front-to-back supports, or are
Comment 1: Surrogate Country
the ITC determines that such injury otherwise connected, to form an end unit for
Comment 2: Whether Whirlpool’s Products
does exist, the Department will issue an the frame. The boltless steel shelving covered
Are Within the Scope
antidumping duty order directing CBP by this investigation may be commonly
A. Whirlpool’s Incomplete Units
described as rivet shelving, welded frame
to assess, upon further instruction by B. Whirlpool’s Pre-Wrapped Bundles
shelving, slot and tab shelving, and punched
the Department, antidumping duties on Comment 3: Whether Costco’s Products Are
rivet (quasi-rivet) shelving as well as by other
all imports of the subject merchandise Within the Scope
trade names. The term ‘‘deck’’ refers to the
entered, or withdrawn from warehouse, shelf that sits on or fits into the horizontal Surrogate Value Issues
for consumption on or after the effective supports (beams or braces) to provide the Comment 4: Freight Weight Basis
date of the suspension of liquidation. horizontal storage surface of the shelving Comment 5: Steel Strip Surrogate Value
unit. Comment 6: Wire Deck Surrogate Value
Return or Destruction of Proprietary The scope includes all boltless steel
Information Comment 7: Carton Surrogate Value
shelving meeting the description above, Comment 8: Surrogate Financial Ratios
This notice also serves as a reminder regardless of (1) vertical support or post type A. Other Income/Expense
to the parties subject to administrative (including but not limited to open post, B. Commission/Advertisement
protective order (APO) of their closed post and tubing); (2) horizontal
support or beam/brace profile (including but Company-Specific Issues
responsibility concerning the
not limited to Z-beam, C-beam, L-beam, step Topsun
disposition of propriety information beam and cargo rack); (3) number of
disclosed under APO in accordance supports; (4) surface coating (including but Comment 9: Standards for Department
with 19 CFR 351.305. Timely written not limited to paint, epoxy, powder coating, Determinations
notification of return or destruction of zinc and other metallic coating); (5) number A. Consistent Disposition of New Factual
APO materials or conversion to judicial of levels; (6) weight capacity; (7) shape Information Submissions
B. Rejection of New Information
protective order is hereby requested. (including but not limited to rectangular,
square, and corner units); (8) decking Comment 10: Whether Topsun’s Due Process
Failure to comply with the regulations Was Violated
and terms of an APO is a sanctionable material (including but not limited to wire
decking, particle board, laminated board or Comment 11: Whether To Assign an Adverse
violation. Inference to Topsun’s Cost of Goods Sold
This determination is issued and no deck at all); or (9) the boltless method by
which vertical and horizontal supports Comment 12: Differential Pricing
published in accordance with sections Comment 13: Treatment of Topsun’s Wire
connect (including but not limited to keyhole
735(d) and 777(i)(1) of the Act. and rivet, slot and tab, welded frame,
Decks
Dated: August 14, 2015. punched rivet and clip). Zhongda
Ronald K. Lorentzen, Specifically excluded from the scope are: Comment 14: Byproduct Offset
Acting Assistant Secretary for Enforcement • Wall-mounted shelving, defined as Comment 15: Value-Added Tax (‘‘VAT’’)
and Compliance. shelving that is hung on the wall and does Adjustment
not stand on, or transfer load to, the floor; 17 Comment 16: Whether AD/CVD Remedies
Appendix I—Scope of the Investigation • wire shelving units, which consist of Are Duplicative
The scope of this investigation covers shelves made from wire that incorporates
boltless steel shelving units prepackaged for both a wire deck and wire horizontal JS Products
sale, with or without decks (‘‘boltless steel supports (taking the place of the horizontal Comment 17: Separate Rate
shelving’’). The term ‘‘prepackaged for sale’’ beams and braces) into a single piece with
[FR Doc. 2015–20794 Filed 8–25–15; 8:45 am]
means that, at a minimum, the steel vertical tubular collars that slide over the posts and
onto plastic sleeves snapped on the posts to BILLING CODE 3510–DS–P
supports (i.e., uprights and posts) and steel
horizontal supports (i.e., beams, braces) create the finished shelving unit;
necessary to assemble a completed shelving • bulk-packed parts or components of
unit (with or without decks) are packaged boltless steel shelving units; and DEPARTMENT OF COMMERCE
together for ultimate purchase by the end- • made-to-order shelving systems.
user. The scope also includes add-on kits. Subject boltless steel shelving enters the International Trade Administration
Add-on kits include, but are not limited to, United States through Harmonized Tariff
kits that allow the end-user to add an Schedule of the United States (‘‘HTSUS’’) [A–405–803]
extension shelving unit onto an existing statistical subheadings 9403.20.0018,
boltless steel shelving unit such that the 9403.20.0020, 9403.20.0025, and Purified Carboxymethylcellulose From
extension and the original unit will share 9403.20.0026, but may also enter through Finland: Final Results of Changed
common frame elements (e.g., two posts). HTSUS 9403.10.0040. While HTSUS Circumstances Review and Revocation
The term ‘‘boltless’’ refers to steel shelving in subheadings are provided for convenience of the Antidumping Duty Order
rmajette on DSK7SPTVN1PROD with NOTICES
which the vertical and horizontal supports and Customs purposes, the written
forming the frame are assembled primarily description of the scope of this investigation AGENCY: Enforcement and Compliance,
without the use of nuts and bolts or screws. is dispositive. International Trade Administration,
The vertical and horizontal support members Department of Commerce.
for boltless steel shelving are assembled by 17 The addition of a wall bracket or other device
SUMMARY: On July 8, 2015, the
methods such as, but not limited to, fitting to attach otherwise freestanding subject
a rivet, punched or cut tab or other similar merchandise to a wall does not meet the terms of
Department of Commerce (the
connector on one support into a hole, slot or this exclusion. Department) published its initiation and
VerDate Sep<11>2014 14:29 Aug 25, 2015 Jkt 235001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\26AUN1.SGM 26AUN1](https://thefederalregister.org/doc/80_FR_51944/page/4.svg)
Document Created: 2015-12-15 10:59:06
Document Modified: 2015-12-15 10:59:06
| 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 | |
| Contact | Kabir Archuletta or Irene Gorelik, 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) 482-6905, respectively. | |
| FR Citation | 80 FR 51779 |
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