80_FR_63944 80 FR 63741 - Boltless Steel Shelving Units Prepackaged for Sale From the People's Republic of China: Antidumping Duty Order

80 FR 63741 - Boltless Steel Shelving Units Prepackaged for Sale From the People's Republic of China: Antidumping Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 203 (October 21, 2015)

Page Range63741-63743
FR Document2015-26765

Based on affirmative final determinations by the Department of Commerce (the ``Department'') and the International Trade Commission (``ITC''), the Department is issuing an antidumping duty order on boltless steel shelving units prepackaged for sale from the People's Republic of China (``PRC'').

Federal Register, Volume 80 Issue 203 (Wednesday, October 21, 2015)
[Federal Register Volume 80, Number 203 (Wednesday, October 21, 2015)]
[Notices]
[Pages 63741-63743]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26765]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-018]


Boltless Steel Shelving Units Prepackaged for Sale From the 
People's Republic of China: Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the ``Department'') and the International Trade Commission 
(``ITC''), the Department is issuing an

[[Page 63742]]

antidumping duty order on boltless steel shelving units prepackaged for 
sale from the People's Republic of China (``PRC'').

DATES: Effective date: October 21, 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 August 26, 2015, the Department published the final 
determination of sales at less than fair value in the antidumping duty 
investigation of boltless steel shelving units prepackaged for sale 
from the PRC.\1\ On October 7, 2015, the ITC notified the Department of 
its final determination pursuant to section 735(b)(1)(A)(i) of the 
Tariff Act of 1930, as amended (``the Act''), that an industry in the 
United States is materially injured or threatened with material injury 
by reason of imports of boltless steel shelving units prepackaged for 
sale from the PRC.\2\
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    \1\ See Boltless Steel Shelving Units Prepackaged for Sale From 
the People's Republic of China: Final Determination of Sales at Less 
Than Fair Value, 80 FR 51779 (August 26, 2015) (``Final 
Determination'') and accompanying Issues and Decision Memorandum.
    \2\ See Letter to Christian Marsh, Deputy Assistant Secretary of 
Commerce for Enforcement and Compliance, from Meredith Broadbent, 
Chairman of the U.S. International Trade Commission, regarding 
boltless steel shelving units prepackaged for sale from the People's 
Republic of China (October 7, 2015). See also Boltless Steel 
Shelving Units Prepackaged for Sale from China, Investigation Nos. 
701-TA-523 and 731-TA-1259 (Final), 80 FR 61841 (October 14, 2015).
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Scope of the Order

    The scope of this order 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 order 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; \3\
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    \3\ 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 order is dispositive.

Antidumping Duty Order

    In accordance with sections 735(b)(1)(A)(i) and 735(d) of the Act, 
the ITC has notified the Department of its final determination in this 
investigation, in which it found that imports of boltless steel 
shelving from the PRC are materially injuring or threatening material 
injury to a U.S. industry. Therefore, in accordance with section 
735(c)(2) of the Act, we are publishing this antidumping duty order.
    As a result of the ITC's final determination, in accordance with 
section 736(a)(1) of the Act, the Department will direct U.S. Customs 
and Border Protection (``CBP'') to assess, upon further instruction by 
the Department, antidumping duties equal to the amount by which the 
normal value of the merchandise exceeds the export price (or 
constructed export price) of the merchandise, for all relevant entries 
of boltless steel shelving from the PRC. These antidumping duties will 
be assessed on unliquidated entries from the PRC entered, or withdrawn 
from warehouse, for consumption on or after April 1, 2015, the date on 
which the Department published the Preliminary Determination,\4\ but 
will not include entries occurring after the expiration of the 
provisional measures period and before publication of the ITC's final 
injury determination, as further described below.
---------------------------------------------------------------------------

    \4\ 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'').

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[[Page 63743]]

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct CBP to continue to suspend liquidation on entries of subject 
merchandise from the PRC. We will also instruct CBP to require cash 
deposits equal to the estimated amount by which the normal value 
exceeds the U.S. price as indicated in the chart below, adjusted where 
appropriate for export subsidies and estimated domestic subsidy pass-
through.\5\ These instructions suspending liquidation will remain in 
effect until further notice.
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    \5\ See Final Determination 80 FR at 51781 (describing the 
adjustments to the AD duty margins in more detail); see also 
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, 
e.g., 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.
---------------------------------------------------------------------------

    Accordingly, effective on the date of publication of the ITC's 
final affirmative injury determination, CBP will require, at the same 
time as importers would normally deposit estimated duties on this 
subject merchandise, a cash deposit equal to the estimated weighted-
average antidumping duty margins, adjusted where appropriate for export 
subsidies and estimated domestic subsidy pass-through, as discussed 
above.\6\ The ``PRC-wide'' rate applies to all exporters of subject 
merchandise not specifically listed.
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    \6\ See sections 736(a)(3), 772(c)(1)(C) and 777A(f) of the Act.
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Provisional Measures

    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months except where exporters representing a 
significant proportion of exports of the subject merchandise request 
the Department to extend that four-month period to no more than six 
months. At the request of an exporter that accounted for a significant 
proportion of exports of boltless steel shelving from the PRC, we 
extended the four-month period to no more than six months.\7\ In the 
underlying investigation, the Department published the Preliminary 
Determination on April 1, 2015. Therefore, the six-month period 
beginning on the date of the publication of the Preliminary 
Determination ended on September 27, 2015. Furthermore, section 737(b) 
of the Act states that definitive duties are to begin on the date of 
publication of the ITC's final injury determination.
---------------------------------------------------------------------------

    \7\ 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, 21208 (April 17, 2015).
---------------------------------------------------------------------------

    Therefore, in accordance with section 733(d) of the Act and our 
practice, we will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of boltless steel shelving from the PRC entered, 
or withdrawn from warehouse, for consumption after September 27, 2015, 
the date the provisional measures expired, and through the day 
preceding the date of publication of the ITC's final injury 
determination in the Federal Register.

Estimated Weighted-Average Dumping Margin

    The weighted-average antidumping duty margin percentages are as 
follows:

------------------------------------------------------------------------
                                                       Weighted-Average
           Exporter                   Producer         margin (percent)
------------------------------------------------------------------------
Zhongda United Holding Group   Jiaxing Zhongda                     17.55
 Co., Ltd.                      Metalwork Co., Ltd.
Jiaxing Zhongda Import &       Jiaxing Zhongda                     17.55
 Export Co., Ltd.               Metalwork Co., Ltd.
Ningbo ETDZ Huixing Trade      Haifa (Ningbo) Office               17.55
 Co., Ltd.                      Equipment Co., Ltd.
Ningbo ETDZ Huixing Trade      Ningbo Decko Metal                  17.55
 Co., Ltd.                      Products Trade Co.,
                                Ltd.
Ningbo ETDZ Huixing Trade      Lianfa Metal Product                17.55
 Co., Ltd.                      Co., Ltd.
Meridian International Co.,    Zhejiang Limai Metal                17.55
 Ltd.                           Products Co., Ltd.
Zhejiang Limai Metal Products  Zhejiang Limai Metal                17.55
 Co., Ltd.                      Products Co., Ltd.
HoiFat (NingBo) Office         HoiFat (NingBo)                     17.55
 Facilities Co., Ltd.           Office Facilities
                                Co., Ltd.
PRC-Wide Entity (including     .....................              112.68
 Nanjing Topsun Racking
 Manufacturing Co., Ltd.).
------------------------------------------------------------------------

    This notice constitutes the antidumping duty order with respect to 
boltless steel shelving from the PRC, pursuant to section 736(a) of the 
Act. Interested parties may contact the Department's Central Records 
Unit, Room B8024 of the main Commerce building, for copies of an 
updated list of antidumping duty orders currently in effect.
    This order is published in accordance with sections 736(a) of the 
Act and 19 CFR 351.211(b).

    Dated: October 15, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-26765 Filed 10-20-15; 8:45 am]
BILLING CODE 3510-DS-P



                                                                        Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices                                                63741

                                                For more information contact Yvette                   investigation (POI).4 In addition,                    information concerning its eligibility for
                                              Springer on (202) 482–2813.                             pursuant to section 751(a)(2)(B)(i)(II) of            a separate rate. The NSR of Hubei
                                                Dated: October 15, 2015.                              the Act and 19 CFR 351.214(b)(2)(iii)(A),             Qianjiang will be rescinded if the
                                              Yvette Springer,
                                                                                                      Hubei Qianjiang certified that, since the             Department determines that Hubei
                                                                                                      initiation of the investigation, it has               Qianjiang has not demonstrated that it
                                              Committee Liaison Officer.
                                                                                                      never been affiliated with any exporter               is eligible for a separate rate.
                                              [FR Doc. 2015–26688 Filed 10–20–15; 8:45 am]            or producer who exported subject                         We will instruct U.S. Customs and
                                              BILLING CODE P                                          merchandise to the United States during               Border Protection to allow, at the option
                                                                                                      the POI, including those respondents                  of the importer, the posting, until the
                                                                                                      not individually examined during the                  completion of the review, of a bond or
                                              DEPARTMENT OF COMMERCE                                  POI.5 As required by 19 CFR                           security in lieu of a cash deposit for
                                              International Trade Administration                      351.214(b)(2)(iii)(B), Hubei Qianjiang                each entry of the subject merchandise
                                                                                                      also certified that its export activities             from Hubei Qianjiang in accordance
                                              [A–570–848]                                             were not controlled by the government                 with section 751(a)(2)(B)(iii) of the Act
                                                                                                      of the PRC.6                                          and 19 CFR 351.214(e). Because Hubei
                                              Freshwater Crawfish Tail Meat From                         In addition to the certifications                  Qianjiang certified that it produced and
                                              the People’s Republic of China:                         described above, pursuant to 19 CFR                   exported subject merchandise, the sale
                                              Initiation of Antidumping Duty New                      351.214(b)(2), Hubei Qianjiang                        of which is the basis for the request for
                                              Shipper Review                                          submitted documentation establishing                  a NSR, we will apply the bonding
                                              AGENCY:   Enforcement and Compliance,                   the following: (1) The date on which it               privilege to Hubei Qianjiang only for
                                              International Trade Administration,                     first shipped subject merchandise for                 subject merchandise which was
                                              Department of Commerce.                                 export to the United States; (2) the                  produced and exported by Hubei
                                              SUMMARY: The Department of Commerce
                                                                                                      volume of its first shipment; and (3) the             Qianjiang.
                                                                                                      date of its first sale to an unaffiliated                To assist in its analysis of the bona
                                              (the Department) is initiating a new
                                                                                                      customer in the United States.7                       fides of Hubei Qianjiang’s sales, upon
                                              shipper review (NSR) of the
                                              antidumping duty order on freshwater                    Period of Review                                      initiation of this NSR, the Department
                                              crawfish tail meat from the People’s                                                                          will require Hubei Qianjiang to submit
                                                                                                        The period of review (POR) for this
                                              Republic of China (PRC) with respect to                                                                       on an ongoing basis complete
                                                                                                      NSR is September 1, 2014, through
                                              Hubei Qianjiang Huashan Aquatic Food                                                                          transaction information concerning any
                                                                                                      August 31, 2015.
                                              and Product Co., Ltd. (Hubei Qianjiang).                                                                      sales of subject merchandise to the
                                              DATES: Effective Date: October 21, 2015.
                                                                                                      Initiation of New Shipper Review                      United States that were made
                                                                                                         Pursuant to section 751(a)(2)(B) of the            subsequent to the POR.
                                              FOR FURTHER INFORMATION CONTACT:
                                                                                                      Act and 19 CFR 351.214(d)(1), the                        Interested parties requiring access to
                                              Hermes Pinilla, AD/CVD Operations                                                                             proprietary information in the NSR
                                              Office I, Enforcement and Compliance,                   Department finds that the request from
                                                                                                      Hubei Qianjiang meets the threshold                   should submit applications for
                                              International Trade Administration,                                                                           disclosure under administrative
                                              U.S. Department of Commerce, 14th                       requirements for initiation of a NSR for
                                                                                                      shipments of freshwater crawfish tail                 protective order in accordance with 19
                                              Street and Constitution Avenue NW.,                                                                           CFR 351.305 and 351.306.
                                              Washington, DC 20230; Telephone:                        meat from the PRC produced and
                                                                                                      exported by Hubei Qianjiang.8                            This initiation and notice are
                                              (202) 482–3477.                                                                                               published in accordance with section
                                                                                                         Unless extended, the Department
                                              SUPPLEMENTARY INFORMATION:                              intends to issue the preliminary results              751(a)(2)(B) of the Act and 19 CFR
                                              Background                                              of this NSR no later than 180 days from               351.214 and 351.221(c)(1)(i).
                                                                                                      the date of initiation and final results of             Dated: October 15, 2015.
                                                 The antidumping duty order on                        the review no later than 90 days after
                                              freshwater crawfish tail meat from the                                                                        Christian Marsh,
                                                                                                      the date the preliminary results are                  Deputy Assistant Secretary for Antidumping
                                              PRC published in the Federal Register                   issued.9 It is the Department’s usual
                                              on September 15, 1997.1 Pursuant to                                                                           and Countervailing Duty Operations.
                                                                                                      practice, in cases involving non-market
                                              section 751(a)(2)(B)(i) of the Tariff Act               economy countries, to require that a
                                                                                                                                                            [FR Doc. 2015–26763 Filed 10–20–15; 8:45 am]
                                              of 1930, as amended (the Act), we                       company seeking to establish eligibility              BILLING CODE 3510–DS–P
                                              received a timely request for a NSR of                  for an antidumping duty rate separate
                                              the order from Hubei Qianjiang.2 Hubei                  from the country-wide rate provide
                                              Qianjiang certified that it is both the                                                                       DEPARTMENT OF COMMERCE
                                                                                                      evidence of de jure and de facto absence
                                              producer and exporter of the subject                    of government control over the
                                              merchandise upon which the request                                                                            International Trade Administration
                                                                                                      company’s export activities.
                                              was based.3                                             Accordingly, we will issue a                          [A–570–018]
                                                 Pursuant to section 751(a)(2)(B)(i)(I) of            questionnaire to Hubei Qianjiang which
                                              the Act and 19 CFR 351.214(b)(2)(i),                    will include a section requesting                     Boltless Steel Shelving Units
                                              Hubei Qianjiang certified that it did not                                                                     Prepackaged for Sale From the
                                              export subject merchandise to the                         4 Id.                                               People’s Republic of China:
                                              United States during the period of                        5 Id.                                               Antidumping Duty Order
                                                                                                        6 Id.
                                                1 See Notice of Amendment to Final                       7 See Hubei Qianjiang’s new shipper request at     AGENCY:    Enforcement and Compliance,
tkelley on DSK3SPTVN1PROD with NOTICES




                                              Determination of Sales at Less Than Fair Value and      Attachments 1 and 2.                                  International Trade Administration,
                                              Antidumping Duty Order: Freshwater Crawfish Tail           8 See the memorandum to the file entitled          Department of Commerce.
                                              Meat from the People’s Republic of China, 62 FR         ‘‘Freshwater crawfish tail meat from the People’s     SUMMARY: Based on affirmative final
                                              48218 (September 15, 1997) (Crawfish Order).            Republic of China: Initiation Checklist for
                                                2 See Hubei Qianjiang’s new shipper request
                                                                                                                                                            determinations by the Department of
                                                                                                      Antidumping Duty New Shipper Review of Hubei
                                              dated September 2, 2015.                                Qianjiang Huashan Aquatic Food and Product Co.,       Commerce (the ‘‘Department’’) and the
                                                3 See Hubei Qianjiang’s new shipper request at        Ltd.’’ dated concurrently with this notice.           International Trade Commission
                                              Attachment 1.                                              9 See section 751(a)(2)(B)(iv) of the Act.         (‘‘ITC’’), the Department is issuing an


                                         VerDate Sep<11>2014   22:39 Oct 20, 2015   Jkt 238001   PO 00000   Frm 00005   Fmt 4703   Sfmt 4703   E:\FR\FM\21OCN1.SGM   21OCN1


                                              63742                     Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices

                                              antidumping duty order on boltless steel                horizontal supports forming the frame                    • wire shelving units, which consist
                                              shelving units prepackaged for sale from                are assembled primarily without the use               of shelves made from wire that
                                              the People’s Republic of China (‘‘PRC’’).               of nuts and bolts or screws. The vertical             incorporates both a wire deck and wire
                                              DATES: Effective date: October 21, 2015.                and horizontal support members for                    horizontal supports (taking the place of
                                              FOR FURTHER INFORMATION CONTACT:                        boltless steel shelving are assembled by              the horizontal beams and braces) into a
                                              Kabir Archuletta or Irene Gorelik, AD/                  methods such as, but not limited to,                  single piece with tubular collars that
                                              CVD Operations, Office V, Enforcement                   fitting a rivet, punched or cut tab or                slide over the posts and onto plastic
                                              and Compliance, International Trade                     other similar connector on one support                sleeves snapped on the posts to create
                                              Administration, U.S. Department of                      into a hole, slot or similar receptacle on            the finished shelving unit;
                                              Commerce, 14th Street and Constitution                  another support. The supports lock                       • bulk-packed parts or components of
                                              Avenue NW., Washington, DC 20230;                       together to form the frame for the                    boltless steel shelving units; and
                                              telephone: (202) 482–2593 or (202) 482–                 shelving unit, and provide the structural                • made-to-order shelving systems.
                                              6905, respectively.                                     integrity of the shelving unit separate
                                                                                                      from the inclusion of any decking. The                   Subject boltless steel shelving enters
                                              SUPPLEMENTARY INFORMATION:                                                                                    the United States through Harmonized
                                                                                                      incidental use of nuts and bolts or
                                              Background                                              screws to add accessories, wall anchors,              Tariff Schedule of the United States
                                                                                                      tie-bars or shelf supports does not                   (‘‘HTSUS’’) statistical subheadings
                                                On August 26, 2015, the Department                                                                          9403.20.0018, 9403.20.0020,
                                              published the final determination of                    remove the product from scope. Boltless
                                                                                                      steel shelving units may also come                    9403.20.0025, and 9403.20.0026, but
                                              sales at less than fair value in the                                                                          may also enter through HTSUS
                                              antidumping duty investigation of                       packaged as partially assembled, such as
                                                                                                      when two upright supports are welded                  9403.10.0040. While HTSUS
                                              boltless steel shelving units                                                                                 subheadings are provided for
                                              prepackaged for sale from the PRC.1 On                  together with front-to-back supports, or
                                                                                                      are otherwise connected, to form an end               convenience and Customs purposes, the
                                              October 7, 2015, the ITC notified the                                                                         written description of the scope of this
                                              Department of its final determination                   unit for the frame. The boltless steel
                                                                                                      shelving covered by this order may be                 order is dispositive.
                                              pursuant to section 735(b)(1)(A)(i) of the
                                              Tariff Act of 1930, as amended (‘‘the                   commonly described as rivet shelving,                 Antidumping Duty Order
                                              Act’’), that an industry in the United                  welded frame shelving, slot and tab
                                                                                                      shelving, and punched rivet (quasi-                      In accordance with sections
                                              States is materially injured or                                                                               735(b)(1)(A)(i) and 735(d) of the Act, the
                                              threatened with material injury by                      rivet) shelving as well as by other trade
                                                                                                      names. The term ‘‘deck’’ refers to the                ITC has notified the Department of its
                                              reason of imports of boltless steel                                                                           final determination in this investigation,
                                              shelving units prepackaged for sale from                shelf that sits on or fits into the
                                                                                                      horizontal supports (beams or braces) to              in which it found that imports of
                                              the PRC.2                                                                                                     boltless steel shelving from the PRC are
                                                                                                      provide the horizontal storage surface of
                                              Scope of the Order                                      the shelving unit.                                    materially injuring or threatening
                                                                                                                                                            material injury to a U.S. industry.
                                                The scope of this order covers boltless                  The scope includes all boltless steel
                                                                                                                                                            Therefore, in accordance with section
                                              steel shelving units prepackaged for                    shelving meeting the description above,
                                                                                                                                                            735(c)(2) of the Act, we are publishing
                                              sale, with or without decks (‘‘boltless                 regardless of (1) vertical support or post
                                                                                                                                                            this antidumping duty order.
                                              steel shelving’’). The term ‘‘prepackaged               type (including but not limited to open
                                              for sale’’ means that, at a minimum, the                post, closed post and tubing); (2)                       As a result of the ITC’s final
                                              steel vertical supports (i.e., uprights and             horizontal support or beam/brace profile              determination, in accordance with
                                              posts) and steel horizontal supports (i.e.,             (including but not limited to Z-beam, C-              section 736(a)(1) of the Act, the
                                              beams, braces) necessary to assemble a                  beam, L-beam, step beam and cargo                     Department will direct U.S. Customs
                                              completed shelving unit (with or                        rack); (3) number of supports; (4) surface            and Border Protection (‘‘CBP’’) to assess,
                                              without decks) are packaged together for                coating (including but not limited to                 upon further instruction by the
                                              ultimate purchase by the end-user. The                  paint, epoxy, powder coating, zinc and                Department, antidumping duties equal
                                              scope also includes add-on kits. Add-on                 other metallic coating); (5) number of                to the amount by which the normal
                                              kits include, but are not limited to, kits              levels; (6) weight capacity; (7) shape                value of the merchandise exceeds the
                                              that allow the end-user to add an                       (including but not limited to                         export price (or constructed export
                                              extension shelving unit onto an existing                rectangular, square, and corner units);               price) of the merchandise, for all
                                              boltless steel shelving unit such that the              (8) decking material (including but not               relevant entries of boltless steel shelving
                                              extension and the original unit will                    limited to wire decking, particle board,              from the PRC. These antidumping
                                              share common frame elements (e.g., two                  laminated board or no deck at all); or (9)            duties will be assessed on unliquidated
                                              posts). The term ‘‘boltless’’ refers to                 the boltless method by which vertical                 entries from the PRC entered, or
                                              steel shelving in which the vertical and                and horizontal supports connect                       withdrawn from warehouse, for
                                                                                                      (including but not limited to keyhole                 consumption on or after April 1, 2015,
                                                 1 See Boltless Steel Shelving Units Prepackaged
                                                                                                      and rivet, slot and tab, welded frame,                the date on which the Department
                                              for Sale From the People’s Republic of China: Final     punched rivet and clip).                              published the Preliminary
                                              Determination of Sales at Less Than Fair Value, 80                                                            Determination,4 but will not include
                                              FR 51779 (August 26, 2015) (‘‘Final                        Specifically excluded from the scope               entries occurring after the expiration of
                                              Determination’’) and accompanying Issues and            are:
                                              Decision Memorandum.                                                                                          the provisional measures period and
                                                 2 See Letter to Christian Marsh, Deputy Assistant       • Wall-mounted shelving, defined as                before publication of the ITC’s final
                                              Secretary of Commerce for Enforcement and               shelving that is hung on the wall and                 injury determination, as further
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                                              Compliance, from Meredith Broadbent, Chairman of        does not stand on, or transfer load to,               described below.
                                              the U.S. International Trade Commission, regarding      the floor; 3
                                              boltless steel shelving units prepackaged for sale
                                              from the People’s Republic of China (October 7,                                                                  4 See Boltless Steel Shelving Units Prepackaged

                                              2015). See also Boltless Steel Shelving Units             3 The  addition of a wall bracket or other device   for Sale from the People’s Republic of China:
                                              Prepackaged for Sale from China, Investigation Nos.     to attach otherwise freestanding subject              Preliminary Determination of Sales at Less Than
                                              701–TA–523 and 731–TA–1259 (Final), 80 FR 61841         merchandise to a wall does not meet the terms of      Fair Value, 80 FR 17409 (April 1, 2015)
                                              (October 14, 2015).                                     this exclusion.                                       (‘‘Preliminary Determination’’).



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                                                                            Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices                                                                                      63743

                                              Continuation of Suspension of                                   and estimated domestic subsidy pass-                                       of the Preliminary Determination ended
                                              Liquidation                                                     through, as discussed above.6 The                                          on September 27, 2015. Furthermore,
                                                                                                              ‘‘PRC-wide’’ rate applies to all exporters                                 section 737(b) of the Act states that
                                                 In accordance with section                                   of subject merchandise not specifically                                    definitive duties are to begin on the date
                                              735(c)(1)(B) of the Act, we will instruct                       listed.                                                                    of publication of the ITC’s final injury
                                              CBP to continue to suspend liquidation
                                                                                                              Provisional Measures                                                       determination.
                                              on entries of subject merchandise from
                                              the PRC. We will also instruct CBP to                              Section 733(d) of the Act states that                                      Therefore, in accordance with section
                                              require cash deposits equal to the                              instructions issued pursuant to an                                         733(d) of the Act and our practice, we
                                              estimated amount by which the normal                            affirmative preliminary determination                                      will instruct CBP to terminate the
                                              value exceeds the U.S. price as                                 may not remain in effect for more than                                     suspension of liquidation and to
                                              indicated in the chart below, adjusted                          four months except where exporters                                         liquidate, without regard to
                                              where appropriate for export subsidies                          representing a significant proportion of                                   antidumping duties, unliquidated
                                              and estimated domestic subsidy pass-                            exports of the subject merchandise                                         entries of boltless steel shelving from
                                              through.5 These instructions suspending                         request the Department to extend that                                      the PRC entered, or withdrawn from
                                              liquidation will remain in effect until                         four-month period to no more than six                                      warehouse, for consumption after
                                              further notice.                                                 months. At the request of an exporter                                      September 27, 2015, the date the
                                                 Accordingly, effective on the date of                        that accounted for a significant                                           provisional measures expired, and
                                              publication of the ITC’s final affirmative                      proportion of exports of boltless steel                                    through the day preceding the date of
                                              injury determination, CBP will require,                         shelving from the PRC, we extended the                                     publication of the ITC’s final injury
                                              at the same time as importers would                             four-month period to no more than six                                      determination in the Federal Register.
                                              normally deposit estimated duties on                            months.7 In the underlying                                                 Estimated Weighted-Average Dumping
                                              this subject merchandise, a cash deposit                        investigation, the Department published                                    Margin
                                              equal to the estimated weighted-average                         the Preliminary Determination on April
                                              antidumping duty margins, adjusted                              1, 2015. Therefore, the six-month period                                     The weighted-average antidumping
                                              where appropriate for export subsidies                          beginning on the date of the publication                                   duty margin percentages are as follows:

                                                                                                                                                                                                                                    Weighted-Average
                                                                               Exporter                                                                                  Producer                                                        margin
                                                                                                                                                                                                                                        (percent)

                                              Zhongda United Holding Group Co., Ltd ...............................             Jiaxing Zhongda Metalwork Co., Ltd .....................................                                       17.55
                                              Jiaxing Zhongda Import & Export Co., Ltd .............................            Jiaxing Zhongda Metalwork Co., Ltd .....................................                                       17.55
                                              Ningbo ETDZ Huixing Trade Co., Ltd ....................................           Haifa (Ningbo) Office Equipment Co., Ltd .............................                                         17.55
                                              Ningbo ETDZ Huixing Trade Co., Ltd ....................................           Ningbo Decko Metal Products Trade Co., Ltd .......................                                             17.55
                                              Ningbo ETDZ Huixing Trade Co., Ltd ....................................           Lianfa Metal Product Co., Ltd ................................................                                 17.55
                                              Meridian International Co., Ltd ...............................................   Zhejiang Limai Metal Products Co., Ltd .................................                                       17.55
                                              Zhejiang Limai Metal Products Co., Ltd .................................          Zhejiang Limai Metal Products Co., Ltd .................................                                       17.55
                                              HoiFat (NingBo) Office Facilities Co., Ltd ..............................         HoiFat (NingBo) Office Facilities Co., Ltd ..............................                                      17.55
                                              PRC-Wide Entity (including Nanjing Topsun Racking Manu-                           .................................................................................................             112.68
                                                 facturing Co., Ltd.).



                                                 This notice constitutes the                                  DEPARTMENT OF COMMERCE                                                     silicon photovoltaic cells, whether or
                                              antidumping duty order with respect to                                                                                                     not assembled into modules (‘‘solar
                                              boltless steel shelving from the PRC,                           International Trade Administration                                         cells’’), from the People’s Republic of
                                              pursuant to section 736(a) of the Act.                                                                                                     China (‘‘PRC’’) in response to a request
                                              Interested parties may contact the                              [A–570–979]                                                                from Neo Solar Power Corporation
                                              Department’s Central Records Unit,                                                                                                         (‘‘Neo Solar’’), DelSolar Co., Ltd.
                                              Room B8024 of the main Commerce                                 Crystalline Silicon Photovoltaic Cells,                                    (‘‘DelSolar Taiwan’’), and DelSolar
                                              building, for copies of an updated list of                      Whether or Not Assembled Into
                                                                                                                                                                                         (Wujiang) Ltd. (‘‘DelSolar Wujiang’’).1
                                              antidumping duty orders currently in                            Modules, From the People’s Republic
                                              effect.                                                         of China: Preliminary Results of the
                                                 This order is published in accordance                        Changed Circumstances Review
                                              with sections 736(a) of the Act and 19
                                                                                                              AGENCY:  Enforcement and Compliance,
                                              CFR 351.211(b).
                                                                                                              International Trade Administration,
                                                Dated: October 15, 2015.                                      Department of Commerce.
                                              Paul Piquado,                                                   SUMMARY: On March 18, 2015, the
                                              Assistant Secretary for Enforcement and                         Department of Commerce (the
                                              Compliance.                                                     ‘‘Department’’) initiated a changed
                                              [FR Doc. 2015–26765 Filed 10–20–15; 8:45 am]                    circumstance review (‘‘CCR’’) of the
                                              BILLING CODE 3510–DS–P                                          antidumping duty order on crystalline
                                                5 See Final Determination 80 FR at 51781                      Sales at Less Than Fair Value, and Negative                                Amended Preliminary Determination of Sales at
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                                              (describing the adjustments to the AD duty margins              Determination of Critical Circumstances: Certain                           Less Than Fair Value and Postponement of Final
                                              in more detail); see also sections 772(c)(1)(C) and             Lined Paper Products from India, 71 FR 45012                               Determination, 80 FR 21207, 21208 (April 17,
                                              777A(f) of the Act, respectively. Unlike in                     (August 8, 2006), and accompanying Issues and                              2015).
                                              administrative reviews, the Department calculates               Decision Memorandum at Comment 1.                                            1 See Crystalline Silicon Photovoltaic Cells,

                                              the adjustment for export subsidies in                            6 See sections 736(a)(3), 772(c)(1)(C) and 777A(f)
                                                                                                                                                                                         Whether or Not Assembled Into Modules, from the
                                              investigations not in the margin calculation                    of the Act.                                                                People’s Republic of China: Initiation of Changed
                                              program, but in the cash deposit instructions issued              7 See Boltless Steel Shelving Units Prepackaged                          Circumstances Review, 80 FR 15568 (March 24,
                                              to CBP. See, e.g., Notice of Final Determination of             for Sale From the People’s Republic of China:                              2015) (‘‘Initiation Notice’’). We note that although
                                                                                                                                                                                                                                             Continued



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Document Created: 2018-02-27 08:54:34
Document Modified: 2018-02-27 08:54:34
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective date: October 21, 2015.
ContactKabir 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 Citation80 FR 63741 

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