82 FR 21516 - Certain Tool Chests and Cabinets From the People's Republic of China: Initiation of Countervailing Duty Investigation
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 88 (May 9, 2017)
International Trade Administration
Federal Register Volume 82, Issue 88 (May 9, 2017)
| Page Range | 21516-21520 | |
| FR Document | 2017-09371 |
[Federal Register Volume 82, Number 88 (Tuesday, May 9, 2017)] [Notices] [Pages 21516-21520] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-09371] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-570-057] Certain Tool Chests and Cabinets From the People's Republic of China: Initiation of Countervailing Duty Investigation AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective Date: May 1, 2016. FOR FURTHER INFORMATION CONTACT: Minoo Hatten at (202) 482-1690, AD/CVD Operations, Enforcement & Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: The Petition On April 11, 2017, the Department of Commerce (the Department) received a countervailing duty (CVD) petition concerning imports of certain tool chests and cabinets (tool chests) from the People's Republic of China (PRC), filed in proper form, on behalf of Waterloo Industries Inc. (the petitioner).\1\ The petitioner is a domestic producer of tool chests.\2\ The CVD petition was accompanied by antidumping duty (AD) petitions concerning imports of tool chests from the PRC and the Socialist Republic of Vietnam (Vietnam). --------------------------------------------------------------------------- \1\ See Letter to the Secretary of Commerce from the petitioner ``Certain Tool Chests and Cabinets from the People's Republic of China and the Socialist Republic of Vietnam--Petition for the Imposition of Antidumping and Countervailing Duties'' (April 11, 2017) (the Petition). \2\ See Volume I of the Petitions, at 1. --------------------------------------------------------------------------- On April 13 2017, the petitioner filed an amendment to the Petition.\3\ On April 13 and 20, 2017, the Department requested additional information and clarification of certain areas of the Petition.\4\ The petitioner filed responses to these requests on April 18 and 21, 2017.\5\ On April 27, 3017, the petitioner filed an additional amendment to the Petition.\6\ --------------------------------------------------------------------------- \3\ See Letter to the Secretary of Commerce from the petitioner ``Certain Tool Chests and Cabinets From the People's Republic of China and the Socialist Republic of Vietnam--Petitioner's Amendment to Volume I of the Antidumping and Countervailing Duty Petition'' (April 13, 2017) (clarifying the scope of the imported merchandise that the petitioner intends to cover). \4\ See letter to the petitioner from the Department concerning supplemental questions on Volume IV of the Petition (April 13, 2017); see also letter to the petitioner from the Department concerning supplemental questions on general issues (April 13, 2017) (General Issues Supplemental Questionnaire); and letter to the petitioner from the Department concerning supplemental questions on Volume IV (April 20, 2017). \5\ See Letter to the Secretary of Commerce from the petitioner ``Certain Tool Chests and Cabinets from the People's Republic of China and the Socialist Republic of Vietnam--Petitioner's Response to Supplemental Questionnaire Concerning Volume IV'' (April 18, 2017); see also letter to the Secretary of Commerce from the petitioner ``Certain Tool Chests and Cabinets From the People's Republic of China and the Socialist Republic of Vietnam-- Petitioner's 2nd Amendment to Volume I of the Antidumping and Countervailing Duty Petition'' (April 18, 2017) (General Issues 2nd Amendment); and letter to the Secretary of Commerce from the petitioner ``Certain Tool Chests and Cabinets from the People's Republic of China and the Socialist Republic of Vietnam-- Petitioner's Response to Supplemental Questionnaire Concerning Volume IV'' (April 21, 2017). \6\ See Letter to the Secretary of Commerce from the petitioner ``Certain Tool Chests and Cabinets From the People's Republic of China and the Socialist Republic of Vietnam--Petitioner's 3rd Amendment to Volume I of the Antidumping and Countervailing Duty Petition'' (April 27, 2017) (General Issues 3rd Amendment). --------------------------------------------------------------------------- In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (the Act), the petitioner alleges that the Government of the PRC (GOC) is providing countervailable subsidies, within the meaning of sections 701 and 771(5) of the Act with respect to imports of tool chests from the PRC, and that imports of tool chests are materially injuring, or threatening material injury to, an industry in the United States. Also, consistent with section 702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged programs on which we are initiating a CVD investigation, the Petition is accompanied by information reasonably available to the petitioner supporting its allegations. The Department finds that the petitioner filed the Petition on behalf of the domestic industry because the petitioner is an interested party as defined in section 771(9)(C) of the Act. The Department also finds that the petitioner demonstrated sufficient industry support with respect to the initiation of the CVD investigation that the petitioner is requesting.\7\ --------------------------------------------------------------------------- \7\ See ``Determination of Industry Support for the Petition'' section, below. --------------------------------------------------------------------------- Period of Investigation Because the Petition was filed on April 11, 2017, pursuant to 19 CFR [[Page 21517]] 351.204(b)(2), the period of investigation is January 1, 2016, through December 31, 2016.\8\ --------------------------------------------------------------------------- \8\ See 19 CFR 351.204(b)(2). --------------------------------------------------------------------------- Scope of the Investigation The products covered by this investigation are tool chests from the PRC. For a full description of the scope of this investigation, see the ``Scope of the Investigation,'' in Appendix I of this notice. Comments on Scope of the Investigation During our review of the Petition, we issued questions to, and received responses from, the petitioner pertaining to the proposed scope to ensure that the scope language in the Petition would be an accurate reflection of the products for which the domestic industry is seeking relief.\9\ --------------------------------------------------------------------------- \9\ See General Issues Supplemental Questionnaire; see also General Issues 2nd Amendment; and General Issues 3rd Amendment. --------------------------------------------------------------------------- As discussed in the preamble to the Department's regulations,\10\ we are setting aside a period for interested parties to raise issues regarding product coverage (i.e., scope). The Department will consider all comments received from interested parties and, if necessary, will consult with the interested parties prior to the issuance of the preliminary determination. If scope comments include factual information,\11\ all such factual information should be limited to public information. In order to facilitate preparation of its questionnaire, the Department requests all interested parties to submit such comments by 5:00 p.m. Eastern Time (ET) on Monday, May 22, 2017, which is the next business day after 20 calendar days from the signature date of this notice. Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on Thursday, June 1, 2017, which is 10 calendar days from the deadline for initial comments.\12\ All such comments must be filed on the records of each of the concurrent AD investigations. --------------------------------------------------------------------------- \10\ See Antidumping Duties; Countervailing Duties: Final Rule, 62 FR 27296, 27323 (May 19, 1997). \11\ See 19 CFR 351.102(b)(21). \12\ See 19 CFR 351.303(b). --------------------------------------------------------------------------- The Department requests that any factual information the parties consider relevant to the scope of the investigation be submitted during this time period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigation may be relevant, the party may contact the Department and request permission to submit the additional information. As stated above, all such comments must be filed on the record of the concurrent AD investigations. Filing Requirements All submissions to the Department must be filed electronically using Enforcement & Compliance's Antidumping Duty and Countervailing Duty Centralized Electronic Service System (ACCESS).\13\ An electronically-filed document must be received successfully in its entirety by the time and date it is due. Documents excepted from the electronic submission requirements must be filed manually (i.e., in paper form) with Enforcement & Compliance's APO/Dockets Unit, Room 18022, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, and stamped with the date and time of receipt by the applicable deadlines. --------------------------------------------------------------------------- \13\ See 19 CFR 351.303 (for general filing requirements); see also Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011), for details of the Department's electronic filing requirements, which went into effect on August 5, 2011. Information on help using ACCESS can be found at https://access.trade.gov/help.aspx, and a handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf. --------------------------------------------------------------------------- Consultations Pursuant to section 702(b)(4)(A) of the Act, the Department notified representatives of the GOC of the receipt of the Petition, and provided them the opportunity for consultations with respect to the CVD Petition.\14\ In response to the Department's letter, the GOC requested that consultations be held.\15\ Such consultations were held on April 26, 2017.\16\ The invitation letter and memorandum regarding the consultations are on file electronically via ACCESS. --------------------------------------------------------------------------- \14\ See Letter to the embassy of the PRC from the Department ``Countervailing Duty Petition on Certain Tool Chests and Cabinets from the People's Republic of China'' (April 11, 2017). \15\ See Letter to the Department from the Ministry of Commerce of the People's Republic of China ``Consultation Request for Countervailing Duty Petition on Certain Tool Chest and Cabinets'' (April 18, 2017). \16\ See Department Memorandum ``Countervailing Duty Petition on Certain Tool Chests and Cabinets from the People's Republic of China: GOC Consultations'' (April 26, 2017). --------------------------------------------------------------------------- Determination of Industry Support for the Petition Section 702(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 702(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) At least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, the Department shall: (i) Poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the ``industry.'' Section 771(4)(A) of the Act defines the ``industry'' as the producers, as a whole, of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs the Department to look to producers and workers who produce the domestic like product. The International Trade Commission (ITC), which is responsible for determining whether ``the domestic industry'' has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both the Department and the ITC must apply the same statutory definition regarding the domestic like product,\17\ they do so for different purposes and pursuant to a separate and distinct authority. In addition, the Department's determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law.\18\ --------------------------------------------------------------------------- \17\ See section 771(10) of the Act. \18\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)). --------------------------------------------------------------------------- Section 771(10) of the Act defines the domestic like product as ``a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title.'' Thus, the reference point from which the domestic like product analysis begins is ``the article subject to an investigation'' (i.e., the class or kind of merchandise to be investigated, which normally will be the scope as defined in the Petition). With regard to the domestic like product, the petitioner does not offer a definition of the domestic like product distinct from the scope of the investigation. Based on our analysis of the information submitted on the [[Page 21518]] record, we have determined that tool chests, as defined in the scope, constitute a single domestic like product and we have analyzed industry support in terms of that domestic like product.\19\ --------------------------------------------------------------------------- \19\ For a discussion of the domestic like product analysis in this case, see Countervailing Duty Investigation Initiation Checklist: Certain Tool Chests and Cabinets from the People's Republic of China (PRC CVD Initiation Checklist), at Attachment II, Analysis of Industry Support for the Antidumping and Countervailing Duty Petitions Covering Certain Tool Chests and Cabinets from the People's Republic of China and the Socialist Republic of Vietnam, (Attachment II). This checklist is dated concurrently with this notice and on file electronically via ACCESS. --------------------------------------------------------------------------- In determining whether the petitioner has standing under section 702(c)(4)(A) of the Act, we considered the industry support data contained in the Petition with reference to the domestic like product as defined in the ``Scope of the Investigation,'' in Appendix I of this notice. To establish industry support, the petitioner provided its own production of the domestic like product in 2016.\20\ In addition, the petitioner provided a letter of support from Metal Box International, stating that the company supports the Petition and providing its own production of the domestic like product in 2016.\21\ The petitioner identifies itself and Metal Box International as the companies constituting the U.S. tool chests industry and states that there are no other known producers of tool chests in the United States; therefore, the Petition is supported by 100 percent of the U.S. industry.\22\ --------------------------------------------------------------------------- \20\ See Volume I of the Petition, at 3 and Exhibit GEN-1. \21\ Id., at 3 and Exhibit GEN-2. \22\ Id., at 2-3 and Exhibits GEN-1 and GEN-2. --------------------------------------------------------------------------- Our review of the data provided in the Petition and other information readily available to the Department indicates that the petitioner has established industry support for the Petition.\23\ First, the Petition established support from domestic producers (or workers) accounting for more than 50 percent of the total production of the domestic like product and, as such, the Department is not required to take further action in order to evaluate industry support (e.g., polling).\24\ Second, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(i) of the Act because the domestic producers (or workers) who support the Petition account for at least 25 percent of the total production of the domestic like product.\25\ Finally, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(ii) of the Act because the domestic producers (or workers) who support the Petition account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Petition.\26\ Accordingly, the Department determines that the Petition was filed on behalf of the domestic industry within the meaning of section 702(b)(1) of the Act. --------------------------------------------------------------------------- \23\ See PRC CVD Initiation Checklist, at Attachment II. \24\ See section 702(c)(4)(D) of the Act; see also PRC CVD Initiation Checklist, at Attachment II. \25\ See PRC CVD Initiation Checklist, at Attachment II. \26\ Id. --------------------------------------------------------------------------- The Department finds that the petitioner filed the Petition on behalf of the domestic industry because it is an interested party as defined in section 771(9)(C) of the Act, and it has demonstrated sufficient industry support with respect to the CVD investigation that it is requesting that the Department initiate.\27\ --------------------------------------------------------------------------- \27\ Id. --------------------------------------------------------------------------- Injury Test Because the PRC is a ``Subsidies Agreement Country'' within the meaning of section 701(b) of the Act, section 701(a)(2) of the Act applies to this investigation. Accordingly, the ITC must determine whether imports of the subject merchandise from the PRC materially injure, or threaten material injury to, a U.S. industry. Allegations and Evidence of Material Injury and Causation The petitioner alleges that imports of the subject merchandise are benefitting from countervailable subsidies and that such imports are causing, or threaten to cause, material injury to the U.S. industry producing the domestic like product. In addition, the petitioner alleges that subject imports exceed the negligibility threshold provided for under section 771(24)(A) of the Act.\28\ --------------------------------------------------------------------------- \28\ See Volume I of the Petition, at 17-19 and Exhibits GEN-2, GEN-7, and GEN-11. --------------------------------------------------------------------------- The petitioner contends that the industry's injured condition is illustrated by reduced market share; underselling and price suppression or depression; lost sales and revenues; declining production and shipments; declining net sales; and deteriorating financial performance.\29\ We have assessed the allegations and supporting evidence regarding material injury, threat of material injury, and causation, and we have determined that these allegations are properly supported by adequate evidence, and meet the statutory requirements for initiation.\30\ --------------------------------------------------------------------------- \29\ See Volume I of the Petition, at 12-26 and Exhibits GEN-2, GEN-6 through GEN-9, and GEN-11 through GEN-15. \30\ See PRC CVD Initiation Checklist, at Attachment III, Analysis of Allegations and Evidence of Material Injury and Causation for the Antidumping and Countervailing Duty Petitions Covering Certain Tool Chests and Cabinets from the People's Republic of China and the Socialist Republic of Vietnam. --------------------------------------------------------------------------- Initiation of CVD Investigation Section 702(b)(1) of the Act requires the Department to initiate a CVD investigation whenever an interested party files a CVD petition on behalf of an industry that (1) alleges the elements necessary for an imposition of a duty under section 701(a) of the Act and (2) is accompanied by information reasonably available to the petitioner supporting the allegations. The petitioner alleges that producers/exporters of tool chests in the PRC benefited from countervailable subsidies bestowed by the GOC. The Department examined the Petition and finds that it complies with the requirements of section 702(b)(1) of the Act. Therefore, in accordance with section 702(b)(1) of the Act, we are initiating a CVD investigation to determine whether manufacturers, producers, and/or exporters of tool chests from the PRC receive countervailable subsidies from the GOC. Under the Trade Preferences Extension Act of 2015, numerous amendments to the AD and CVD laws were made.\31\ The 2015 law does not specify dates of application for those amendments. On August 6, 2015, the Department published an interpretative rule, in which it announced the applicability dates for each amendment to the Act, except for amendments contained in section 771(7) of the Act, which relate to determinations of material injury by the ITC.\32\ The amendments to sections 776 and 782 of the Act are applicable to all determinations made on or after August 6, 2015, and, therefore, apply to this CVD investigation.\33\ --------------------------------------------------------------------------- \31\ See Trade Preferences Extension Act of 2015, Public Law 114-27, 129 Stat. 362 (2015). \32\ See Dates of Application of Amendments to the Antidumping and Countervailing Duty Laws Made by the Trade Preferences Extension Act of 2015, 80 FR 46793 (August 6, 2015). The 2015 amendments may be found at https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl. \33\ Id., at 46794-95. --------------------------------------------------------------------------- Subsidy Allegations Based on our review of the Petition, we find that there is sufficient information to initiate a CVD investigation on 17 of the 18 alleged programs. For a full discussion of the basis for our decision to initiate or not initiate on each program, see the PRC [[Page 21519]] CVD Initiation Checklist. A public version of the initiation checklist for this investigation is available on ACCESS. In accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determination in this investigation no later than 65 days after the date of initiation. Respondent Selection The Department normally selects respondents in a CVD investigation using U.S. Customs and Border Protection (CBP) entry data. However, for this investigation, the Harmonized Tariff Schedule of the United States (HTSUS) numbers the subject merchandise would enter under are basket categories containing many products unrelated to tool chests, and the HTSUS numbers allow for the reporting of differing units of quantity. Therefore, we cannot rely on CBP entry data in selecting respondents. Instead, for this investigation, the Department will request quantity and value (Q&V) information from known exporters and producers identified, with complete contact information, in the Petition. In addition, the Department will post the Q&V questionnaire along with filing instructions on the Enforcement & Compliance Web site at http://www.trade.gov/enforcement/news.asp. Producers/exporters of tool chests from the PRC that do not receive Q&V questionnaires by mail may still submit a response to the Q&V questionnaire and can obtain a copy from the Enforcement & Compliance Web site. The Q&V response must be submitted by the relevant PRC exporters/producers no later than May 11, 2017. All Q&V responses must be filed electronically via ACCESS. Distribution of Copies of the Petition In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 351.202(f), a copy of the public version of the Petition has been provided to the GOC via ACCESS. Because of the particularly large number of producers/exporters identified in the Petition, the Department considers the service of the public version of the Petition to the foreign producers/exporters satisfied by delivery of the public version to the government of the PRC, consistent with 19 CFR 351.203(c)(2). ITC Notification We will notify the ITC of our initiation, as required by section 702(d) of the Act. Preliminary Determinations by the ITC The ITC will preliminarily determine, within 45 days after the date on which the Petition was filed, whether there is a reasonable indication that imports of tool chests from the PRC are materially injuring, or threatening material injury to, a U.S. industry.\34\ A negative ITC determination will result in the investigation being terminated; \35\ otherwise, this investigation will proceed according to statutory and regulatory time limits. --------------------------------------------------------------------------- \34\ See section 703(a)(2) of the Act. \35\ See section 703(a)(1) of the Act. --------------------------------------------------------------------------- Submission of Factual Information Factual information is defined in 19 CFR 351.102(b)(21) as: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by the Department; and (v) evidence other than factual information described in (i) through (iv). The regulation requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct. Time limits for the submission of factual information are addressed in 19 CFR 351.301, which provides specific time limits based on the type of factual information being submitted. Parties should review the regulations prior to submitting factual information in this investigation. Extension of Time Limits Regulation Parties may request an extension of time limits before the expiration of a time limit established under 19 CFR 351.301, or as otherwise specified by the Secretary. In general, an extension request will be considered untimely if it is filed after the expiration of the time limit established under 19 CFR 351.301 expires. For submissions that are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. on the due date. Under certain circumstances, we may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, we will inform parties in the letter or memorandum setting forth the deadline (including a specified time) by which extension requests must be filed to be considered timely. An extension request must be made in a separate, stand-alone submission; under limited circumstances we will grant untimely-filed requests for the extension of time limits. Review Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at http://www.thefederalregister.org/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information in this investigation. Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.\36\ Parties are hereby reminded that revised certification requirements are in effect for company/government officials, as well as their representatives. Investigations initiated on the basis of petitions filed on or after August 16, 2013, and other segments of any AD or CVD proceedings initiated on or after August 16, 2013, should use the formats for the revised certifications provided at the end of the Final Rule.\37\ The Department intends to reject factual submissions if the submitting party does not comply with the applicable revised certification requirements. --------------------------------------------------------------------------- \36\ See section 782(b) of the Act. \37\ See Certification of Factual Information To Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also frequently asked questions regarding the Final Rule, available at http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf. --------------------------------------------------------------------------- Notification to Interested Parties Interested parties must submit applications for disclosure under Administrative Protective Order (APO) in accordance with 19 CFR 351.305. On January 22, 2008, the Department published Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to participate in this investigation should ensure that they meet the requirements of these procedures (e.g., the filing of letters of appearance as discussed at 19 CFR 351.103(d)). This notice is issued and published pursuant to sections 702 and 777(i) of the Act. [[Page 21520]] Dated: May 1, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The scope of this investigation covers certain metal tool chests and tool cabinets, with drawers, (tool chests and cabinets), from the People's Republic of China (the PRC). The scope covers all metal tool chests and cabinets, including top chests, intermediate chests, tool cabinets and side cabinets, storage units, mobile work benches, and work stations and that have the following physical characteristics: (1) A body made of carbon, alloy, or stainless steel and/or other metals; (2) two or more drawers for storage in each individual unit; (3) a width (side to side) exceeding 15 inches for side cabinets and exceeding 21 inches for all other individual units but not exceeding 60 inches; (4) a drawer depth (front to back) exceeding 10 inches but not exceeding 24 inches; and (5) prepackaged for retail sale. For purposes of this scope, the width parameter applies to each individual unit, i.e., each individual top chest, intermediate top chest, tool cabinet, side cabinet, storage unit, mobile work bench, and work station. Prepackaged for retail sale means the units are packaged in a cardboard box or other container suitable for retail display and sale. Subject tool chests and cabinets are covered whether imported in assembled or unassembled form. Subject merchandise includes tool chests and cabinets produced in the PRC but assembled, prepackaged for sale, or subject to other minor processing in a third country prior to importation into the United States. Similarly, it would include tool chests and cabinets produced in the PRC that are later found to be assembled, prepackaged for sale, or subject to other minor processing after importation into the United States. Subject tool chests and cabinets may also have doors and shelves in addition to drawers, may have handles (typically mounted on the sides), and may have a work surface on the top. Subject tool chests and cabinets may be uncoated (e.g., stainless steel), painted, powder coated, galvanized, or otherwise coated for corrosion protection or aesthetic appearance. Subject tool chests and cabinets may be packaged as individual units or in sets. When packaged in sets, they typically include a cabinet with one or more chests that stack on top of the cabinet. Tool cabinets act as a base tool storage unit and typically have rollers, casters, or wheels to permit them to be moved more easily when loaded with tools. Work stations and work benches are tool cabinets with a work surface on the top that may be made of rubber, plastic, metal, wood, or other materials. Top chests are designed to be used with a tool cabinet to form a tool storage unit. The top chests may be mounted on top of the base tool cabinet or onto an intermediate chest. They are often packaged as a set with tool cabinets or intermediate chests, but may also be packaged separately. They may be packaged with mounting hardware (e.g., bolts) and instructions for assembling them onto the base tool cabinet or onto an intermediate tool chest which rests on the base tool cabinet. Smaller top chests typically have handles on the sides, while the larger top chests typically lack handles. Intermediate tool chests are designed to fit on top of the floor standing tool cabinet and to be used underneath the top tool chest. Although they may be packaged or used separately from the tool cabinet, intermediate chests are designed to be used in conjunction with tool cabinets. The intermediate chests typically do not have handles. The intermediate and top chests may have the capability of being bolted together. Side cabinets are designed to be bolted or otherwise attached to the side of the base storage cabinet to expand the storage capacity of the base tool cabinet. Subject tool chests and cabinets also may be packaged with a tool set included. Packaging a subject tool chest and cabinet with a tool set does not remove an otherwise covered subject tool chest and cabinet from the scope. When this occurs the tools are not part of the subject merchandise. Excluded from the scope of the investigation are tool boxes, chests and cabinets with bodies made of plastic, carbon fiber, wood, or other non-metallic substances. Also excluded from the scope of the investigation are portable metal tool boxes. Portable metal tool boxes have each of the following characteristics: (1) Fewer than three drawers; (2) a handle on the top that allows the tool box to be carried by hand; and (3) a width that is 21 inches or less; and depth (front to back) not exceeding 10 inches. Also excluded from the scope of the investigation are industrial grade steel tool chests and cabinets. The excluded industrial grade steel tool chests and cabinets are those: (1) Having a body that is over 60 inches wide; or (2) having each of the following physical characteristics: (a) A body made of steel that is 0.055'' or more in thickness; (b) all drawers over 21'' deep; (c) all drawer slides rated for 200 lbs. or more; and (d) not prepackaged for retail sale. Also excluded from the scope of the investigation are work benches with fewer than two drawers. Excluded work benches have a solid top working surface, fewer than two drawers, are supported by legs and have no solid front, side, or back panels enclosing the body of the unit. Also excluded from the scope of the investigation are metal filing cabinets that are configured to hold hanging file folders and are classified in the Harmonized Tariff Schedule of the United States (HTSUS) at subheading 9403.10.0020. Merchandise subject to the investigation is classified under HTSUS categories 9403.20.0021, 9403.20.0026, 9403.20.0030 and 7326.90.8688, but may also be classified under HTSUS category 7326.90.3500. While HTSUS subheadings are provided for convenience and Customs purposes, the written description of the scope of this investigation is dispositive. [FR Doc. 2017-09371 Filed 5-8-17; 8:45 am] BILLING CODE 3510-DS-P
![21516 Federal Register / Vol. 82, No. 88 / Tuesday, May 9, 2017 / Notices
the end of the Final Rule.12 The These initiations and this notice are requested additional information and
Department intends to reject factual in accordance with section 751(a) of the clarification of certain areas of the
submissions in any proceeding Act (19 U.S.C. 1675(a)) and 19 CFR Petition.4 The petitioner filed responses
segments if the submitting party does 351.221(c)(1)(i). to these requests on April 18 and 21,
not comply with applicable revised Dated: May 2, 2017. 2017.5 On April 27, 3017, the petitioner
certification requirements. Gary Taverman,
filed an additional amendment to the
Petition.6
Extension of Time Limits Regulation Associate Deputy Assistant Secretary for
In accordance with section 702(b)(1)
Antidumping and Countervailing Duty
of the Tariff Act of 1930, as amended
Parties may request an extension of Operations.
(the Act), the petitioner alleges that the
time limits before a time limit [FR Doc. 2017–09301 Filed 5–8–17; 8:45 am]
Government of the PRC (GOC) is
established under Part 351 expires, or as BILLING CODE 3510–DS–P
providing countervailable subsidies,
otherwise specified by the Secretary.
within the meaning of sections 701 and
See 19 CFR 351.302. In general, an
DEPARTMENT OF COMMERCE 771(5) of the Act with respect to imports
extension request will be considered
of tool chests from the PRC, and that
untimely if it is filed after the time limit
International Trade Administration imports of tool chests are materially
established under Part 351 expires. For
injuring, or threatening material injury
submissions which are due from [C–570–057] to, an industry in the United States.
multiple parties simultaneously, an
Also, consistent with section 702(b)(1)
extension request will be considered Certain Tool Chests and Cabinets
of the Act and 19 CFR 351.202(b), for
untimely if it is filed after 10:00 a.m. on From the People’s Republic of China:
those alleged programs on which we are
the due date. Examples include, but are Initiation of Countervailing Duty
initiating a CVD investigation, the
not limited to: (1) Case and rebuttal Investigation
Petition is accompanied by information
briefs, filed pursuant to 19 CFR 351.309; reasonably available to the petitioner
AGENCY: Enforcement and Compliance,
(2) factual information to value factors supporting its allegations.
International Trade Administration,
under 19 CFR 351.408(c), or to measure The Department finds that the
Department of Commerce.
the adequacy of remuneration under 19 petitioner filed the Petition on behalf of
DATES: Effective Date: May 1, 2016.
CFR 351.511(a)(2), filed pursuant to 19 the domestic industry because the
CFR 351.301(c)(3) and rebuttal, FOR FURTHER INFORMATION CONTACT:
Minoo Hatten at (202) 482–1690, AD/ petitioner is an interested party as
clarification and correction filed defined in section 771(9)(C) of the Act.
pursuant to 19 CFR 351.301(c)(3)(iv); (3) CVD Operations, Enforcement &
Compliance, International Trade The Department also finds that the
comments concerning the selection of a petitioner demonstrated sufficient
surrogate country and surrogate values Administration, U.S. Department of
industry support with respect to the
and rebuttal; (4) comments concerning Commerce, 1401 Constitution Avenue
initiation of the CVD investigation that
U.S. Customs and Border Protection NW., Washington, DC 20230.
the petitioner is requesting.7
data; and (5) quantity and value SUPPLEMENTARY INFORMATION:
questionnaires. Under certain Period of Investigation
The Petition
circumstances, the Department may Because the Petition was filed on
elect to specify a different time limit by On April 11, 2017, the Department of April 11, 2017, pursuant to 19 CFR
which extension requests will be Commerce (the Department) received a
considered untimely for submissions countervailing duty (CVD) petition 4 See letter to the petitioner from the Department
which are due from multiple parties concerning imports of certain tool concerning supplemental questions on Volume IV
simultaneously. In such a case, the chests and cabinets (tool chests) from of the Petition (April 13, 2017); see also letter to the
the People’s Republic of China (PRC), petitioner from the Department concerning
Department will inform parties in the supplemental questions on general issues (April 13,
letter or memorandum setting forth the filed in proper form, on behalf of 2017) (General Issues Supplemental Questionnaire);
deadline (including a specified time) by Waterloo Industries Inc. (the and letter to the petitioner from the Department
petitioner).1 The petitioner is a domestic concerning supplemental questions on Volume IV
which extension requests must be filed (April 20, 2017).
to be considered timely. This producer of tool chests.2 The CVD 5 See Letter to the Secretary of Commerce from
modification also requires that an petition was accompanied by the petitioner ‘‘Certain Tool Chests and Cabinets
extension request must be made in a antidumping duty (AD) petitions from the People’s Republic of China and the
separate, stand-alone submission, and concerning imports of tool chests from Socialist Republic of Vietnam—Petitioner’s
the PRC and the Socialist Republic of Response to Supplemental Questionnaire
clarifies the circumstances under which Concerning Volume IV’’ (April 18, 2017); see also
the Department will grant untimely- Vietnam (Vietnam). letter to the Secretary of Commerce from the
filed requests for the extension of time On April 13 2017, the petitioner filed petitioner ‘‘Certain Tool Chests and Cabinets From
limits. These modifications are effective an amendment to the Petition.3 On the People’s Republic of China and the Socialist
April 13 and 20, 2017, the Department Republic of Vietnam—Petitioner’s 2nd Amendment
for all segments initiated on or after to Volume I of the Antidumping and Countervailing
October 21, 2013. Please review the Duty Petition’’ (April 18, 2017) (General Issues 2nd
1 See Letter to the Secretary of Commerce from
Amendment); and letter to the Secretary of
final rule, available at http:// the petitioner ‘‘Certain Tool Chests and Cabinets Commerce from the petitioner ‘‘Certain Tool Chests
www.gpo.gov/fdsys/pkg/FR-2013-09-20/ from the People’s Republic of China and the and Cabinets from the People’s Republic of China
html/2013-22853.htm, prior to Socialist Republic of Vietnam—Petition for the and the Socialist Republic of Vietnam—Petitioner’s
submitting factual information in these Imposition of Antidumping and Countervailing Response to Supplemental Questionnaire
Duties’’ (April 11, 2017) (the Petition). Concerning Volume IV’’ (April 21, 2017).
segments.
mstockstill on DSK30JT082PROD with NOTICES
2 See Volume I of the Petitions, at 1. 6 See Letter to the Secretary of Commerce from
3 See Letter to the Secretary of Commerce from the petitioner ‘‘Certain Tool Chests and Cabinets
12 See Certification of Factual Information To the petitioner ‘‘Certain Tool Chests and Cabinets From the People’s Republic of China and the
Import Administration During Antidumping and From the People’s Republic of China and the Socialist Republic of Vietnam—Petitioner’s 3rd
Countervailing Duty Proceedings, 78 FR 42678 (July Socialist Republic of Vietnam—Petitioner’s Amendment to Volume I of the Antidumping and
17, 2013) (‘‘Final Rule’’); see also the frequently Amendment to Volume I of the Antidumping and Countervailing Duty Petition’’ (April 27, 2017)
asked questions regarding the Final Rule, available Countervailing Duty Petition’’ (April 13, 2017) (General Issues 3rd Amendment).
at http://enforcement.trade.gov/tlei/notices/factual_ (clarifying the scope of the imported merchandise 7 See ‘‘Determination of Industry Support for the
info_final_rule_FAQ_07172013.pdf. that the petitioner intends to cover). Petition’’ section, below.
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![21520 Federal Register / Vol. 82, No. 88 / Tuesday, May 9, 2017 / Notices
Dated: May 1, 2017. They are often packaged as a set with tool convenience and Customs purposes, the
Ronald K. Lorentzen, cabinets or intermediate chests, but may also written description of the scope of this
be packaged separately. They may be investigation is dispositive.
Acting Assistant Secretary for Enforcement
packaged with mounting hardware (e.g., [FR Doc. 2017–09371 Filed 5–8–17; 8:45 am]
and Compliance.
bolts) and instructions for assembling them
BILLING CODE 3510–DS–P
Appendix I onto the base tool cabinet or onto an
intermediate tool chest which rests on the
Scope of the Investigation base tool cabinet. Smaller top chests typically
The scope of this investigation covers have handles on the sides, while the larger DEPARTMENT OF COMMERCE
certain metal tool chests and tool cabinets, top chests typically lack handles.
with drawers, (tool chests and cabinets), from Intermediate tool chests are designed to fit on International Trade Administration
the People’s Republic of China (the PRC). top of the floor standing tool cabinet and to [A–570–815, A–533–806, C–533–807]
The scope covers all metal tool chests and be used underneath the top tool chest.
cabinets, including top chests, intermediate Although they may be packaged or used Sulfanilic Acid From India and the
chests, tool cabinets and side cabinets, separately from the tool cabinet, intermediate People’s Republic of China:
storage units, mobile work benches, and chests are designed to be used in conjunction
work stations and that have the following with tool cabinets. The intermediate chests Continuation of Antidumping Duty and
physical characteristics: typically do not have handles. The Countervailing Duty Orders
(1) A body made of carbon, alloy, or intermediate and top chests may have the AGENCY: Enforcement and Compliance,
stainless steel and/or other metals; capability of being bolted together.
Side cabinets are designed to be bolted or
International Trade Administration,
(2) two or more drawers for storage in each
individual unit; otherwise attached to the side of the base Department of Commerce.
(3) a width (side to side) exceeding 15 storage cabinet to expand the storage capacity SUMMARY: As a result of determinations
inches for side cabinets and exceeding 21 of the base tool cabinet. by the Department of Commerce
inches for all other individual units but not Subject tool chests and cabinets also may (Department) and the International
exceeding 60 inches; be packaged with a tool set included. Trade Commission (ITC) that revocation
(4) a drawer depth (front to back) Packaging a subject tool chest and cabinet of the antidumping duty (AD) orders on
exceeding 10 inches but not exceeding 24 with a tool set does not remove an otherwise sulfanilic acid from the People’s
inches; and covered subject tool chest and cabinet from
(5) prepackaged for retail sale. the scope. When this occurs the tools are not
Republic of China (PRC) and India and
For purposes of this scope, the width part of the subject merchandise. the countervailing duty (CVD) order on
parameter applies to each individual unit, Excluded from the scope of the sulfanilic acid from India would likely
i.e., each individual top chest, intermediate investigation are tool boxes, chests and lead to continuation or recurrence of
top chest, tool cabinet, side cabinet, storage cabinets with bodies made of plastic, carbon dumping and a countervailable subsidy
unit, mobile work bench, and work station. fiber, wood, or other non-metallic substances. and material injury to an industry in the
Prepackaged for retail sale means the units Also excluded from the scope of the United States, the Department is
are packaged in a cardboard box or other investigation are portable metal tool boxes. publishing this notice of continuation of
container suitable for retail display and sale. Portable metal tool boxes have each of the these AD and CVD orders.
Subject tool chests and cabinets are covered following characteristics: (1) Fewer than
whether imported in assembled or three drawers; (2) a handle on the top that DATES: Effective May 9, 2017.
unassembled form. Subject merchandise allows the tool box to be carried by hand; and FOR FURTHER INFORMATION CONTACT:
includes tool chests and cabinets produced (3) a width that is 21 inches or less; and Mandy Mallott (India and PRC AD
in the PRC but assembled, prepackaged for depth (front to back) not exceeding 10 inches. Orders), John Conniff (India CVD
sale, or subject to other minor processing in Also excluded from the scope of the Order), AD/CVD Operations, Office III,
a third country prior to importation into the investigation are industrial grade steel tool Enforcement and Compliance
United States. Similarly, it would include chests and cabinets. The excluded industrial
International Trade Administration,
tool chests and cabinets produced in the PRC grade steel tool chests and cabinets are those:
that are later found to be assembled, (1) Having a body that is over 60 inches U.S. Department of Commerce, 1401
prepackaged for sale, or subject to other wide; or Constitution Avenue NW., Washington,
minor processing after importation into the (2) having each of the following physical DC 20230; telephone: (202) 482–6430 or
United States. characteristics: (202) 482–1009, respectively.
Subject tool chests and cabinets may also (a) A body made of steel that is 0.055″ or SUPPLEMENTARY INFORMATION: On
have doors and shelves in addition to more in thickness; September 1, 2016, the Department
drawers, may have handles (typically (b) all drawers over 21″ deep; initiated the fourth sunset reviews of the
mounted on the sides), and may have a work (c) all drawer slides rated for 200 lbs. or
AD orders on sulfanilic acid from the
surface on the top. Subject tool chests and more; and
cabinets may be uncoated (e.g., stainless (d) not prepackaged for retail sale. PRC and India and the CVD order on
steel), painted, powder coated, galvanized, or Also excluded from the scope of the sulfanilic acid from India pursuant to
otherwise coated for corrosion protection or investigation are work benches with fewer section 751(c) of the Tariff Act of 1930,
aesthetic appearance. than two drawers. Excluded work benches as amended (Act).1
Subject tool chests and cabinets may be have a solid top working surface, fewer than As a result of its reviews, pursuant to
packaged as individual units or in sets. When two drawers, are supported by legs and have sections 751(c) and 752(b) of the Act,
packaged in sets, they typically include a no solid front, side, or back panels enclosing the Department determined that
cabinet with one or more chests that stack on the body of the unit. revocation of the AD orders on
top of the cabinet. Tool cabinets act as a base Also excluded from the scope of the sulfanilic acid from India and the PRC
tool storage unit and typically have rollers, investigation are metal filing cabinets that are
casters, or wheels to permit them to be configured to hold hanging file folders and
and the CVD order on sulfanilic acid
moved more easily when loaded with tools. are classified in the Harmonized Tariff from India would be likely to lead to a
mstockstill on DSK30JT082PROD with NOTICES
Work stations and work benches are tool Schedule of the United States (HTSUS) at continuation or recurrence of dumping
cabinets with a work surface on the top that subheading 9403.10.0020. and a countervailable subsidy, and,
may be made of rubber, plastic, metal, wood, Merchandise subject to the investigation is therefore, notified the ITC of the
or other materials. classified under HTSUS categories magnitude of the margins and net
Top chests are designed to be used with a 9403.20.0021, 9403.20.0026, 9403.20.0030
tool cabinet to form a tool storage unit. The and 7326.90.8688, but may also be classified 1 See Initiation of Five-Year (‘‘Sunset’’) Reviews,
top chests may be mounted on top of the base under HTSUS category 7326.90.3500. While 81 FR 60386 (September 1, 2016) (‘‘Notice of
tool cabinet or onto an intermediate chest. HTSUS subheadings are provided for Initiation’’).
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Document Created: 2018-11-08 08:41:07
Document Modified: 2018-11-08 08:41:07
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective Date: May 1, 2016. | |
| Contact | Minoo Hatten at (202) 482-1690, AD/CVD Operations, Enforcement & Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. | |
| FR Citation | 82 FR 21516 |
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