82_FR_53672 82 FR 53452 - Certain Tool Chests and Cabinets From the Socialist Republic of Vietnam: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination and Extension of Provisional Measures

82 FR 53452 - Certain Tool Chests and Cabinets From the Socialist Republic of Vietnam: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination and Extension of Provisional Measures

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 220 (November 16, 2017)

Page Range53452-53455
FR Document2017-24862

The Department of Commerce (the Department) preliminarily determines that certain tool chests and cabinets (tool chests) from the Socialist Republic of Vietnam (Vietnam) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is October 1, 2016, through March 31, 2017.

Federal Register, Volume 82 Issue 220 (Thursday, November 16, 2017)
[Federal Register Volume 82, Number 220 (Thursday, November 16, 2017)]
[Notices]
[Pages 53452-53455]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24862]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-821]


Certain Tool Chests and Cabinets From the Socialist Republic of 
Vietnam: Preliminary Affirmative Determination of Sales at Less Than 
Fair Value, Postponement of Final Determination and Extension of 
Provisional Measures

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that certain tool chests and cabinets (tool chests) from the 
Socialist Republic of Vietnam (Vietnam) are being, or are likely to be, 
sold in the United States at less than fair value (LTFV). The period of 
investigation (POI) is October 1, 2016, through March 31, 2017.

DATES: Applicable November 16, 2017.

FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-0665.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). The Department 
published the notice of initiation of this investigation on May 9, 
2017.\1\ On August 21, 2017, the Department postponed the preliminary 
determination of this investigation and the revised deadline is now 
November 7, 2017.\2\ For a complete description of the events that 
followed the initiation of this investigation, see the Preliminary 
Decision Memorandum.\3\ A list of topics included in the Preliminary 
Decision Memorandum is included as Appendix II to this notice. The 
Preliminary Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov, 
and to all parties in the Central Records Unit, room B8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/.
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    \1\ See Certain Tool Chests and Cabinets from the People's 
Republic of China and the Socialist Republic of Vietnam: Initiation 
of Less-Than-Fair-Value Investigations, 82 FR 21523 (May 9, 2017) 
(Initiation Notice).
    \2\ See Certain Tool Chests and Cabinets from the People's 
Republic of China and the Socialist Republic of Vietnam: 
Postponements of Preliminary Determinations of Antidumping Duty 
Investigations, 82 FR 39563 (August 21, 2017).
    \3\ See Memorandum, ``Decision Memorandum for Preliminary 
Affirmative Determination in the Less-Than-Fair-Value Investigation 
of Certain Tool Chests and Cabinets from the Socialist Republic of 
Vietnam,'' dated concurrently with, and hereby adopted by, this 
notice (Preliminary Decision Memorandum).
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Scope of the Investigation

    The products covered by this investigation are tool chests from 
Vietnam. For a complete description of the scope of this investigation, 
see Appendix I.

Scope Comments

    In accordance with the preamble to the Department's regulations,\4\ 
the Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (scope).\5\ Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice. For a summary of the product coverage comments 
and rebuttal responses submitted to the record for this investigation, 
and accompanying discussion and analysis of all comments timely 
received, see the Preliminary Scope Decision Memorandum.\6\ The 
Department has preliminarily modified the scope language that appeared 
in the Initiation Notice. See the revised scope in Appendix I to this 
notice. The Department intends to address any scope comments received 
\7\ and issue a

[[Page 53453]]

final scope decision along with the final determination in the 
concurrent countervailing duty (CVD) investigation on tool chests from 
the People's Republic of China.
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    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice, 82 FR at 21523.
    \6\ See Memorandum, ``Certain Tool Chests and Cabinets from the 
People's Republic of China and the Socialist Republic of Vietnam: 
Scope Comments Decision Memorandum for the Preliminary 
Determinations'' (Preliminary Scope Decision Memorandum), dated 
September 8, 2017.
    \7\ The scope case briefs were due 30 days after the publication 
of Certain Tool Chests and Cabinets from the People's Republic of 
China: Preliminary Affirmative Countervailing Duty Determination, 82 
FR 43331 (September 15, 2017), which was Sunday, October 15, 2017. 
See the Preliminary Scope Decision Memorandum at 6. Therefore, the 
actual deadline for the scope case briefs was Monday, October 16, 
2017. See 19 CFR 351.303(b)(1) (``For both electronically filed and 
manually filed documents, if the applicable due date falls on a non-
business day, the Secretary will accept documents that are filed on 
the next business day.''). The deadline for scope rebuttal briefs 
was Monday, October 23, 2017.
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Methodology

    The Department is conducting this investigation in accordance with 
section 731 of the Act. The Department has calculated export prices and 
constructed export prices in accordance with sections 772(a) and (b) of 
the Act, respectively. Because Vietnam is a non-market economy, within 
the meaning of section 771(18) of the Act, the Department has 
calculated normal value (NV) in accordance with section 773(c) of the 
Act. In addition, pursuant to section 776(a) and (b) of the Act, the 
Department preliminarily has relied on facts otherwise available, with 
adverse inferences, for the Vietnam-wide entity. For a full description 
of the methodology underlying the Department's preliminary 
determination, see the Preliminary Decision Memorandum.

Combination Rates

    In the Initiation Notice,\8\ the Department stated that it would 
calculate producer/exporter combination rates for the respondents that 
are eligible for a separate rate in this investigation. Policy Bulletin 
05.1 describes this practice.\9\ In this investigation, we calculated 
producer/exporter combination rates for respondents eligible for 
separate rates.
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    \8\ See Initiation Notice, 82 FR at 21528.
    \9\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations involving Non-Market Economy 
Countries,'' dated April 5, 2005 (Policy Bulletin 05.1), available 
on the Department's Web site at http://enforcement.trade.gov/policy/bull05-1.pdf.
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Preliminary Determination

    The Department preliminarily determines that the following 
estimated weighted-average dumping margins exist: \10\
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    \10\ The Department preliminarily determines that Clearwater 
Metal VN JSC, Rabat Corporation, and CSPS Co., Ltd., are a single 
entity (hereinafter, Clearwater Metal Single Entity). See 
Preliminary Decision Memorandum; see also Memorandum, ``Certain Tool 
Chests and Cabinets from the Socialist Republic of Vietnam: 
Collapsing and Single Entity Treatment,'' dated concurrently with 
this notice.

------------------------------------------------------------------------
                                                      Estimated weighted-
            Exporter                   Producer         average dumping
                                                       margin ([percnt])
------------------------------------------------------------------------
Clearwater Metal Single Entity..  Clearwater Metal                230.31
                                   Single Entity.
Vietnam-wide Entity.............  ..................              230.31
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, the Department 
will direct U.S. Customs and Border Protection (CBP) to suspend 
liquidation of subject merchandise as described in the scope of the 
investigation section entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of this notice in the 
Federal Register, as discussed below. Further, pursuant to section 
733(d)(1)(B) of the Act and 19 CFR 351.205(d), the Department will 
instruct CBP to require a cash deposit equal to the weighted-average 
amount by which normal value exceeds U.S. price, as indicated in the 
chart above as follows: (1) For the producer/exporter combination 
listed in the table above, the cash deposit rate is equal to the 
estimated weighted-average dumping margin listed for that combination 
in the table; (2) for all combinations of Vietnam producers/exporters 
of merchandise under consideration that have not established 
eligibility for their own separate rates, the cash deposit rate will be 
equal to the estimated weighted-average dumping margin established for 
the Vietnam-wide entity; and (3) for all third-country exporters of 
merchandise under consideration not listed in the table above, the cash 
deposit rate is the cash deposit rate applicable to the Vietnam 
producer/exporter combination (or the Vietnam-wide entity) that 
supplied that third-country exporter.

Disclosure

    The Department intends to disclose to interested parties the 
calculations performed in connection with this preliminary 
determination within five days of its public announcement or, if there 
is no public announcement, within five days of the date of publication 
of this notice in accordance with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, the Department intends 
to verify information relied upon in making its final determination.

Public Comment

    Case briefs or other written comments, with the exception of scope 
case briefs or scope comments,\11\ may be submitted to the Assistant 
Secretary for Enforcement and Compliance no later than seven days after 
the date on which the last final verification report is issued in this 
investigation, unless the Department alters the time limit. Rebuttal 
briefs, limited to issues raised in case briefs, may be submitted no 
later than five days after the deadline date for case briefs.\12\ 
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case 
briefs or rebuttal briefs in this investigation are encouraged to 
submit with each argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.
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    \11\ As explained above, the actual deadline for the scope case 
briefs was Monday, October 16, 2017.
    \12\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, the 
Department intends to hold the hearing at the U.S. Department of 
Commerce,

[[Page 53454]]

1401 Constitution Avenue NW., Washington, DC 20230, at a time and date 
to be determined. Parties should confirm by telephone the date, time, 
and location of the hearing two days before the scheduled date.
    All documents must be filed electronically using ACCESS. An 
electronically-filed request must be received successfully in its 
entirety by ACCESS no later than 5:00 p.m. Eastern Time on the 
established due date.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioners. Pursuant to 19 CFR 351.210(e)(2), the Department 
requires that requests by respondents for postponement of a final 
antidumping determination be accompanied by a request for extension of 
provisional measures from a four-month period to a period not more than 
six months in duration.
    On September 19, 2017, pursuant to 19 CFR 351.210(e), the 
Clearwater Metal Single Entity requested that the Department postpone 
the final determination and that provisional measures be extended to a 
period not to exceed six months.\13\ In accordance with section 
735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because (1) the 
preliminary determination is affirmative; (2) the requesting exporter 
accounts for a significant proportion of exports of the subject 
merchandise; and (3) no compelling reasons for denial exist, the 
Department is postponing the final determination and extending the 
provisional measures from a four-month period to a period not greater 
than six months. Accordingly, the Department's final determination will 
be published no later than 135 days after the date of publication of 
this preliminary determination.
---------------------------------------------------------------------------

    \13\ See Letter from the Clearwater Metal Single Entity, 
``Antidumping Duty Investigation of Certain Tool Chests and Cabinets 
from the Socialist Republic of Vietnam: Extension Request for Final 
Determination,'' dated September 19, 2017.
---------------------------------------------------------------------------

International Trade Commission Notification

    In accordance with section 733(f) of the Act, the Department will 
notify the International Trade Commission (ITC) of its preliminary 
determination of sales at LTFV. If the final determination is 
affirmative, the ITC will determine before the later of 120 days after 
the date of this preliminary determination or 45 days after the final 
determination whether imports of the subject merchandise are materially 
injuring, or threaten material injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: November 7, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
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 Socialist Republic of Vietnam (Vietnam). 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 body 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 may, for example, be 
packaged in a cardboard box, other type of container or packaging, 
and may bear a Universal Product Code, along with photographs, 
pictures, images, features, artwork, and/or product specifications. 
Subject tool chests and cabinets are covered whether imported in 
assembled or unassembled form. Subject merchandise includes tool 
chests and cabinets produced in Vietnam but assembled, prepackaged 
for retail 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 Vietnam that are 
later found to be assembled, prepackaged for retail 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 mobile 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.
    All tool chests and cabinets that meet the above definition are 
included in the scope unless otherwise specifically excluded.
    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 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 in width; or
    (2) having each of the following physical characteristics:
    (a) A body made of steel that is 0.047 inches or more in 
thickness;

[[Page 53455]]

    (b) a body depth (front to back) exceeding 21 inches; and
    (c) a unit weight that exceeds the maximum unit weight shown 
below for each width range:
[GRAPHIC] [TIFF OMITTED] TR16NO17.283

    Also excluded from the scope of the investigation are service 
carts. The excluded service carts have all of the following 
characteristics:
    (1) Casters, wheels, or other similar devices which allow the 
service cart to be rolled from place to place;
    (2) a flat top or flat lid on top of the unit that opens;
    (3) a space or gap between the casters, wheels, or other similar 
devices, and the bottom of the enclosed storage space (e.g., 
drawers) of at least 10 inches; and
    (4) a total unit height, including casters, of less than 48 
inches.
    Also excluded from the scope of the investigation are non-mobile 
work benches. The excluded non-mobile work benches have all of the 
following characteristics:
    (1) A solid top working surface;
    (2) no drawers, one drawer, or two drawers in a side-by-side 
configuration; and
    (3) the unit is supported by legs and has no solid front, side, 
or back panels enclosing the body of the unit.
    Also excluded from the scope of this 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 this 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.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Product Characteristics
VI. Selection of Respondents
VII. Affiliation and Single Entity Treatment
VIII. Discussion of the Methodology
    A. Non-Market Economy Country
    B. Surrogate Country
    1. Economic Comparability
    2. Significant Producer of Comparable Merchandise
    3. Data Availability
    C. Surrogate Value Comments
    D. Separate Rates
    E. Combination Rates
    F. The Vietnam-Wide Entity
    G. Application of Facts Available and Adverse Inferences
    1. Use of Facts Available
    2. Application of Facts Available With an Adverse Inference
    3. Selection of the AFA Rate
    H. Date of Sale
    I. Comparisons to Fair Value
    1. Determination of Comparison Method
    2. Results of the Differential Pricing Analysis
    J. U.S. Price
    K. Normal Value
    L. Factor Valuation Methodology
    1. Direct and Packing Materials
    2. Energy
    3. Movement Expenses
    4. Labor
    5. Financial Ratios
    M. Use of Facts Available for Certain Factors of Production
    N. Currency Conversion
IX. Conclusion

[FR Doc. 2017-24862 Filed 11-15-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                    53452                     Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Notices

                                                    FOR FURTHER INFORMATION CONTACT:       Ivy              meeting is given less than 15 calendar                description of the events that followed
                                                    L. Davis, at ero@usccr.gov or by phone                  days prior to the meeting because of the              the initiation of this investigation, see
                                                    at 202–376–7533.                                        exceptional circumstance of completing                the Preliminary Decision
                                                    SUPPLEMENTARY INFORMATION: Interested                   the record on the implicit bias project.              Memorandum.3 A list of topics included
                                                    members of the public may listen to the                   Dated: November 13, 2017.                           in the Preliminary Decision
                                                    discussion by calling the following toll-               David Mussatt,                                        Memorandum is included as Appendix
                                                    free conference call number: 1–800–                     Supervisory Chief, Regional Programs Unit.
                                                                                                                                                                  II to this notice. The Preliminary
                                                    210–9006 and conference call ID:                                                                              Decision Memorandum is a public
                                                                                                            [FR Doc. 2017–24828 Filed 11–15–17; 8:45 am]
                                                    4124362. Please be advised that before                                                                        document and is on file electronically
                                                                                                            BILLING CODE P
                                                    placing them into the conference call,                                                                        via Enforcement and Compliance’s
                                                    the conference call operator may ask                                                                          Antidumping and Countervailing Duty
                                                    callers to provide their names, their                                                                         Centralized Electronic Service System
                                                    organizational affiliations (if any), and               DEPARTMENT OF COMMERCE                                (ACCESS). ACCESS is available to
                                                    email addresses (so that callers may be                 International Trade Administration                    registered users at https://
                                                    notified of future meetings). Callers can                                                                     access.trade.gov, and to all parties in the
                                                    expect to incur charges for calls they                  [A–552–821]                                           Central Records Unit, room B8024 of the
                                                    initiate over wireless lines, and the                                                                         main Department of Commerce
                                                    Commission will not refund any                          Certain Tool Chests and Cabinets                      building. In addition, a complete
                                                    incurred charges. Callers will incur no                 From the Socialist Republic of                        version of the Preliminary Decision
                                                    charge for calls they initiate over land-               Vietnam: Preliminary Affirmative                      Memorandum can be accessed directly
                                                    line connections to the toll-free                       Determination of Sales at Less Than                   at http://enforcement.trade.gov/frn/.
                                                    telephone number herein.                                Fair Value, Postponement of Final
                                                                                                            Determination and Extension of                        Scope of the Investigation
                                                       Persons with hearing impairments
                                                    may also follow the discussion by first                 Provisional Measures                                    The products covered by this
                                                    calling the Federal Relay Service at                    AGENCY:  Enforcement and Compliance,                  investigation are tool chests from
                                                    1–888–364–3109 and providing the                        International Trade Administration,                   Vietnam. For a complete description of
                                                    operator with the toll-free conference                  Department of Commerce.                               the scope of this investigation, see
                                                    call number: 1–800–210–9006 and                         SUMMARY: The Department of Commerce                   Appendix I.
                                                    conference call ID: 4124362.                            (the Department) preliminarily                        Scope Comments
                                                       Members of the public are invited to                 determines that certain tool chests and
                                                    submit written comments; the                                                                                    In accordance with the preamble to
                                                                                                            cabinets (tool chests) from the Socialist
                                                    comments must be received in the                                                                              the Department’s regulations,4 the
                                                                                                            Republic of Vietnam (Vietnam) are
                                                    regional office approximately 30 days                                                                         Initiation Notice set aside a period of
                                                                                                            being, or are likely to be, sold in the
                                                    after each scheduled meeting. Written                                                                         time for parties to raise issues regarding
                                                                                                            United States at less than fair value
                                                    comments may be mailed to the Eastern                                                                         product coverage (scope).5 Certain
                                                                                                            (LTFV). The period of investigation
                                                    Regional Office, U.S. Commission on                     (POI) is October 1, 2016, through March               interested parties commented on the
                                                    Civil Rights, 1331 Pennsylvania                         31, 2017.                                             scope of the investigation as it appeared
                                                    Avenue, Suite 1150, Washington, DC                                                                            in the Initiation Notice. For a summary
                                                                                                            DATES: Applicable November 16, 2017.
                                                    20425, or emailed to Evelyn Bohor at                                                                          of the product coverage comments and
                                                                                                            FOR FURTHER INFORMATION CONTACT:                      rebuttal responses submitted to the
                                                    ero@usccr.gov. Persons who desire
                                                                                                            Dmitry Vladimirov, AD/CVD                             record for this investigation, and
                                                    additional information may contact the
                                                                                                            Operations, Office I, Enforcement and                 accompanying discussion and analysis
                                                    Eastern Regional Office at (202) 376–
                                                                                                            Compliance, International Trade                       of all comments timely received, see the
                                                    7533.
                                                                                                            Administration, U.S. Department of                    Preliminary Scope Decision
                                                       Records and documents discussed
                                                                                                            Commerce, 1401 Constitution Avenue                    Memorandum.6 The Department has
                                                    during the meeting will be available for
                                                                                                            NW., Washington, DC 20230; telephone:                 preliminarily modified the scope
                                                    public viewing as they become available
                                                                                                            (202) 482–0665.                                       language that appeared in the Initiation
                                                    at http://facadatabase.gov/committee/
                                                                                                            SUPPLEMENTARY INFORMATION:                            Notice. See the revised scope in
                                                    meetings.aspx?cid=240; click the
                                                    ‘‘Meeting Details’’ and ‘‘Documents’’                   Background                                            Appendix I to this notice. The
                                                    links. Records generated from this                                                                            Department intends to address any
                                                                                                               This preliminary determination is
                                                    meeting may also be inspected and                                                                             scope comments received 7 and issue a
                                                                                                            made in accordance with section 733(b)
                                                    reproduced at the Eastern Regional                      of the Tariff Act of 1930, as amended                   3 See Memorandum, ‘‘Decision Memorandum for
                                                    Office, as they become available, both                  (the Act). The Department published the               Preliminary Affirmative Determination in the Less-
                                                    before and after the meetings. Persons                  notice of initiation of this investigation            Than-Fair-Value Investigation of Certain Tool
                                                    interested in the work of this advisory                 on May 9, 2017.1 On August 21, 2017,                  Chests and Cabinets from the Socialist Republic of
                                                    committee are advised to go to the                      the Department postponed the                          Vietnam,’’ dated concurrently with, and hereby
                                                    Commission’s Web site, www.usccr.gov,                                                                         adopted by, this notice (Preliminary Decision
                                                                                                            preliminary determination of this                     Memorandum).
                                                    or to contact the Eastern Regional Office               investigation and the revised deadline is               4 See Antidumping Duties; Countervailing Duties,
                                                    at the above phone number, email or                     now November 7, 2017.2 For a complete                 Final Rule, 62 FR 27296, 27323 (May 19, 1997).
                                                    street address.                                                                                                 5 See Initiation Notice, 82 FR at 21523.
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                               1 See Certain Tool Chests and Cabinets from the      6 See Memorandum, ‘‘Certain Tool Chests and
                                                    Agenda                                                                                                        Cabinets from the People’s Republic of China and
                                                                                                            People’s Republic of China and the Socialist
                                                    I. Welcome and Introductions Rollcall                   Republic of Vietnam: Initiation of Less-Than-Fair-    the Socialist Republic of Vietnam: Scope Comments
                                                    II. Planning Meeting                                    Value Investigations, 82 FR 21523 (May 9, 2017)       Decision Memorandum for the Preliminary
                                                       Discuss post-briefing record and tasks               (Initiation Notice).                                  Determinations’’ (Preliminary Scope Decision
                                                                                                               2 See Certain Tool Chests and Cabinets from the    Memorandum), dated September 8, 2017.
                                                    III. Other Business                                                                                             7 The scope case briefs were due 30 days after the
                                                                                                            People’s Republic of China and the Socialist
                                                    IV. Adjourn                                             Republic of Vietnam: Postponements of Preliminary     publication of Certain Tool Chests and Cabinets
                                                       Exceptional Circumstance: Pursuant                   Determinations of Antidumping Duty                    from the People’s Republic of China: Preliminary
                                                    to 41 CFR 102–3.150, the notice for this                Investigations, 82 FR 39563 (August 21, 2017).        Affirmative Countervailing Duty Determination, 82



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                                                                                    Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Notices                                                                                     53453

                                                    final scope decision along with the final                           Department has calculated normal value                                      calculate producer/exporter
                                                    determination in the concurrent                                     (NV) in accordance with section 773(c)                                      combination rates for the respondents
                                                    countervailing duty (CVD) investigation                             of the Act. In addition, pursuant to                                        that are eligible for a separate rate in
                                                    on tool chests from the People’s                                    section 776(a) and (b) of the Act, the                                      this investigation. Policy Bulletin 05.1
                                                    Republic of China.                                                  Department preliminarily has relied on                                      describes this practice.9 In this
                                                                                                                        facts otherwise available, with adverse                                     investigation, we calculated producer/
                                                    Methodology
                                                                                                                        inferences, for the Vietnam-wide entity.                                    exporter combination rates for
                                                      The Department is conducting this                                 For a full description of the                                               respondents eligible for separate rates.
                                                    investigation in accordance with section                            methodology underlying the
                                                    731 of the Act. The Department has                                  Department’s preliminary                                                    Preliminary Determination
                                                    calculated export prices and constructed                            determination, see the Preliminary
                                                    export prices in accordance with                                    Decision Memorandum.                                                          The Department preliminarily
                                                    sections 772(a) and (b) of the Act,                                                                                                             determines that the following estimated
                                                    respectively. Because Vietnam is a non-                             Combination Rates                                                           weighted-average dumping margins
                                                    market economy, within the meaning of                                 In the Initiation Notice,8 the                                            exist: 10
                                                    section 771(18) of the Act, the                                     Department stated that it would

                                                                                                                                                                                                                                               Estimated
                                                                                                                                                                                                                                               weighted-
                                                                                                                                                                                                                                                average
                                                                                        Exporter                                                                                    Producer                                                   dumping
                                                                                                                                                                                                                                                margin
                                                                                                                                                                                                                                                  (%)

                                                    Clearwater Metal Single Entity ...............................................         Clearwater Metal Single Entity ...............................................                             230.31
                                                    Vietnam-wide Entity ................................................................   .................................................................................................          230.31



                                                    Suspension of Liquidation                                           exporters of merchandise under                                              the last final verification report is issued
                                                                                                                        consideration not listed in the table                                       in this investigation, unless the
                                                       In accordance with section 733(d)(2)
                                                                                                                        above, the cash deposit rate is the cash                                    Department alters the time limit.
                                                    of the Act, the Department will direct
                                                                                                                        deposit rate applicable to the Vietnam                                      Rebuttal briefs, limited to issues raised
                                                    U.S. Customs and Border Protection
                                                                                                                        producer/exporter combination (or the                                       in case briefs, may be submitted no later
                                                    (CBP) to suspend liquidation of subject
                                                                                                                        Vietnam-wide entity) that supplied that                                     than five days after the deadline date for
                                                    merchandise as described in the scope
                                                                                                                        third-country exporter.                                                     case briefs.12 Pursuant to 19 CFR
                                                    of the investigation section entered, or
                                                    withdrawn from warehouse, for                                       Disclosure                                                                  351.309(c)(2) and (d)(2), parties who
                                                    consumption on or after the date of                                                                                                             submit case briefs or rebuttal briefs in
                                                                                                                          The Department intends to disclose to                                     this investigation are encouraged to
                                                    publication of this notice in the Federal                           interested parties the calculations
                                                    Register, as discussed below. Further,                                                                                                          submit with each argument: (1) A
                                                                                                                        performed in connection with this                                           statement of the issue; (2) a brief
                                                    pursuant to section 733(d)(1)(B) of the                             preliminary determination within five
                                                    Act and 19 CFR 351.205(d), the                                                                                                                  summary of the argument; and (3) a
                                                                                                                        days of its public announcement or, if                                      table of authorities.
                                                    Department will instruct CBP to require                             there is no public announcement,
                                                    a cash deposit equal to the weighted-                               within five days of the date of                                                Pursuant to 19 CFR 351.310(c),
                                                    average amount by which normal value                                publication of this notice in accordance                                    interested parties who wish to request a
                                                    exceeds U.S. price, as indicated in the                             with 19 CFR 351.224(b).                                                     hearing, limited to issues raised in the
                                                    chart above as follows: (1) For the                                                                                                             case and rebuttal briefs, must submit a
                                                    producer/exporter combination listed in                             Verification                                                                written request to the Assistant
                                                    the table above, the cash deposit rate is                              As provided in section 782(i)(1) of the                                  Secretary for Enforcement and
                                                    equal to the estimated weighted-average                             Act, the Department intends to verify                                       Compliance, U.S. Department of
                                                    dumping margin listed for that                                      information relied upon in making its                                       Commerce, within 30 days after the date
                                                    combination in the table; (2) for all                               final determination.                                                        of publication of this notice. Requests
                                                    combinations of Vietnam producers/                                                                                                              should contain the party’s name,
                                                    exporters of merchandise under                                      Public Comment                                                              address, and telephone number, the
                                                    consideration that have not established                               Case briefs or other written                                              number of participants, whether any
                                                    eligibility for their own separate rates,                           comments, with the exception of scope                                       participant is a foreign national, and a
                                                    the cash deposit rate will be equal to the                          case briefs or scope comments,11 may be                                     list of the issues to be discussed. If a
                                                    estimated weighted-average dumping                                  submitted to the Assistant Secretary for                                    request for a hearing is made, the
                                                    margin established for the Vietnam-                                 Enforcement and Compliance no later                                         Department intends to hold the hearing
                                                    wide entity; and (3) for all third-country                          than seven days after the date on which                                     at the U.S. Department of Commerce,

                                                    FR 43331 (September 15, 2017), which was Sunday,                       8 See Initiation Notice, 82 FR at 21528.                                 CSPS Co., Ltd., are a single entity (hereinafter,
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    October 15, 2017. See the Preliminary Scope                            9 See Enforcement and Compliance’s Policy                                Clearwater Metal Single Entity). See Preliminary
                                                    Decision Memorandum at 6. Therefore, the actual                     Bulletin No. 05.1, regarding, ‘‘Separate-Rates                              Decision Memorandum; see also Memorandum,
                                                    deadline for the scope case briefs was Monday,                      Practice and Application of Combination Rates in                            ‘‘Certain Tool Chests and Cabinets from the
                                                    October 16, 2017. See 19 CFR 351.303(b)(1) (‘‘For                   Antidumping Investigations involving Non-Market                             Socialist Republic of Vietnam: Collapsing and
                                                    both electronically filed and manually filed                        Economy Countries,’’ dated April 5, 2005 (Policy                            Single Entity Treatment,’’ dated concurrently with
                                                    documents, if the applicable due date falls on a                    Bulletin 05.1), available on the Department’s Web                           this notice.
                                                    non-business day, the Secretary will accept                         site at http://enforcement.trade.gov/policy/bull05-                            11 As explained above, the actual deadline for the

                                                    documents that are filed on the next business                       1.pdf.                                                                      scope case briefs was Monday, October 16, 2017.
                                                    day.’’). The deadline for scope rebuttal briefs was                    10 The Department preliminarily determines that                             12 See 19 CFR 351.309; see also 19 CFR 351.303

                                                    Monday, October 23, 2017.                                           Clearwater Metal VN JSC, Rabat Corporation, and                             (for general filing requirements).



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                                                    53454                     Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Notices

                                                    1401 Constitution Avenue NW.,                           International Trade Commission                        produced in Vietnam that are later found to
                                                    Washington, DC 20230, at a time and                     Notification                                          be assembled, prepackaged for retail sale, or
                                                                                                                                                                  subject to other minor processing after
                                                    date to be determined. Parties should                      In accordance with section 733(f) of               importation into the United States.
                                                    confirm by telephone the date, time, and                the Act, the Department will notify the                  Subject tool chests and cabinets may also
                                                    location of the hearing two days before                 International Trade Commission (ITC) of               have doors and shelves in addition to
                                                    the scheduled date.                                     its preliminary determination of sales at             drawers, may have handles (typically
                                                                                                            LTFV. If the final determination is                   mounted on the sides), and may have a work
                                                      All documents must be filed                                                                                 surface on the top. Subject tool chests and
                                                    electronically using ACCESS. An                         affirmative, the ITC will determine
                                                                                                                                                                  cabinets may be uncoated (e.g., stainless
                                                    electronically-filed request must be                    before the later of 120 days after the date           steel), painted, powder coated, galvanized, or
                                                    received successfully in its entirety by                of this preliminary determination or 45               otherwise coated for corrosion protection or
                                                    ACCESS no later than 5:00 p.m. Eastern                  days after the final determination                    aesthetic appearance.
                                                    Time on the established due date.                       whether imports of the subject                           Subject tool chests and cabinets may be
                                                                                                            merchandise are materially injuring, or               packaged as individual units or in sets. When
                                                    Postponement of Final Determination                     threaten material injury to, the U.S.                 packaged in sets, they typically include a
                                                    and Extension of Provisional Measures                   industry.                                             cabinet with one or more chests that stack on
                                                                                                                                                                  top of the cabinet. Tool cabinets act as a base
                                                       Section 735(a)(2) of the Act provides                Notification to Interested Parties                    tool storage unit and typically have rollers,
                                                                                                                                                                  casters, or wheels to permit them to be
                                                    that a final determination may be                         This determination is issued and                    moved more easily when loaded with tools.
                                                    postponed until not later than 135 days                 published in accordance with sections                 Work stations and mobile work benches are
                                                    after the date of the publication of the                733(f) and 777(i)(1) of the Act and 19                tool cabinets with a work surface on the top
                                                    preliminary determination if, in the                    CFR 351.205(c).                                       that may be made of rubber, plastic, metal,
                                                    event of an affirmative preliminary                                                                           wood, or other materials.
                                                                                                              Dated: November 7, 2017.
                                                                                                                                                                     Top chests are designed to be used with a
                                                    determination, a request for such                       Gary Taverman,                                        tool cabinet to form a tool storage unit. The
                                                    postponement is made by exporters who                   Deputy Assistant Secretary for Antidumping            top chests may be mounted on top of the base
                                                    account for a significant proportion of                 and Countervailing Duty Operations,                   tool cabinet or onto an intermediate chest.
                                                    exports of the subject merchandise, or in               performing the non-exclusive functions and            They are often packaged as a set with tool
                                                    the event of a negative preliminary                     duties of the Assistant Secretary for                 cabinets or intermediate chests, but may also
                                                    determination, a request for such                       Enforcement and Compliance.                           be packaged separately. They may be
                                                                                                                                                                  packaged with mounting hardware (e.g.,
                                                    postponement is made by the                             Appendix I                                            bolts) and instructions for assembling them
                                                    petitioners. Pursuant to 19 CFR                                                                               onto the base tool cabinet or onto an
                                                                                                            Scope of the Investigation
                                                    351.210(e)(2), the Department requires                                                                        intermediate tool chest which rests on the
                                                    that requests by respondents for                           The scope of this investigation covers             base tool cabinet. Smaller top chests typically
                                                                                                            certain metal tool chests and tool cabinets,          have handles on the sides, while the larger
                                                    postponement of a final antidumping                     with drawers, (tool chests and cabinets), from
                                                    determination be accompanied by a                                                                             top chests typically lack handles.
                                                                                                            the Socialist Republic of Vietnam (Vietnam).          Intermediate tool chests are designed to fit on
                                                    request for extension of provisional                    The scope covers all metal tool chests and            top of the floor standing tool cabinet and to
                                                    measures from a four-month period to a                  cabinets, including top chests, intermediate          be used underneath the top tool chest.
                                                    period not more than six months in                      chests, tool cabinets and side cabinets,              Although they may be packaged or used
                                                                                                            storage units, mobile work benches, and               separately from the tool cabinet, intermediate
                                                    duration.
                                                                                                            work stations and that have the following             chests are designed to be used in conjunction
                                                       On September 19, 2017, pursuant to                   physical characteristics:                             with tool cabinets. The intermediate chests
                                                    19 CFR 351.210(e), the Clearwater Metal                    (1) A body made of carbon, alloy, or               typically do not have handles. The
                                                    Single Entity requested that the                        stainless steel and/or other metals;                  intermediate and top chests may have the
                                                    Department postpone the final                              (2) two or more drawers for storage in each        capability of being bolted together.
                                                                                                            individual unit;                                         Side cabinets are designed to be bolted or
                                                    determination and that provisional                         (3) a width (side to side) exceeding 15
                                                    measures be extended to a period not to                                                                       otherwise attached to the side of the base
                                                                                                            inches for side cabinets and exceeding 21             storage cabinet to expand the storage capacity
                                                    exceed six months.13 In accordance with                 inches for all other individual units but not         of the base tool cabinet.
                                                    section 735(a)(2)(A) of the Act and 19                  exceeding 60 inches;                                     Subject tool chests and cabinets also may
                                                    CFR 351.210(b)(2)(ii), because (1) the                     (4) a body depth (front to back) exceeding         be packaged with a tool set included.
                                                    preliminary determination is                            10 inches but not exceeding 24 inches; and            Packaging a subject tool chest and cabinet
                                                    affirmative; (2) the requesting exporter                   (5) prepackaged for retail sale.                   with a tool set does not remove an otherwise
                                                                                                               For purposes of this scope, the width              covered subject tool chest and cabinet from
                                                    accounts for a significant proportion of                parameter applies to each individual unit,            the scope. When this occurs, the tools are not
                                                    exports of the subject merchandise; and                 i.e., each individual top chest, intermediate         part of the subject merchandise.
                                                    (3) no compelling reasons for denial                    top chest, tool cabinet, side cabinet, storage           All tool chests and cabinets that meet the
                                                    exist, the Department is postponing the                 unit, mobile work bench, and work station.            above definition are included in the scope
                                                    final determination and extending the                      Prepackaged for retail sale means the units        unless otherwise specifically excluded.
                                                    provisional measures from a four-month                  may, for example, be packaged in a cardboard             Excluded from the scope of the
                                                    period to a period not greater than six                 box, other type of container or packaging,            investigation are tool boxes, chests, and
                                                                                                            and may bear a Universal Product Code,                cabinets with bodies made of plastic, carbon
                                                    months. Accordingly, the Department’s                   along with photographs, pictures, images,             fiber, wood, or other non-metallic substances.
                                                    final determination will be published no                features, artwork, and/or product
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                                                                                     Also excluded from the scope of the
                                                    later than 135 days after the date of                   specifications. Subject tool chests and               investigation are industrial grade steel tool
                                                    publication of this preliminary                         cabinets are covered whether imported in              chests and cabinets. The excluded industrial
                                                    determination.                                          assembled or unassembled form. Subject                grade steel tool chests and cabinets are those:
                                                                                                            merchandise includes tool chests and                     (1) Having a body that is over 60 inches in
                                                      13 See Letter from the Clearwater Metal Single        cabinets produced in Vietnam but assembled,           width; or
                                                    Entity, ‘‘Antidumping Duty Investigation of Certain     prepackaged for retail sale, or subject to other         (2) having each of the following physical
                                                    Tool Chests and Cabinets from the Socialist             minor processing in a third country prior to          characteristics:
                                                    Republic of Vietnam: Extension Request for Final        importation into the United States. Similarly,           (a) A body made of steel that is 0.047
                                                    Determination,’’ dated September 19, 2017.              it would include tool chests and cabinets             inches or more in thickness;



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                                                                              Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Notices                                                53455

                                                      (b) a body depth (front to back) exceeding              (c) a unit weight that exceeds the
                                                    21 inches; and                                          maximum unit weight shown below for each
                                                                                                            width range:




                                                       Also excluded from the scope of the                  9403.20.0021, 9403.20.0026, 9403.20.0030                2. Application of Facts Available With an
                                                    investigation are service carts. The excluded           and 7326.90.8688, but may also be classified               Adverse Inference
                                                    service carts have all of the following                 under HTSUS category 7326.90.3500. While                3. Selection of the AFA Rate
                                                    characteristics:                                        HTSUS subheadings are provided for                      H. Date of Sale
                                                       (1) Casters, wheels, or other similar devices        convenience and Customs purposes, the                   I. Comparisons to Fair Value
                                                    which allow the service cart to be rolled from          written description of the scope of this                1. Determination of Comparison Method
                                                    place to place;                                         investigation is dispositive.
                                                       (2) a flat top or flat lid on top of the unit                                                                2. Results of the Differential Pricing
                                                    that opens;                                             Appendix II                                                Analysis
                                                       (3) a space or gap between the casters,                                                                      J. U.S. Price
                                                                                                            List of Topics Discussed in the Preliminary
                                                    wheels, or other similar devices, and the                                                                       K. Normal Value
                                                                                                            Decision Memorandum
                                                    bottom of the enclosed storage space (e.g.,                                                                     L. Factor Valuation Methodology
                                                    drawers) of at least 10 inches; and                     I. Summary                                              1. Direct and Packing Materials
                                                       (4) a total unit height, including casters, of       II. Background                                          2. Energy
                                                    less than 48 inches.                                    III. Period of Investigation
                                                                                                                                                                    3. Movement Expenses
                                                       Also excluded from the scope of the                  IV. Scope Comments
                                                                                                            V. Product Characteristics                              4. Labor
                                                    investigation are non-mobile work benches.
                                                                                                            VI. Selection of Respondents                            5. Financial Ratios
                                                    The excluded non-mobile work benches have
                                                    all of the following characteristics:                   VII. Affiliation and Single Entity Treatment            M. Use of Facts Available for Certain
                                                       (1) A solid top working surface;                     VIII. Discussion of the Methodology                        Factors of Production
                                                       (2) no drawers, one drawer, or two drawers              A. Non-Market Economy Country                        N. Currency Conversion
                                                    in a side-by-side configuration; and                       B. Surrogate Country                               IX. Conclusion
                                                       (3) the unit is supported by legs and has               1. Economic Comparability
                                                                                                                                                                  [FR Doc. 2017–24862 Filed 11–15–17; 8:45 am]
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    no solid front, side, or back panels enclosing             2. Significant Producer of Comparable
                                                    the body of the unit.                                         Merchandise                                     BILLING CODE 3510–DS–P
                                                       Also excluded from the scope of this                    3. Data Availability
                                                    investigation are metal filing cabinets that are           C. Surrogate Value Comments
                                                    configured to hold hanging file folders and                D. Separate Rates
                                                    are classified in the Harmonized Tariff                    E. Combination Rates
                                                    Schedule of the United States (HTSUS) at                   F. The Vietnam-Wide Entity
                                                    subheading 9403.10.0020.                                   G. Application of Facts Available and
                                                       Merchandise subject to this investigation is               Adverse Inferences
                                                                                                                                                                                                                 ER16NO17.283</GPH>




                                                    classified under HTSUS categories                          1. Use of Facts Available



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Document Created: 2017-11-16 03:53:11
Document Modified: 2017-11-16 03:53:11
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
DatesApplicable November 16, 2017.
ContactDmitry Vladimirov, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-0665.
FR Citation82 FR 53452 

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