82_FR_56810 82 FR 56582 - Certain Tool Chests and Cabinets From the People's Republic of China: Final Affirmative Countervailing Duty Determination

82 FR 56582 - Certain Tool Chests and Cabinets From the People's Republic of China: Final Affirmative Countervailing Duty Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 228 (November 29, 2017)

Page Range56582-56586
FR Document2017-25768

The Department of Commerce (the Department) determines that countervailable subsidies are being provided to producers and exporters of certain tool chests and cabinets (tool chests) from the People's Republic of China (PRC). The period of investigation is January 1, 2016, through December 31, 2016. For information on the estimated subsidy rates, see the ``Final Determination'' section of this notice.

Federal Register, Volume 82 Issue 228 (Wednesday, November 29, 2017)
[Federal Register Volume 82, Number 228 (Wednesday, November 29, 2017)]
[Notices]
[Pages 56582-56586]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25768]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-057]


Certain Tool Chests and Cabinets From the People's Republic of 
China: Final Affirmative Countervailing Duty Determination

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

SUMMARY: The Department of Commerce (the Department) determines that 
countervailable subsidies are being provided to producers and exporters 
of certain tool chests and cabinets (tool chests) from the People's 
Republic of China (PRC). The period of investigation is January 1, 
2016, through December 31, 2016. For information on the estimated 
subsidy rates, see the ``Final Determination'' section of this notice.

DATES: Applicable November 29, 2017.

FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Thomas Schauer, AD/
CVD Operations, Office I, Enforcement and Compliance, International 
Trade Administration, U.S. Department of

[[Page 56583]]

Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone 
(202) 482-3477 or (202) 482-0410, respectively.

Background

    The Department published its affirmative Preliminary Determination 
on September 15, 2017.\1\ A summary of the events that occurred since 
the publication of the Preliminary Determination, as well as a full 
discussion of the issues raised by parties for this final 
determination, may be found in the Issues and Decision Memorandum.\2\ 
The Issues and Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty (CVD) Centralized Electronic Service System 
(ACCESS). ACCESS is available to registered users at http://access.trade.gov, and is available to all parties in the Central 
Records Unit, Room B8024 of the main Department of Commerce building. 
In addition, a complete version of the Issues and Decision Memorandum 
can be accessed directly at http://enforcement.trade.gov/frn/. The 
signed Issues and Decision Memorandum and the electronic version are 
identical in content.
---------------------------------------------------------------------------

    \1\ See Certain Tool Chests and Cabinets from the People's 
Republic of China: Preliminary Affirmative Countervailing Duty 
Determination, 82 FR 43331 (September 15, 2017) (Preliminary 
Determination) and accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Determination: Countervailing Duty Investigation of Certain 
Tool Chests and Cabinets from the People's Republic of China,'' 
dated concurrently with, and hereby adopted by, this notice (Issues 
and Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

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

Scope Comments

    Since the Preliminary Determination, the Department received 
comments on the scope of this investigation from interested parties in 
this proceeding. See Issues and Decision Memorandum for further 
details. The scope in Appendix I reflects the final scope language.

Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation and the issues raised in 
the case and rebuttal briefs submitted by interested parties in this 
proceeding are discussed in the Issues and Decision Memorandum. A list 
of the issues raised by parties, and to which we responded in the 
Issues and Decision Memorandum, is attached to this notice at Appendix 
II.

Verification

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(the Act), in September 2017, the Department verified the subsidy 
information reported by the Government of China (GOC) and the 
respondents. We used standard verification procedures, including an 
examination of relevant accounting and production records, and original 
source documents provided by the GOC and the respondents.\3\
---------------------------------------------------------------------------

    \3\ See Memorandum to the File, ``Verification of the 
Questionnaire Responses Submitted by Jiangsu Tongrun Equipment 
Technology Ltd.,'' dated October 10, 2017; Memorandum to the File, 
``Verification Report: Zhongshan Geelong Manufacturing Co. Ltd.,'' 
dated October 10, 2017; and Memorandum to the File, ``Verification 
Report: the Government of the People's Republic of China,'' dated 
October 10, 2017.
---------------------------------------------------------------------------

Use of Adverse Facts Available

    In making this final determination, the Department relied, in part, 
on facts available. As discussed in the Issues and Decision Memorandum, 
because the GOC and companies that did not respond to our quantity-and-
value questionnaire did not act to the best of their abilities in 
responding to the Department's requests for information, we drew an 
adverse inference where appropriate in selecting from among the facts 
otherwise available, pursuant to section 776(a) and (b) of the Act.\4\ 
For further information, see the section ``Use of Facts Otherwise 
Available and Adverse Inferences'' in the accompanying Issues and 
Decision Memorandum.
---------------------------------------------------------------------------

    \4\ See Issues and Decision Memorandum at ``USE OF FACTS 
OTHERWISE AVAILABLE AND ADVERSE INFERENCES'' section.
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    Based on our analysis of the information requested and received 
from the GOC and the company respondents since the Preliminary 
Determination, the results of verification, and the comments received 
from parties, we made certain changes to the subsidy rate calculations 
since the Preliminary Determination. For a discussion of these changes, 
see the Issues and Decision Memorandum.

All-Others Rate

    In accordance with section 705(c)(1)(B)(i)(I) of the Act, we 
calculated a CVD rate for each individually-investigated producer/
exporter of the subject merchandise. Consistent with section 
705(c)(5)(A)(i) of the Act, we calculated an estimated ``all-others'' 
rate for exporters/producers not individually examined. Section 
705(c)(5)(A)(i) of the Act provides that the ``all-others'' rate shall 
be an amount equal to the weighted-average of the countervailable 
subsidy rates established for individually investigated exporters/
producers, excluding any rates that are zero or de minimis or any rates 
determined entirely under section 776 of the Act. Neither of the 
mandatory respondents' rates in this final determination was zero or de 
minimis or based entirely on facts otherwise available. Accordingly, in 
order to ensure that business proprietary information is not disclosed, 
we calculated the all-others rate using a weighted average of the 
individual countervailable subsidy rates calculated for the examined 
respondents using each company's publicly-ranged values for the 
merchandise under consideration.\5\
---------------------------------------------------------------------------

    \5\ See Memorandum to the File, ``Calculation of the All-Others 
Rate,'' dated concurrently with this final determination.
---------------------------------------------------------------------------

Final Determination

    We determine the total estimated countervailable subsidy rates to 
be: \6\
---------------------------------------------------------------------------

    \6\ As discussed in the Issues and Decision Memorandum, the 
Department found the following companies to be cross-owned with 
Jiangsu Tongrun Equipment Technology Co., Ltd.: Changshu Jack 
Factory, Changshu Tongrun Taron Import and Export Co., Ltd., (also 
known as Changshu Tongrun Equipment Co., Ltd.), Changshu Tongrun 
Mechanical & Electrical Equipment Manufacture Co., Ltd., Changshu 
Taron Machinery Equipment Manufacturing Co., Ltd., and Changshu 
General Electrical Factory Co., Ltd.

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
Jiangsu Tongrun Equipment Technology Co., Ltd...........           15.09
Zhongshan Geelong Manufacturing Co., Ltd................           14.03
Allround Hardware Co., Ltd..............................           95.96

[[Page 56584]]

 
Beijing Kang Jie Kong International Cargo Agent Co., Ltd           95.96
Changshu Zhongcheng Tool Box Co., Ltd...................           14.39
Changzhou City Hongfei Metalwork Corporation............           95.96
Changzhou Machan Steel Furniture Co., Ltd...............           14.39
China National Electronics Import and Export Ningbo Co..           95.96
Foshan Lishida Metal Products Co., Ltd..................           95.96
Gem-Year Industrial Co., Ltd............................           95.96
Guangdong Hisense Home Appliances Co., Ltd..............           14.39
Guerjie Enterprise Co., Ltd.............................           95.96
Haiyan Dingfeng Fasteners Ltd...........................           95.96
Hangzhou Xiaoshan Import and Export Trading Co., Ltd....           95.96
Hyxion Metal Industry...................................           14.39
Jiaxing Pinyou Import & Export Co., Ltd.................           95.96
Jin Rong Hua Le Metal Manufactures Co., Ltd.............           14.39
Jinhua JG Tools Manufacturing Co........................           14.39
Jinhua Yahu Tools Co., Ltd..............................           14.39
Keesung Manufacturing Co., Ltd..........................           14.39
Kingstar Tools Co., Ltd.................................           95.96
Liyang Flying Industry Co., Ltd.........................           95.96
Meridian International Co., Ltd.........................           14.39
Ningbo Better Design Industry Co., Ltd..................           95.96
Ningbo Hualei Tool Co., Ltd.............................           95.96
Ningbo Jiufeng Electronic Tools.........................           95.96
Ningbo Safewell International Holding Corp..............           14.39
Ningbo Xiunan International Co., Ltd....................           95.96
Pinghu Chenda Storage Office Equipment Co., Ltd.........           14.39
Pooke Technology Co., Ltd...............................           14.39
Shanghai All[hyphen]Fast International Trade Co., Ltd...           14.39
Shanghai All[hyphen]Hop Industry Co., Ltd...............           14.39
Shanghai Delta International Trading....................           95.96
Shanghai Fairlong International Trading Co., Ltd........           95.96
Shanghai ITPC Hardware Co., Ltd.........................           14.39
Shanghai Legsteel Metal Products Co., Ltd...............           95.96
Shanghai Tung Hsing Technology Inc......................           95.96
Shining Golden Yida Welding & Cutting Machinery                    95.96
 Manufacture Ltd........................................
Suzhou Aomeijia Metallic Products Co., Ltd..............           95.96
Suzhou Goldenline Machinery Co., Ltd....................           95.96
Suzhou Xindadi Hardware Co., Ltd........................           14.39
Taixing Hutchin Mfg. Co., Ltd...........................           14.39
Tong Ming Enterprise (Jiaxing) Co., Ltd.................           95.96
Trantex Product (Zhong Shan) Co., Ltd...................           14.39
Wuyi Yunlin Steel Products Co., Ltd.....................           95.96
Yangzhou Huayu Pipe Fitting Co., Ltd....................           95.96
Yangzhou Triple Harvest Power Tools Limited.............           14.39
Zhangjiagang Houfeng Machinery Co., Ltd.................           95.96
Zhejiang KC Mechanical & Electrical.....................           95.96
Zhejiang Zhenglian Corp.................................           95.96
Zhuhai Shichang Metals Ltd..............................           95.96
All-Others..............................................           14.39
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed to interested 
parties within five days of the public announcement of this final 
determination in accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 703(d) of the Act, we will instruct U.S. 
Customs and Border Protection (CBP) to continue to suspend liquidation 
of all appropriate entries of tool chests from the PRC, as described in 
Appendix I of this notice, which were entered, or withdrawn from 
warehouse, for consumption on or after September 15, 2017, the date of 
the publication of the Preliminary Determination in the Federal 
Register. Furthermore, we will instruct CBP to require a cash deposit 
for such entries of merchandise in the amounts indicated above, 
pursuant to section 705(c)(1)(B)(ii) of the Act.

U.S. International Trade Commission (ITC) Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our final affirmative CVD determination. In addition, we are 
making available to the ITC all non-privileged and non-proprietary 
information relating to this investigation. We will allow the ITC 
access to all privileged and business proprietary information in our 
files, provided the ITC confirms that it will not disclose such 
information, either publicly or under an administrative protective 
order (APO), without the written consent of the Assistant Secretary for 
Enforcement and Compliance.
    If the ITC determines that material injury, or threat of material 
injury, does not exist, this proceeding will be terminated and all cash 
deposits will be refunded. If the ITC determines that such injury does 
exist, we will issue a CVD order directing CBP to assess, upon further 
instruction by the Department, CVDs on all imports of the subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the effective date of the suspension of liquidation, as discussed 
above in the

[[Page 56585]]

``Continuation of Suspension of Liquidation'' section.

Notification Regarding Administrative Protective Orders (APOs)

    In the event that the ITC issues a final negative injury 
determination, this notice will serve as the only reminder to parties 
subject to an APO of their responsibility concerning the destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation that is subject to sanction.
    This determination is issued and published pursuant to sections 
705(d) and 777(i) of the Act.

    Dated: November 22, 2017.
Carole Showers,
Executive Director, Office of Policy performing the duties of the 
Deputy 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) and 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 the PRC or 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 the 
PRC or Vietnam that are 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;
    (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:

------------------------------------------------------------------------
     Weight to width ratio tool chests       Weight to width ratio tool
-------------------------------------------           cabinets
                                           -----------------------------
             Inches               Maximum                        Maximum
                                   pounds         Inches         pounds
------------------------------------------------------------------------
21> <=25.......................        90   21> <=25..........       155
25> <=28.......................       115   25> <=28..........       170
28> <=30.......................       120   28> <=30..........       185
30> <=32.......................       130   30> <=32..........       200
32> <=34.......................       140   32> <=34..........       215
34> <=36.......................       150   34> <=36..........       230
36> <=38.......................       160   36> <=38..........       245
38> <=40.......................       170   38> <=40..........       260
40> <=42.......................       180   40> <=42..........       280
42> <=44.......................       190   42> <=44..........       290
44> <=46.......................       200   44> <=46..........       300
46> <=48.......................       210   46> <=48..........       310
48> <=50.......................       220   48> <=50..........       320
50> <=52.......................       230   50> <=52..........       330
52> <=54.......................       240   52> <=54..........       340
54> <=56.......................       250   54> <=56..........       350
56> <=58.......................       260   56> <=58..........       360
58> <=60.......................       270   58> <=60..........       370
------------------------------------------------------------------------

    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) an open top for storage, 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 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.

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary

[[Page 56586]]

II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Application of the Countervailing Duty Law to Imports from the 
PRC
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Subsidies Valuation
VIII. Benchmarks and Interest Rates
IX. Analysis of Programs
X. Analysis of Comments
    Comment 1: Whether to Countervail Steel Inputs Not Purchased in 
Coils
    Comment 2: Whether Certain Steel Producers Are Authorities
    Comment 3: Whether Steel Suppliers That Are Trading Companies 
Are Authorities
    Comment 4: Whether the Provision of Steel Coils is Specific
    Comment 5: Whether to Use Certain Sources as Benchmarks for 
Steel Inputs
    Comment 6: What to Use as Benchmark for Certain of Geelong's 
Steel Purchases
    Comment 7: Whether to Use a Certain Source as a Benchmark for 
Ocean Freight
    Comment 8: Whether to Countervail Export Buyer's Credits
    Comment 9: Whether to Apply Adverse Facts Available With Respect 
to the Government of China's Response Regarding Electricity
    Comment 10: Whether the Department's Selection of Electricity 
Rates Was Proper
    Comment 11: Whether to Countervail Certain Tongrun ``Other 
Subsidies''
XI. Recommendation

[FR Doc. 2017-25768 Filed 11-28-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                56582                   Federal Register / Vol. 82, No. 228 / Wednesday, November 29, 2017 / Notices

                                                responsibilities as part of the U.S.                       (6) Require advance notification and               on December 29, 2017. The Department
                                                implementation of the CWC, the                          annual reporting of all imports and                   will consider all comments received
                                                Department of Defense (DOD) was                         exports of ‘‘Schedule 1’’ chemicals to, or            before the close of the comment period.
                                                assigned the responsibility to operate                  from, other States Parties to the                     Comments received after the end of the
                                                these two facilities. Although this                     Convention (15 CFR 712.6, 742.18(a)(1)                comment period may not be considered.
                                                assignment of responsibility to DOD                     and 745.1); and                                       The Department will not accept
                                                under PDD–70 effectively precluded                         (7) Prohibit the export of ‘‘Schedule              comments accompanied by a request
                                                commercial production of ‘‘Schedule 1’’                 1’’ chemicals to States not Party to the              that a part or all of the material be
                                                chemicals for protective purposes in the                Convention (15 CFR 742.18(a)(1) and                   treated confidentially because of its
                                                United States, it did not establish any                 (b)(1)(ii)).                                          business proprietary nature or for any
                                                limitations on ‘‘Schedule 1’’ chemical                     For purposes of the CWCR (see 15                   other reason. The Department will
                                                activities that are not prohibited by the               CFR 710.1), ‘‘production of a Schedule                return such comments and materials to
                                                CWC. However, DOD does maintain                         1 chemical’’ means the formation of                   the persons submitting the comments
                                                strict controls on ‘‘Schedule 1’’                       ‘‘Schedule 1’’ chemicals through                      and will not consider them. All
                                                chemicals produced at its facilities in                 chemical synthesis, as well as                        comments submitted in response to this
                                                order to ensure accountability for such                 processing to extract and isolate                     notice will be a matter of public record
                                                chemicals, as well as their proper use,                 ‘‘Schedule 1’’ chemicals produced                     and will be available for public
                                                consistent with the object and purpose                  biologically. Such production is                      inspection and copying.
                                                of the Convention.                                      understood, for CWCR declaration                         The Office of Administration, Bureau
                                                   The provisions of the CWC that affect                purposes, to include intermediates, by-               of Industry and Security, U.S.
                                                commercial activities involving                         products, or waste products that are                  Department of Commerce, displays
                                                ‘‘Schedule 1’’ chemicals are                            produced and consumed within a                        public comments on the BIS Freedom of
                                                implemented in the CWCR (see 15 CFR                     defined chemical manufacturing                        Information Act (FOIA) Web site at
                                                712) and in the Export Administration                   sequence, where such intermediates, by-               http://www.bis.doc.gov/foia. This office
                                                Regulations (EAR) (see 15 CFR 742.18                    products, or waste products are                       does not maintain a separate public
                                                and 15 CFR 745), both of which are                      chemically stable and therefore exist for             inspection facility. If you have technical
                                                administered by the Bureau of Industry                  a sufficient time to make isolation from              difficulties accessing this Web site,
                                                and Security (BIS). Pursuant to CWC                     the manufacturing stream possible, but                please call BIS’s Office of
                                                requirements, the CWCR restrict                         where, under normal or design                         Administration, at (202) 482–1093, for
                                                commercial production of ‘‘Schedule 1’’                 operating conditions, isolation does not              assistance.
                                                chemicals to research, medical, or                      occur.
                                                                                                                                                                Dated: November 22, 2017.
                                                pharmaceutical purposes (the CWCR                       Request for Comments                                  Matthew S. Borman,
                                                prohibit commercial production of                          In order to assist in determining                  Deputy Assistant Secretary for Export
                                                ‘‘Schedule 1’’ chemicals for ‘‘protective               whether the legitimate commercial                     Administration.
                                                purposes’’ because such production is                   activities and interests of chemical,                 [FR Doc. 2017–25742 Filed 11–28–17; 8:45 am]
                                                effectively precluded per PDD–70, as                    biotechnology, and pharmaceutical                     BILLING CODE 3510–33–P
                                                described above—see 15 CFR 712.2(a)).                   firms in the United States are
                                                The CWCR also contain other                             significantly harmed by the limitations
                                                requirements and prohibitions that                      of the Convention on access to, and                   DEPARTMENT OF COMMERCE
                                                apply to ‘‘Schedule 1’’ chemicals and/or                production of, ‘‘Schedule 1’’ chemicals
                                                ‘‘Schedule 1’’ facilities. Specifically, the            as described in this notice, BIS is                   International Trade Administration
                                                CWCR:                                                   seeking public comments on any effects                [C–570–057]
                                                   (1) Prohibit the import of ‘‘Schedule                that implementation of the Chemical
                                                1’’ chemicals from States not Party to                  Weapons Convention, through the                       Certain Tool Chests and Cabinets
                                                the Convention (15 CFR 712.2(b));                       Chemical Weapons Convention                           From the People’s Republic of China:
                                                   (2) Require annual declarations by                   Implementation Act and the Chemical                   Final Affirmative Countervailing Duty
                                                certain facilities engaged in the                       Weapons Convention Regulations, has                   Determination
                                                production of ‘‘Schedule 1’’ chemicals                  had on commercial activities involving
                                                in excess of 100 grams aggregate per                                                                          AGENCY:   Enforcement and Compliance,
                                                                                                        ‘‘Schedule 1’’ chemicals during calendar              International Trade Administration,
                                                calendar year (i.e., declared ‘‘Schedule                year 2017. To allow BIS to properly
                                                1’’ facilities) for purposes not prohibited                                                                   Department of Commerce.
                                                                                                        evaluate the significance of any harm to
                                                by the Convention (15 CFR 712.5(a)(1)                                                                         SUMMARY: The Department of Commerce
                                                                                                        commercial activities involving
                                                and (a)(2));                                                                                                  (the Department) determines that
                                                                                                        ‘‘Schedule 1’’ chemicals, public
                                                   (3) Provide for government approval                                                                        countervailable subsidies are being
                                                                                                        comments submitted in response to this
                                                of ‘‘declared Schedule 1’’ facilities (15                                                                     provided to producers and exporters of
                                                                                                        notice of inquiry should include both a
                                                CFR 712.5(f));                                                                                                certain tool chests and cabinets (tool
                                                                                                        quantitative and qualitative assessment
                                                   (4) Provide that ‘‘declared Schedule                                                                       chests) from the People’s Republic of
                                                                                                        of the impact of the CWC on such
                                                1’’ facilities are subject to initial and                                                                     China (PRC). The period of investigation
                                                                                                        activities.
                                                routine inspection by the Organization                                                                        is January 1, 2016, through December
                                                for the Prohibition of Chemical                         Submission of Comments                                31, 2016. For information on the
pmangrum on DSK3GDR082PROD with NOTICES1




                                                Weapons (15 CFR 712.5(e) and                               All comments must be submitted to                  estimated subsidy rates, see the ‘‘Final
                                                716.1(b)(1));                                           one of the addresses indicated in this                Determination’’ section of this notice.
                                                   (5) Require 200 days advance                         notice. The Department requires that all              DATES: Applicable November 29, 2017.
                                                notification of establishment of new                    comments be submitted in written form.                FOR FURTHER INFORMATION CONTACT:
                                                ‘‘Schedule 1’’ production facilities                       The Department encourages interested               Hermes Pinilla or Thomas Schauer, AD/
                                                producing greater than 100 grams                        persons who wish to comment to do so                  CVD Operations, Office I, Enforcement
                                                aggregate of ‘‘Schedule 1’’ chemicals per               at the earliest possible time. The period             and Compliance, International Trade
                                                calendar year (15 CFR 712.4);                           for submission of comments will close                 Administration, U.S. Department of


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                                                                                Federal Register / Vol. 82, No. 228 / Wednesday, November 29, 2017 / Notices                                                                                        56583

                                                Commerce, 1401 Constitution Avenue                                      Analysis of Subsidy Programs and                                        from the GOC and the company
                                                NW., Washington, DC 20230; telephone                                    Comments Received                                                       respondents since the Preliminary
                                                (202) 482–3477 or (202) 482–0410,                                          The subsidy programs under                                           Determination, the results of
                                                respectively.                                                           investigation and the issues raised in                                  verification, and the comments received
                                                Background                                                              the case and rebuttal briefs submitted by                               from parties, we made certain changes
                                                                                                                        interested parties in this proceeding are                               to the subsidy rate calculations since the
                                                   The Department published its                                                                                                                 Preliminary Determination. For a
                                                                                                                        discussed in the Issues and Decision
                                                affirmative Preliminary Determination
                                                                                                                        Memorandum. A list of the issues raised                                 discussion of these changes, see the
                                                on September 15, 2017.1 A summary of                                    by parties, and to which we responded                                   Issues and Decision Memorandum.
                                                the events that occurred since the                                      in the Issues and Decision
                                                publication of the Preliminary                                          Memorandum, is attached to this notice                                  All-Others Rate
                                                Determination, as well as a full                                        at Appendix II.
                                                discussion of the issues raised by parties                                                                                                         In accordance with section
                                                for this final determination, may be                                    Verification                                                            705(c)(1)(B)(i)(I) of the Act, we
                                                found in the Issues and Decision                                          As provided in section 782(i) of the                                  calculated a CVD rate for each
                                                Memorandum.2 The Issues and Decision                                    Tariff Act of 1930, as amended (the Act),                               individually-investigated producer/
                                                Memorandum is a public document and                                     in September 2017, the Department                                       exporter of the subject merchandise.
                                                is on file electronically via Enforcement                               verified the subsidy information                                        Consistent with section 705(c)(5)(A)(i)
                                                and Compliance’s Antidumping and                                        reported by the Government of China                                     of the Act, we calculated an estimated
                                                Countervailing Duty (CVD) Centralized                                   (GOC) and the respondents. We used                                      ‘‘all-others’’ rate for exporters/producers
                                                Electronic Service System (ACCESS).                                     standard verification procedures,                                       not individually examined. Section
                                                ACCESS is available to registered users                                 including an examination of relevant                                    705(c)(5)(A)(i) of the Act provides that
                                                at http://access.trade.gov, and is                                      accounting and production records, and                                  the ‘‘all-others’’ rate shall be an amount
                                                available to all parties in the Central                                 original source documents provided by                                   equal to the weighted-average of the
                                                Records Unit, Room B8024 of the main                                    the GOC and the respondents.3                                           countervailable subsidy rates
                                                Department of Commerce building. In                                                                                                             established for individually investigated
                                                addition, a complete version of the                                     Use of Adverse Facts Available
                                                                                                                                                                                                exporters/producers, excluding any
                                                Issues and Decision Memorandum can                                         In making this final determination,
                                                                                                                                                                                                rates that are zero or de minimis or any
                                                be accessed directly at http://                                         the Department relied, in part, on facts
                                                                                                                        available. As discussed in the Issues and                               rates determined entirely under section
                                                enforcement.trade.gov/frn/. The signed
                                                                                                                        Decision Memorandum, because the                                        776 of the Act. Neither of the mandatory
                                                Issues and Decision Memorandum and
                                                                                                                        GOC and companies that did not                                          respondents’ rates in this final
                                                the electronic version are identical in
                                                content.                                                                respond to our quantity-and-value                                       determination was zero or de minimis or
                                                                                                                        questionnaire did not act to the best of                                based entirely on facts otherwise
                                                Scope of the Investigation                                              their abilities in responding to the                                    available. Accordingly, in order to
                                                   The products covered by this                                         Department’s requests for information,                                  ensure that business proprietary
                                                investigation are tool chests from the                                  we drew an adverse inference where                                      information is not disclosed, we
                                                PRC. For a complete description of the                                  appropriate in selecting from among the                                 calculated the all-others rate using a
                                                scope of the investigation, see Appendix                                facts otherwise available, pursuant to                                  weighted average of the individual
                                                I to this notice.                                                       section 776(a) and (b) of the Act.4 For                                 countervailable subsidy rates calculated
                                                                                                                        further information, see the section                                    for the examined respondents using
                                                Scope Comments
                                                                                                                        ‘‘Use of Facts Otherwise Available and                                  each company’s publicly-ranged values
                                                  Since the Preliminary Determination,                                  Adverse Inferences’’ in the                                             for the merchandise under
                                                the Department received comments on                                     accompanying Issues and Decision                                        consideration.5
                                                the scope of this investigation from                                    Memorandum.
                                                interested parties in this proceeding.                                                                                                          Final Determination
                                                See Issues and Decision Memorandum                                      Changes Since the Preliminary
                                                for further details. The scope in                                       Determination                                                             We determine the total estimated
                                                Appendix I reflects the final scope                                       Based on our analysis of the                                          countervailable subsidy rates to be: 6
                                                language.                                                               information requested and received

                                                                                                                                                                                                                                               Subsidy rate
                                                                                                                                      Company                                                                                                   (percent)

                                                Jiangsu Tongrun Equipment Technology Co., Ltd ..............................................................................................................................                          15.09
                                                Zhongshan Geelong Manufacturing Co., Ltd ......................................................................................................................................                       14.03
                                                Allround Hardware Co., Ltd .................................................................................................................................................................          95.96

                                                  1 See Certain Tool Chests and Cabinets from the                          3 See Memorandum to the File, ‘‘Verification of                         5 See Memorandum to the File, ‘‘Calculation of

                                                People’s Republic of China: Preliminary Affirmative                     the Questionnaire Responses Submitted by Jiangsu                        the All-Others Rate,’’ dated concurrently with this
                                                Countervailing Duty Determination, 82 FR 43331                          Tongrun Equipment Technology Ltd.,’’ dated                              final determination.
                                                                                                                                                                                                   6 As discussed in the Issues and Decision
                                                (September 15, 2017) (Preliminary Determination)                        October 10, 2017; Memorandum to the File,
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                                                and accompanying Preliminary Decision                                   ‘‘Verification Report: Zhongshan Geelong                                Memorandum, the Department found the following
                                                Memorandum.                                                             Manufacturing Co. Ltd.,’’ dated October 10, 2017;                       companies to be cross-owned with Jiangsu Tongrun
                                                                                                                                                                                                Equipment Technology Co., Ltd.: Changshu Jack
                                                  2 See Memorandum, ‘‘Issues and Decision                               and Memorandum to the File, ‘‘Verification Report:
                                                                                                                                                                                                Factory, Changshu Tongrun Taron Import and
                                                Memorandum for the Final Determination:                                 the Government of the People’s Republic of China,’’                     Export Co., Ltd., (also known as Changshu Tongrun
                                                Countervailing Duty Investigation of Certain Tool                       dated October 10, 2017.                                                 Equipment Co., Ltd.), Changshu Tongrun
                                                Chests and Cabinets from the People’s Republic of                          4 See Issues and Decision Memorandum at ‘‘USE
                                                                                                                                                                                                Mechanical & Electrical Equipment Manufacture
                                                China,’’ dated concurrently with, and hereby                            OF FACTS OTHERWISE AVAILABLE AND                                        Co., Ltd., Changshu Taron Machinery Equipment
                                                adopted by, this notice (Issues and Decision                            ADVERSE INFERENCES’’ section.                                           Manufacturing Co., Ltd., and Changshu General
                                                Memorandum).                                                                                                                                    Electrical Factory Co., Ltd.



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                                                56584                             Federal Register / Vol. 82, No. 228 / Wednesday, November 29, 2017 / Notices

                                                                                                                                                                                                                                                           Subsidy rate
                                                                                                                                            Company                                                                                                         (percent)

                                                Beijing Kang Jie Kong International Cargo Agent Co., Ltd .................................................................................................................                                        95.96
                                                Changshu Zhongcheng Tool Box Co., Ltd ..........................................................................................................................................                                  14.39
                                                Changzhou City Hongfei Metalwork Corporation ................................................................................................................................                                     95.96
                                                Changzhou Machan Steel Furniture Co., Ltd ......................................................................................................................................                                  14.39
                                                China National Electronics Import and Export Ningbo Co ..................................................................................................................                                         95.96
                                                Foshan Lishida Metal Products Co., Ltd .............................................................................................................................................                              95.96
                                                Gem-Year Industrial Co., Ltd ...............................................................................................................................................................                      95.96
                                                Guangdong Hisense Home Appliances Co., Ltd ................................................................................................................................                                       14.39
                                                Guerjie Enterprise Co., Ltd ..................................................................................................................................................................                    95.96
                                                Haiyan Dingfeng Fasteners Ltd ...........................................................................................................................................................                         95.96
                                                Hangzhou Xiaoshan Import and Export Trading Co., Ltd ...................................................................................................................                                          95.96
                                                Hyxion Metal Industry ..........................................................................................................................................................................                  14.39
                                                Jiaxing Pinyou Import & Export Co., Ltd .............................................................................................................................................                             95.96
                                                Jin Rong Hua Le Metal Manufactures Co., Ltd ...................................................................................................................................                                   14.39
                                                Jinhua JG Tools Manufacturing Co .....................................................................................................................................................                            14.39
                                                Jinhua Yahu Tools Co., Ltd .................................................................................................................................................................                      14.39
                                                Keesung Manufacturing Co., Ltd .........................................................................................................................................................                          14.39
                                                Kingstar Tools Co., Ltd ........................................................................................................................................................................                  95.96
                                                Liyang Flying Industry Co., Ltd ............................................................................................................................................................                      95.96
                                                Meridian International Co., Ltd ............................................................................................................................................................                      14.39
                                                Ningbo Better Design Industry Co., Ltd ..............................................................................................................................................                             95.96
                                                Ningbo Hualei Tool Co., Ltd ................................................................................................................................................................                      95.96
                                                Ningbo Jiufeng Electronic Tools ..........................................................................................................................................................                        95.96
                                                Ningbo Safewell International Holding Corp .......................................................................................................................................                                14.39
                                                Ningbo Xiunan International Co., Ltd ..................................................................................................................................................                           95.96
                                                Pinghu Chenda Storage Office Equipment Co., Ltd ...........................................................................................................................                                       14.39
                                                Pooke Technology Co., Ltd .................................................................................................................................................................                       14.39
                                                Shanghai All-Fast International Trade Co., Ltd ...................................................................................................................................                                14.39
                                                Shanghai All-Hop Industry Co., Ltd .....................................................................................................................................................                          14.39
                                                Shanghai Delta International Trading ..................................................................................................................................................                           95.96
                                                Shanghai Fairlong International Trading Co., Ltd ...............................................................................................................................                                  95.96
                                                Shanghai ITPC Hardware Co., Ltd ......................................................................................................................................................                            14.39
                                                Shanghai Legsteel Metal Products Co., Ltd ........................................................................................................................................                                95.96
                                                Shanghai Tung Hsing Technology Inc ................................................................................................................................................                               95.96
                                                Shining Golden Yida Welding & Cutting Machinery Manufacture Ltd ................................................................................................                                                  95.96
                                                Suzhou Aomeijia Metallic Products Co., Ltd .......................................................................................................................................                                95.96
                                                Suzhou Goldenline Machinery Co., Ltd ...............................................................................................................................................                              95.96
                                                Suzhou Xindadi Hardware Co., Ltd .....................................................................................................................................................                            14.39
                                                Taixing Hutchin Mfg. Co., Ltd ..............................................................................................................................................................                      14.39
                                                Tong Ming Enterprise (Jiaxing) Co., Ltd .............................................................................................................................................                             95.96
                                                Trantex Product (Zhong Shan) Co., Ltd ..............................................................................................................................................                              14.39
                                                Wuyi Yunlin Steel Products Co., Ltd ...................................................................................................................................................                           95.96
                                                Yangzhou Huayu Pipe Fitting Co., Ltd ................................................................................................................................................                             95.96
                                                Yangzhou Triple Harvest Power Tools Limited ...................................................................................................................................                                   14.39
                                                Zhangjiagang Houfeng Machinery Co., Ltd .........................................................................................................................................                                 95.96
                                                Zhejiang KC Mechanical & Electrical ..................................................................................................................................................                            95.96
                                                Zhejiang Zhenglian Corp .....................................................................................................................................................................                     95.96
                                                Zhuhai Shichang Metals Ltd ................................................................................................................................................................                       95.96
                                                All-Others .............................................................................................................................................................................................          14.39



                                                Disclosure                                                                  Determination in the Federal Register.                                       not disclose such information, either
                                                   We intend to disclose the calculations                                   Furthermore, we will instruct CBP to                                         publicly or under an administrative
                                                performed to interested parties within                                      require a cash deposit for such entries                                      protective order (APO), without the
                                                five days of the public announcement of                                     of merchandise in the amounts                                                written consent of the Assistant
                                                this final determination in accordance                                      indicated above, pursuant to section                                         Secretary for Enforcement and
                                                with 19 CFR 351.224(b).                                                     705(c)(1)(B)(ii) of the Act.                                                 Compliance.
                                                                                                                                                                                                            If the ITC determines that material
                                                Continuation of Suspension of                                               U.S. International Trade Commission
                                                                                                                                                                                                         injury, or threat of material injury, does
                                                Liquidation                                                                 (ITC) Notification
                                                                                                                                                                                                         not exist, this proceeding will be
                                                  In accordance with section 703(d) of                                         In accordance with section 705(d) of                                      terminated and all cash deposits will be
                                                the Act, we will instruct U.S. Customs                                      the Act, we will notify the ITC of our                                       refunded. If the ITC determines that
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                                                and Border Protection (CBP) to continue                                     final affirmative CVD determination. In                                      such injury does exist, we will issue a
                                                to suspend liquidation of all appropriate                                   addition, we are making available to the                                     CVD order directing CBP to assess, upon
                                                entries of tool chests from the PRC, as                                     ITC all non-privileged and non-                                              further instruction by the Department,
                                                described in Appendix I of this notice,                                     proprietary information relating to this                                     CVDs on all imports of the subject
                                                which were entered, or withdrawn from                                       investigation. We will allow the ITC                                         merchandise entered, or withdrawn
                                                warehouse, for consumption on or after                                      access to all privileged and business                                        from warehouse, for consumption on or
                                                September 15, 2017, the date of the                                         proprietary information in our files,                                        after the effective date of the suspension
                                                publication of the Preliminary                                              provided the ITC confirms that it will                                       of liquidation, as discussed above in the


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                                                                        Federal Register / Vol. 82, No. 228 / Wednesday, November 29, 2017 / Notices                                                                 56585

                                                ‘‘Continuation of Suspension of                         States. Similarly, it would include tool chests         (a) A body made of steel that is 0.047
                                                Liquidation’’ section.                                  and cabinets produced in the PRC or Vietnam           inches or more in thickness;
                                                                                                        that are assembled, prepackaged for retail              (b) a body depth (front to back) exceeding
                                                Notification Regarding Administrative                   sale, or subject to other minor processing            21 inches; and
                                                Protective Orders (APOs)                                after importation into the United States.               (c) a unit weight that exceeds the
                                                                                                           Subject tool chests and cabinets may also          maximum unit weight shown below for each
                                                  In the event that the ITC issues a final              have doors and shelves in addition to                 width range:
                                                negative injury determination, this                     drawers, may have handles (typically
                                                notice will serve as the only reminder                  mounted on the sides), and may have a work              Weight to width ratio          Weight to width ratio
                                                to parties subject to an APO of their                   surface on the top. Subject tool chests and                 tool chests                   tool cabinets
                                                responsibility concerning the                           cabinets may be uncoated (e.g., stainless                                      Max-                            Max-
                                                destruction of proprietary information                  steel), painted, powder coated, galvanized, or              Inches            imum       Inches               imum
                                                                                                        otherwise coated for corrosion protection or                                 pounds                          pounds
                                                disclosed under APO in accordance
                                                with 19 CFR 351.305(a)(3). Timely                       aesthetic appearance.
                                                                                                                                                              21>   ≤25   ........       90   21>   ≤25   ........      155
                                                                                                           Subject tool chests and cabinets may be                  ≤28                             ≤28
                                                written notification of the return/                     packaged as individual units or in sets. When
                                                                                                                                                              25>         ........      115   25>         ........      170
                                                                                                                                                              28>   ≤30   ........      120   28>   ≤30   ........      185
                                                destruction of APO materials or                         packaged in sets, they typically include a            30>   ≤32   ........      130   30>   ≤32   ........      200
                                                conversion to judicial protective order is              cabinet with one or more chests that stack on         32>   ≤34   ........      140   32>   ≤34   ........      215
                                                hereby requested. Failure to comply                     top of the cabinet. Tool cabinets act as a base       34>   ≤36   ........      150   34>   ≤36   ........      230
                                                with the regulations and terms of an                    tool storage unit and typically have rollers,         36>   ≤38   ........      160   36>   ≤38   ........      245
                                                                                                        casters, or wheels to permit them to be               38>   ≤40   ........      170   38>   ≤40   ........      260
                                                APO is a violation that is subject to                                                                         40>   ≤42   ........      180   40>   ≤42   ........      280
                                                sanction.                                               moved more easily when loaded with tools.
                                                                                                                                                              42>   ≤44   ........      190   42>   ≤44   ........      290
                                                  This determination is issued and                      Work stations and mobile work benches are             44>   ≤46   ........      200   44>   ≤46   ........      300
                                                                                                        tool cabinets with a work surface on the top          46>   ≤48   ........      210   46>   ≤48   ........      310
                                                published pursuant to sections 705(d)
                                                                                                        that may be made of rubber, plastic, metal,           48>   ≤50   ........      220   48>   ≤50   ........      320
                                                and 777(i) of the Act.                                  wood, or other materials.                             50>   ≤52   ........      230   50>   ≤52   ........      330
                                                  Dated: November 22, 2017.                                Top chests are designed to be used with a          52>   ≤54   ........      240   52>   ≤54   ........      340
                                                                                                        tool cabinet to form a tool storage unit. The         54>   ≤56   ........      250   54>   ≤56   ........      350
                                                Carole Showers,                                                                                               56>   ≤58   ........      260   56>   ≤58   ........      360
                                                                                                        top chests may be mounted on top of the base
                                                Executive Director, Office of Policy                                                                          58>   ≤60   ........      270   58>   ≤60   ........      370
                                                                                                        tool cabinet or onto an intermediate chest.
                                                performing the duties of the Deputy Assistant
                                                                                                        They are often packaged as a set with tool
                                                Secretary for Enforcement and Compliance.                                                                        Also excluded from the scope of the
                                                                                                        cabinets or intermediate chests, but may also
                                                                                                                                                              investigation are service carts. The excluded
                                                Appendix I                                              be packaged separately. They may be
                                                                                                                                                              service carts have all of the following
                                                                                                        packaged with mounting hardware (e.g.,
                                                Scope of the Investigation                                                                                    characteristics:
                                                                                                        bolts) and instructions for assembling them              (1) Casters, wheels, or other similar devices
                                                   The scope of this investigation covers               onto the base tool cabinet or onto an                 which allow the service cart to be rolled from
                                                certain metal tool chests and tool cabinets,            intermediate tool chest which rests on the            place to place;
                                                with drawers, (tool chests and cabinets), from          base tool cabinet. Smaller top chests typically          (2) an open top for storage, a flat top or flat
                                                the People’s Republic of China (the PRC) and            have handles on the sides, while the larger           lid on top of the unit that opens;
                                                the Socialist Republic of Vietnam (Vietnam).            top chests typically lack handles.                       (3) a space or gap between the casters,
                                                The scope covers all metal tool chests and              Intermediate tool chests are designed to fit on       wheels, or other similar devices, and the
                                                cabinets, including top chests, intermediate            top of the floor standing tool cabinet and to         bottom of the enclosed storage space (e.g.,
                                                chests, tool cabinets and side cabinets,                be used underneath the top tool chest.                drawers) of at least 10 inches; and
                                                storage units, mobile work benches, and                 Although they may be packaged or used                    (4) a total unit height, including casters, of
                                                work stations and that have the following               separately from the tool cabinet, intermediate        less than 48 inches.
                                                physical characteristics:                               chests are designed to be used in conjunction            Also excluded from the scope of the
                                                   (1) A body made of carbon, alloy, or                 with tool cabinets. The intermediate chests           investigation are non-mobile work benches.
                                                stainless steel and/or other metals;                    typically do not have handles. The                    The excluded non-mobile work benches have
                                                   (2) two or more drawers for storage in each          intermediate and top chests may have the              all of the following characteristics:
                                                individual unit;                                        capability of being bolted together.                     (1) A solid top working surface;
                                                   (3) a width (side to side) exceeding 15                 Side cabinets are designed to be bolted or            (2) no drawers, one drawer, or two drawers
                                                inches for side cabinets and exceeding 21               otherwise attached to the side of the base            in a side-by-side configuration; and
                                                inches for all other individual units but not           storage cabinet to expand the storage capacity           (3) the unit is supported by legs and has
                                                exceeding 60 inches;                                    of the base tool cabinet.                             no solid front, side, or back panels enclosing
                                                   (4) a body depth (front to back) exceeding              Subject tool chests and cabinets also may          the body of the unit.
                                                10 inches but not exceeding 24 inches; and              be packaged with a tool set included.                    Also excluded from the scope of the
                                                   (5) prepackaged for retail sale.                     Packaging a subject tool chest and cabinet            investigation are metal filing cabinets that are
                                                   For purposes of this scope, the width                with a tool set does not remove an otherwise          configured to hold hanging file folders and
                                                parameter applies to each individual unit,              covered subject tool chest and cabinet from           are classified in the Harmonized Tariff
                                                i.e., each individual top chest, intermediate           the scope. When this occurs, the tools are not        Schedule of the United States (HTSUS) at
                                                top chest, tool cabinet, side cabinet, storage          part of the subject merchandise.                      subheading 9403.10.0020.
                                                unit, mobile work bench, and work station.                 All tool chests and cabinets that meet the            Merchandise subject to the investigation is
                                                   Prepackaged for retail sale means the units          above definition are included in the scope            classified under HTSUS categories
                                                may, for example, be packaged in a cardboard            unless otherwise specifically excluded.               9403.20.0021, 9403.20.0026, 9403.20.0030
                                                box, other type of container or packaging,                 Excluded from the scope of the                     and 7326.90.8688, but may also be classified
                                                and may bear a Universal Product Code,                  investigation are tool boxes, chests, and             under HTSUS category 7326.90.3500. While
                                                along with photographs, pictures, images,               cabinets with bodies made of plastic, carbon          HTSUS subheadings are provided for
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                                                features, artwork, and/or product                       fiber, wood, or other non-metallic substances.        convenience and Customs purposes, the
                                                specifications. Subject tool chests and                    Also excluded from the scope of the                written description of the scope of this
                                                cabinets are covered whether imported in                investigation are industrial grade steel tool         investigation is dispositive.
                                                assembled or unassembled form. Subject                  chests and cabinets. The excluded industrial
                                                merchandise includes tool chests and                    grade steel tool chests and cabinets are those:       Appendix II
                                                cabinets produced in the PRC or Vietnam but                (1) Having a body that is over 60 inches in
                                                assembled, prepackaged for retail sale, or              width; or                                             List of Topics Discussed in the Issues and
                                                subject to other minor processing in a third               (2) having each of the following physical          Decision Memorandum
                                                country prior to importation into the United            characteristics:                                      I. Summary



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                                                56586                    Federal Register / Vol. 82, No. 228 / Wednesday, November 29, 2017 / Notices

                                                II. Background                                          ADDRESSES:  Council address: New                      DEPARTMENT OF COMMERCE
                                                III. Scope Comments                                     England Fishery Management Council,
                                                IV. Scope of the Investigation                                                                                National Oceanic and Atmospheric
                                                                                                        50 Water Street, Mill 2, Newburyport,
                                                V. Application of the Countervailing Duty                                                                     Administration
                                                      Law to Imports from the PRC                       MA 01950.
                                                VI. Use of Facts Otherwise Available and                FOR FURTHER INFORMATION CONTACT:                      RIN 0648–XF813
                                                      Adverse Inferences
                                                VII. Subsidies Valuation                                Thomas A. Nies, Executive Director,
                                                                                                                                                              Pacific Fishery Management Council;
                                                VIII. Benchmarks and Interest Rates                     New England Fishery Management                        Public Meeting (Webinar)
                                                IX. Analysis of Programs                                Council; telephone: (978) 465–0492.
                                                X. Analysis of Comments                                                                                       AGENCY:  National Marine Fisheries
                                                   Comment 1: Whether to Countervail Steel              SUPPLEMENTARY INFORMATION:
                                                                                                                                                              Service (NMFS), National Oceanic and
                                                      Inputs Not Purchased in Coils                                                                           Atmospheric Administration (NOAA),
                                                                                                        Agenda
                                                   Comment 2: Whether Certain Steel                                                                           Commerce.
                                                      Producers Are Authorities                            The Scientific and Statistical
                                                   Comment 3: Whether Steel Suppliers That                                                                    ACTION: Notice of public meeting
                                                      Are Trading Companies Are Authorities             Committee will review the 2017 Plan B                 (webinar).
                                                   Comment 4: Whether the Provision of Steel            Operational Assessment for Atlantic
                                                      Coils is Specific                                 Halibut, and the work provided by the                 SUMMARY:    The Pacific Fishery
                                                   Comment 5: Whether to Use Certain                    SSC sub-panel review and the                          Management Council’s (Pacific Council)
                                                      Sources as Benchmarks for Steel Inputs            Groundfish Plan Development Team.                     Ad hoc Ecosystem Workgroup (EWG)
                                                   Comment 6: What to Use as Benchmark for                                                                    will hold a meeting via webinar to
                                                      Certain of Geelong’s Steel Purchases
                                                                                                        Taking into account the Council’s Risk
                                                                                                        Policy Statement, the SSC will                        discuss the work associated with the
                                                   Comment 7: Whether to Use a Certain
                                                      Source as a Benchmark for Ocean Freight           recommend an OFL and an ABC for                       Climate Change and Communities
                                                   Comment 8: Whether to Countervail Export             each fishing year 2018–2020 that will                 Initiative. The meeting is open to the
                                                      Buyer’s Credits                                   prevent overfishing, and achieve                      public.
                                                   Comment 9: Whether to Apply Adverse                  rebuilding if needed, consistent with the             DATES:  The webinar meeting will be
                                                      Facts Available With Respect to the
                                                      Government of China’s Response                    Council’s ABC control rule for                        held on Monday, December 18, 2017,
                                                      Regarding Electricity                             groundfish stocks. Other business will                from 11 a.m. to 3 p.m. (Pacific Standard
                                                   Comment 10: Whether the Department’s                 be discussed as needed.                               Time) or until business for the day has
                                                      Selection of Electricity Rates Was Proper            Although non-emergency issues not                  been completed.
                                                   Comment 11: Whether to Countervail                                                                         ADDRESSES: The meeting will be held
                                                      Certain Tongrun ‘‘Other Subsidies’’               contained on the agenda may come
                                                                                                        before this Council for discussion, those             via webinar. A public listening station
                                                XI. Recommendation
                                                                                                        issues may not be the subject of formal               is available at the Pacific Council office
                                                [FR Doc. 2017–25768 Filed 11–28–17; 8:45 am]                                                                  (address below). To attend the webinar
                                                                                                        action during this meeting. Council
                                                BILLING CODE 3510–DS–P
                                                                                                        action will be restricted to those issues             (1) join the meeting by visiting this link
                                                                                                                                                              https://www.gotomeeting.com/webinar,
                                                                                                        specifically listed in this notice and any
                                                                                                                                                              (2) enter the Webinar ID: 781–215–411,
                                                DEPARTMENT OF COMMERCE                                  issues arising after publication of this
                                                                                                                                                              and (3) enter your name and email
                                                                                                        notice that require emergency action                  address (required). After logging in to
                                                National Oceanic and Atmospheric                        under section 305(c) of the Magnuson-
                                                Administration                                                                                                the webinar, please (1) dial this TOLL
                                                                                                        Stevens Act, provided the public has                  number 1–631–992–3221 (not a toll-free
                                                RIN 0648–XF858                                          been notified of the Council’s intent to              number), (2) enter the attendee phone
                                                                                                        take final action to address the                      audio access code 562–890–447, and (3)
                                                New England Fishery Management                          emergency. The public also should be                  then enter your audio phone pin (shown
                                                Council; Public Meeting                                 aware that the meeting will be recorded.              after joining the webinar). Note: We
                                                AGENCY:  National Marine Fisheries                      Consistent with 16 U.S.C. 1852, a copy                have disabled Mic/Speakers as an
                                                Service (NMFS), National Oceanic and                    of the recording is available upon                    option and require all participants to
                                                Atmospheric Administration (NOAA),                      request.                                              use a telephone or cell phone to
                                                Commerce.                                                                                                     participate. Technical Information and
                                                                                                        Special Accommodations
                                                ACTION: Notice of public meeting via                                                                          system requirements: PC-based
                                                webinar.                                                  This meeting is physically accessible               attendees are required to use Windows®
                                                                                                        to people with disabilities. Requests for             7, Vista, or XP; Mac®-based attendees
                                                SUMMARY:   The New England Fishery                                                                            are required to use Mac OS® X 10.5 or
                                                                                                        sign language interpretation or other
                                                Management Council’s Scientific and                                                                           newer; Mobile attendees are required to
                                                Statistical Committee will hold a                       auxiliary aids should be directed to
                                                                                                        Thomas A. Nies, Executive Director, at                use iPhone®, iPad®, AndroidTM phone
                                                webinar to review the 2017 Plan B                                                                             or Android tablet (See the https://
                                                Operational Assessment for Atlantic                     978–465–0492, at least 5 days prior to
                                                                                                                                                              www.gotomeeting.com/webinar/ipad-
                                                Halibut. Recommendations from this                      the meeting date.
                                                                                                                                                              iphone-android-webinar-apps). You
                                                group will be brought to the full Council                 Authority: 16 U.S.C. 1801 et seq.                   may send an email to Mr. Kris
                                                for formal consideration and action, if                                                                       Kleinschmidt at Kris.Kleinschmidt@
                                                                                                          Dated: November 24, 2017.
                                                appropriate.                                                                                                  noaa.gov or contact him at (503) 820–
                                                                                                        Tracey L. Thompson,
pmangrum on DSK3GDR082PROD with NOTICES1




                                                DATES: This webinar will be held on                                                                           2280, extension 411 for technical
                                                                                                        Acting Deputy Director, Office of Sustainable
                                                Monday, December 18, 2017, beginning                                                                          assistance. A public listening station
                                                                                                        Fisheries, National Marine Fisheries Service.
                                                at 1:30 p.m. Webinar registration URL                                                                         will also be available at the Pacific
                                                                                                        [FR Doc. 2017–25766 Filed 11–28–17; 8:45 am]
                                                information: https://                                                                                         Council office.
                                                attendee.gotowebinar.com/register/                      BILLING CODE 3510–22–P                                   Council address: Pacific Fishery
                                                1474214582272609539; Call in                                                                                  Management Council, 7700 NE
                                                information: +1 (213) 929–4212,                                                                               Ambassador Place, Suite 101, Portland,
                                                Attendee Access Code: 823–584–672.                                                                            OR 97220.


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Document Created: 2017-11-29 01:26:00
Document Modified: 2017-11-29 01:26:00
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 29, 2017.
ContactHermes Pinilla or Thomas Schauer, 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) 482-3477 or (202) 482-0410, respectively.
FR Citation82 FR 56582 

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