83 FR 15361 - Certain Tool Chests and Cabinets From the Socialist Republic of Vietnam: Final Affirmative Determination of Sales at Less Than Fair Value

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 69 (April 10, 2018)

The Department of Commerce (Commerce) determines that imports of certain tool chests and cabinets (tool chests) from the Socialist Republic of Vietnam (Vietnam) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The final dumping margin of sales at LTFV is listed in the ``Final Determination'' section of this notice.

[Federal Register Volume 83, Number 69 (Tuesday, April 10, 2018)]
[Notices]
[Pages 15361-15364]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07316]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-821]


Certain Tool Chests and Cabinets From the Socialist Republic of 
Vietnam: Final Affirmative Determination of Sales at Less Than Fair 
Value

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

SUMMARY: The Department of Commerce (Commerce) determines that imports 
of certain tool chests and cabinets (tool chests) from the Socialist 
Republic of Vietnam (Vietnam) are being, or are likely to be, sold in 
the United States at less than fair value (LTFV). The final dumping 
margin of sales at LTFV is listed in the ``Final Determination'' 
section of this notice.

DATES: Applicable April 10, 2018.

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

SUPPLEMENTARY INFORMATION: 

Background

    Commerce published the Preliminary Determination in the LTFV 
investigation of tool chests from Vietnam on November 16, 2017.\1\ We 
invited parties to comment on the Preliminary Determination. For a 
complete description of the events that followed the Preliminary 
Determination, see the Issues and Decision Memorandum dated 
concurrently with, and hereby adopted by, this notice.\2\
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    \1\ See Certain Tool Chests and Cabinets from the Socialist 
Republic of Vietnam: Preliminary Affirmative Determination of Sales 
at Less Than Fair Value, Postponement of Final Determination and 
Extension of Provisional Measures, 82 FR 53452 (November 16, 2017) 
(Preliminary Determination).
    \2\ See Memorandum, ``Certain Tool Chests and Cabinets from the 
Socialist Republic of Vietnam: Issues and Decision Memorandum for 
the Final Affirmative Determination of Sales at Less Than Fair 
Value,'' dated concurrently with and hereby adopted by this notice 
(Issues and Decision Memorandum).
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Period of Investigation

    The period of investigation is October 1, 2016, through March 31, 
2017.

Scope of the Investigation

    The products covered by this investigation are tool chests from 
Vietnam. For a full description of the scope of this investigation, see 
the ``Scope of the Investigation'' in Appendix I of this notice.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs that were 
submitted by parties in this investigation are addressed in the Issues 
and Decision Memorandum. A list of issues raised is attached to this 
notice as Appendix II. The Issues and Decision Memorandum is a public 
document and is made available to the public via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
http://access.trade.gov and to all parties in Commerce's 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 on the internet at http://enforcement.trade.gov/frn/.

Verification

    Because the sole mandatory respondent in this investigation, 
Clearwater Metal Single Entity \3\ withdrew from the scheduled 
verification, Commerce was unable to conduct verification under section 
782(i)(1) of the Tariff Act of 1930, as amended (the Act).
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    \3\ Commerce preliminarily determined that Clearwater Metal VN 
JSC, Rabat Corporation, and CSPS Co., Ltd., are a single entity 
(hereinafter, Clearwater Metal Single Entity). See Preliminary 
Determination, 82 FR at 53453 n.10; see also Memorandum, ``Certain 
Tool Chests and Cabinets from the Socialist Republic of Vietnam: 
Collapsing and Single Entity Treatment,'' dated November 14, 2017. 
Nothing has changed for this final determination, and therefore, we 
continue to treat these companies as a single entity.
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Vietnam-Wide Entity and Use of Adverse Facts Available

    Because Clearwater Metal Single Entity prevented us from conducting 
verification of its questionnaire responses, including its claim that 
it is a wholly foreign-owned company, we find that Clearwater Metal 
Single Entity is considered part of the Vietnam-wide entity. We 
continue to find that the use of facts available is warranted in 
determining the dumping margin of the Vietnam-wide entity, pursuant to 
section 776(a)(1) and (a)(2)(A)-(C) of the

[[Page 15362]]

Act. Further, use of facts available is also warranted, pursuant to 
section 776(a)(2)(D) of the Act, because information provided by 
Clearwater Metal Single Entity, that is part of the Vietnam-wide 
entity, could not be verified. We, also, continue to find that the 
Vietnam-wide entity failed to cooperate to the best of its ability and, 
therefore, the use of adverse facts available with an adverse inference 
is appropriate, pursuant to section 776(b) of the Act.

Changes From Preliminary Determination

    In light of the discussion above, we have made certain changes in 
the final determination, which are fully described in the Issues and 
Decision Memorandum. As a result of these changes, we relied on the 
highest product matching control number-specific dumping margin we 
calculated for Clearwater Metal Single Entity in the Preliminary 
Determination to determine the dumping margin for the Vietnam-wide 
entity of 327.17 percent.\4\
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    \4\ See Issues and Decision Memorandum for a full discussion of 
this issue.
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Final Determination

    Commerce determines that a weighted-average dumping margin of 
327.17 percent exists for the Vietnam-wide entity.

Disclosure

    The dumping margin assigned to the Vietnam-wide entity for the 
final determination in this investigation was based on adverse facts 
available, i.e., the highest product matching control number-specific 
dumping margin calculated for Clearwater Metal Single Entity in the 
Preliminary Determination. As such, no disclosure of calculations is 
necessary for this final determination.

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, Commerce will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all entries of tool chests from Vietnam, as 
described in Appendix I of this notice, which were entered, or 
withdrawn from warehouse, for consumption on or after November 16, 
2017, the date of publication of the Preliminary Determination of this 
investigation in the Federal Register.
    Pursuant to 19 CFR 351.210(d), upon the publication of this notice, 
Commerce will instruct CBP to require a cash deposit \5\ equal to the 
weighted-average amount by which the normal value exceeds U.S. price as 
shown above. These suspension of liquidation instructions will remain 
in effect until further notice.
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    \5\ See Modification of Regulations Regarding the Practice of 
Accepting Bonds During the Provisional Measures Period in 
Antidumping and Countervailing Duty Investigations, 76 FR 61042 
(October 3, 2011).
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International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
ITC of our final affirmative determination of sales at LTFV. Because 
the final determination in this proceeding is affirmative, in 
accordance with section 735(b)(2) of the Act, the ITC will make its 
final determination as to whether the domestic industry in the United 
States is materially injured, or threatened with material injury, by 
reason of imports of subject merchandise from Vietnam no later than 45 
days after our final determination. If the ITC determines that such 
injury does not exist, this proceeding will be terminated and all 
securities posted will be refunded or canceled. If the ITC determines 
that such injury does exist, Commerce will issue an antidumping duty 
order directing CBP to assess, upon further instruction by Commerce, 
antidumping duties on all imports of the subject merchandise entered, 
or withdrawn from warehouse, for consumption on or after the effective 
date of the suspension of liquidation.

Notification Regarding Administrative Protective Order

    This notice will serve as a reminder to the parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return or destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and terms of an APO is a sanctionable violation.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c).

    Dated: April 3, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The scope of this investigation covers certain metal tool chests 
and tool cabinets, with drawers, (tool chests and cabinets), from 
the Socialist Republic of Vietnam (Vietnam). The scope covers all 
metal tool chests and cabinets, including top chests, intermediate 
chests, tool cabinets and side cabinets, storage units, mobile work 
benches, and work stations and that have the following physical 
characteristics:
    (1) A body made of carbon, alloy, or stainless steel and/or 
other metals;
    (2) two or more drawers for storage in each individual unit;
    (3) a width (side to side) exceeding 15 inches for side cabinets 
and exceeding 21 inches for all other individual units but not 
exceeding 60 inches;
    (4) a body depth (front to back) exceeding 10 inches but not 
exceeding 24 inches; and
    (5) prepackaged for retail sale.
    For purposes of this scope, the width parameter applies to each 
individual unit, i.e., each individual top chest, intermediate top 
chest, tool cabinet, side cabinet, storage unit, mobile work bench, 
and work station.
    Prepackaged for retail sale means the units may, for example, be 
packaged in a cardboard box, other type of container or packaging, 
and may bear a Universal Product Code, along with photographs, 
pictures, images, features, artwork, and/or product specifications. 
Subject tool chests and cabinets are covered whether imported in 
assembled or unassembled form. Subject merchandise includes tool 
chests and cabinets produced in Vietnam but assembled, prepackaged 
for retail sale, or subject to other minor processing in a third 
country prior to importation into the United States. Similarly, it 
would include tool chests and cabinets produced in Vietnam that are 
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.

[[Page 15363]]

    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:
[GRAPHIC] [TIFF OMITTED] TN10AP18.004

    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 a flat lid on top of 
the unit that opens;
    (3) a space or gap between the casters, wheels, or other similar 
devices, and the bottom of the enclosed storage space (e.g., 
drawers) of at least 10 inches; and
    (4) a total unit height, including casters, of less than 48 
inches.
    Also excluded from the scope of the investigation are non-mobile 
work benches. The excluded non-mobile work benches have all of the 
following characteristics:
    (1) A solid top working surface;
    (2) no drawers, one drawer, or two drawers in a side-by-side 
configuration; and
    (3) the unit is supported by legs and has no solid front, side, 
or back panels enclosing the body of the unit.
    Also excluded from the scope of this investigation are metal 
filing cabinets that are configured to hold hanging file folders and 
are classified in the Harmonized Tariff Schedule of the United 
States (HTSUS) at subheading 9403.10.0020.
    Merchandise subject to this investigation is classified under 
HTSUS categories 9403.20.0021, 9403.20.0026, 9403.20.0030, 
9403.20.0080, 9403.20.0090, and 7326.90.8688, but may also be 
classified under HTSUS category 7326.90.3500.\6\ While HTSUS 
subheadings are provided for convenience and Customs purposes, the 
written description of the scope of this investigation is 
dispositive.
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    \6\ On February 8, 2018, Commerce included HTSUS subheadings 
9403.20.0080 and 9403.20.0090 to the case reference files, pursuant 
to requests by CBP. See Memorandum, ``Requests from Customs and 
Border Protection to Update the ACE Case Reference File,'' dated 
February 8, 2018.

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[[Page 15364]]

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope Comments
IV. Changes Since the Preliminary Determination
V. Discussion of the Issues:
    The Total Adverse Facts Available Rate for the Vietnam-Wide 
Entity and Selection of Surrogate Country and Surrogate Values
VI. Recommendation

[FR Doc. 2018-07316 Filed 4-9-18; 8:45 am]
 BILLING CODE 3510-DS-P