83_FR_15430 83 FR 15361 - Certain Tool Chests and Cabinets From the Socialist Republic of Vietnam: Final Affirmative Determination of Sales at Less Than Fair Value

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)

Page Range15361-15364
FR Document2018-07316

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 Issue 69 (Tuesday, April 10, 2018)
[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



                                                                              Federal Register / Vol. 83, No. 69 / Tuesday, April 10, 2018 / Notices                                                   15361

                                                  • The ability to address cross-cutting                 Dated: April 3, 2018.                               Period of Investigation
                                               issues that affect the entire business                  Valerie Dees,                                            The period of investigation is October
                                               community.                                              Director of the Office of South Asia.                 1, 2016, through March 31, 2017.
                                                  • The ability to initiate and be                     [FR Doc. 2018–07236 Filed 4–9–18; 8:45 am]
                                                                                                                                                             Scope of the Investigation
                                               responsible for activities in which the                 BILLING CODE 3510–HE–P
                                               Forum will be active.                                                                                            The products covered by this
                                                                                                                                                             investigation are tool chests from
                                                  • If applicable, prior work by the                   DEPARTMENT OF COMMERCE                                Vietnam. For a full description of the
                                               applicant on the U.S. Section of the                                                                          scope of this investigation, see the
                                               Forum.                                                  International Trade Administration                    ‘‘Scope of the Investigation’’ in
                                                  The evaluation of applications for                                                                         Appendix I of this notice.
                                               membership in the U.S. Section will be                  [A–552–821]                                           Analysis of Comments Received
                                               undertaken by a committee of staff from
                                                                                                       Certain Tool Chests and Cabinets                         All issues raised in the case and
                                               multiple U.S. Government agencies. The
                                                                                                       From the Socialist Republic of                        rebuttal briefs that were submitted by
                                               U.S. Section of the Forum should
                                                                                                       Vietnam: Final Affirmative                            parties in this investigation are
                                               include members who represent a                                                                               addressed in the Issues and Decision
                                                                                                       Determination of Sales at Less Than
                                               diversity of business sectors and                                                                             Memorandum. A list of issues raised is
                                                                                                       Fair Value
                                               geographic locations. To the extent                                                                           attached to this notice as Appendix II.
                                               possible, the U.S. Section should                       AGENCY:   Enforcement and Compliance,                 The Issues and Decision Memorandum
                                               include members from small, medium,                     International Trade Administration,                   is a public document and is made
                                               and large firms. The Secretary will                     Department of Commerce.                               available to the public via Enforcement
                                               consider the same criteria when                         SUMMARY: The Department of Commerce                   and Compliance’s Antidumping and
                                               appointing the U.S. private sector co-                  (Commerce) determines that imports of                 Countervailing Duty Centralized
                                               chair.                                                  certain tool chests and cabinets (tool                Electronic Service System (ACCESS).
                                                  U.S. Section members will receive no                 chests) from the Socialist Republic of                ACCESS is available to registered users
                                               compensation for their participation in                 Vietnam (Vietnam) are being, or are                   at http://access.trade.gov and to all
                                               Forum-related activities. Individual                    likely to be, sold in the United States at            parties in Commerce’s Central Records
                                                                                                       less than fair value (LTFV). The final                Unit, room B8024 of the main
                                               members will be responsible for all
                                                                                                       dumping margin of sales at LTFV is                    Department of Commerce building. In
                                               travel and related expenses associated
                                                                                                       listed in the ‘‘Final Determination’’                 addition, a complete version of the
                                               with their participation, including                                                                           Issues and Decision Memorandum can
                                               attendance at Forum and Section                         section of this notice.
                                                                                                                                                             be accessed directly on the internet at
                                               meetings. The next Forum meeting will                   DATES: Applicable April 10, 2018.
                                                                                                                                                             http://enforcement.trade.gov/frn/.
                                               be held in 2018. At that time, the U.S.                 FOR FURTHER INFORMATION CONTACT:
                                               and Indian Sections will be expected to                 Dmitry Vladimirov, AD/CVD                             Verification
                                               offer recommendations to the U.S. and                   Operations, Office I, Enforcement and                   Because the sole mandatory
                                               Indian governments. Only appointed                      Compliance, International Trade                       respondent in this investigation,
                                               members may participate in official                     Administration, U.S. Department of                    Clearwater Metal Single Entity 3
                                               Forum meetings; substitutes and                         Commerce, 1401 Constitution Avenue                    withdrew from the scheduled
                                               alternates may not participate. U.S.                    NW, Washington, DC 20230; telephone:                  verification, Commerce was unable to
                                               Section members will serve for two-year                 (202) 482–0665.                                       conduct verification under section
                                               terms but may be reappointed.                           SUPPLEMENTARY INFORMATION:                            782(i)(1) of the Tariff Act of 1930, as
                                                                                                                                                             amended (the Act).
                                                  To be considered for membership in                   Background
                                               the U.S. Section, please submit the                                                                           Vietnam-Wide Entity and Use of
                                                                                                          Commerce published the Preliminary                 Adverse Facts Available
                                               following information as instructed in
                                                                                                       Determination in the LTFV investigation
                                               the ADDRESSES and DATES captions                                                                                 Because Clearwater Metal Single
                                                                                                       of tool chests from Vietnam on
                                               above: Name and title of the individual                 November 16, 2017.1 We invited parties                Entity prevented us from conducting
                                               requesting consideration; name and                      to comment on the Preliminary                         verification of its questionnaire
                                               address of company’s headquarters;                      Determination. For a complete                         responses, including its claim that it is
                                               location of incorporation; size of the                  description of the events that followed               a wholly foreign-owned company, we
                                               company; size of company’s export                       the Preliminary Determination, see the                find that Clearwater Metal Single Entity
                                               trade, investment, and nature of                        Issues and Decision Memorandum dated                  is considered part of the Vietnam-wide
                                               operations or interest in India; and a                  concurrently with, and hereby adopted                 entity. We continue to find that the use
                                               brief statement describing the                          by, this notice.2                                     of facts available is warranted in
                                               candidate’s qualifications that should be                                                                     determining the dumping margin of the
                                               considered, including information about                    1 See Certain Tool Chests and Cabinets from the
                                                                                                                                                             Vietnam-wide entity, pursuant to
                                               the candidate’s ability to initiate and be              Socialist Republic of Vietnam: Preliminary            section 776(a)(1) and (a)(2)(A)–(C) of the
                                               responsible for activities in which the                 Affirmative Determination of Sales at Less Than
                                                                                                       Fair Value, Postponement of Final Determination         3 Commerce preliminarily determined that
                                               Forum will be active. Candidates that                   and Extension of Provisional Measures, 82 FR          Clearwater Metal VN JSC, Rabat Corporation, and
daltland on DSKBBV9HB2PROD with NOTICES




                                               have previously been members of the                     53452 (November 16, 2017) (Preliminary                CSPS Co., Ltd., are a single entity (hereinafter,
                                               U.S. Section need only provide a letter                 Determination).                                       Clearwater Metal Single Entity). See Preliminary
                                                                                                          2 See Memorandum, ‘‘Certain Tool Chests and        Determination, 82 FR at 53453 n.10; see also
                                               expressing their interest in re-applying                Cabinets from the Socialist Republic of Vietnam:      Memorandum, ‘‘Certain Tool Chests and Cabinets
                                               and indicating any changes to the                       Issues and Decision Memorandum for the Final          from the Socialist Republic of Vietnam: Collapsing
                                               application materials previously                        Affirmative Determination of Sales at Less Than       and Single Entity Treatment,’’ dated November 14,
                                               supplied. All candidates will be notified               Fair Value,’’ dated concurrently with and hereby      2017. Nothing has changed for this final
                                                                                                       adopted by this notice (Issues and Decision           determination, and therefore, we continue to treat
                                               once selections have been made.                         Memorandum).                                          these companies as a single entity.



                                          VerDate Sep<11>2014   16:56 Apr 09, 2018   Jkt 244001   PO 00000   Frm 00008   Fmt 4703   Sfmt 4703   E:\FR\FM\10APN1.SGM   10APN1


                                               15362                          Federal Register / Vol. 83, No. 69 / Tuesday, April 10, 2018 / Notices

                                               Act. Further, use of facts available is                 average amount by which the normal                      Dated: April 3, 2018.
                                               also warranted, pursuant to section                     value exceeds U.S. price as shown                     Gary Taverman,
                                               776(a)(2)(D) of the Act, because                        above. These suspension of liquidation                Deputy Assistant Secretary for Antidumping
                                               information provided by Clearwater                      instructions will remain in effect until              and Countervailing Duty Operations,
                                               Metal Single Entity, that is part of the                further notice.                                       performing the non-exclusive functions and
                                               Vietnam-wide entity, could not be                                                                             duties of the Assistant Secretary for
                                               verified. We, also, continue to find that               International Trade Commission                        Enforcement and Compliance.
                                               the Vietnam-wide entity failed to                       Notification                                          Appendix I
                                               cooperate to the best of its ability and,
                                               therefore, the use of adverse facts                        In accordance with section 735(d) of               Scope of the Investigation
                                               available with an adverse inference is                  the Act, we will notify the ITC of our                   The scope of this investigation covers
                                               appropriate, pursuant to section 776(b)                 final affirmative determination of sales              certain metal tool chests and tool cabinets,
                                                                                                       at LTFV. Because the final                            with drawers, (tool chests and cabinets), from
                                               of the Act.
                                                                                                       determination in this proceeding is                   the Socialist Republic of Vietnam (Vietnam).
                                               Changes From Preliminary                                                                                      The scope covers all metal tool chests and
                                                                                                       affirmative, in accordance with section               cabinets, including top chests, intermediate
                                               Determination                                           735(b)(2) of the Act, the ITC will make               chests, tool cabinets and side cabinets,
                                                 In light of the discussion above, we                  its final determination as to whether the             storage units, mobile work benches, and
                                               have made certain changes in the final                  domestic industry in the United States                work stations and that have the following
                                               determination, which are fully                          is materially injured, or threatened with             physical characteristics:
                                               described in the Issues and Decision                    material injury, by reason of imports of                 (1) A body made of carbon, alloy, or
                                               Memorandum. As a result of these                                                                              stainless steel and/or other metals;
                                                                                                       subject merchandise from Vietnam no                      (2) two or more drawers for storage in each
                                               changes, we relied on the highest                       later than 45 days after our final                    individual unit;
                                               product matching control number-                        determination. If the ITC determines                     (3) a width (side to side) exceeding 15
                                               specific dumping margin we calculated                                                                         inches for side cabinets and exceeding 21
                                                                                                       that such injury does not exist, this
                                               for Clearwater Metal Single Entity in the                                                                     inches for all other individual units but not
                                                                                                       proceeding will be terminated and all
                                               Preliminary Determination to determine                                                                        exceeding 60 inches;
                                               the dumping margin for the Vietnam-                     securities posted will be refunded or                    (4) a body depth (front to back) exceeding
                                               wide entity of 327.17 percent.4                         canceled. If the ITC determines that                  10 inches but not exceeding 24 inches; and
                                                                                                       such injury does exist, Commerce will                    (5) prepackaged for retail sale.
                                               Final Determination                                     issue an antidumping duty order                          For purposes of this scope, the width
                                                 Commerce determines that a                            directing CBP to assess, upon further                 parameter applies to each individual unit,
                                                                                                       instruction by Commerce, antidumping                  i.e., each individual top chest, intermediate
                                               weighted-average dumping margin of
                                                                                                                                                             top chest, tool cabinet, side cabinet, storage
                                               327.17 percent exists for the Vietnam-                  duties on all imports of the subject                  unit, mobile work bench, and work station.
                                               wide entity.                                            merchandise entered, or withdrawn                        Prepackaged for retail sale means the units
                                               Disclosure                                              from warehouse, for consumption on or                 may, for example, be packaged in a cardboard
                                                                                                       after the effective date of the suspension            box, other type of container or packaging,
                                                 The dumping margin assigned to the                    of liquidation.                                       and may bear a Universal Product Code,
                                               Vietnam-wide entity for the final                                                                             along with photographs, pictures, images,
                                               determination in this investigation was                 Notification Regarding Administrative                 features, artwork, and/or product
                                               based on adverse facts available, i.e., the             Protective Order                                      specifications. Subject tool chests and
                                               highest product matching control                                                                              cabinets are covered whether imported in
                                                                                                         This notice will serve as a reminder                assembled or unassembled form. Subject
                                               number-specific dumping margin                                                                                merchandise includes tool chests and
                                               calculated for Clearwater Metal Single                  to the parties subject to administrative
                                                                                                                                                             cabinets produced in Vietnam but assembled,
                                               Entity in the Preliminary Determination.                protective order (APO) of their                       prepackaged for retail sale, or subject to other
                                               As such, no disclosure of calculations is               responsibility concerning the                         minor processing in a third country prior to
                                               necessary for this final determination.                 disposition of proprietary information                importation into the United States. Similarly,
                                                                                                       disclosed under APO in accordance                     it would include tool chests and cabinets
                                               Continuation of Suspension of                                                                                 produced in Vietnam that are assembled,
                                               Liquidation                                             with 19 CFR 351.305(a)(3). Timely
                                                                                                                                                             prepackaged for retail sale, or subject to other
                                                                                                       written notification of return or
                                                  In accordance with section                                                                                 minor processing after importation into the
                                                                                                       destruction of APO materials or                       United States.
                                               735(c)(1)(B) of the Act, Commerce will                  conversion to judicial protective order is               Subject tool chests and cabinets may also
                                               instruct U.S. Customs and Border                        hereby requested. Failure to comply                   have doors and shelves in addition to
                                               Protection (CBP) to continue to suspend                 with the regulations and terms of an                  drawers, may have handles (typically
                                               liquidation of all entries of tool chests                                                                     mounted on the sides), and may have a work
                                                                                                       APO is a sanctionable violation.
                                               from Vietnam, as described in Appendix                                                                        surface on the top. Subject tool chests and
                                               I of this notice, which were entered, or                  This determination is issued and                    cabinets may be uncoated (e.g., stainless
                                               withdrawn from warehouse, for                           published in accordance with sections                 steel), painted, powder coated, galvanized, or
                                               consumption on or after November 16,                    735(d) and 777(i)(1) of the Act and 19                otherwise coated for corrosion protection or
                                               2017, the date of publication of the                    CFR 351.210(c).                                       aesthetic appearance.
                                                                                                                                                                Subject tool chests and cabinets may be
                                               Preliminary Determination of this                                                                             packaged as individual units or in sets. When
                                               investigation in the Federal Register.                                                                        packaged in sets, they typically include a
                                                  Pursuant to 19 CFR 351.210(d), upon                                                                        cabinet with one or more chests that stack on
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                                               the publication of this notice,                                                                               top of the cabinet. Tool cabinets act as a base
                                               Commerce will instruct CBP to require                                                                         tool storage unit and typically have rollers,
                                               a cash deposit 5 equal to the weighted-                                                                       casters, or wheels to permit them to be
                                                                                                                                                             moved more easily when loaded with tools.
                                                 4 See Issues and Decision Memorandum for a full                                                             Work stations and mobile work benches are
                                               discussion of this issue.                               Measures Period in Antidumping and                    tool cabinets with a work surface on the top
                                                 5 See Modification of Regulations Regarding the       Countervailing Duty Investigations, 76 FR 61042       that may be made of rubber, plastic, metal,
                                               Practice of Accepting Bonds During the Provisional      (October 3, 2011).                                    wood, or other materials.



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                                                                              Federal Register / Vol. 83, No. 69 / Tuesday, April 10, 2018 / Notices                                                    15363

                                                 Top chests are designed to be used with a             chests are designed to be used in conjunction            Excluded from the scope of the
                                               tool cabinet to form a tool storage unit. The           with tool cabinets. The intermediate chests           investigation are tool boxes, chests, and
                                               top chests may be mounted on top of the base            typically do not have handles. The                    cabinets with bodies made of plastic, carbon
                                               tool cabinet or onto an intermediate chest.             intermediate and top chests may have the              fiber, wood, or other non-metallic substances.
                                               They are often packaged as a set with tool              capability of being bolted together.                     Also excluded from the scope of the
                                               cabinets or intermediate chests, but may also             Side cabinets are designed to be bolted or          investigation are industrial grade steel tool
                                               be packaged separately. They may be                     otherwise attached to the side of the base            chests and cabinets. The excluded industrial
                                               packaged with mounting hardware (e.g.,                  storage cabinet to expand the storage capacity        grade steel tool chests and cabinets are those:
                                               bolts) and instructions for assembling them             of the base tool cabinet.                                (1) Having a body that is over 60 inches in
                                               onto the base tool cabinet or onto an                     Subject tool chests and cabinets also may           width; or
                                               intermediate tool chest which rests on the              be packaged with a tool set included.                    (2) having each of the following physical
                                               base tool cabinet. Smaller top chests typically         Packaging a subject tool chest and cabinet            characteristics:
                                               have handles on the sides, while the larger             with a tool set does not remove an otherwise             (a) A body made of steel that is 0.047
                                               top chests typically lack handles.                      covered subject tool chest and cabinet from           inches or more in thickness;
                                               Intermediate tool chests are designed to fit on         the scope. When this occurs, the tools are not           (b) a body depth (front to back) exceeding
                                               top of the floor standing tool cabinet and to           part of the subject merchandise.                      21 inches; and
                                               be used underneath the top tool chest.                    All tool chests and cabinets that meet the             (c) a unit weight that exceeds the
                                               Although they may be packaged or used                   above definition are included in the scope            maximum unit weight shown below for each
                                               separately from the tool cabinet, intermediate          unless otherwise specifically excluded.               width range:




                                                  Also excluded from the scope of the                  The excluded non-mobile work benches have             9403.20.0080, 9403.20.0090, and
                                               investigation are service carts. The excluded           all of the following characteristics:                 7326.90.8688, but may also be classified
                                               service carts have all of the following                    (1) A solid top working surface;                   under HTSUS category 7326.90.3500.6 While
                                               characteristics:                                           (2) no drawers, one drawer, or two drawers         HTSUS subheadings are provided for
                                                  (1) Casters, wheels, or other similar devices        in a side-by-side configuration; and                  convenience and Customs purposes, the
                                               which allow the service cart to be rolled from             (3) the unit is supported by legs and has          written description of the scope of this
                                               place to place;                                         no solid front, side, or back panels enclosing        investigation is dispositive.
                                                  (2) an open top for storage, a flat top, or          the body of the unit.
                                               a flat lid on top of the unit that opens;                  Also excluded from the scope of this
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                                                  (3) a space or gap between the casters,              investigation are metal filing cabinets that are
                                               wheels, or other similar devices, and the               configured to hold hanging file folders and
                                               bottom of the enclosed storage space (e.g.,             are classified in the Harmonized Tariff                 6 On February 8, 2018, Commerce included

                                               drawers) of at least 10 inches; and                     Schedule of the United States (HTSUS) at              HTSUS subheadings 9403.20.0080 and
                                                  (4) a total unit height, including casters, of       subheading 9403.10.0020.                              9403.20.0090 to the case reference files, pursuant to
                                               less than 48 inches.                                       Merchandise subject to this investigation is       requests by CBP. See Memorandum, ‘‘Requests from
                                                  Also excluded from the scope of the                  classified under HTSUS categories                     Customs and Border Protection to Update the ACE
                                                                                                                                                                                                                     EN10AP18.004</GPH>




                                               investigation are non-mobile work benches.              9403.20.0021, 9403.20.0026, 9403.20.0030,             Case Reference File,’’ dated February 8, 2018.



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                                               15364                          Federal Register / Vol. 83, No. 69 / Tuesday, April 10, 2018 / Notices

                                               Appendix II                                             U.S. Department of Commerce, 1401                     corrected error, Commerce revised the
                                               List of Topics Discussed in the Issues and              Constitution Avenue NW, Washington,                   countervailable subsidy rates for JA
                                               Decision Memorandum                                     DC 20230.                                             Solar, Trina Solar, and Wuxi Suntech to
                                               I. Summary                                              SUPPLEMENTARY INFORMATION:                            24.66 percent.9 On March 27, 2018, the
                                               II. Background                                          Background                                            CIT sustained Commerce’s Remand
                                               III. Scope Comments                                                                                           Redetermination in full,10 thereby
                                               IV. Changes Since the Preliminary                          On July 19, 2016, Commerce                         affirming a 24.66 percent
                                                     Determination                                     published the Final Results.1 Two                     countervailable subsidy rate for JA
                                               V. Discussion of the Issues:                            parties, SolarWorld Americas, Inc.                    Solar, Trina Solar, and Wuxi Suntech.
                                                  The Total Adverse Facts Available Rate for           (SolarWorld) and Trina Solar, contested
                                                     the Vietnam-Wide Entity and Selection             Commerce’s findings in the Final                      Timken Notice
                                                     of Surrogate Country and Surrogate                Results. SolarWorld is a U.S. producer
                                                     Values                                            of solar cells and was the petitioner in                 In its decision in Timken,11 as
                                               VI. Recommendation                                                                                            clarified by Diamond Sawblades,12 the
                                                                                                       the CVD investigation of solar cells from
                                               [FR Doc. 2018–07316 Filed 4–9–18; 8:45 am]              China. Trina Solar is a Chinese                       Court of Appeals for the Federal Circuit
                                               BILLING CODE 3510–DS–P                                  producer/exporter of solar cells, which               held that, pursuant to section 516A(e) of
                                                                                                       participated as a non-individually                    the Tariff Act of 1930, as amended (the
                                                                                                       examined respondent in the underlying                 Act), Commerce must publish a notice
                                               DEPARTMENT OF COMMERCE                                  administrative review.2 Wuxi Suntech                  of a court decision that is not ‘‘in
                                                                                                       and JA Solar were not parties to this                 harmony’’ with a Department
                                               International Trade Administration
                                                                                                       litigation. However, Wuxi Suntech also                determination and must suspend
                                               [C–570–980]                                             participated as a non-individually                    liquidation of entries pending a
                                                                                                       examined respondent in the underlying                 ‘‘conclusive’’ court decision. The CIT’s
                                               Crystalline Silicon Photovoltaic Cells,                 administrative review,3 and JA Solar
                                               Whether or Not Assembled Into                                                                                 March 27, 2018 final judgment
                                                                                                       was the only individually examined                    sustaining the Final Redetermination
                                               Modules, From the People’s Republic                     company respondent in the underlying
                                               of China: Notice of Court Decision Not                                                                        constitutes a final decision of the Court
                                                                                                       administrative review.4 In the Final
                                               in Harmony With Final Results and                                                                             that is not in harmony with Commerce’s
                                                                                                       Results, Commerce calculated a
                                               Notice of Amended Final Results                                                                               Final Results. This notice is published
                                                                                                       countervailable subsidy rate of 19.20
                                                                                                       percent for JA Solar, which was also                  in fulfillment of the Timken publication
                                               AGENCY:   Enforcement and Compliance,                                                                         requirements. Accordingly, Commerce
                                               International Trade Administration,                     assigned to Trina Solar and Wuxi
                                                                                                       Suntech.5                                             will continue the suspension of
                                               Department of Commerce.                                                                                       liquidation of the subject merchandise
                                               SUMMARY: The Court of International                        On August 18, 2017, the CIT
                                                                                                       remanded the Final Results to                         pending a final and conclusive court
                                               Trade (CIT or Court) sustained the final
                                                                                                       Commerce.6 In particular, the Court                   decision.
                                               results of redetermination pursuant to
                                               remand pertaining to the administrative                 instructed Commerce to further explain
                                                                                                                                                             Amended Final Results
                                               review of the countervailing duty order                 or reconsider its method of calculating
                                               on crystalline silicon photovoltaic cells,              a benchmark price to measure the                        Because there is now a final court
                                               whether or not assembled into modules,                  adequacy of remuneration for solar                    decision, we are amending the Final
                                               from the People’s Republic of China                     glass.7 In accordance with the ruling,                Results with respect to the
                                               (China) covering the period of review                   Commerce issued its Remand                            countervailable subsidy rate assigned to
                                               (POR) January 1, 2013, through                          Redetermination, in which it further                  JA Solar, Trina Solar, and Wuxi
                                                                                                       explained its benchmark determination
                                               December 31, 2013. The Department of                                                                          Suntech. Based on the Remand
                                                                                                       and corrected an error in the calculation
                                               Commerce (Commerce) is notifying the                                                                          Redetermination, as affirmed by the CIT,
                                                                                                       of that benchmark.8 As a result of the
                                               public that the final judgment in this                                                                        the revised countervailable subsidy
                                               case is not in harmony with the final                     1 See Final Results of Countervailing Duty          rates for JA Solar, Trina Solar, and Wuxi
                                               results of the administrative review and                Administrative Review: Crystalline Silicon            Suntech for the period January 1, 2013,
                                               that we are amending the final results                  Photovoltaic Cells, Whether or Not Assembled into     through December 31, 2013, are as
                                               with respect to the total ad valorem                    Modules, from the People’s Republic of China, 81
                                                                                                       FR 46904 (July 19, 2016) (Final Results), and         follows:
                                               countervailable subsidy rate assigned to                accompanying Issues and Decision Memorandum.
                                               JA Solar Technology Yangzhou Co., Ltd.                    2 See Final Results, 81 FR at 46905.
                                               and its cross-owned affiliates                            3 Id.

                                               (collectively, JA Solar), Changzhou                       4 Id.

                                               Trina Solar Energy Co., Ltd. (Trina                       5 Id.

                                               Solar), and Wuxi Suntech Power Co.,                       6 See Changzhou Trina Solar Energy Co. v. United
                                                                                                                                                               9 Id.
                                               Ltd. (Wuxi Suntech).                                    States, Slip Op. 17–106, Court No. 16–00157 (CIT
                                                                                                       2017) (Trina Solar).                                    10 See Changzhou Trina Solar Energy Co., Ltd. v.
                                               DATES: Applicable April 6, 2018.                          7 Id. at 3.
                                                                                                                                                             United States, Slip Op. 18–31, Court No. 16–00157
                                               FOR FURTHER INFORMATION CONTACT:                          8 See Commerce Memorandum, ‘‘Changzhou              (CIT 2018).
                                               Kaitlin Wojnar at (202) 482–3857, AD/                   Trina Solar Energy Co. v. United States, Court of       11 See Timken Co. v. United States, 893 F.2d 337,
                                                                                                       International Trade Consolidated Court No. 16–
                                               CVD Operations, Office VII,                             00157: Final Results of Redetermination Pursuant to
                                                                                                                                                             341 (Fed. Cir. 1990) (Timken).
                                               Enforcement and Compliance,                             Remand,’’ November 30, 2017 (Remand
                                                                                                                                                               12 See Diamond Sawblades Mfrs. Coalition v.
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                                               International Trade Administration,                     Redetermination).                                     United States, 626 F.3d 1374 (Fed. Cir. 2010)
                                                                                                                                                             (Diamond Sawblades).




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Document Created: 2018-04-09 23:51:52
Document Modified: 2018-04-09 23:51:52
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 April 10, 2018.
ContactDmitry Vladimirov, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0665.
FR Citation83 FR 15361 

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