83_FR_15434 83 FR 15365 - Certain Tool Chests and Cabinets From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value

83 FR 15365 - Certain Tool Chests and Cabinets From the People's Republic of China: 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 Range15365-15368
FR Document2018-07315

The Department of Commerce (Commerce) determines that imports of certain tool chests and cabinets (tool chests) from the People's Republic of China (China) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The final dumping margins of sales at LTFV are 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 15365-15368]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07315]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-056]


Certain Tool Chests and Cabinets From the People's Republic of 
China: 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 People's 
Republic of China (China) are being, or are likely to be, sold in the 
United States at less than fair value (LTFV). The final dumping margins 
of sales at LTFV are listed in the ``Final Determination'' section of 
this notice.

DATES: Applicable April 10, 2018.

FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or Andre Gziryan, 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) 482-5760 and (202) 482-2201, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce published the Preliminary Determination in the LTFV 
investigation of tool chests from China on November 16, 2017.\1\ 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 People's 
Republic of China: Preliminary Affirmative Determination of Sales at 
Less Than Fair Value, Postponement of Final Determination, and 
Extension of Provisional Measures, 82 FR 53456 (November 16, 2017) 
(Preliminary Determination) and accompanying Preliminary Decision 
Memorandum.
    \2\ See the Memorandum, ``Certain Tool Chests and Cabinets from 
the People's Republic of China: 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 
China. 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 at 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

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(the Act), we verified the U.S. sales and factors of production 
information submitted by the Tongrun Single Entity \3\ in December 2017 
and January 2018.\4\ We used standard verification procedures, 
including an examination of relevant accounting and production records, 
and original source documents provided by the Tongrun Single Entity. 
Because Geelong Sales (Macao Commercial Offshore) Limited (Geelong), 
the other mandatory respondent in this investigation, informed Commerce 
that it would not participate in the

[[Page 15366]]

verification, Commerce did not conduct a verification of Geelong's 
responses.
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    \3\ The Tongrun Single Entity is comprised of Jiangsu Tongrun 
Equipment Technology Co., Ltd., Changshu Taron Machinery Equipment 
Manufacturing Co., Ltd., Changshu Tongrun Mechanical & Electrical 
Equipment Manufacture Co., Ltd., and Shanghai Tongrun Import and 
Export Co., Ltd. See Preliminary Results, 82 FR at 53457, n.10, and 
accompanying Preliminary Decision Memorandum at 5-7.
    \4\ See the Reports, ``Less-Than-Fair-Value Investigation of 
Certain Tool Chests and Cabinets from the People's Republic of 
China: Verification of the Export Price Sales and Factors of 
Production Response of the Tongrun Single Entity,'' and ``Less-Than-
Fair-Value Investigation of Certain Tool Chests and Cabinets from 
the People's Republic of China: Verification of the Constructed 
Export Price Sales Response of the Tongrun Single Entity,'' dated 
January 18, 2018.
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China-Wide Entity and Use of Adverse Facts Available

    Geelong has prevented Commerce from conducting verification of its 
questionnaire responses, including its claim that it is a wholly 
foreign-owned company. Therefore, we find that Geelong has failed to 
demonstrate its eligibility for a separate rate and is considered part 
of the China-wide entity. We continue to find that the use of facts 
available is warranted in determining the rate of the China-wide entity 
pursuant to section 776(a)(1) and (a)(2)(A)-(C) of the Act.\5\ Further, 
use of facts available is also warranted pursuant to sections 
776(a)(2)(C)-(D) of the Act because, by refusing to allow us to conduct 
verifications, Geelong, which is part of the China-wide entity, 
significantly impeded the proceeding, as Geelong's questionnaire 
responses and data could not be verified.
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    \5\ See Preliminary Determination and accompanying Preliminary 
Decision Memorandum at 18-21.
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    Further, we found that the China-wide entity, which includes 
Geelong and other uncooperative respondents, did not cooperate to the 
best of its ability to comply with our requests for information and, 
accordingly, we determined it appropriate to apply adverse inferences 
in selecting from the facts available, pursuant to section 776(b) of 
the Act and 19 CFR 351.308(a).

Changes From the Preliminary Determination

    Based on our analysis of the comments received and our findings at 
verification, we made certain changes to our dumping margin calculation 
for the Tongrun Single Entity.\6\ We also found that Geelong is part of 
the China-wide entity and, consistent with our Preliminary 
Determination, determined to base the China-wide entity's dumping 
margin on total adverse facts available. We relied on the highest 
control-number-specific dumping margin calculated for Geelong in the 
Preliminary Determination to determine the rate for the China-wide 
entity of 244.29 percent.\7\
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    \6\ See Issues and Decision Memorandum for a discussion of these 
changes.
    \7\ Id. at Comment 1 for a full discussion of this issue.
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Combination Rates

    Consistent with Preliminary Determination \8\ and Policy Bulletin 
05.1,\9\ Commerce calculated combination rates for the respondents that 
are eligible for a separate rate in this investigation.
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    \8\ See Preliminary Determinations, 82 FR at 53457-58.
    \9\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations involving Non-Market Economy 
Countries,'' dated April 5, 2005 (Policy Bulletin 05.1), available 
on Commerce's website at http://enforcement.trade.gov/policy/bull05-1.pdf.
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Final Determination

    Commerce determines that the following weighted-average dumping 
margins exist:

----------------------------------------------------------------------------------------------------------------
                                                                                     Estimated
                                                                                     weighted-     adjusted cash
                  Exporter                                 Producer                   average      deposit rate
                                                                                  dumping margin     (percent)
                                                                                     (percent)
----------------------------------------------------------------------------------------------------------------
The Tongrun Single Entity..................  Changshu City Jiangrun Metal                  97.11           93.94
                                              Product Co., Ltd.
The Tongrun Single Entity..................  The Tongrun Single Entity..........           97.11           93.94
Changzhou Machan Steel Furniture Co., Ltd..  Changzhou Machan Steel Furniture              97.11           93.94
                                              Co., Ltd.
Guangdong Hisense Home Appliances Co., Ltd.  Guangdong Hisense Home Appliances             97.11           93.94
                                              Co., Ltd.
Hyxion Metal Industry......................  Hyxion Metal Industry..............           97.11           93.94
Jin Rong Hua Le Metal Manufactures Co., Ltd  Jin Rong Hua Le Metal Manufactures            97.11           93.94
                                              Co., Ltd.
Ningbo Safewell International Holding Corp.  Zhejiang Xiunan Leisure Products              97.11           93.94
                                              Co., Ltd.
Pinghu Chenda Storage Office Equipment Co.,  Pinghu Chenda Storage Office                  97.11           93.94
 Ltd.                                         Equipment Co., Ltd.
Pooke Technology Co., Ltd..................  Pooke Technology Co., Ltd..........           97.11           93.94
Shanghai All-Fast International Trade Co.,   Kunshan Trusteel Industry Co. Ltd..           97.11           93.94
 Ltd.
Shanghai All-Fast International Trade Co.,   Shanghai All-Hop Industry Co., Ltd.           97.11           93.94
 Ltd.
Shanghai All-Fast International Trade Co.,   Shanghai Hom-Steel Industry Co.,              97.11           93.94
 Ltd.                                         Ltd.
Shanghai All-Hop Industry Co., Ltd.........  Shanghai All-Hop Industry Co., Ltd.           97.11           93.94
Trantex Product (Zhong Shan) Co., Ltd......  Trantex Product (Zhong Shan) Co.,             97.11           93.94
                                              Ltd.
China-Wide Entity..........................  ...................................          244.29          241.12
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Disclosure

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

Continuation of Suspension of Liquidation

    In accordance with sections 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 China, 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 \10\ equal to the 
weighted-average amount by which the normal value exceeds U.S. price as 
follows: (1) The cash deposit rate for the exporter/producer 
combinations listed in the table above will be the rate identified in 
the table; (2) for all combinations of Chinese exporters/producers of 
merchandise under consideration that have not received their own 
separate rate above, the cash-deposit rate will be the cash deposit 
rate established for the China-wide entity; and (3) for all non-Chinese 
exporters of merchandise under consideration which have not received 
their own separate rate above, the cash-deposit rate will be the cash 
deposit rate applicable to the Chinese exporter/producer combination 
that supplied that non-Chinese exporter. These suspension of 
liquidation instructions will remain in effect until further notice.
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    \10\ 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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[[Page 15367]]

    Commerce published the countervailing duty order in the concurrent 
countervailing duty investigation of tool chests from China.\11\ 
Therefore, we have adjusted the cash deposit rates by deducting 
applicable estimated domestic subsidy pass-through rates from the final 
margins. For the Tongrun Single Entity, the non-selected respondents 
eligible for a separate rate, and the China-wide entity, the applicable 
estimated domestic subsidy pass-through constitutes 3.17 percent.\12\ 
In the final determination of the concurrent countervailing duty 
investigation, we made no findings that any of the programs are export-
contingent.\13\ Therefore, we did not deduct export subsidies from the 
final margins. Accordingly, the cash deposit rates are 93.94 percent 
for the Tongrun Single Entity and the non-selected respondents eligible 
for a separate rate, and 241.12 percent for the China-wide entity.
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    \11\ See Certain Tool Chests and Cabinets from the People's 
Republic of China: Countervailing Duty Order, 83 FR 3299 (January 
24, 2018). See also Certain Tool Chests and Cabinets from the 
People's Republic of China: Final Affirmative Countervailing Duty 
Determination, 82 FR 56582 (November 29, 2017) (Tool Chests China 
CVD Final) and accompanying Issues and Decision Memorandum.
    \12\ See Tool Chests China CVD Final and accompanying Issues and 
Decision Memorandum at 9-10. See also the Memorandum, ``Certain Tool 
Chests and Cabinets from the People's Republic of China: Final 
Double Remedy Memorandum,'' dated concurrently with this notice at 
Attachment 1 for our calculations of the estimated domestic subsidy 
pass-through rates.
    \13\ See Tool Chests China CVD Final and accompanying Issues and 
Decision Memorandum. See also, e.g., Circular Welded Carbon-Quality 
Steel Pipe from Pakistan: Affirmative Preliminary Determination of 
Sales at Less Than Fair Value and Postponement of Final 
Determination and Extension of Provisional Measures, 81 FR 36867 
(June 8, 2016), and accompanying Preliminary Decision Memorandum at 
13, unchanged in Circular Welded Carbon-Quality Steel Pipe from 
Pakistan: Final Affirmative Determination of Sales at Less Than Fair 
Value, 81 FR 75028 (October 28, 2016).
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International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission (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 China 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 People's Republic of China (China). 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 China 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 China 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

[[Page 15368]]

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] TN10AP18.003

    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.\14\ 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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    \14\ 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 the Memorandum, ``Requests from Customs and 
Border Protection to Update the ACE Case Reference File,'' dated 
February 8, 2018.
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Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope Comments
IV. Surrogate Country
V. Separate Rates
VI. China-Wide Rate
VII. Adjustments to Cash Deposit Rates
VIII. Changes Since the Preliminary Determination
IX. Discussion of the Issues
    a. Denial of Separate Rate Eligibility and the Application of an 
AFA Rate
    b. The Tongrun Single Entity
X. Recommendation

[FR Doc. 2018-07315 Filed 4-9-18; 8:45 am]
 BILLING CODE 3510-DS-P

Federal Register / Vol. 83, No. 69 / Tuesday, April 10, 2018 / Notices 15365 Subsidy rates Dated: April 4, 2018. Period of Investigation Producer/exporter (percent) Gary Taverman, The period of investigation is October Deputy Assistant Secretary for Antidumping 1, 2016, through March 31, 2017. JA Solar Technology and Countervailing Duty Operations, Yangzhou Co., Ltd.13 ........ 24.66 performing the non-exclusive functions and Scope of the Investigation Changzhou Trina Solar En- duties of the Assistant Secretary for ergy Co., Ltd. .................... 24.66 The products covered by this Enforcement and Compliance. Wuxi Suntech Power Co., investigation are tool chests from China. [FR Doc. 2018–07317 Filed 4–9–18; 8:45 am] Ltd. .................................... 24.66 For a full description of the scope of this BILLING CODE 3510–DS–P investigation, see the ‘‘Scope of the Investigation’’ in Appendix I of this In the eventthat the CIT’s rulings are notice. not appealed or, if appealed, are upheld DEPARTMENT OF COMMERCE by a final and conclusive court decision, Analysis of Comments Received International Trade Administration Commerce will instruct Customs and All issues raised in the case and Border Protection (CBP) to assess [A–570–056] rebuttal briefs that were submitted by antidumping duties on unliquidated parties in this investigation are entries of subject merchandise based on Certain Tool Chests and Cabinets addressed in the Issues and Decision the revised countervailing duty rates From the People’s Republic of China: Memorandum. A list of issues raised is Final Affirmative Determination of attached to this notice at Appendix II. listed above. Sales at Less Than Fair Value The Issues and Decision Memorandum Cash Deposit Requirements is a public document and is made AGENCY: Enforcement and Compliance, Since the Final Results, Commerce International Trade Administration, available to the public via Enforcement Department of Commerce. and Compliance’s Antidumping and has established a new cash deposit rate SUMMARY: The Department of Commerce Countervailing Duty Centralized for Trina Solar and Wuxi Suntech.14 (Commerce) determines that imports of Electronic Service System (ACCESS). Therefore, this amended final certain tool chests and cabinets (tool ACCESS is available to registered users determination does not change the later- chests) from the People’s Republic of at http://access.trade.gov and to all established cash deposit rates for Trina China (China) are being, or are likely to parties in Commerce’s Central Records Solar and Wuxi Suntech. JA Solar does be, sold in the United States at less than Unit, room B8024 of the main not have a superseding cash deposit rate fair value (LTFV). The final dumping Department of Commerce building. In and, therefore, Commerce will issue margins of sales at LTFV are listed in addition, a complete version of the revised cash deposit instructions to the ‘‘Final Determination’’ section of Issues and Decision Memorandum can CBP, adjusting the cash deposit rate for this notice. be accessed directly on the internet at JA solar to 24.66 percent, effective April DATES: Applicable April 10, 2018. http://enforcement.trade.gov/frn/. 6, 2018. FOR FURTHER INFORMATION CONTACT: Verification Notification to Interested Parties Yang Jin Chun or Andre Gziryan, AD/ CVD Operations, Office I, Enforcement As provided in section 782(i) of the This notice is issued and published in and Compliance, International Trade Tariff Act of 1930, as amended (the Act), accordance with section 516A(e)(1), Administration, U.S. Department of we verified the U.S. sales and factors of Commerce, 1401 Constitution Avenue production information submitted by 751(a)(1), and 777(i)(1) of the Act. NW, Washington, DC 20230; telephone: the Tongrun Single Entity 3 in December 13 Commerce found JA Solar Technology (202) 482–5760 and (202) 482–2201, 2017 and January 2018.4 We used Yangzhou Co., Ltd. to be cross owned with the respectively. standard verification procedures, following companies: JingAo Solar Co., Ltd.; JA including an examination of relevant SUPPLEMENTARY INFORMATION: accounting and production records, and Solar Technology Yangzhou Co., Ltd.; Jing Hai Yang Semiconductor Material (Donghai) Co., Ltd.; Background original source documents provided by Donghai JA Solar Technology Co., Ltd.; JA (Hefei) Renewable Energy Co., Ltd.; Hefei JA Solar Commerce published the Preliminary the Tongrun Single Entity. Because Technology Co., Ltd.; Solar Silicon Valley Determination in the LTFV investigation Geelong Sales (Macao Commercial Electronic Science and Technology Co., Ltd.; Hebei of tool chests from China on November Offshore) Limited (Geelong), the other 16, 2017.1 For a complete description of mandatory respondent in this Ningjin Songgong Semiconductor Co., Ltd.; Shanghai JA Solar Technology Co., Ltd.; Ningjin Songgong Electronic Materials Co., Ltd.; JingLong the events that followed the Preliminary investigation, informed Commerce that Industry and Commerce Group Co., Ltd.; Ningjin Determination, see the Issues and it would not participate in the Guiguang Electronic .Investment Co., Ltd.; Decision Memorandum dated Yangguang Guifeng Electronic Technology Co., Ltd.; 3 The Tongrun Single Entity is comprised of Ninjing Jingxing Electronic Materials Co., Ltd.; concurrently with, and hereby adopted Jiangsu Tongrun Equipment Technology Co., Ltd., Ningjin Saimei Ganglong Electronic Materials Co., by, this notice.2 Changshu Taron Machinery Equipment Ltd.; Jingwei Electronic Material Co., Ltd.; Ningjin Manufacturing Co., Ltd., Changshu Tongrun Changlong Electronic Materials Manufacturing Co.; 1 See Certain Tool Chests and Cabinets from the Mechanical & Electrical Equipment Manufacture Ningjin Jingfeng Electronic Materials Co., Ltd.; People’s Republic of China: Preliminary Affirmative Co., Ltd., and Shanghai Tongrun Import and Export Ningjin County Jingyuan New Energy Investment Determination of Sales at Less Than Fair Value, Co., Ltd. See Preliminary Results, 82 FR at 53457, Co., Ltd.; Xingtai Jinglong Electronic Materials Co., Postponement of Final Determination, and n.10, and accompanying Preliminary Decision Ltd.; Hebei Yujing Electronic Science and Extension of Provisional Measures, 82 FR 53456 Memorandum at 5–7. Technology Co., Ltd.; Hebei Ningtong Electronic (November 16, 2017) (Preliminary Determination) 4 See the Reports, ‘‘Less-Than-Fair-Value daltland on DSKBBV9HB2PROD with NOTICES Materials Co., Ltd.; and Ningjing Sunshine New and accompanying Preliminary Decision Investigation of Certain Tool Chests and Cabinets Energy Co., Ltd. See Final Results. Memorandum. from the People’s Republic of China: Verification of 14 See Crystalline Silicon Photovoltaic Cells, 2 See the Memorandum, ‘‘Certain Tool Chests and the Export Price Sales and Factors of Production Whether or Not Assembled into Modules, from the Cabinets from the People’s Republic of China: Response of the Tongrun Single Entity,’’ and ‘‘Less- People’s Republic of China: Final Results of Issues and Decision Memorandum for the Final Than-Fair-Value Investigation of Certain Tool Countervailing Duty Administrative Review, and Affirmative Determination of Sales at Less Than Chests and Cabinets from the People’s Republic of Partial Rescission of Countervailing Duty Fair Value,’’ dated concurrently with and hereby China: Verification of the Constructed Export Price Administrative Review; 2014, 82 FR 32678, 32680 adopted by this notice (Issues and Decision Sales Response of the Tongrun Single Entity,’’ dated (July 17, 2017). Memorandum). January 18, 2018. VerDate Sep<11>2014 16:56 Apr 09, 2018 Jkt 244001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\10APN1.SGM 10APN1

15366 Federal Register / Vol. 83, No. 69 / Tuesday, April 10, 2018 / Notices verification, Commerce did not conduct significantly impeded the proceeding, as Preliminary Determination, determined a verification of Geelong’s responses. Geelong’s questionnaire responses and to base the China-wide entity’s dumping data could not be verified. margin on total adverse facts available. China-Wide Entity and Use of Adverse Further, we found that the China- Facts Available We relied on the highest control- wide entity, which includes Geelong number-specific dumping margin Geelong has prevented Commerce and other uncooperative respondents, calculated for Geelong in the from conducting verification of its did not cooperate to the best of its Preliminary Determination to determine questionnaire responses, including its ability to comply with our requests for the rate for the China-wide entity of claim that it is a wholly foreign-owned information and, accordingly, we 244.29 percent.7 company. Therefore, we find that determined it appropriate to apply Geelong has failed to demonstrate its adverse inferences in selecting from the Combination Rates eligibility for a separate rate and is facts available, pursuant to section considered part of the China-wide Consistent with Preliminary 776(b) of the Act and 19 CFR 351.308(a). entity. We continue to find that the use Determination 8 and Policy Bulletin of facts available is warranted in Changes From the Preliminary 05.1,9 Commerce calculated determining the rate of the China-wide Determination combination rates for the respondents entity pursuant to section 776(a)(1) and Based on our analysis of the that are eligible for a separate rate in (a)(2)(A)–(C) of the Act.5 Further, use of comments received and our findings at this investigation. facts available is also warranted verification, we made certain changes to Final Determination pursuant to sections 776(a)(2)(C)–(D) of our dumping margin calculation for the the Act because, by refusing to allow us Tongrun Single Entity.6 We also found Commerce determines that the to conduct verifications, Geelong, which that Geelong is part of the China-wide following weighted-average dumping is part of the China-wide entity, entity and, consistent with our margins exist: Estimated weighted-aver- adjusted cash Exporter Producer age dumping deposit rate margin (percent) (percent) The Tongrun Single Entity ............................................ Changshu City Jiangrun Metal Product Co., Ltd ......... 97.11 93.94 The Tongrun Single Entity ............................................ The Tongrun Single Entity ............................................ 97.11 93.94 Changzhou Machan Steel Furniture Co., Ltd .............. Changzhou Machan Steel Furniture Co., Ltd .............. 97.11 93.94 Guangdong Hisense Home Appliances Co., Ltd ......... Guangdong Hisense Home Appliances Co., Ltd ......... 97.11 93.94 Hyxion Metal Industry ................................................... Hyxion Metal Industry ................................................... 97.11 93.94 Jin Rong Hua Le Metal Manufactures Co., Ltd ........... Jin Rong Hua Le Metal Manufactures Co., Ltd ........... 97.11 93.94 Ningbo Safewell International Holding Corp ................ Zhejiang Xiunan Leisure Products Co., Ltd ................. 97.11 93.94 Pinghu Chenda Storage Office Equipment Co., Ltd .... Pinghu Chenda Storage Office Equipment Co., Ltd .... 97.11 93.94 Pooke Technology Co., Ltd .......................................... Pooke Technology Co., Ltd .......................................... 97.11 93.94 Shanghai All-Fast International Trade Co., Ltd ............ Kunshan Trusteel Industry Co. Ltd .............................. 97.11 93.94 Shanghai All-Fast International Trade Co., Ltd ............ Shanghai All-Hop Industry Co., Ltd .............................. 97.11 93.94 Shanghai All-Fast International Trade Co., Ltd ............ Shanghai Hom-Steel Industry Co., Ltd ........................ 97.11 93.94 Shanghai All-Hop Industry Co., Ltd .............................. Shanghai All-Hop Industry Co., Ltd .............................. 97.11 93.94 Trantex Product (Zhong Shan) Co., Ltd ....................... Trantex Product (Zhong Shan) Co., Ltd ....................... 97.11 93.94 China-Wide Entity ......................................................... ....................................................................................... 244.29 241.12 Disclosure of this notice, which were entered, or Chinese exporters/producers of withdrawn from warehouse, for merchandise under consideration that We intend to disclose the calculations consumption on or after November 16, have not received their own separate performed to parties in this proceeding 2017, the date of publication of the rate above, the cash-deposit rate will be within five days after public Preliminary Determination of this the cash deposit rate established for the announcement of the final investigation in the Federal Register. China-wide entity; and (3) for all non- determination in accordance with 19 CFR 351.224(b). Pursuant to 19 CFR 351.210(d), upon Chinese exporters of merchandise under the publication of this notice, consideration which have not received Continuation of Suspension of Commerce will instruct CBP to require their own separate rate above, the cash- Liquidation a cash deposit 10 equal to the weighted- deposit rate will be the cash deposit rate In accordance with sections average amount by which the normal applicable to the Chinese exporter/ 735(c)(1)(B) of the Act, Commerce will value exceeds U.S. price as follows: (1) producer combination that supplied that instruct U.S. Customs and Border The cash deposit rate for the exporter/ non-Chinese exporter. These suspension Protection (CBP) to continue to suspend producer combinations listed in the of liquidation instructions will remain liquidation of all entries of tool chests table above will be the rate identified in in effect until further notice. from China, as described in Appendix I the table; (2) for all combinations of daltland on DSKBBV9HB2PROD with NOTICES 5 See Preliminary Determination and 8 See Preliminary Determinations, 82 FR at Bulletin 05.1), available on Commerce’s website at accompanying Preliminary Decision Memorandum 53457–58. http://enforcement.trade.gov/policy/bull05-1.pdf. at 18–21. 9 See Enforcement and Compliance’s Policy 10 See Modification of Regulations Regarding the 6 See Issues and Decision Memorandum for a Bulletin No. 05.1, regarding, ‘‘Separate-Rates Practice of Accepting Bonds During the Provisional discussion of these changes. Practice and Application of Combination Rates in Measures Period in Antidumping and 7 Id. at Comment 1 for a full discussion of this Antidumping Investigations involving Non-Market Countervailing Duty Investigations, 76 FR 61042 issue. Economy Countries,’’ dated April 5, 2005 (Policy (October 3, 2011). VerDate Sep<11>2014 16:56 Apr 09, 2018 Jkt 244001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\10APN1.SGM 10APN1

Federal Register / Vol. 83, No. 69 / Tuesday, April 10, 2018 / Notices 15367 Commerce published the proceeding will be terminated and all and may bear a Universal Product Code, countervailing duty order in the securities posted will be refunded or along with photographs, pictures, images, concurrent countervailing duty canceled. If the ITC determines that features, artwork, and/or product specifications. Subject tool chests and investigation of tool chests from such injury does exist, Commerce will cabinets are covered whether imported in China.11 Therefore, we have adjusted issue an antidumping duty order assembled or unassembled form. Subject the cash deposit rates by deducting directing CBP to assess, upon further merchandise includes tool chests and applicable estimated domestic subsidy instruction by Commerce, antidumping cabinets produced in China but assembled, pass-through rates from the final duties on all imports of the subject prepackaged for retail sale, or subject to other margins. For the Tongrun Single Entity, merchandise entered, or withdrawn minor processing in a third country prior to the non-selected respondents eligible for from warehouse, for consumption on or importation into the United States. Similarly, a separate rate, and the China-wide it would include tool chests and cabinets after the effective date of the suspension produced in China that are assembled, entity, the applicable estimated of liquidation. prepackaged for retail sale, or subject to other domestic subsidy pass-through minor processing after importation into the constitutes 3.17 percent.12 In the final Notification Regarding Administrative Protective Order United States. determination of the concurrent Subject tool chests and cabinets may also countervailing duty investigation, we This notice will serve as a reminder have doors and shelves in addition to made no findings that any of the to the parties subject to administrative drawers, may have handles (typically programs are export-contingent.13 protective order (APO) of their mounted on the sides), and may have a work Therefore, we did not deduct export responsibility concerning the surface on the top. Subject tool chests and cabinets may be uncoated (e.g., stainless subsidies from the final margins. disposition of proprietary information steel), painted, powder coated, galvanized, or Accordingly, the cash deposit rates are disclosed under APO in accordance otherwise coated for corrosion protection or 93.94 percent for the Tongrun Single with 19 CFR 351.305(a)(3). Timely aesthetic appearance. Entity and the non-selected respondents written notification of return or Subject tool chests and cabinets may be eligible for a separate rate, and 241.12 destruction of APO materials or packaged as individual units or in sets. When percent for the China-wide entity. conversion to judicial protective order is packaged in sets, they typically include a hereby requested. Failure to comply cabinet with one or more chests that stack on International Trade Commission top of the cabinet. Tool cabinets act as a base with the regulations and terms of an Notification tool storage unit and typically have rollers, APO is a sanctionable violation. casters, or wheels to permit them to be In accordance with section 735(d) of This determination is issued and moved more easily when loaded with tools. the Act, we will notify the International published in accordance with sections Work stations and mobile work benches are Trade Commission (ITC) of our final 735(d) and 777(i)(1) of the Act and 19 tool cabinets with a work surface on the top affirmative determination of sales at CFR 351.210(c). that may be made of rubber, plastic, metal, LTFV. Because the final determination wood, or other materials. Dated: April 3, 2018. Top chests are designed to be used with a in this proceeding is affirmative, in Gary Taverman, tool cabinet to form a tool storage unit. The accordance with section 735(b)(2) of the Act, the ITC will make its final Deputy Assistant Secretary for Antidumping top chests may be mounted on top of the base and Countervailing Duty Operations, tool cabinet or onto an intermediate chest. determination as to whether the They are often packaged as a set with tool performing the non-exclusive functions and domestic industry in the United States duties of the Assistant Secretary for cabinets or intermediate chests, but may also is materially injured, or threatened with Enforcement and Compliance. be packaged separately. They may be material injury, by reason of imports of packaged with mounting hardware (e.g., subject merchandise from China no later Appendix I bolts) and instructions for assembling them than 45 days after our final Scope of the Investigation onto the base tool cabinet or onto an determination. If the ITC determines intermediate tool chest which rests on the The scope of this investigation covers base tool cabinet. Smaller top chests typically that such injury does not exist, this certain metal tool chests and tool cabinets, have handles on the sides, while the larger with drawers, (tool chests and cabinets), from top chests typically lack handles. 11 See Certain Tool Chests and Cabinets from the the People’s Republic of China (China). The Intermediate tool chests are designed to fit on People’s Republic of China: Countervailing Duty scope covers all metal tool chests and Order, 83 FR 3299 (January 24, 2018). See also top of the floor standing tool cabinet and to cabinets, including top chests, intermediate be used underneath the top tool chest. Certain Tool Chests and Cabinets from the People’s Republic of China: Final Affirmative Countervailing chests, tool cabinets and side cabinets, Although they may be packaged or used Duty Determination, 82 FR 56582 (November 29, storage units, mobile work benches, and separately from the tool cabinet, intermediate 2017) (Tool Chests China CVD Final) and work stations and that have the following chests are designed to be used in conjunction accompanying Issues and Decision Memorandum. physical characteristics: with tool cabinets. The intermediate chests 12 See Tool Chests China CVD Final and (1) A body made of carbon, alloy, or typically do not have handles. The accompanying Issues and Decision Memorandum at stainless steel and/or other metals; intermediate and top chests may have the 9–10. See also the Memorandum, ‘‘Certain Tool (2) two or more drawers for storage in each capability of being bolted together. Chests and Cabinets from the People’s Republic of individual unit; Side cabinets are designed to be bolted or China: Final Double Remedy Memorandum,’’ dated (3) a width (side to side) exceeding 15 concurrently with this notice at Attachment 1 for otherwise attached to the side of the base our calculations of the estimated domestic subsidy inches for side cabinets and exceeding 21 storage cabinet to expand the storage capacity pass-through rates. inches for all other individual units but not of the base tool cabinet. 13 See Tool Chests China CVD Final and exceeding 60 inches; Subject tool chests and cabinets also may accompanying Issues and Decision Memorandum. (4) a body depth (front to back) exceeding be packaged with a tool set included. See also, e.g., Circular Welded Carbon-Quality Steel 10 inches but not exceeding 24 inches; and Packaging a subject tool chest and cabinet Pipe from Pakistan: Affirmative Preliminary (5) prepackaged for retail sale. with a tool set does not remove an otherwise daltland on DSKBBV9HB2PROD with NOTICES Determination of Sales at Less Than Fair Value and For purposes of this scope, the width covered subject tool chest and cabinet from Postponement of Final Determination and parameter applies to each individual unit, the scope. When this occurs, the tools are not Extension of Provisional Measures, 81 FR 36867 i.e., each individual top chest, intermediate part of the subject merchandise. (June 8, 2016), and accompanying Preliminary Decision Memorandum at 13, unchanged in top chest, tool cabinet, side cabinet, storage All tool chests and cabinets that meet the Circular Welded Carbon-Quality Steel Pipe from unit, mobile work bench, and work station. above definition are included in the scope Pakistan: Final Affirmative Determination of Sales Prepackaged for retail sale means the units unless otherwise specifically excluded. at Less Than Fair Value, 81 FR 75028 (October 28, may, for example, be packaged in a cardboard Excluded from the scope of the 2016). box, other type of container or packaging, investigation are tool boxes, chests, and VerDate Sep<11>2014 16:56 Apr 09, 2018 Jkt 244001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\10APN1.SGM 10APN1

15368 Federal Register / Vol. 83, No. 69 / Tuesday, April 10, 2018 / Notices cabinets with bodies made of plastic, carbon (1) Having a body that is over 60 inches in (b) a body depth (front to back) exceeding fiber, wood, or other non-metallic substances. width; or 21 inches; and Also excluded from the scope of the (2) having each of the following physical (c) a unit weight that exceeds the investigation are industrial grade steel tool characteristics: maximum unit weight shown below for each chests and cabinets. The excluded industrial (a) a body made of steel that is 0.047 inches width range: grade steel tool chests and cabinets are those: or more in thickness; Also excluded from the scope of the Merchandise subject to this investigation is a. Denial of Separate Rate Eligibility and investigation are service carts. The excluded classified under HTSUS categories the Application of an AFA Rate service carts have all of the following 9403.20.0021, 9403.20.0026, 9403.20.0030, b. The Tongrun Single Entity characteristics: 9403.20.0080, 9403.20.0090, and X. Recommendation (1) Casters, wheels, or other similar devices 7326.90.8688, but may also be classified [FR Doc. 2018–07315 Filed 4–9–18; 8:45 am] which allow the service cart to be rolled from under HTSUS category 7326.90.3500.14 place to place; While HTSUS subheadings are provided for BILLING CODE 3510–DS–P (2) an open top for storage, a flat top, or convenience and Customs purposes, the a flat lid on top of the unit that opens; written description of the scope of this (3) a space or gap between the casters, investigation is dispositive. DEPARTMENT OF COMMERCE wheels, or other similar devices, and the bottom of the enclosed storage space (e.g., Appendix II International Trade Administration drawers) of at least 10 inches; and List of Topics Discussed in the Issues and [A–351–842] (4) a total unit height, including casters, of Decision Memorandum less than 48 inches. Also excluded from the scope of the I. Summary Certain Uncoated Paper From Brazil: II. Background Preliminary Results of Antidumping investigation are non-mobile work benches. III. Scope Comments Duty Administrative Review; 2015– The excluded non-mobile work benches have IV. Surrogate Country 2017 all of the following characteristics: V. Separate Rates (1) A solid top working surface; VI. China-Wide Rate AGENCY: Enforcement and Compliance, (2) no drawers, one drawer, or two drawers VII. Adjustments to Cash Deposit Rates in a side-by-side configuration; and International Trade Administration, VIII. Changes Since the Preliminary Department of Commerce. (3) the unit is supported by legs and has Determination daltland on DSKBBV9HB2PROD with NOTICES no solid front, side, or back panels enclosing IX. Discussion of the Issues SUMMARY: The Department of Commerce the body of the unit. (Commerce) preliminarily determines Also excluded from the scope of this 14 On February 8, 2018, Commerce included that certain uncoated paper (uncoated investigation are metal filing cabinets that are HTSUS subheadings 9403.20.0080 and paper) from Brazil is being, or is likely configured to hold hanging file folders and 9403.20.0090 to the case reference files, pursuant to are classified in the Harmonized Tariff to be, sold in the United States at less requests by CBP. See the Memorandum, ‘‘Requests Schedule of the United States (HTSUS) at from Customs and Border Protection to Update the than fair value. EN10AP18.003</GPH> subheading 9403.10.0020. ACE Case Reference File,’’ dated February 8, 2018. DATES: Applicable April 10, 2018. VerDate Sep<11>2014 16:56 Apr 09, 2018 Jkt 244001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\10APN1.SGM 10APN1


Document Created: 2018-04-09 23:51:55
Document Modified: 2018-04-09 23:51:55
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.
ContactYang Jin Chun or Andre Gziryan, 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) 482-5760 and (202) 482-2201, respectively.
FR Citation83 FR 15365 
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