83_FR_62529 83 FR 62297 - Certain Steel Racks From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination

83 FR 62297 - Certain Steel Racks From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 232 (December 3, 2018)

Page Range62297-62300
FR Document2018-26172

The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of certain steel racks (steel racks) from the People's Republic of China (China) for the period of investigation (POI) January 1, 2017 through December 31, 2017. Interested parties are invited to comment on this preliminary determination.

Federal Register, Volume 83 Issue 232 (Monday, December 3, 2018) 
[Federal Register Volume 83, Number 232 (Monday, December 3, 2018)]
[Notices]
[Pages 62297-62300]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26172]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-089]


Certain Steel Racks From the People's Republic of China: 
Preliminary Affirmative Countervailing Duty Determination, and 
Alignment of Final Determination With Final Antidumping Duty 
Determination

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that countervailable subsidies are being provided to producers and 
exporters of certain steel racks (steel racks) from the People's 
Republic of China (China) for the period of investigation (POI) January 
1, 2017 through December 31, 2017. Interested parties are invited to 
comment on this preliminary determination.

DATES: Applicable December 3, 2018.

FOR FURTHER INFORMATION CONTACT: Eli Lovely, Aleksandras Nakutis or 
Robert Galantucci, AD/CVD Operations, Office IV, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 
(202) 482-1593, (202) 482-3147 or (202) 482-2923, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    This preliminary determination is made in accordance with section 
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on July 10, 
2018.\1\ On August 28, 2018, pursuant to a request from the Coalition 
for Fair Racks Imports (the petitioner),\2\ Commerce postponed the 
preliminary determination of this investigation to November 19, 
2018.\3\ For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\4\ A list of topics discussed in the Preliminary Decision 
Memorandum is included as Appendix II to this notice. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at http://access.trade.gov, and is available to all 
parties in the Central Records Unit, room B8024 of the main Department 
of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the 
Preliminary Decision Memorandum are identical in content.
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    \1\ See Certain Steel Racks from the People's Republic of China: 
Initiation of Countervailing Duty Investigation, 83 FR 33201 (July 
10, 2018) (Initiation Notice).
    \2\ See Letter, ``Certain Steel Racks from the People's Republic 
of China: Request to Postpone Preliminary Determination,'' dated 
August 9, 2018.
    \3\ See Countervailing Duty Investigation of Steel Racks from 
the People's Republic of China: Postponement of Preliminary 
Determination, 83 FR 43848 (August 28, 2018).
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination of the Countervailing Duty Investigation of Certain 
Steel Racks from the People's Republic of China,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Investigation

    The products covered by this investigation are steel racks from 
China. For a complete description of the scope of this investigation, 
see Appendix I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\5\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage, (i.e. , scope).\6\ Certain 
interested parties commented on the scope of the investigation as it 
appeared in the Initiation Notice. Commerce intends to issue its 
preliminary decision regarding comments concerning the scope of the 
antidumping duty and countervailing duty investigations in the 
preliminary determination of the companion antidumping duty (AD) 
investigation.
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    \5\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \6\ See Initiation Notice.
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Methodology

    Commerce is conducting this investigation in accordance with 
section 701 of the Act. For each of the subsidy programs found 
countervailable, Commerce preliminarily determines that there is a 
subsidy, i.e. , a financial contribution by an ``authority'' that gives 
rise to a benefit to the recipient, and that the subsidy is 
specific.\7\ In making these findings, Commerce relied, in part, on 
facts available and, because it finds that certain respondents did not 
act to the best of their ability to respond to Commerce's requests for 
information, it drew an adverse

[[Page 62298]]

inference where appropriate in selecting from among the facts otherwise 
available.\8\ For further information, see ``Use of Facts Otherwise 
Available and Adverse Inferences'' in the Preliminary Decision 
Memorandum.
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    \7\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
    \8\ See sections 776(a) and (b) of the Act.
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Alignment

    As noted in the Preliminary Decision Memorandum, in accordance with 
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is 
aligning the final countervailing duty determination in this 
investigation with the final determination in the companion antidumping 
duty investigation of steel racks from China based on a request made by 
the petitioner.\9\ Consequently, the final countervailing duty 
determination will be issued on the same date as the final antidumping 
determination, which is currently scheduled to be issued no later than 
April 1, 2019, unless postponed.
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    \9\ See Letter, ``Certain Steel Racks from the People's Republic 
of China: Request to Align Final Countervailing Duty and Antidumping 
Determinations,'' dated October 31, 2018.
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All-Others Rate

    Sections 703(d) and 705(c)(5)(A) of the Act provide that in the 
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. This rate shall be 
an amount equal to the weighted average of the estimated subsidy rates 
established for those companies individually examined, excluding any 
zero and de minimis rates and any rates based entirely under section 
776 of the Act.
    In this investigation, Commerce preliminarily assigned rates based 
entirely on facts available for Jiangsu Kingmore Storage Equipment 
Manufacturing Co., Ltd., Nanjing Huade Storage Equipment Manufacture 
Co., Ltd., Tangshan Apollo Energy Equipment Company, Ltd., and 13 
companies that failed to respond to our quantity and value (Q&V) 
questionnaire.\10\ Commerce calculated individual estimated 
countervailable subsidy rates for Nanjing Dongsheng Shelf Manufacturing 
Co., Ltd. (Nanjing Dongsheng) and Xiamen Aifei Metal Manufacturing Co., 
Ltd. (Aifeimetal). Therefore, Commerce calculated the all-others'' rate 
using a weighted average of the individual estimated subsidy rates 
calculated for Aifeimetal and Nanjing Dongsheng using each company's 
publicly-ranged values for the merchandise under consideration.\11\
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    \10\ The companies that did not respond to our Q&V questionnaire 
are: Designa Inc.; Dongguan Baike Electronic Co., Ltd.; Ezidone 
Display Corp. Ltd.; Fenghua Huige Metal Products Co., Ltd.; Formost 
Plastic Metal Works (Jiaxing) Co., Ltd.; Ningbo Bocheng Home 
Products Co., Ltd.; Ningbo Joys Imp. & Exp. Co., Ltd.; Ningbo Li 
Zhan Import & Export Co.; Qingdao Haineng Hardware Products Co., 
Ltd.; Qingdao Huatian Hand Truck Co., Ltd.; Qingdao Zeal-Line 
Stainless Steel Products Co., Ltd.; Seven Seas Furniture Industrial 
(Xiamen) Co., Ltd.; and Shijiazhuang Wells Trading & Mfg. Co., Ltd.
    \11\ With two respondents under examination, Commerce normally 
calculates (A) a weighted-average of the estimated subsidy rates 
calculated for the examined respondents; (B) a simple average of the 
estimated subsidy rates calculated for the examined respondents; and 
(C) a weighted-average of the estimated subsidy rates calculated for 
the examined respondents using each company's publicly-ranged U.S. 
sale quantities for the merchandise under consideration. Commerce 
then compares (B) and (C) to (A) and selects the rate closest to (A) 
as the most appropriate rate for all other producers and exporters. 
See, e.g. , Ball Bearings and Parts Thereof from France, Germany, 
Italy, Japan, and the United Kingdom: Final Results of Antidumping 
Duty Administrative Reviews, Final Results of Changed-Circumstances 
Review, and Revocation of an Order in Part, 75 FR 53661, 53663 
(September 1, 2010). As complete publicly ranged sales data was 
available, Commerce based the all-others rate on the publicly ranged 
sales data of the mandatory respondents. For a complete analysis of 
the data, please see the All-Others'' Rate Calculation Memorandum.
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Preliminary Determination

    Commerce preliminarily determines that the following estimated 
countervailable subsidy rates exist:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
Designa Inc.............................................          150.49
Dongguan Baike Electronic Co., Ltd......................          150.49
Ezidone Display Corp. Ltd...............................          150.49
Fenghua Huige Metal Products Co., Ltd...................          150.49
Formost Plastic Metal Works (Jiaxing) Co., Ltd..........          150.49
Jiangsu Kingmore Storage Equipment Manufacturing Co.,             150.49
 Ltd....................................................
Nanjing Dongsheng Shelf Manufacturing Co., Ltd..........            5.04
Nanjing Huade Storage Equipment Manufacture Co., Ltd....          150.49
Ningbo Bocheng Home Products Co., Ltd...................          150.49
Ningbo Joys Imp. & Exp. Co., Ltd........................          150.49
Ningbo Li Zhan Import & Export Co.......................          150.49
Qingdao Haineng Hardware Products Co., Ltd..............          150.49
Qingdao Huatian Hand Truck Co., Ltd.....................          150.49
Qingdao Zeal-Line Stainless Steel Products Co., Ltd.....          150.49
Seven Seas Furniture Industrial (Xiamen) Co., Ltd.......          150.49
Shijiazhuang Wells Trading & Mfg. Co., Ltd..............          150.49
Tangshan Apollo Energy Equipment Company................          150.49
Xiamen Aifei Metal Manufacturing Co., Ltd \12\..........           10.45
All-Others..............................................            8.81
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Suspension of Liquidation
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    \12\ As discussed in the Preliminary Decision Memorandum, 
Commerce has found Xiamen Massive Joy Industry Co., Ltd. and Xiamen 
Aifei Health-Tech Co., Ltd. to be cross-owned with Xiamen Aifei 
Metal Manufacturing Co., Ltd.
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    In accordance with section 703(d)(1)(B) and (d)(2) of the Act, 
Commerce will direct U.S. Customs and Border Protection (CBP) to 
suspend liquidation of entries of subject merchandise as described in 
the scope of the investigation section entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of this 
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d), 
Commerce will instruct CBP to require a cash deposit equal to the rates 
indicated above.

Disclosure

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

[[Page 62299]]

Verification

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

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the last verification report is issued in 
this investigation. Rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than five days after the deadline 
date for case briefs.\13\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 
parties who submit case briefs or rebuttal briefs in this investigation 
are encouraged to submit with each argument: (1) A statement of the 
issue; (2) a brief summary of the argument; and (3) a table of 
authorities.
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    \13\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time 
and date to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.

International Trade Commission Notification

    In accordance with section 703(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its determination. If the 
final determination is affirmative, the ITC will determine before the 
later of 120 days after the date of this preliminary determination or 
45 days after the final determination.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act and 19 CFR 351.205(c).

    Dated: November 19, 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

Scope of the Investigation

    The merchandise covered by this investigation is steel racks and 
parts thereof, assembled, to any extent, or unassembled, including 
but not limited to, vertical components (e.g., uprights, posts, or 
columns), horizontal or diagonal components (e.g., arms or beams), 
braces, frames, locking devices (i.e., end plates and beam 
connectors), and accessories (including, but not limited to, rails, 
skid channels, skid rails, drum/coil beds, fork clearance bars, 
pallet supports, column and post protectors, end row and end aisle 
protectors, corner guards, row spacers, and wall ties). Subject 
steel racks and parts thereof are made of steel, including, but not 
limited to, cold and/or hot-formed steel, regardless of the type of 
steel used to produce the components and may, or may not, include 
locking tabs, slots, or bolted, clamped, or welded connections.
    Steel rack components can be assembled into structures of 
various dimensions and configurations by welding, bolting, clipping, 
or with the use of devices such as clips, end plates, and beam 
connectors, including, but not limited to the following 
configurations: (1) Racks with upright frames perpendicular to the 
aisles that are independently adjustable, with positive locking 
beams parallel to the aisle spanning the upright frames with braces; 
and (2) cantilever racks with vertical components parallel to the 
aisle and cantilever beams or arms connected to the vertical 
components perpendicular to the aisle. Steel racks may be referred 
to as pallet racks, storage racks, stacker racks, retail racks, pick 
modules, selective racks, or cantilever racks and may incorporate 
moving components and be referred to as pallet-flow racks, carton-
flow racks, push-back racks, movable-shelf racks, drive-in racks, 
and drive-through racks. While steel racks may be made to ANSI 
MH16.l or ANSI MH16.3 standards, all steel racks and parts thereof 
meeting the description set out herein are covered by the scope of 
this investigation, whether or not produced according to a 
particular standard.
    The scope includes all steel racks and parts thereof meeting the 
description above, regardless of
    (1) Dimensions, weight, strength, gauge, or load rating;
    (2) vertical components or frame type (including structural, 
roll-form, or other);
    (3) horizontal support or beam/brace type (including but not 
limited to structural, roll-form, slotted, unslotted, Z-beam, C-
beam, L-beam, step beam, and cantilever beam);
    (4) number of supports;
    (5) number of levels;
    (6) surface coating, if any (including but not limited to paint, 
epoxy, powder coating, zinc, or other metallic coatings);
    (7) shape (including but not limited to rectangular, square, 
corner, and cantilever);
    (8) the method by which the vertical and horizontal supports 
connect (including but not limited to locking tabs or slots, 
bolting, clamping, and welding); and
    (9) whether or not the steel rack has moving components 
(including but not limited to rails, wheels, rollers, tracks, 
channels, carts, and conveyors).
    Subject merchandise includes merchandise matching the above 
description that has been finished or packaged in a third country. 
Finishing includes, but is not limited to, coating, painting, or 
assembly, including attaching the merchandise to another product, or 
any other finishing or assembly operation that would not remove the 
merchandise from the scope of the investigation if performed in the 
country of manufacture of the steel racks and parts thereof. 
Packaging includes packaging the merchandise with or without another 
product or any other packaging operation that would not remove the 
merchandise from the scope of the investigation if performed in the 
country of manufacture of the steel racks and parts thereof.
    Steel racks and parts thereof are included in the scope of this 
investigation whether or not imported attached to, or included with, 
other parts or accessories such as wire decking, nuts, and bolts. If 
steel racks and parts thereof are imported attached to, or included 
with, such non-subject merchandise, only the steel racks and parts 
thereof are included in the scope.
    The scope of this investigation does not cover: (1) Decks, i.e., 
shelving that sits on or fits into the horizontal supports to 
provide the horizontal storage surface of the steel racks; (2) wire 
shelving units, i.e., shelves made from wire that incorporate both a 
wire deck and wire horizontal supports (taking the place of the 
horizontal beams and braces) into a single piece with tubular 
collars that slide over the posts and onto plastic sleeves snapped 
on the posts to create a finished unit; (3) pins, nuts, bolts, 
washers, and clips used as connecting devices; and (4) non-steel 
components.
    Specifically excluded from the scope of this investigation are 
any products covered by Commerce's existing antidumping and 
countervailing duty orders on boltless steel shelving units 
prepackaged for sale from the People's Republic of China. See 
Boltless Steel Shelving Units Prepackaged for Sale from the People's 
Republic of China: Antidumping Duty Order, 80 Fed. Reg. 63,741 
(October 21, 2017); Boltless Steel Shelving Units Prepackaged for 
Sale from the People's Republic of China: Amended Final Affirmative 
Countervailing Duty Determination and Countervailing Duty Order, 80 
Fed. Reg. 63,745 (October 21, 2017). Also excluded from the scope of 
this investigation are bulk-packed parts or components of boltless 
steel shelving units that were specifically excluded from the scope 
of the Boltless Steel Shelving Orders because such bulk-packed parts 
or components do not contain the steel vertical supports (i.e., 
uprights and posts) and steel horizontal supports (i.e., beams, 
braces) packaged together for assembly into a completed boltless 
steel shelving unit.
    Merchandise covered by this investigation is currently 
classified in the Harmonized

[[Page 62300]]

Tariff Schedule of the United States (HTSUS) under the following 
subheadings: 7326.90.8688, 9403.20.0080, and 9403.90.8041. Subject 
merchandise may also enter under subheadings 7308.90.3000, 
7308.90.6000, 7308.90.9590, and 9403.20.0090. The HTSUS subheadings 
are provided for convenience and U.S. Customs purposes only. The 
written description of the scope is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Injury Test
VI. Application of the CVD Law to Imports From China
VII. Diversification of China's Economy
VIII. Use of Facts Otherwise Available and Adverse Inferences
IX. Subsidies Valuation
X. Benchmarks and Interest Rates
XI. Analysis of Programs
XII. Conclusion

 [FR Doc. 2018-26172 Filed 11-30-18; 8:45 am]
 BILLING CODE 3510-DS-P

Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Notices 62297 information under APO can be found at DEPARTMENT OF COMMERCE discussed in the Preliminary Decision 19 CFR 351.304–306. Memorandum is included as Appendix International Trade Administration II to this notice. The Preliminary Information Required From Interested Decision Memorandum is a public Parties [C–570–089] document and is on file electronically Domestic interested parties, as Certain Steel Racks From the People’s via Enforcement and Compliance’s Republic of China: Preliminary Antidumping and Countervailing Duty defined in section 771(9)(C), (D), (E), (F), Affirmative Countervailing Duty Centralized Electronic Service System and (G) of the Act and 19 CFR Determination, and Alignment of Final (ACCESS). ACCESS is available to 351.102(b), wishing to participate in a registered users at http:// Sunset Review must respond not later Determination With Final Antidumping Duty Determination access.trade.gov, and is available to all than 15 days after the date of parties in the Central Records Unit, publication in the Federal Register of AGENCY: Enforcement and Compliance, room B8024 of the main Department of this notice of initiation by filing a notice International Trade Administration, Commerce building. In addition, a of intent to participate. The required Department of Commerce. complete version of the Preliminary contents of the notice of intent to SUMMARY: The Department of Commerce Decision Memorandum can be accessed participate are set forth at 19 CFR (Commerce) preliminarily determines directly at http://enforcement.trade.gov/ 351.218(d)(1)(ii). In accordance with that countervailable subsidies are being frn/. The signed and electronic versions Commerce’s regulations, if we do not provided to producers and exporters of of the Preliminary Decision receive a notice of intent to participate certain steel racks (steel racks) from the Memorandum are identical in content. from at least one domestic interested People’s Republic of China (China) for Scope of the Investigation party by the 15-day deadline, Commerce the period of investigation (POI) January will automatically revoke the order 1, 2017 through December 31, 2017. The products covered by this Interested parties are invited to investigation are steel racks from China. without further review.6 comment on this preliminary For a complete description of the scope If we receive an order-specific notice of this investigation, see Appendix I. determination. of intent to participate from a domestic interested party, Commerce’s DATES: Applicable December 3, 2018. Scope Comments regulations provide that all parties FOR FURTHER INFORMATION CONTACT: Eli In accordance with the preamble to wishing to participate in a Sunset Lovely, Aleksandras Nakutis or Robert Commerce’s regulations,5 the Initiation Review must file complete substantive Galantucci, AD/CVD Operations, Office Notice set aside a period of time for responses not later than 30 days after IV, Enforcement and Compliance, parties to raise issues regarding product the date of publication in the Federal International Trade Administration, coverage, (i.e. , scope).6 Certain Register of this notice of initiation. The U.S. Department of Commerce, 1401 interested parties commented on the required contents of a substantive Constitution Avenue NW, Washington, scope of the investigation as it appeared DC 20230; telephone: (202) 482–1593, in the Initiation Notice. Commerce response, on an order-specific basis, are (202) 482–3147 or (202) 482–2923, intends to issue its preliminary decision set forth at 19 CFR 351.218(d)(3). Note respectively. regarding comments concerning the that certain information requirements scope of the antidumping duty and differ for respondent and domestic SUPPLEMENTARY INFORMATION: countervailing duty investigations in the parties. Also, note that Commerce’s Background preliminary determination of the information requirements are distinct companion antidumping duty (AD) from the Commission’s information This preliminary determination is made in accordance with section 703(b) investigation. requirements. Consult Commerce’s of the Tariff Act of 1930, as amended Methodology regulations for information regarding (the Act). Commerce published the Commerce is conducting this Commerce’s conduct of Sunset Reviews. notice of initiation of this investigation investigation in accordance with section Consult Commerce’s regulations at 19 on July 10, 2018.1 On August 28, 2018, CFR part 351 for definitions of terms 701 of the Act. For each of the subsidy pursuant to a request from the Coalition programs found countervailable, and for other general information for Fair Racks Imports (the petitioner),2 concerning antidumping and Commerce preliminarily determines Commerce postponed the preliminary that there is a subsidy, i.e. , a financial countervailing duty proceedings at determination of this investigation to Commerce. contribution by an ‘‘authority’’ that November 19, 2018.3 For a complete gives rise to a benefit to the recipient, This notice of initiation is being description of the events that followed and that the subsidy is specific.7 In published in accordance with section the initiation of this investigation, see making these findings, Commerce 751(c) of the Act and 19 CFR 351.218(c). the Preliminary Decision relied, in part, on facts available and, Memorandum.4 A list of topics because it finds that certain respondents Dated: November 28, 2018. James Maeder, 1 See Certain Steel Racks from the People’s did not act to the best of their ability to Republic of China: Initiation of Countervailing Duty respond to Commerce’s requests for Associate Deputy Assistant Secretary for information, it drew an adverse Investigation, 83 FR 33201 (July 10, 2018) Antidumping and Countervailing Duty (Initiation Notice). Operations performing the duties of Deputy 2 See Letter, ‘‘Certain Steel Racks from the Racks from the People’s Republic of China,’’ dated khammond on DSK30JT082PROD with NOTICES Assistant Secretary for Antidumping and People’s Republic of China: Request to Postpone concurrently with, and hereby adopted by, this Countervailing Duty Operations. Preliminary Determination,’’ dated August 9, 2018. notice (Preliminary Decision Memorandum). 3 See Countervailing Duty Investigation of Steel 5 See Antidumping Duties; Countervailing Duties, [FR Doc. 2018–26213 Filed 11–30–18; 8:45 am] Racks from the People’s Republic of China: Final Rule, 62 FR 27296, 27323 (May 19, 1997). BILLING CODE 3510–DS–P Postponement of Preliminary Determination, 83 FR 6 See Initiation Notice. 43848 (August 28, 2018). 7 See sections 771(5)(B) and (D) of the Act 4 See Memorandum, ‘‘Decision Memorandum for regarding financial contribution; section 771(5)(E) the Preliminary Determination of the of the Act regarding benefit; and section 771(5A) of 6 See 19 CFR 351.218(d)(1)(iii). Countervailing Duty Investigation of Certain Steel the Act regarding specificity. VerDate Sep<11>2014 16:52 Nov 30, 2018 Jkt 247001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\03DEN1.SGM 03DEN1

62298 Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Notices inference where appropriate in selecting scheduled to be issued no later than Ltd., Tangshan Apollo Energy from among the facts otherwise April 1, 2019, unless postponed. Equipment Company, Ltd., and 13 available.8 For further information, see companies that failed to respond to our All-Others Rate ‘‘Use of Facts Otherwise Available and quantity and value (Q&V) Adverse Inferences’’ in the Preliminary Sections 703(d) and 705(c)(5)(A) of questionnaire.10 Commerce calculated Decision Memorandum. the Act provide that in the preliminary individual estimated countervailable determination, Commerce shall subsidy rates for Nanjing Dongsheng Alignment determine an estimated all-others rate Shelf Manufacturing Co., Ltd. (Nanjing As noted in the Preliminary Decision for companies not individually Dongsheng) and Xiamen Aifei Metal Memorandum, in accordance with examined. This rate shall be an amount Manufacturing Co., Ltd. (Aifeimetal). section 705(a)(1) of the Act and 19 CFR equal to the weighted average of the Therefore, Commerce calculated the all- 351.210(b)(4), Commerce is aligning the estimated subsidy rates established for others’’ rate using a weighted average of final countervailing duty determination those companies individually the individual estimated subsidy rates in this investigation with the final examined, excluding any zero and de calculated for Aifeimetal and Nanjing determination in the companion minimis rates and any rates based Dongsheng using each company’s antidumping duty investigation of steel entirely under section 776 of the Act. publicly-ranged values for the racks from China based on a request In this investigation, Commerce merchandise under consideration.11 made by the petitioner.9 Consequently, preliminarily assigned rates based the final countervailing duty entirely on facts available for Jiangsu Preliminary Determination determination will be issued on the Kingmore Storage Equipment Commerce preliminarily determines same date as the final antidumping Manufacturing Co., Ltd., Nanjing Huade that the following estimated determination, which is currently Storage Equipment Manufacture Co., countervailable subsidy rates exist: Subsidy rate Company (percent) Designa Inc .......................................................................................................................................................................................... 150.49 Dongguan Baike Electronic Co., Ltd ................................................................................................................................................... 150.49 Ezidone Display Corp. Ltd ................................................................................................................................................................... 150.49 Fenghua Huige Metal Products Co., Ltd ............................................................................................................................................. 150.49 Formost Plastic Metal Works (Jiaxing) Co., Ltd .................................................................................................................................. 150.49 Jiangsu Kingmore Storage Equipment Manufacturing Co., Ltd .......................................................................................................... 150.49 Nanjing Dongsheng Shelf Manufacturing Co., Ltd .............................................................................................................................. 5.04 Nanjing Huade Storage Equipment Manufacture Co., Ltd .................................................................................................................. 150.49 Ningbo Bocheng Home Products Co., Ltd .......................................................................................................................................... 150.49 Ningbo Joys Imp. & Exp. Co., Ltd ....................................................................................................................................................... 150.49 Ningbo Li Zhan Import & Export Co .................................................................................................................................................... 150.49 Qingdao Haineng Hardware Products Co., Ltd ................................................................................................................................... 150.49 Qingdao Huatian Hand Truck Co., Ltd ................................................................................................................................................ 150.49 Qingdao Zeal-Line Stainless Steel Products Co., Ltd ......................................................................................................................... 150.49 Seven Seas Furniture Industrial (Xiamen) Co., Ltd ............................................................................................................................ 150.49 Shijiazhuang Wells Trading & Mfg. Co., Ltd ....................................................................................................................................... 150.49 Tangshan Apollo Energy Equipment Company .................................................................................................................................. 150.49 Xiamen Aifei Metal Manufacturing Co., Ltd 12 ..................................................................................................................................... 10.45 All-Others ............................................................................................................................................................................................. 8.81 Suspension of Liquidation consumption on or after the date of Disclosure In accordance with section publication of this notice in the Federal Commerce intends to disclose its 703(d)(1)(B) and (d)(2) of the Act, Register. Further, pursuant to 19 CFR calculations and analysis performed to Commerce will direct U.S. Customs and 351.205(d), Commerce will instruct CBP interested parties in this preliminary Border Protection (CBP) to suspend to require a cash deposit equal to the determination within five days of its liquidation of entries of subject rates indicated above. public announcement, or if there is no merchandise as described in the scope public announcement, within five days of the investigation section entered, or of the date of this notice in accordance withdrawn from warehouse, for with 19 CFR 351.224(b). 8 See sections 776(a) and (b) of the Act. Ltd.; and Shijiazhuang Wells Trading & Mfg. Co., Italy, Japan, and the United Kingdom: Final Results 9 See Letter, ‘‘Certain Steel Racks from the Ltd. of Antidumping Duty Administrative Reviews, Final People’s Republic of China: Request to Align Final 11 With two respondents under examination, Results of Changed-Circumstances Review, and Countervailing Duty and Antidumping Commerce normally calculates (A) a weighted- Revocation of an Order in Part, 75 FR 53661, 53663 Determinations,’’ dated October 31, 2018. average of the estimated subsidy rates calculated for (September 1, 2010). As complete publicly ranged 10 The companies that did not respond to our the examined respondents; (B) a simple average of sales data was available, Commerce based the all- Q&V questionnaire are: Designa Inc.; Dongguan the estimated subsidy rates calculated for the khammond on DSK30JT082PROD with NOTICES others rate on the publicly ranged sales data of the Baike Electronic Co., Ltd.; Ezidone Display Corp. examined respondents; and (C) a weighted-average mandatory respondents. For a complete analysis of Ltd.; Fenghua Huige Metal Products Co., Ltd.; of the estimated subsidy rates calculated for the the data, please see the All-Others’’ Rate Formost Plastic Metal Works (Jiaxing) Co., Ltd.; examined respondents using each company’s Calculation Memorandum. Ningbo Bocheng Home Products Co., Ltd.; Ningbo publicly-ranged U.S. sale quantities for the 12 As discussed in the Preliminary Decision Joys Imp. & Exp. Co., Ltd.; Ningbo Li Zhan Import merchandise under consideration. Commerce then & Export Co.; Qingdao Haineng Hardware Products compares (B) and (C) to (A) and selects the rate Memorandum, Commerce has found Xiamen Co., Ltd.; Qingdao Huatian Hand Truck Co., Ltd.; closest to (A) as the most appropriate rate for all Massive Joy Industry Co., Ltd. and Xiamen Aifei Qingdao Zeal-Line Stainless Steel Products Co., other producers and exporters. See, e.g. , Ball Health-Tech Co., Ltd. to be cross-owned with Ltd.; Seven Seas Furniture Industrial (Xiamen) Co., Bearings and Parts Thereof from France, Germany, Xiamen Aifei Metal Manufacturing Co., Ltd. VerDate Sep<11>2014 16:52 Nov 30, 2018 Jkt 247001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\03DEN1.SGM 03DEN1

Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Notices 62299 Verification Dated: November 19, 2018. (8) the method by which the vertical and Gary Taverman, horizontal supports connect (including but As provided in section 782(i)(1) of the not limited to locking tabs or slots, bolting, Act, Commerce intends to verify the Deputy Assistant Secretary for Antidumping clamping, and welding); and and Countervailing Duty Operations, information relied upon in making its performing the non-exclusive functions and (9) whether or not the steel rack has final determination. moving components (including but not duties of the Assistant Secretary for limited to rails, wheels, rollers, tracks, Public Comment Enforcement and Compliance. channels, carts, and conveyors). Appendix Subject merchandise includes merchandise Case briefs or other written comments matching the above description that has been may be submitted to the Assistant Scope of the Investigation finished or packaged in a third country. Secretary for Enforcement and The merchandise covered by this Finishing includes, but is not limited to, Compliance no later than seven days investigation is steel racks and parts thereof, coating, painting, or assembly, including after the date on which the last assembled, to any extent, or unassembled, attaching the merchandise to another verification report is issued in this including but not limited to, vertical product, or any other finishing or assembly investigation. Rebuttal briefs, limited to components (e.g., uprights, posts, or operation that would not remove the columns), horizontal or diagonal components merchandise from the scope of the issues raised in case briefs, may be (e.g., arms or beams), braces, frames, locking investigation if performed in the country of submitted no later than five days after manufacture of the steel racks and parts devices (i.e., end plates and beam the deadline date for case briefs.13 connectors), and accessories (including, but thereof. Packaging includes packaging the Pursuant to 19 CFR 351.309(c)(2) and not limited to, rails, skid channels, skid rails, merchandise with or without another (d)(2), parties who submit case briefs or drum/coil beds, fork clearance bars, pallet product or any other packaging operation rebuttal briefs in this investigation are supports, column and post protectors, end that would not remove the merchandise from encouraged to submit with each row and end aisle protectors, corner guards, the scope of the investigation if performed in argument: (1) A statement of the issue; row spacers, and wall ties). Subject steel the country of manufacture of the steel racks racks and parts thereof are made of steel, and parts thereof. (2) a brief summary of the argument; Steel racks and parts thereof are included including, but not limited to, cold and/or and (3) a table of authorities. hot-formed steel, regardless of the type of in the scope of this investigation whether or Pursuant to 19 CFR 351.310(c), steel used to produce the components and not imported attached to, or included with, interested parties who wish to request a may, or may not, include locking tabs, slots, other parts or accessories such as wire hearing, limited to issues raised in the or bolted, clamped, or welded connections. decking, nuts, and bolts. If steel racks and case and rebuttal briefs, must submit a Steel rack components can be assembled parts thereof are imported attached to, or written request to the Assistant into structures of various dimensions and included with, such non-subject configurations by welding, bolting, clipping, merchandise, only the steel racks and parts Secretary for Enforcement and thereof are included in the scope. or with the use of devices such as clips, end Compliance, U.S. Department of plates, and beam connectors, including, but The scope of this investigation does not Commerce within 30 days after the date not limited to the following configurations: cover: (1) Decks, i.e., shelving that sits on or of publication of this notice. Requests (1) Racks with upright frames perpendicular fits into the horizontal supports to provide should contain the party’s name, to the aisles that are independently the horizontal storage surface of the steel address, and telephone number, the adjustable, with positive locking beams racks; (2) wire shelving units, i.e., shelves number of participants, whether any parallel to the aisle spanning the upright made from wire that incorporate both a wire participant is a foreign national, and a frames with braces; and (2) cantilever racks deck and wire horizontal supports (taking the with vertical components parallel to the aisle place of the horizontal beams and braces) list of the issues to be discussed. If a and cantilever beams or arms connected to into a single piece with tubular collars that request for a hearing is made, Commerce the vertical components perpendicular to the slide over the posts and onto plastic sleeves intends to hold the hearing at the U.S. aisle. Steel racks may be referred to as pallet snapped on the posts to create a finished Department of Commerce, 1401 racks, storage racks, stacker racks, retail unit; (3) pins, nuts, bolts, washers, and clips Constitution Avenue NW, Washington, racks, pick modules, selective racks, or used as connecting devices; and (4) non-steel DC 20230, at a time and date to be cantilever racks and may incorporate moving components. determined. Parties should confirm by components and be referred to as pallet-flow Specifically excluded from the scope of telephone the date, time, and location of racks, carton-flow racks, push-back racks, this investigation are any products covered movable-shelf racks, drive-in racks, and by Commerce’s existing antidumping and the hearing two days before the drive-through racks. While steel racks may be countervailing duty orders on boltless steel scheduled date. made to ANSI MH16.l or ANSI MH16.3 shelving units prepackaged for sale from the International Trade Commission standards, all steel racks and parts thereof People’s Republic of China. See Boltless Steel meeting the description set out herein are Shelving Units Prepackaged for Sale from the Notification covered by the scope of this investigation, People’s Republic of China: Antidumping In accordance with section 703(f) of whether or not produced according to a Duty Order, 80 Fed. Reg. 63,741 (October 21, the Act, Commerce will notify the particular standard. 2017); Boltless Steel Shelving Units International Trade Commission (ITC) of The scope includes all steel racks and parts Prepackaged for Sale from the People’s thereof meeting the description above, Republic of China: Amended Final its determination. If the final regardless of Affirmative Countervailing Duty determination is affirmative, the ITC (1) Dimensions, weight, strength, gauge, or Determination and Countervailing Duty will determine before the later of 120 load rating; Order, 80 Fed. Reg. 63,745 (October 21, days after the date of this preliminary (2) vertical components or frame type 2017). Also excluded from the scope of this determination or 45 days after the final (including structural, roll-form, or other); investigation are bulk-packed parts or determination. (3) horizontal support or beam/brace type components of boltless steel shelving units (including but not limited to structural, roll- that were specifically excluded from the Notification to Interested Parties form, slotted, unslotted, Z-beam, C-beam, L- scope of the Boltless Steel Shelving Orders khammond on DSK30JT082PROD with NOTICES This determination is issued and beam, step beam, and cantilever beam); because such bulk-packed parts or (4) number of supports; components do not contain the steel vertical published pursuant to sections 703(f) (5) number of levels; supports (i.e., uprights and posts) and steel and 777(i) of the Act and 19 CFR (6) surface coating, if any (including but horizontal supports (i.e., beams, braces) 351.205(c). not limited to paint, epoxy, powder coating, packaged together for assembly into a zinc, or other metallic coatings); completed boltless steel shelving unit. 13 See 19 CFR 351.309; see also 19 CFR 351.303 (7) shape (including but not limited to Merchandise covered by this investigation (for general filing requirements). rectangular, square, corner, and cantilever); is currently classified in the Harmonized VerDate Sep<11>2014 16:52 Nov 30, 2018 Jkt 247001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\03DEN1.SGM 03DEN1

62300 Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Notices Tariff Schedule of the United States (HTSUS) Technology, 100 Bureau Drive, Building community/overseers.cfm. The meeting under the following subheadings: 101, Lecture Room A, Gaithersburg, will be open to the public. 7326.90.8688, 9403.20.0080, and Maryland 20899. Please note admittance 9403.90.8041. Subject merchandise may also Individuals and representatives of enter under subheadings 7308.90.3000, instructions under the SUPPLEMENTARY organizations who would like to offer 7308.90.6000, 7308.90.9590, and INFORMATION section of this notice. comments and suggestions related to the 9403.20.0090. The HTSUS subheadings are FOR FURTHER INFORMATION CONTACT: Board’s affairs are invited to request a provided for convenience and U.S. Customs Robert Fangmeyer, Director, Baldrige place on the agenda. On December 11, purposes only. The written description of the scope is dispositive. Performance Excellence Program, 2018 approximately one-half hour will National Institute of Standards and be reserved in the afternoon for public Appendix II Technology, 100 Bureau Drive, Mail comments, and speaking times will be List of Topics Discussed in the Preliminary Stop 1020, Gaithersburg, Maryland assigned on a first-come, first-served Decision Memorandum 20899–1020, telephone number (301) basis. The amount of time per speaker I. Summary 975–2361, or by email at will be determined by the number of II. Background robert.fangmeyer@nist.gov. requests received, but is likely to be III. Scope Comments SUPPLEMENTARY INFORMATION: about 3 minutes each. The exact time for IV. Scope of the Investigation public comments will be included in V. Injury Test Authority: 15 U.S.C. 3711a(d)(2)(B) the final agenda that will be posted on VI. Application of the CVD Law to Imports and the Federal Advisory Committee the Baldrige website at http:// From China Act, as amended, 5 U.S.C. App. VII. Diversification of China’s Economy www.nist.gov/baldrige/community/ Pursuant to the Federal Advisory overseers.cfm. Questions from the VIII. Use of Facts Otherwise Available and Committee Act, as amended, 5 U.S.C. public will not be considered during Adverse Inferences IX. Subsidies Valuation App., notice is hereby given that the this period. Speakers who wish to X. Benchmarks and Interest Rates Board will meet in open session on expand upon their oral statements, XI. Analysis of Programs Tuesday, December 11, 2018, from 8:30 those who had wished to speak, but XII. Conclusion a.m. Eastern time until 4:00 p.m. Eastern could not be accommodated on the [FR Doc. 2018–26172 Filed 11–30–18; 8:45 am] time. The Board is currently composed agenda, and those who were unable to BILLING CODE 3510–DS–P of eleven members selected for their attend in person are invited to submit preeminence in the field of written statements to the Baldrige organizational performance excellence Performance Excellence Program, NIST, DEPARTMENT OF COMMERCE and appointed by the Secretary of 100 Bureau Drive, Mail Stop 1020, Commerce. The Board consists of a Gaithersburg, Maryland 20899–1020, via National Institute of Standards and balanced representation from U.S. Technology fax at 301–975–4967 or electronically by service, manufacturing, small business, email to robyn.verner@nist.gov. nonprofit, education, and health care Board of Overseers of the Malcolm industries. The Board includes members All visitors to the National Institute of Baldrige National Quality Award familiar with the quality, performance Standards and Technology site must AGENCY: National Institute of Standards improvement operations, and pre-register to be admitted. Please and Technology, Department of competitiveness issues of manufacturing submit your name, time of arrival, email Commerce. companies, service companies, small address and phone number to Robyn businesses, nonprofits, health care Verner no later than 8:00 a.m. Eastern ACTION: Notice of open meeting. providers, and educational institutions. Time, Tuesday, December 11, 2018 and SUMMARY: The Board of Overseers of the The purpose of this meeting is to review she will provide you with instructions Malcolm Baldrige National Quality and discuss the work of the private for admittance. Non-U.S. citizens must Award (Board) will meet in open sector contractor, which assists the submit additional information and session on Tuesday, December 11, 2018. NIST Director in administering the should contact Ms. Verner for The purpose of this meeting is to review Award, and information received from instructions. Ms. Verner’s email address and discuss the work of the private NIST and from the Chair of the Judges is robyn.verner@nist.gov and her phone sector contractor, which assists the Panel of the Malcolm Baldrige National number is (301) 975–2361. Please note Director of the National Institute of Quality Award in order to make such that federal agencies, including NIST, Standards and Technology (NIST) in suggestions for the improvement of the can only accept a state-issued driver’s administering the Malcolm Baldrige Award process as the Board deems license or identification card for access National Quality Award (Award), and necessary. The Board shall make an to federal facilities if such license or information received from NIST and annual report on the results of Award identification card is issued by a state from the Chair of the Judges Panel of the activities to the Director of NIST, along that is compliant with the REAL ID Act Malcolm Baldrige National Quality with its recommendations for the of 2005 (Pub. L. 109–13), or by a state Award in order to make such improvement of the Award process. The that has an extension for REAL ID suggestions for the improvement of the agenda will include: Report from the compliance. NIST currently accepts Award process as the Board deems Judges Panel of the Malcolm Baldrige other forms of federal-issued necessary. Details on the agenda are National Quality Award, Baldrige identification in lieu of a state-issued noted in the SUPPLEMENTARY Program Business Plan Status Report, driver’s license. For detailed INFORMATION section of this notice. Baldrige Foundation Fundraising information please contact Ms. Verner khammond on DSK30JT082PROD with NOTICES DATES: The meeting will be held on Update, Products and Services Update, or visit: http://www.nist.gov/public_ Tuesday, December 11, 2018, from 8:30 and Recommendations for the NIST affairs/visitor/. a.m. Eastern time until 4:00 p.m. Eastern Director. The agenda may change to time. The meeting will be open to the Kevin A. Kimball, accommodate Board business. The final public. agenda will be posted on the NIST Chief of Staff. ADDRESSES: The meeting will be held at Baldrige Performance Excellence [FR Doc. 2018–26135 Filed 11–30–18; 8:45 am] the National Institute of Standards and website at http://www.nist.gov/baldrige/ BILLING CODE 3510–13–P VerDate Sep<11>2014 16:52 Nov 30, 2018 Jkt 247001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\03DEN1.SGM 03DEN1


Document Created: 2018-12-01 00:57:05
Document Modified: 2018-12-01 00:57:05
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 December 3, 2018.
ContactEli Lovely, Aleksandras Nakutis or Robert Galantucci, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1593, (202) 482-3147 or (202) 482-2923, respectively.
FR Citation83 FR 62297 
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