[Federal Register Volume 80, Number 74 (Friday, April 17, 2015)]
[Notices]
[Pages 21207-21208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08898]


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DEPARTMENT OF COMMERCE

International Trade Adminstration

[A-570-018]


Boltless Steel Shelving Units Prepackaged for Sale From the 
People's Republic of China: Amended Preliminary Determination of Sales 
at Less Than Fair Value and Postponement of Final Determination

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

SUMMARY: On April 1, 2015, the Department of Commerce (``Department'') 
published the Preliminary Determination of sales at less than fair 
value (``LTFV'') in the antidumping duty investigation of boltless 
steel shelving units prepackaged for sale (``boltless steel shelving'') 
from the People's Republic of China (``PRC'').\1\ We are amending our 
Preliminary Determination to correct a ministerial error with respect 
to the identification of companies receiving a separate rate. 
Specifically, we are amending the Preliminary Determination to grant a 
separate rate to HoiFat (NingBo) Office Facilities Co., Ltd. 
(``Hoifat'').
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    \1\ See Boltless Steel Shelving Units Prepackaged for Sale from 
the People's Republic of China: Preliminary Determination of Sales 
at Less than Fair Value, 80 FR 17409 (April 1, 2015) (``Preliminary 
Determination'').

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DATES: Effective: April 1, 2015.

FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
2593.

SUPPLEMENTARY INFORMATION: As noted above, on April 1, 2015, the 
Department published in the Federal Register the Preliminary 
Determination that boltless steel shelving from the PRC is being, or is 
likely to be, sold in the United States at LTFV, as provided in section 
733 of the Tariff Act of 1930, as amended (``Act'').\2\ On March 30, 
2015, Hoifat filed timely allegations of ministerial errors contained 
in the Department's Preliminary Determination.\3\
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    \2\ See Preliminary Determination.
    \3\ See Letter to the Secretary of Commerce from Hoifat 
``Ministerial Error Comment'' (March 30, 2015) (``Hoifat Ministerial 
Comment'').
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Period of Investigation

    The period of investigation (``POI'') is January 1, 2014, through 
June 30, 2014.\4\
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    \4\ See 19 CFR 351.204(b)(1).
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Scope of Investigation

    The scope of this investigation covers boltless steel shelving 
units prepackaged for sale, with or without decks (``boltless steel 
shelving''). The term ``prepackaged for sale'' means that, at a 
minimum, the steel vertical supports (i.e., uprights and posts) and 
steel horizontal supports (i.e., beams, braces) necessary to assemble a 
completed shelving unit (with or without decks) are packaged together 
for ultimate purchase by the end-user. Subject boltless steel shelving 
enters the United States through Harmonized Tariff Schedule of the 
United States (``HTSUS'') statistical subheadings 9403.20.0018 and 
9403.20.0020, but may also enter through HTSUS 9403.10.0040. While 
HTSUS subheadings are provided for convenience and customs purposes, 
the written description of the scope of this investigation is 
dispositive.\5\
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    \5\ For a complete description of the scope of the 
investigation, see Memorandum from Kabir Archuletta, Senior 
International Trade Analyst, Office V, to Christian Marsh, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, ``Antidumping Duty Investigation of Boltless Steel 
Shelving Units Prepackaged for Sale from the People's Republic of 
China: Analysis of Ministerial Error Allegation,'' which is dated 
concurrently with and hereby adopted by this notice.
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Significant Ministerial Error

    Pursuant to 19 CFR 351.224(e) and (g)(1), the Department is 
amending the Preliminary Determination to reflect the correction of a 
significant ministerial error it made in the margin assigned to Hoifat, 
a separate rate applicant. A ministerial error is defined as errors in 
addition, subtraction, or other arithmetic function, clerical error 
resulting from inaccurate copying, duplication, or the like, and any 
other similar type of unintentional error which the Secretary considers 
ministerial.\6\ A significant ministerial error is defined as a 
ministerial error, the correction of which, singly or in combination 
with other errors, would result in (1) a change of at least five 
absolute percentage points in, but not less than 25 percent of, the 
weighted-average dumping margin calculated in the original (erroneous) 
preliminary determination, or (2) a difference between a weighted-
average dumping margin of zero or de minimis and a weighted-average 
dumping margin of greater than de minimis or vice versa.\7\ As a result 
of this amended preliminary determination, we have added Hoifat to the 
list of exporters that received a separate rate.\8\
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    \6\ See section 735(e) of the Act.
    \7\ See 19 CFR 351.224(g).
    \8\ See the ``Amended Preliminary Determination'' section below.
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Ministerial Error Allegations

    On March 30, 2015, Hoifat, a separate rate applicant,\9\ submitted 
a ministerial error allegation claiming that although Hoifat filed a 
quantity and value response and a separate rate application in this 
investigation, its separate rate status was not analyzed and it was not 
named in the Preliminary Determination as one of the exporters 
receiving a separate rate.\10\ The Department reviewed the record and 
agrees that this constitutes a significant ministerial error within the 
meaning of 19 CFR 351.224(g). In its SRA, Hoifat submitted information 
supporting a preliminary finding of an absence of de jure and de facto 
government control.\11\ Accordingly, we preliminarily determine that 
Hoifat is eligible for a separate rate, because the failure to conduct 
a separate rate analysis was an unintentional error. Further, this 
error was significant because Hoifat's margin increased from the 
separate rate of 52.23 to the PRC-wide rate of 112.68 as a result of 
this error, thus exceeding the significant error threshold because a 
correction of this error results in a change of at least five absolute 
percentage points.
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    \9\ See Letter to the Secretary of Commerce from Hoifat 
``Separate Rate Application'' (November 21, 2014) (``SRA'').
    \10\ See Hoifat Ministerial Comment.
    \11\ See Letter to the Secretary of Commerce from Hoifat 
``Separate Rate Application'' (November 21, 2014) at 5-15 and 
Exhibits 3-14.
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    The collection of cash deposits and suspension of liquidation will 
be revised accordingly in accordance with

[[Page 21208]]

section 733(d) and (f) of the Act and 19 CFR 351.224. Because the 
amended rate for Hoifat results in a reduced cash deposit rate, the 
rate for Hoifat will be effective retroactively to April 1, 2015, the 
date of publication of the Preliminary Determination.

Amended Preliminary Determination

    As a result of this amended preliminary determination, we have 
revised the preliminary estimated weighted-average dumping margin for 
Hoifat as follows:

------------------------------------------------------------------------
                                                       Weighted-average
            Exporter                   Producer        margin  (percent)
------------------------------------------------------------------------
Zhongda United Holding Group      Jiaxing Zhongda                  22.64
 Co., Ltd.                         Metalwork Co.,
                                   Ltd.
Jiaxing Zhongda Import & Export   Jiaxing Zhongda                  22.64
 Co., Ltd.                         Metalwork Co.,
                                   Ltd.
Nanjing Topsun Racking            Nanjing Topsun                   85.26
 Manufacturing Co., Ltd.           Racking
                                   Manufacturing
                                   Co., Ltd.
Ningbo ETDZ Huixing Trade Co.,    Haifa (Ningbo)                   50.23
 Ltd.                              Office Equipment
                                   Co., Ltd.
Ningbo ETDZ Huixing Trade Co.,    Ningbo Decko Metal               50.23
 Ltd.                              Products Trade
                                   Co., Ltd.
Ningbo ETDZ Huixing Trade Co.,    Lianfa Metal                     50.23
 Ltd.                              Product Co., Ltd.
Meridian International Co., Ltd.  Zhejiang Limai                   50.23
                                   Metal Products
                                   Co. Ltd.
Zhejiang Limai Metal Products     Zhejiang Limai                   50.23
 Co., Ltd.                         Metal Products
                                   Co., Ltd.
HoiFat (NingBo) Office            HoiFat (NingBo)                  50.23
 Facilities Co., Ltd.              Office Facilities
                                   Co., Ltd.
PRC-Wide Entity.................  ..................              112.68
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Postponement of the Final Determination

    In the Preliminary Determination, the Department stated that it 
would make its final determination for this antidumping duty 
investigation no later than 75 days after the preliminary 
determination.
    Section 735(a)(2) of the Tariff Act of 1930 (``the Act'') provides 
that a final determination may be postponed until not later than 135 
days after the date of the publication of the preliminary determination 
if, in the event of an affirmative determination, a request for such 
postponement is made by exporters who account for a significant 
proportion of exports of the subject merchandise, or in the event of a 
negative preliminary determination, a request for such postponement is 
made by petitioner. In addition, section 351.210(e)(2) of the 
Department's regulations require that requests by respondents for 
postponement of a final determination be accompanied by a request for 
extension of provisional measures from a four month period to not more 
than six months.
    On April 7, 2015, Zhongda United Holding Group Co., Ltd., one of 
the two mandatory respondents in this investigation, requested a 60-day 
extension of the final determination and extension of the provisional 
measures. Thus, because our amended preliminary determination is 
affirmative, and the respondent requesting a postponement of the final 
determination and an extension of the provisional measures accounts for 
a significant proportion of exports of boltless steel shelving, and no 
compelling reasons for denial exist, we are postponing the deadline for 
the final determination by 60 days until August 14, 2015, based on the 
publication date of the

Preliminary Determination

International Trade Commission Notification

    In accordance with section 733(f) of the Act, we notified the 
International Trade Commission of our amended preliminary 
determination.
    This amended preliminary determination is issued and published in 
accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 
351.224(e).

     Dated: April 10, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-08898 Filed 4-16-15; 8:45 am]
 BILLING CODE 3510-DS-P