[Federal Register Volume 80, Number 203 (Wednesday, October 21, 2015)]
[Notices]
[Pages 63741-63743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26765]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-018]


Boltless Steel Shelving Units Prepackaged for Sale From the 
People's Republic of China: Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the ``Department'') and the International Trade Commission 
(``ITC''), the Department is issuing an

[[Page 63742]]

antidumping duty order on boltless steel shelving units prepackaged for 
sale from the People's Republic of China (``PRC'').

DATES: Effective date: October 21, 2015.

FOR FURTHER INFORMATION CONTACT: Kabir Archuletta or Irene Gorelik, 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 or (202) 482-6905, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 26, 2015, the Department published the final 
determination of sales at less than fair value in the antidumping duty 
investigation of boltless steel shelving units prepackaged for sale 
from the PRC.\1\ On October 7, 2015, the ITC notified the Department of 
its final determination pursuant to section 735(b)(1)(A)(i) of the 
Tariff Act of 1930, as amended (``the Act''), that an industry in the 
United States is materially injured or threatened with material injury 
by reason of imports of boltless steel shelving units prepackaged for 
sale from the PRC.\2\
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    \1\ See Boltless Steel Shelving Units Prepackaged for Sale From 
the People's Republic of China: Final Determination of Sales at Less 
Than Fair Value, 80 FR 51779 (August 26, 2015) (``Final 
Determination'') and accompanying Issues and Decision Memorandum.
    \2\ See Letter to Christian Marsh, Deputy Assistant Secretary of 
Commerce for Enforcement and Compliance, from Meredith Broadbent, 
Chairman of the U.S. International Trade Commission, regarding 
boltless steel shelving units prepackaged for sale from the People's 
Republic of China (October 7, 2015). See also Boltless Steel 
Shelving Units Prepackaged for Sale from China, Investigation Nos. 
701-TA-523 and 731-TA-1259 (Final), 80 FR 61841 (October 14, 2015).
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Scope of the Order

    The scope of this order 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. The scope also includes add-on 
kits. Add-on kits include, but are not limited to, kits that allow the 
end-user to add an extension shelving unit onto an existing boltless 
steel shelving unit such that the extension and the original unit will 
share common frame elements (e.g., two posts). The term ``boltless'' 
refers to steel shelving in which the vertical and horizontal supports 
forming the frame are assembled primarily without the use of nuts and 
bolts or screws. The vertical and horizontal support members for 
boltless steel shelving are assembled by methods such as, but not 
limited to, fitting a rivet, punched or cut tab or other similar 
connector on one support into a hole, slot or similar receptacle on 
another support. The supports lock together to form the frame for the 
shelving unit, and provide the structural integrity of the shelving 
unit separate from the inclusion of any decking. The incidental use of 
nuts and bolts or screws to add accessories, wall anchors, tie-bars or 
shelf supports does not remove the product from scope. Boltless steel 
shelving units may also come packaged as partially assembled, such as 
when two upright supports are welded together with front-to-back 
supports, or are otherwise connected, to form an end unit for the 
frame. The boltless steel shelving covered by this order may be 
commonly described as rivet shelving, welded frame shelving, slot and 
tab shelving, and punched rivet (quasi-rivet) shelving as well as by 
other trade names. The term ``deck'' refers to the shelf that sits on 
or fits into the horizontal supports (beams or braces) to provide the 
horizontal storage surface of the shelving unit.
    The scope includes all boltless steel shelving meeting the 
description above, regardless of (1) vertical support or post type 
(including but not limited to open post, closed post and tubing); (2) 
horizontal support or beam/brace profile (including but not limited to 
Z-beam, C-beam, L-beam, step beam and cargo rack); (3) number of 
supports; (4) surface coating (including but not limited to paint, 
epoxy, powder coating, zinc and other metallic coating); (5) number of 
levels; (6) weight capacity; (7) shape (including but not limited to 
rectangular, square, and corner units); (8) decking material (including 
but not limited to wire decking, particle board, laminated board or no 
deck at all); or (9) the boltless method by which vertical and 
horizontal supports connect (including but not limited to keyhole and 
rivet, slot and tab, welded frame, punched rivet and clip).
    Specifically excluded from the scope are:
     Wall-mounted shelving, defined as shelving that is hung on 
the wall and does not stand on, or transfer load to, the floor; \3\
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    \3\ The addition of a wall bracket or other device to attach 
otherwise freestanding subject merchandise to a wall does not meet 
the terms of this exclusion.
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     wire shelving units, which consist of shelves made from 
wire that incorporates 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 the finished shelving unit;
     bulk-packed parts or components of boltless steel shelving 
units; and
     made-to-order shelving systems.
    Subject boltless steel shelving enters the United States through 
Harmonized Tariff Schedule of the United States (``HTSUS'') statistical 
subheadings 9403.20.0018, 9403.20.0020, 9403.20.0025, and 9403.20.0026, 
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 order is dispositive.

Antidumping Duty Order

    In accordance with sections 735(b)(1)(A)(i) and 735(d) of the Act, 
the ITC has notified the Department of its final determination in this 
investigation, in which it found that imports of boltless steel 
shelving from the PRC are materially injuring or threatening material 
injury to a U.S. industry. Therefore, in accordance with section 
735(c)(2) of the Act, we are publishing this antidumping duty order.
    As a result of the ITC's final determination, in accordance with 
section 736(a)(1) of the Act, the Department will direct U.S. Customs 
and Border Protection (``CBP'') to assess, upon further instruction by 
the Department, antidumping duties equal to the amount by which the 
normal value of the merchandise exceeds the export price (or 
constructed export price) of the merchandise, for all relevant entries 
of boltless steel shelving from the PRC. These antidumping duties will 
be assessed on unliquidated entries from the PRC entered, or withdrawn 
from warehouse, for consumption on or after April 1, 2015, the date on 
which the Department published the Preliminary Determination,\4\ but 
will not include entries occurring after the expiration of the 
provisional measures period and before publication of the ITC's final 
injury determination, as further described below.
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    \4\ 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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[[Page 63743]]

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct CBP to continue to suspend liquidation on entries of subject 
merchandise from the PRC. We will also instruct CBP to require cash 
deposits equal to the estimated amount by which the normal value 
exceeds the U.S. price as indicated in the chart below, adjusted where 
appropriate for export subsidies and estimated domestic subsidy pass-
through.\5\ These instructions suspending liquidation will remain in 
effect until further notice.
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    \5\ See Final Determination 80 FR at 51781 (describing the 
adjustments to the AD duty margins in more detail); see also 
sections 772(c)(1)(C) and 777A(f) of the Act, respectively. Unlike 
in administrative reviews, the Department calculates the adjustment 
for export subsidies in investigations not in the margin calculation 
program, but in the cash deposit instructions issued to CBP. See, 
e.g., Notice of Final Determination of Sales at Less Than Fair 
Value, and Negative Determination of Critical Circumstances: Certain 
Lined Paper Products from India, 71 FR 45012 (August 8, 2006), and 
accompanying Issues and Decision Memorandum at Comment 1.
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    Accordingly, effective on the date of publication of the ITC's 
final affirmative injury determination, CBP will require, at the same 
time as importers would normally deposit estimated duties on this 
subject merchandise, a cash deposit equal to the estimated weighted-
average antidumping duty margins, adjusted where appropriate for export 
subsidies and estimated domestic subsidy pass-through, as discussed 
above.\6\ The ``PRC-wide'' rate applies to all exporters of subject 
merchandise not specifically listed.
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    \6\ See sections 736(a)(3), 772(c)(1)(C) and 777A(f) of the Act.
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Provisional Measures

    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months except where exporters representing a 
significant proportion of exports of the subject merchandise request 
the Department to extend that four-month period to no more than six 
months. At the request of an exporter that accounted for a significant 
proportion of exports of boltless steel shelving from the PRC, we 
extended the four-month period to no more than six months.\7\ In the 
underlying investigation, the Department published the Preliminary 
Determination on April 1, 2015. Therefore, the six-month period 
beginning on the date of the publication of the Preliminary 
Determination ended on September 27, 2015. Furthermore, section 737(b) 
of the Act states that definitive duties are to begin on the date of 
publication of the ITC's final injury determination.
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    \7\ See 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, 80 FR 21207, 21208 (April 17, 2015).
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    Therefore, in accordance with section 733(d) of the Act and our 
practice, we will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of boltless steel shelving from the PRC entered, 
or withdrawn from warehouse, for consumption after September 27, 2015, 
the date the provisional measures expired, and through the day 
preceding the date of publication of the ITC's final injury 
determination in the Federal Register.

Estimated Weighted-Average Dumping Margin

    The weighted-average antidumping duty margin percentages are as 
follows:

------------------------------------------------------------------------
                                                       Weighted-Average
           Exporter                   Producer         margin (percent)
------------------------------------------------------------------------
Zhongda United Holding Group   Jiaxing Zhongda                     17.55
 Co., Ltd.                      Metalwork Co., Ltd.
Jiaxing Zhongda Import &       Jiaxing Zhongda                     17.55
 Export Co., Ltd.               Metalwork Co., Ltd.
Ningbo ETDZ Huixing Trade      Haifa (Ningbo) Office               17.55
 Co., Ltd.                      Equipment Co., Ltd.
Ningbo ETDZ Huixing Trade      Ningbo Decko Metal                  17.55
 Co., Ltd.                      Products Trade Co.,
                                Ltd.
Ningbo ETDZ Huixing Trade      Lianfa Metal Product                17.55
 Co., Ltd.                      Co., Ltd.
Meridian International Co.,    Zhejiang Limai Metal                17.55
 Ltd.                           Products Co., Ltd.
Zhejiang Limai Metal Products  Zhejiang Limai Metal                17.55
 Co., Ltd.                      Products Co., Ltd.
HoiFat (NingBo) Office         HoiFat (NingBo)                     17.55
 Facilities Co., Ltd.           Office Facilities
                                Co., Ltd.
PRC-Wide Entity (including     .....................              112.68
 Nanjing Topsun Racking
 Manufacturing Co., Ltd.).
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    This notice constitutes the antidumping duty order with respect to 
boltless steel shelving from the PRC, pursuant to section 736(a) of the 
Act. Interested parties may contact the Department's Central Records 
Unit, Room B8024 of the main Commerce building, for copies of an 
updated list of antidumping duty orders currently in effect.
    This order is published in accordance with sections 736(a) of the 
Act and 19 CFR 351.211(b).

    Dated: October 15, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-26765 Filed 10-20-15; 8:45 am]
BILLING CODE 3510-DS-P