[Federal Register Volume 84, Number 162 (Wednesday, August 21, 2019)]
[Notices]
[Pages 43613-43615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18019]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-623 and 731-TA-1449 (Final)]
Vertical Metal File Cabinets From China; Scheduling of the Final
Phase of Countervailing Duty and Antidumping Duty Investigations
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping and countervailing duty investigation Nos.
701-TA-623 and 731-TA-1449 (Final) pursuant to the Tariff Act of 1930
(``the Act'') to determine whether an industry in the United States is
materially injured or threatened with material injury, or the
establishment of an industry in the United States is materially
retarded, by reason of imports of vertical metal file cabinets from
China, provided for in subheading 9403.10.0020 of the Harmonized Tariff
Schedule of the United States, preliminarily determined by the
Department of Commerce (``Commerce'') to be subsidized and sold at
less-than-fair-value.
DATES: July 24, 2019.
FOR FURTHER INFORMATION CONTACT: Lawrence Jones ((202) 205-3358),
Office of Investigations, U.S. International Trade Commission, 500 E
Street SW, Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
internet server (https://www.usitc.gov). The public record for these
investigations may be viewed on the Commission's electronic docket
(EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Scope.--For purposes of these investigations, Commerce has defined
the subject merchandise as ``freestanding vertical metal file cabinets
containing two or more extendable file storage elements and having an
actual width of 25 inches or less.
The subject vertical metal file cabinets have bodies made of carbon
and/or alloy steel and or other metals, regardless of whether painted,
powder coated, or galvanized or otherwise coated for corrosion
protection or aesthetic appearance. The subject vertical metal file
cabinets must have two or more extendable elements for file storage
(e.g., file drawers) of a height that permits hanging files of either
letter (8.5'' x 11'') or legal (8.5'' x 14'') sized documents.
An ``extendable element'' is defined as a movable load-bearing
storage component including, but not limited to, drawers and filing
frames. Extendable elements typically have suspension systems,
consisting of glide blocks or ball bearing glides, to facilitate
opening and closing.
The subject vertical metal file cabinets typically come in models
with two, three, four, or five-file drawers. The inclusion of one or
more additional non-file-sized extendable storage elements, not sized
for storage files (e.g., box or pencil drawers), does not remove an
otherwise in-scope product from the scope as long as the combined
height of the non-file-sized extendable storage elements does not
exceed six inches. The inclusion of an integrated storage area that is
not extendable (e.g., a cubby) and has an actual height of six inches
or less, also does not remove a subject vertical metal file cabinet
from the scope. Accessories packaged with a subject vertical file
cabinet, such as separate printer stands or shelf kits that sit on top
of the in-scope vertical file cabinet are not considered integrated
storage.
``Freestanding'' means the unit has a solid top and does not have
an open top or a top with holes punched in it that would permit the
unit to be attached to, hung from, or otherwise used to support
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a desktop or other work surface. The ability to anchor a vertical file
cabinet to a wall for stability or to prevent it from tipping over does
not exclude the unit from the scope.
The addition of mobility elements such as casters, wheels, or a
dolly does not remove the product from the scope. Packaging a subject
vertical metal file cabinet with other accessories, including, but not
limited to, locks, leveling glides, caster kits, drawer accessories
(e.g., including but not limited to follower wires, follower blocks,
file compressors, hanger rails, pencil trays, and hanging file
folders), printer stand, shelf kit and magnetic hooks, also does not
remove the product from the scope. Vertical metal file cabinets are
also in scope whether they are imported assembled or unassembled with
all essential parts and components included.
Excluded from the scope are lateral metal file cabinets. Lateral
metal file cabinets have a width that is greater than the body depth,
and have a body with an actual width that is more than 25 inches wide.
Also excluded from the scope are pedestal file cabinets. Pedestal
file cabinets are metal file cabinets with body depths that are greater
than or equal to their width, are under 31 inches in actual height, and
have the following characteristics: (1) An open top or other the means
for the cabinet to be attached to or hung from a desktop or other work
surface such as holes punched in the top (i.e., not freestanding); or
(2) freestanding file cabinets that have all of the following: (a) At
least a 90 percent drawer extension for all extendable file storage
elements; (b) a central locking system; (c) a minimum weight density of
9.5 lbs./cubic foot; and (d) casters or leveling glides.
``Percentage drawer extension'' is defined as the drawer travel
distance divided by the inside depth dimension of the drawer. Inside
depth of drawer is measured from the inside of the drawer face to the
inside face of the drawer back. Drawer extension is the distance the
drawer travels from the closed position to the maximum travel position
which is limited by the out stops. In situations where drawers do not
include an outstop, the drawer is extended until the drawer back is
3\1/2\ inches from the closed position of inside face of the drawer
front. The ``weight density'' is calculated by dividing the cabinet's
actual weight by its volume in cubic feet (the multiple of the
product's actual width, depth, and height). A ``central locking
system'' locks all drawers in a unit.
Also excluded from the scope are fire proof or fire-resistant file
cabinets that meet Underwriters Laboratories (UL) fire protection
standard 72, class 350, which covers the test procedures applicable to
fire-resistant equipment intended to protect paper records.
The merchandise subject to the investigation is classified under
Harmonized Tariff Schedule of the United States (HTSUS) statistical
reporting number 9403.10.0020. The subject merchandise may also enter
under HTSUS statistical reporting numbers 9403.10.0040, 9403.20.0080,
and 9403.20.0090. While HTSUS subheadings are provided for convenience
and customs purposes, the written description of the scope of the
investigation is dispositive.''
Background.--The final phase of these investigations is being
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative
preliminary determinations by Commerce that certain benefits which
constitute subsidies within the meaning of section 703 of the Act (19
U.S.C. 1671b) are being provided to manufacturers, producers, or
exporters in China of vertical metal file cabinets, and that such
products are being sold in the United States at less than fair value
within the meaning of section 733 of the Act (19 U.S.C. 1673b). The
investigations were requested in petitions filed on April 30, 2019, by
Hirsh Industries, LLC, Des Moines, Iowa.
For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19
CFR part 207).
Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in section 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of these investigations
available to authorized applicants under the APO issued in the
investigations, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigations. A party granted access
to BPI in the preliminary phase of the investigations need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on
September 25, 2019, and a public version will be issued thereafter,
pursuant to section 207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on Tuesday,
October 8, 2019, at the U.S. International Trade Commission Building.
Requests to appear at the hearing should be filed in writing with the
Secretary to the Commission on or before October 2, 2019. A nonparty
who has testimony that may aid the Commission's deliberations may
request permission to present a short statement at the hearing. All
parties and nonparties desiring to appear at the hearing and make oral
presentations should participate in a prehearing conference to be held
on October 7, 2019, at the U.S. International Trade Commission
Building, if deemed necessary. Oral testimony and written materials to
be submitted at the public hearing are governed by sections
201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. Parties
must submit any request to present a portion of their hearing testimony
in camera no later than 7 business days prior to the date of the
hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of section 207.23 of the Commission's
rules; the deadline for filing is October 2, 2019. Parties may also
file written testimony in connection with their presentation at the
hearing, as
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provided in section 207.24 of the Commission's rules, and posthearing
briefs, which must conform with the provisions of section 207.25 of the
Commission's rules. The deadline for filing posthearing briefs is
October 15, 2019. In addition, any person who has not entered an
appearance as a party to the investigations may submit a written
statement of information pertinent to the subject of the
investigations, including statements of support or opposition to the
petition, on or before October 15, 2019. On November 1, 2019, the
Commission will make available to parties all information on which they
have not had an opportunity to comment. Parties may submit final
comments on this information on or before November 5, 2019, but such
final comments must not contain new factual information and must
otherwise comply with section 207.30 of the Commission's rules. All
written submissions must conform with the provisions of section 201.8
of the Commission's rules; any submissions that contain BPI must also
conform with the requirements of sections 201.6, 207.3, and 207.7 of
the Commission's rules. The Commission's Handbook on E-Filing,
available on the Commission's website at https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, elaborates upon the
Commission's rules with respect to electronic filing.
Additional written submissions to the Commission, including
requests pursuant to section 201.12 of the Commission's rules, shall
not be accepted unless good cause is shown for accepting such
submissions, or unless the submission is pursuant to a specific request
by a Commissioner or Commission staff.
In accordance with sections 201.16(c) and 207.3 of the Commission's
rules, each document filed by a party to the investigations must be
served on all other parties to the investigations (as identified by
either the public or BPI service list), and a certificate of service
must be timely filed. The Secretary will not accept a document for
filing without a certificate of service.
Authority: These investigations are being conducted under
authority of title VII of the Tariff Act of 1930; this notice is
published pursuant to section 207.21 of the Commission's rules.
By order of the Commission.
Issued: August 16, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-18019 Filed 8-20-19; 8:45 am]
BILLING CODE 7020-02-P