[Federal Register Volume 84, Number 179 (Monday, September 16, 2019)]
[Notices]
[Pages 48584-48588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19949]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-088, C-570-089]
Certain Steel Racks and Parts Thereof From the People's Republic
of China: Amended Final Affirmative Antidumping Duty Determination and
Antidumping Duty Order; and Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC),
Commerce is issuing the antidumping duty (AD) and countervailing duty
(CVD) orders on certain steel racks and parts thereof (steel racks)
from the People's Republic of China (China). In addition, Commerce is
amending its final determination of sales at less than fair value
(LTFV) to correct ministerial errors.
DATES: Applicable September 16, 2019.
FOR FURTHER INFORMATION CONTACT: Maliha Khan (AD) or Robert Galantucci
(CVD), 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) 482-0895
and (202) 482-2923, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 705(d) of the Tariff Act of
1930, as amended (the Act), on July 24, 2019, Commerce published its
affirmative final determination of sales at LTFV \1\ and its
affirmative final determination that countervailable subsidies are
being provided to producers and exporters of steel racks from China.\2\
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\1\ See Certain Steel Racks and Parts Thereof from the People's
Republic of China: Final Affirmative Determination of Sales at Less
Than Fair Value, 84 FR 35595 (July 24, 2019) (AD Final
Determination).
\2\ See Certain Steel Racks and Parts Thereof from the People's
Republic of China: Final Affirmative Countervailing Duty
Determination, 84 FR 35592 (July 24, 2019) (CVD Final
Determination).
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On September 9, 2019, the ITC notified Commerce of its final
affirmative determination that an industry in the United States is
materially injured by reason of LTFV imports and subsidized imports of
steel racks from China, within the meaning of sections 735(b)(1)(A)(i)
and 705(b)(1)(A)(i) of the Act.\3\
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\3\ See ITC September 9, 2019 letter regarding notification of
final determinations (ITC Notification).
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Scope of the Orders
The products covered by these orders are steel racks from China.
For a complete description of the scope of the orders, see the Appendix
to this notice.
Amendment to the Final Determination of Sales at LTFV
Pursuant to sections 735(e) of the Act and 19 CFR 351.224(e) and
(f), Commerce is amending the AD Final Determination to correct two
ministerial errors. A ministerial error is defined as an error 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.\4\
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\4\ See section 735(e) of the Act; and 19 CFR 351.224(f).
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In the AD Final Determination, we made ministerial errors by
including a surrogate value for brokerage and handling (B&H) expenses
in our surrogate value spreadsheet and by stating that we added
surrogate B&H expenses to movement expenses for material inputs when we
did not do so. The record demonstrates that we intentionally did not
add surrogate B&H expenses to movement expenses for material inputs.
Therefore, we are amending the AD Final Determination to correct our
misstatement regarding the addition of surrogate B&H expenses and to
clarify our intention with respect to the inclusion of those expenses
in the surrogate values for material inputs. First, we did not add
surrogate B&H expenses to movement expenses for material inputs in the
AD Final Determination. Our statement that we did add these expenses is
incorrect. Second, our statements in the AD Final Determination
mischaracterize our intention with respect to B&H expenses related to
the movement of material inputs. Our statements indicate that we
intended to add surrogate B&H expenses to movement expenses for
material inputs when we did not. For further details, see the
Ministerial Error Memorandum.\5\
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\5\ See Memorandum, ``Less-Than-Fair-Value Investigation of
Steel Racks and Parts Thereof from the People's Republic of China:
Allegation of Ministerial Errors in the Final Determination,'' dated
September 10, 2019 (Ministerial Error Memorandum).
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[[Page 48585]]
AD Order
On September 9, 2019, in accordance with section 735(d) of the Act,
the ITC notified Commerce of its final determination that an industry
in the United States is materially injured within the meaning of
section 735(b)(1)(A)(i) of the Act by reason of imports of steel racks
from China that are sold in the United States at LTFV.\6\ Therefore, in
accordance with section 735(c)(2) of the Act, we are issuing this AD
order. Because the ITC determined that imports of steel racks from
China are materially injuring a U.S. industry, unliquidated entries of
such merchandise from China entered, or withdrawn from warehouse, for
consumption are subject to the assessment of antidumping duties.
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\6\ See ITC Notification.
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As a result of the ITC's final determination, in accordance with
section 736(a)(1) of the Act, Commerce will direct U.S. Customs and
Border Protection (CBP) to assess, upon further instruction by
Commerce, antidumping duties equal to the amount by which the normal
value of the merchandise exceeds the export price or constructed export
price of the subject merchandise, for all relevant entries of steel
racks from China. Antidumping duties will be assessed on unliquidated
entries of steel racks from China entered, or withdrawn from warehouse,
for consumption on or after March 4, 2019, the date of publication of
the AD Preliminary Determination,\7\ but antidumping duties will not be
assessed on entries of subject merchandise after the expiration of the
provisional measures period and before publication in the Federal
Register of the ITC's final injury determination, as further described
below.
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\7\ See Steel Racks and Parts Thereof from the People's Republic
of China: Preliminary Determination of Sales at Less Than Fair
Value, 84 FR 7326 (March 4, 2019) (AD Preliminary Determination). In
the AD Final Determination, we incorrectly stated that suspension
would continue from February 25, 2019. The correct date is March 4,
2019.
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Continuation of Suspension of Liquidation--AD
Except as noted in the ``Provisional Measures--AD'' section of this
notice below, in accordance with section 735(c)(1)(B) of the Act,
Commerce will instruct CBP to continue to suspend liquidation on all
relevant entries of steel racks from China. These instructions
suspending liquidation will remain in effect until further notice.
Commerce will also instruct CBP to require cash deposits equal to
the estimated weighted-average dumping margins indicated in the table
below. Given that the provisional measures period has expired, as
explained below, effective on the date of publication in the Federal
Register of the notice of the ITC's final affirmative injury
determination, CBP will require, at the same time as importers would
normally deposit estimated duties on subject merchandise, a cash
deposit equal to the estimated weighted-average dumping margins listed
in the table below.\8\ The China-wide entity rate applies to all
exporter-producer combinations not specifically listed.
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\8\ See section 736(a)(3) of the Act.
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Provisional Measures--AD
Section 733(d) of the Act states that suspension of liquidation
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
that Commerce extend the four-month period to no more than six months.
At the request of exporters that account for a significant proportion
of steel racks from China, Commerce extended the four-month period to
six months in this proceeding. Commerce published the preliminary
determination on March 4, 2019. Hence, the extended provisional
measures period, beginning on the date of publication of the
preliminary determination, ended on August 30, 2019.
Therefore, in accordance with section 733(d) of the Act and our
practice,\9\ Commerce will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of steel racks from China, entered, or withdrawn
from warehouse, for consumption after August 30, 2019, the final day on
which the provisional measures were in effect, until and through the
day preceding the date of publication of the ITC's final affirmative
injury determination in the Federal Register.Suspension of liquidation
and the collection of cash deposits will resume on the date of
publication of the ITC's final determination in the Federal Register.
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\9\ See Certain Corrosion-Resistant Steel Products from India,
Italy, the People's Republic of China, the Republic of Korea and
Taiwan: Amended Final Affirmative Antidumping Determination for
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390, 48392
(July 25, 2016).
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Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margin percentages are as
follows:
------------------------------------------------------------------------
Estimated
weighted-
Exporter Producer average
dumping margin
(percent)
------------------------------------------------------------------------
Nanjing Dongsheng Shelf Nanjing Dongsheng Shelf 18.06
Manufacturing Co., Ltd. Manufacturing Co., Ltd.
Ateel Display Industries Ateel Display 18.06
(Xiamen) Co., Ltd. Industries (Xiamen)
Co., Ltd.
CTC Universal (Zhangzhou) CTC Universal 18.06
Industrial Co., Ltd. (Zhangzhou) Industrial
Co., Ltd.
David Metal Craft Manufactory David Metal Craft 18.06
Ltd. Manufactory Ltd.
Guangdong Wireking Housewares Guangdong Wireking 18.06
and Hardware Co., Ltd. Housewares and
Hardware Co., Ltd.
Hebei Minmetals Co., Ltd....... Hebei Wuxin Garden 18.06
Products Co., Ltd.
Hebei Minmetals Co., Ltd....... Huanghua Xinxing 18.06
Furniture Co., Ltd.
Hebei Minmetals Co., Ltd....... Huanghua Xingyu 18.06
Hardware Products Co.,
Ltd.
Hebei Minmetals Co., Ltd....... Huangua Qingxin 18.06
Hardware Products Co.,
Ltd.
Hebei Minmetals Co., Ltd....... Huangua Haixin Hardware 18.06
Products Co., Ltd.
Hebei Minmetals Co., Ltd....... Huanghua Hualing 18.06
Hardware Products Co.,
Ltd.
i-Lift Equipment Ltd........... Yuanda Storage 18.06
Equipment Ltd.
Jiangsu Nova Intelligent Jiangsu Nova 18.06
Logistics Equipment Co., Ltd. Intelligent Logistics
Equipment Co., Ltd.
Johnson (Suzhou) Metal Products Johnson (Suzhou) Metal 18.06
Co., Ltd. Products Co., Ltd.
Master Trust (Xiamen) Import Zhangzhou Hongcheng 18.06
and Export Co., Ltd. Hardware & Plastic
Industry Co., Ltd.
Nanjing Ironstone Storage Jiangsu Baigeng 18.06
Equipment Co., Ltd. Logistics Equipments
Co., Ltd.
[[Page 48586]]
Nanjing Kingmore Logistics Nanjing Kingmore 18.06
Equipment Manufacturing Co., Logistics Equipment
Ltd. Manufacturing Co., Ltd.
Nanjing Kingmore Logistics Jiangsu Kingmore 18.06
Equipment Manufacturing Co., Storage Equipment
Ltd. Manufacturing Co., Ltd.
Ningbo Beilun Songyi Warehouse Ningbo Beilun Songyi 18.06
Equipment Manufacturing Co., Warehouse Equipment
Ltd. Manufacturing Co., Ltd.
Ningbo Xinguang Rack Co., Ltd.. Ningbo Xinguang Rack 18.06
Co., Ltd.
Qingdao Rockstone Logistics Qingdao Rockstone 18.06
Appliance Co., Ltd. Logistics Appliance
Co., Ltd.
Redman Corporation............. Redman Corporation..... 18.06
Redman Import & Export Limited. Redman Corporation..... 18.06
Suzhou (China) Sunshine Changzhou Tianyue 18.06
Hardware & Equipment Imp. & Storage Equipment Co.,
Exp. Co. Ltd. Ltd.
Suzhou (China) Sunshine Ningbo Beilun Songyi 18.06
Hardware & Equipment Imp. & Warehouse Equipment
Exp. Co. Ltd. Manufacturing Co., Ltd.
Tianjin Master Logistics Tianjin Master 18.06
Equipment Co., Ltd. Logistics Equipment
Co., Ltd.
Waken Display System Co., Ltd.. CTC Universal 18.06
(Zhangzhou) Industrial
Co., Ltd.
Xiamen Baihuide Manufacturing Xiamen Baihuide 18.06
Co., Ltd. Manufacturing Co., Ltd.
Xiamen Ever Glory Fixtures Co., Fujian First Industry 18.06
Ltd. and Trade Co., Ltd.
Xiamen Ever Glory Fixtures Co., Fujian Ever Glory 18.06
Ltd. Fixtures Co., Ltd.
Xiamen Ever Glory Fixtures Co., Xiamen Ever Glory 18.06
Ltd. Fixtures Co., Ltd.
Xiamen Golden Trust Industry & Xiamen Golden Trust 18.06
Trade Co., Ltd. Industry & Trade Co.,
Ltd.
Xiamen Kingfull Imp and Exp Xiamen Huiyi Beauty 18.06
Co., Ltd. (d.b.a) Xiamen Furniture Co., Ltd.
Kingfull Displays Co., Ltd.
Xiamen Kingfull Imp and Exp Xiamen LianHong 18.06
Co., Ltd. (d.b.a) Xiamen Industry and Trade
Kingfull Displays Co., Ltd. Co., Ltd.
Xiamen LianHong Industry and Xiamen LianHong 18.06
Trade Co., Ltd. Industry and Trade
Co., Ltd.
Xiamen Luckyroc Industry Co., Xiamen Luckyroc Storage 18.06
Ltd. Equipment Manufacture
Co., Ltd.
Xiamen Meitoushan Metal Xiamen Meitoushan Metal 18.06
Products Co., Ltd. Products Co., Ltd.
Xiamen Power Metal Display Co., Xiamen Power Metal 18.06
Ltd. Display Co., Ltd.
Xiamen XinHuiYuan Industrial & Xiamen XinHuiYuan 18.06
Trade Co., Ltd. Industrial & Trade
Co., Ltd.
Xiamen Yiree Display Fixtures Xiamen Yiree Display 18.06
Co., Ltd. Fixtures Co., Ltd.
Zhangjiagang Better Display Zhangjiagang Better 18.06
Co., Ltd. Display Co., Ltd.
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China-wide entity.......... ....................... 144.50
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CVD Order
On September 9, 2019, in accordance with sections 705(b)(1)(A)(i)
and 705(d) of the Act, the ITC notified Commerce of its final
determination that an industry in the United States is materially
injured by reason of subsidized imports of steel racks from China.\10\
Therefore, in accordance with sections 705(c)(2) and 706 of the Act, we
are issuing this CVD order.
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\10\ See ITC Notification.
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As a result of the ITC's final affirmative determination, in
accordance with section 706(a) of the Act, Commerce will direct CBP to
assess, upon further instruction by Commerce, countervailing duties on
unliquidated entries of steel racks from China entered, or withdrawn
from warehouse, for consumption on or after December 3, 2018, the date
of publication of the CVD Preliminary Determination,\11\ but will not
include entries occurring after the expiration of the provisional
measures period and before publication in the Federal Register of the
ITC's final injury determination, as further described below.
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\11\ See 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 (December 3, 2018) (CVD Preliminary
Determination).
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Suspension of Liquidation--CVD
In accordance with section 706 of the Act, we will instruct CBP to
reinstitute suspension of liquidation on all relevant entries of
subject merchandise (i.e., steel racks from China), effective on the
date of publication of the ITC's notice of final affirmative injury
determination in the Federal Register, and to assess, upon further
instruction by Commerce, pursuant to section 706(a)(1) of the Act,
countervailing duties for each entry of the subject merchandise in an
amount based on the net countervailable subsidy rate for the subject
merchandise. We will also instruct CBP to require, at the same time as
importers would normally deposit estimated duties on this merchandise,
cash deposits for each entry of subject merchandise equal to the rates
noted below.
These instructions suspending liquidation will remain in effect
until further notice. The all-others rate applies to all producers or
exporters not specifically listed. The estimated subsidy rates for the
countervailing duty order are as follows:
------------------------------------------------------------------------
Subsidy rate
Company (percent)
------------------------------------------------------------------------
Designa Inc............................................. 102.23
Dongguan Baike Electronic Co., Ltd...................... 102.23
Ezidone Display Corp. Ltd............................... 102.23
Fenghua Huige Metal Products Co., Ltd................... 102.23
[[Page 48587]]
Formost Plastic Metal Works (Jiaxing) Co., Ltd.......... 102.23
Jiangsu Kingmore Storage Equipment Manufacturing Co., 102.23
Ltd....................................................
Nanjing Dongsheng Shelf Manufacturing Co., Ltd.......... 1.50
Nanjing Huade Storage Equipment Manufacture Co., Ltd.... 102.23
Ningbo Bocheng Home Products Co., Ltd................... 102.23
Ningbo Joys Imp. & Exp. Co., Ltd........................ 102.23
Ningbo Li Zhan Import & Export Co....................... 102.23
Qingdao Haineng Hardware Products Co., Ltd.............. 102.23
Qingdao Huatian Hand Truck Co., Ltd..................... 102.23
Qingdao Zeal-Line Stainless Steel Products Co., Ltd..... 102.23
Seven Seas Furniture Industrial (Xiamen) Co., Ltd....... 102.23
Shijiazhuang Wells Trading & Mfg. Co., Ltd.............. 102.23
Tangshan Apollo Energy Equipment Company................ 102.23
All-Others.............................................. 1.50
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Provisional Measures--CVD
Section 703(d) of the Act states that suspension of liquidation
instructions issued pursuant to an affirmative preliminary
determination may not remain in effect for more than four months.
Commerce published its CVD Preliminary Determination on December 3,
2018. Therefore, the four-month period beginning on the date of the
publication of the Preliminary Determination continued through April 1,
2019.
Therefore, in accordance with section 703(d) of the Act, Commerce
instructed CBP to terminate the suspension of liquidation and to
liquidate, without regard to countervailing duties, unliquidated
entries of steel racks from China entered, or withdrawn from warehouse,
for consumption on or after April 2, 2019, the date on which
provisional measures expired, through the day preceding the date of
publication of the ITC's final affirmative injury determinations in the
Federal Register. Suspension of liquidation will resume on the date of
publication of the ITC's final affirmative injury determinations in the
Federal Register.
Notifications to Interested Parties
This notice constitutes the AD and CVD orders with respect to steel
racks from China pursuant to sections 736(a) and 706(a) of the Act.
Interested parties can find a list of orders currently in effect at
http://enforcement.trade.gov/stats/iastats1.html.
These orders are published in accordance with sections 706(a) and
736(a) of the Act and 19 CFR 351.211(b).
Dated: September 11, 2019.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix
Scope of the Orders
The merchandise covered by these orders 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 (e.g., 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,
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. Subject steel racks have the following physical
characteristics:
(1) Each steel vertical and horizontal load bearing member
(e.g., arms, beams, posts, and columns) is composed of steel that is
at least 0.044 inches thick;
(2) Each steel vertical and horizontal load bearing member
(e.g., arms, beams, posts, and columns) is composed of steel that
has a yield strength equal to or greater than 36,000 pounds per
square inch;
(3) The width of each steel vertical load bearing member (e.g.,
posts and columns) exceeds two inches; and
(4) The overall depth of each steel roll-formed horizontal load
bearing member (e.g., beams) exceeds two inches.
In the case of steel horizontal load bearing members other than
roll-formed (e.g., structural beams, Z-beams, or cantilever arms),
only the criteria in subparagraphs (1) and (2) apply to these
horizontal load bearing members. The depth limitation in
subparagraph (4) does not apply to steel horizontal load bearing
members that are not roll-formed.
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
these orders, 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) other dimensions, weight, 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) rack 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
[[Page 48588]]
merchandise from the scope of these orders 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 these orders 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 these
orders 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 these orders 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., units 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 these orders 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 FR 63,741 (October 21,
2017); and 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
FR 63,745 (October 21, 2017).
Also excluded from the scope of these orders 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.
Such excluded components of boltless steel shelving are defined
as:
(1) Boltless horizontal supports (beams, braces) that have each
of the following characteristics: (a) A length of 95 inches or less,
(b) made from steel that has a thickness of 0.068 inches or less,
and (c) a weight capacity that does not exceed 2,500 lbs per pair of
beams for beams that are 78'' or shorter, a weight capacity that
does not exceed 2,200 lbs per pair of beams for beams that are over
78'' long but not longer than 90'', and/or a weight capacity that
does not exceed 1,800 lbs per pair of beams for beams that are
longer than 90'';
(2) shelf supports that mate with the aforementioned horizontal
supports; and
(3) boltless vertical supports (upright welded frames and posts)
that have each of the following characteristics: (a) A length of 95
inches or less, (b) with no face that exceeds 2.90 inches wide, and
(c) made from steel that has a thickness of 0.065 inches or less.
Excluded from the scope of these orders are: (1) Wall-mounted
shelving and racks, defined as shelving and racks that suspend all
of the load from the wall, and do not stand on, or transfer load to,
the floor; (2) ceiling-mounted shelving and racks, defined as
shelving and racks that suspend all of the load from the ceiling and
do not stand on, or transfer load to, the floor; and (3) wall/
ceiling mounted shelving and racks, defined as shelving and racks
that suspend the load from the ceiling and the wall and do not stand
on, or transfer load to, the floor. The addition of a wall or
ceiling bracket or other device to attach otherwise subject
merchandise to a wall or ceiling does not meet the terms of this
exclusion.
Also excluded from the scope of these orders is scaffolding that
complies with ANSI/ASSE A10.8--2011--Scaffolding Safety
Requirements, CAN/CSA S269.2-M87 (Reaffirmed 2003)--Access
Scaffolding for Construction Purposes, and/or Occupational Safety
and Health Administration regulations at 29 CFR part 1926 subpart
L--Scaffolds.
Also excluded from the scope of these orders are tubular racks
such as garment racks and drying racks, i.e., racks in which the
load bearing vertical and horizontal steel members consist solely
of: (1) Round tubes that are no more than two inches in diameter;
(2) round rods that are no more than two inches in diameter; (3)
other tubular shapes that have both an overall height of no more
than two inches and an overall width of no more than two inches;
and/or (4) wire.
Also excluded from the scope of these orders are portable tier
racks. Portable tier racks must meet each of the following criteria
to qualify for this exclusion:
(1) They are freestanding, portable assemblies with a fully
welded base and four freely inserted and easily removable corner
posts;
(2) They are assembled without the use of bolts, braces,
anchors, brackets, clips, attachments, or connectors;
(3) One assembly may be stacked on top of another without
applying any additional load to the product being stored on each
assembly, but individual portable tier racks are not securely
attached to one another to provide interaction or interdependence;
and
(4) The assemblies have no mechanism (e.g., a welded foot plate
with bolt holes) for anchoring the assembly to the ground.
Also excluded from the scope of these orders are accessories
that are independently bolted to the floor and not attached to the
rack system itself, i.e., column protectors, corner guards,
bollards, and end row and end of aisle protectors.
Merchandise covered by these orders is currently classified in
the Harmonized Tariff Schedule of the United States (HTSUS) under
the following subheadings: 7326.90.8688, 9403.20.0081 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.\12\
\12\ See Memorandum, ``Steel Racks from the People's Republic of
China (A-570-088, C-570-089),'' dated August 8, 2019. CBP notified
Commerce that HTSUS number 9403.20.0080 was replaced with
9403.20.0081.
[FR Doc. 2019-19949 Filed 9-13-19; 8:45 am]
BILLING CODE 3510-DS-P