[Federal Register Volume 84, Number 207 (Friday, October 25, 2019)]
[Notices]
[Pages 57398-57400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23337]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-110]
Vertical Metal File Cabinets From the People's Republic of China:
Final Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that vertical
metal file cabinets (file cabinets) from the People's Republic of China
(China) are being, or are likely to be, sold in the United States at
less than fair value (LTFV).
DATES: Applicable October 25, 2019.
FOR FURTHER INFORMATION CONTACT: Kathryn Wallace, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6251.
SUPPLEMENTARY INFORMATION:
Background
On August 1, 2019, Commerce published its Preliminary Determination
of sales at LTFV of file cabinets from China and gave parties an
opportunity to comment.\1\ Commerce received no comments or requests
for a hearing. As there are no changes from, or comments upon, the
Preliminary Determination, Commerce finds that there is no reason to
modify its analysis. Accordingly, no decision memorandum accompanies
this Federal Register notice. For further details of the issues
addressed in this proceeding, see the Preliminary Determination.\2\
---------------------------------------------------------------------------
\1\ See Vertical Metal File Cabinets from the Republic of China:
Preliminary Affirmative Determination of Sales at Less Than Fair
Value, 84 FR 37618 (August 1, 2019) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum.
\2\ See Preliminary Determination, 84 FR at 37618.
---------------------------------------------------------------------------
Period of Investigation
The period of investigation (POI) is October 1, 2017 through March
31, 2018.
Scope of the Investigation
The merchandise covered by this investigation is file cabinets from
China. For a complete discussion of the scope of this investigation,
see the Appendix to this notice.
Separate Rates
As no company subject to this investigation submitted an
application for separate rate status, Commerce preliminarily determined
that none of the companies subject to this investigation demonstrated
eligibility for separate rate status and were thus found to be part of
the China-wide entity.\3\ In this final determination, we continue to
treat all 62 exporters or producers subject to this investigation as
part of the China-wide entity.\4\
---------------------------------------------------------------------------
\3\ Id.
\4\ Id.
---------------------------------------------------------------------------
China-Wide Entity
As explained in the Preliminary Determination, Commerce did not
receive timely responses to its quantity and value (Q&V) questionnaire
from exporters and/or producers of subject merchandise that were named
in the petition and to which Commerce issued Q&V questionnaires.\5\ As
noted above, these non-responsive companies also did not demonstrate
separate rate eligibility, and accordingly, were determined to be a
part of the China-wide entity. Furthermore, as explained in the
Preliminary Determination, the China-wide entity failed to provide
necessary information, withheld information requested by Commerce,
failed to provide information in a timely manner, and significantly
impeded this proceeding by not submitting the requested information.
Moreover, the China-wide entity was found to be non-cooperative.\6\
Thus, we continue to find that the use of adverse facts available (AFA)
pursuant to section 776(a)-(b) of the Act is appropriate, and we are
continuing to base the China-wide entity's rate on AFA.
---------------------------------------------------------------------------
\5\ See Preliminary Decision Memorandum at 6.
\6\ Id. at 6-7.
---------------------------------------------------------------------------
China-Wide Rate
In selecting the AFA rate for the China-wide entity, Commerce's
practice is to select a rate that is sufficiently adverse to ensure
that the uncooperative party does not obtain a more favorable result by
failing to cooperate than if it
[[Page 57399]]
had fully cooperated.\7\ Specifically, it is Commerce's practice to
select, as an AFA rate, the higher of: (a) The highest dumping margin
alleged in the petition; or (b) the highest calculated dumping margin
of any respondent in the investigation.\8\ As AFA, Commerce has
continued to assign to the China-wide entity the highest petition rate,
198.5 percent.\9\
---------------------------------------------------------------------------
\7\ See, e.g., Notice of Preliminary Determination of Sales at
Less Than Fair Value and Postponement of Final Determination:
Purified Carboxymethyl cellulose from Finland, 69 FR 77216, 77219
(December 27, 2004), unchanged in Notice of Final Determination of
Sales at Less Than Fair Value: Purified Carboxymethyl Cellulose from
Finland, 70 FR 28279, 28279 (May 17, 2005).
\8\ See, e.g., Certain Stilbenic Optical Brightening Agents from
the People's Republic of China: Final Determination of Sales at Less
Than Fair Value, 77 FR 17436, 17438 (March 26, 2012); Final
Determination of Sales at Less Than Fair Value: Certain Cold-Rolled
Flat-Rolled Carbon Quality Steel Products from the People's Republic
of China, 65 FR 34660 (May 31, 2000), and accompanying Issues and
Decision Memorandum.
\9\ See Preliminary Determination at 84 FR 37618.
---------------------------------------------------------------------------
Final Determination
Commerce determines that the following weighted-average dumping
margins exist for the period October 1, 2018 through March 31, 2019:
------------------------------------------------------------------------
Estimated
weighted-
Estimated average dumping
Producer/exporter weighted- margin adjusted
average dumping for export
margin (percent) subsidy offset
(percent)
------------------------------------------------------------------------
China-Wide Entity................... 198.5 160.77
------------------------------------------------------------------------
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a preliminary determination within five
days of its public announcement or, if there is no public announcement,
within five days of the date of publication of this notice in
accordance with 19 CFR 351.224(b). However, because Commerce applied
total AFA to the China-wide entity in this investigation in accordance
with section 776 of the Act, and the applied AFA rate is based solely
on the petition, there are no calculations to disclose.
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of file cabinets from
China, as described in the appendix to this notice, which were entered,
or withdrawn from warehouse, for consumption on or after August 1,
2019, the date of publication of the Preliminary Determination of this
investigation in the Federal Register. Further, Commerce will instruct
CBP to require a cash deposit equal to the estimated amount by which
the normal value exceeds the U.S. price as shown above.
To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of domestic
subsidy pass-through and export subsidies determined in a companion CVD
proceeding when CVD provisional measures are in effect. Accordingly,
where Commerce makes an affirmative determination for domestic subsidy
pass-through or export subsidies, Commerce offsets the calculated
estimated weighted-average dumping margin by the appropriate rate(s).
Commerce continues to find no domestic subsidy-pass through and to
adjust for export subsidies, as explained in the Preliminary
Determination.\10\
---------------------------------------------------------------------------
\10\ See Preliminary Decision Memorandum at 9-10.
---------------------------------------------------------------------------
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), Commerce will instruct CBP to require a cash deposit equal
to the weighted-average amount by which NV exceeds U.S. price as
follows: (1) For all combinations of exporters/producers of merchandise
under consideration that have not received their own separate rate, the
cash-deposit rate will be the cash deposit rate established for the
China-wide entity; and (2) for all non-Chinese exporters of the
merchandise under consideration which have not received their own
separate rate above, the cash-deposit rate will be the cash deposit
rate applicable to the Chinese exporter/producer combination that
supplied that non-Chinese exporter. These suspension of liquidation
instructions will remain in effect until further notice.
International Trade Commission (ITC) Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (ITC) of the final affirmative
determination of sales at LTFV. Because the final determination in this
proceeding is affirmative, in accordance with section 735(b)(2) of the
Act, the ITC will make its final determination as to whether the
domestic industry in the United States is materially injured, or
threatened with material injury, by reason of imports, or sales (or the
likelihood of sales) for importation of file cabinets from China before
the later of 120 days after our preliminary determination or 45 days
after our final determination. If the ITC determines that material
injury or threat of material injury does not exist, the proceeding will
be terminated, and all cash deposits will be refunded. If the ITC
determines that such injury does exist, Commerce will issue an
antidumping duty order directing CBP to assess, upon further
instruction by Commerce, antidumping duties on all imports of the
subject merchandise, entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation.
Notification Regarding Administrative Protective Orders
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the
return or destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and the terms of an APO is a violation subject to sanction.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c).
[[Page 57400]]
Dated: October 7, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigation
The scope of this investigation covers 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
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-l/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) subheading
9403.10.0020. The subject merchandise may also enter under HTSUS
subheadings 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.
[FR Doc. 2019-23337 Filed 10-24-19; 8:45 am]
BILLING CODE 3510-DS-P