[Federal Register Volume 85, Number 151 (Wednesday, August 5, 2020)]
[Notices]
[Pages 47343-47348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17064]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-133]


Certain Metal Lockers and Parts Thereof From the People's 
Republic of China: Initiation of Less-Than-Fair-Value Investigation

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

DATES: Applicable July 29, 2020.

FOR FURTHER INFORMATION CONTACT: Patrick Barton at (202) 482-0012 or 
Laurel LaCivita at (202) 482-4243; AD/CVD Operations, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

The Petition

    On July 9, 2020, the U.S. Department of Commerce (Commerce) 
received an antidumping duty (AD) petition concerning imports of 
certain metal lockers and parts thereof (metal lockers) from the 
People's Republic of China (China) filed in proper form on behalf of 
List Industries, Inc., Lyon LLC, Penco Products, Inc., and Tennsco LLC 
(collectively, the petitioners), domestic producers of metal 
lockers.\1\ The Petition was accompanied by a countervailing duty (CVD) 
petition concerning imports of metal lockers from China.\2\
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    \1\ See Petitioners' Letter, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties: Certain Metal Lockers and 
Parts Thereof from the People's Republic of China,'' dated July 9, 
2020 (the Petition).
    \2\ Id.
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    On July 13, 2020, Commerce requested supplemental information 
pertaining to certain aspects of the Petition in separate supplemental 
questionnaires.\3\ Further, on July 22, 2020, Commerce held a 
conversation via telephone with counsel to the petitioners requesting 
further clarification regarding certain issues.\4\ As part of these 
requests, Commerce asked that the petitioners provide further 
information regarding the proposed scope to ensure that the scope 
language in the Petition is an accurate reflection of the products for 
which the domestic industry is seeking relief.\5\ On July 16, 17, and 
23, 2020, the petitioners filed responses to Commerce's supplemental 
questionnaires, which included revisions to the scope.\6\
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    \3\ See Commerce's Letters, ``Certain Metal Lockers and Parts 
Thereof from the People's Republic of China--Petitions for the 
Imposition of Antidumping and Countervailing Duties: Supplemental 
Questions,'' (Volume I Supplemental Questionnaire); and ``Certain 
Metal Lockers and Parts Thereof from the People's Republic of 
China--Petition for the Imposition of Antidumping Duties: 
Supplemental Questions,'' (Volume II Supplemental Questionnaire) 
both dated July 13, 2020.
    \4\ See Memorandum, ``Telephone Conversation with the 
Petitioners regarding Antidumping and Countervailing Duty Petitions 
Covering Certain Metal Lockers and Parts Thereof from the People's 
Republic of China,'' dated July 22, 2020.
    \5\ Id.
    \6\ See Petitioners' Letters, ``Certain Metal Lockers and Parts 
Thereof from the People's Republic of China--Petitioners' Response 
to Supplemental Questionnaire Regarding Volume I: General Issues'' 
(First General Issues Supplement); ``Certain Metal Lockers and Parts 
Thereof from the People's Republic of China--Petitioners' Response 
to Supplemental Questionnaire Regarding Volume II: Antidumping Duty 
Petition'' (China AD Supplement), both dated July 16, 2020; and 
``Certain Metal Lockers and Parts Thereof from the People's Republic 
of China--Petitioners' Petitioners' Second Amendment to Volume I 
Relating to General Issues,'' dated July 23, 2020 (Second General 
Issues Supplement).
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    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioners allege that imports of metal lockers 
from China are being, or are likely to be, sold in the United States at 
less than fair value (LTFV) within the meaning of section 731 of the 
Act, and that imports of such products are materially injuring, or 
threatening material injury to, the domestic metal locker industry in 
the United States.

[[Page 47344]]

Consistent with section 732(b)(1) of the Act, the Petition is 
accompanied by information reasonably available to the petitioners 
supporting the allegations.
    Commerce finds that the petitioners filed the Petition on behalf of 
the domestic industry, because the petitioners are interested parties, 
as defined in section 771(9)(C) of the Act. Commerce also finds that 
the petitioners demonstrated sufficient industry support for the 
initiation of the requested AD investigation.\7\
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    \7\ See the Petition at Volume I, section I.C., ``Information 
Related to Industry Support.''
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Period of Investigation

    Because China is a non-market economy (NME) country, pursuant to 19 
CFR 351.204(b)(1), the period of investigation (POI) is January 1, 2020 
through June 30, 2020.

Scope of the Investigation

    The merchandise covered by this investigation is metal lockers from 
China. For a full description of the scope of this investigation, see 
the appendix to this notice.

Comments on the Scope of the Investigation

    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (i.e., scope).\8\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determination. If scope comments include factual information, all such 
factual information should be limited to public information.\9\ To 
facilitate preparation of its questionnaires, Commerce requests that 
all interested parties submit such comments by 5:00 p.m. Eastern Time 
(ET) on August 18, 2020, which is 20 calendar days from the signature 
date of this notice. Any rebuttal comments, which may include factual 
information, must be filed by 5:00 p.m. ET on August 28, 2020, which is 
ten calendar days from the initial comment deadline.\10\
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    \8\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \9\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \10\ See 19 CFR 351.303(b).
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    Commerce requests that any factual information the parties consider 
relevant to the scope of the investigation be submitted during this 
period. However, if a party subsequently finds that additional factual 
information pertaining to the scope of the investigation may be 
relevant, the party may contact Commerce and request permission to 
submit the additional information. All such submissions must also be 
filed on the record of the concurrent CVD investigation.

Filing Requirements

    All submissions to Commerce must be filed electronically using 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS), unless an exception 
applies.\11\ An electronically filed document must be received 
successfully in its entirety by the time and date it is due.
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    \11\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on help using 
ACCESS can be found at https://access.trade.gov/help.aspx and a 
handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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Comments on Product Characteristics

    Commerce is providing interested parties an opportunity to comment 
on the appropriate physical characteristics of metal lockers to be 
reported in response to Commerce's AD questionnaires. This information 
will be used to identify the key physical characteristics of the 
subject merchandise in order to report the relevant factors of 
production (FOPs) accurately, as well as to develop appropriate 
product-comparison criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics.
    In order to consider the suggestions of interested parties in 
developing and issuing the AD questionnaires, all product 
characteristics comments must be filed by 5:00 p.m. ET on August 18, 
2020, which is 20 calendar days from the signature date of this notice. 
Any rebuttal comments must be filed by 5:00 p.m. ET on August 28, 2020. 
All comments and submissions to Commerce must be filed electronically 
using ACCESS.

Determination of Industry Support for the Petition

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
Poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC must apply the same statutory definition regarding the domestic 
like product,\12\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\13\
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    \12\ See section 771(10) of the Act.
    \13\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F. 2d 240 (Federal Circuit 
1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioners do not 
offer a definition of the domestic like product distinct from the scope 
of the investigation.\14\ Based on our analysis of

[[Page 47345]]

the information submitted on the record, we have determined that metal 
lockers, as defined in the scope, constitute a single domestic like 
product, and we have analyzed industry support in terms of that 
domestic like product.\15\
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    \14\ See Volume I of the Petition at 17-19; see also First 
General Issues Supplement at 6-9; and Second General Issues 
Supplement at 2-5.
    \15\ For a discussion of the domestic like product analysis as 
applied to this case and information regarding industry support, see 
Antidumping Duty Investigation Initiation Checklist: Certain Metal 
Lockers and Parts Thereof from the People's Republic of China (China 
AD Initiation Checklist) at Attachment II, ``Analysis of Industry 
Support for the Antidumping and Countervailing Duty Petitions 
Covering Certain Metal Lockers and Parts Thereof from China'' 
(Attachment II), dated concurrently with this notice and on file 
electronically via ACCESS.
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    In determining whether the petitioners have standing under section 
732(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition with reference to the domestic like product 
as defined in the ``Scope of the Investigation,'' in the appendix to 
this notice. To establish industry support, the petitioners provided 
their 2019 production of the domestic like product, as well as the 2019 
production of DeBourgh Manufacturing, a supporter of the Petition.\16\ 
The petitioners compared the production of the supporters of the 
Petition to the estimated total production of the domestic like product 
for the entire domestic industry.\17\ We relied on data provided by the 
petitioners for purposes of measuring industry support.\18\
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    \16\ See Volume I of the Petition at 3, 5 and Exhibit GEN-2; see 
also Second General Issues Supplement at 5-6 and Exhibit GEN-SUPP2-
2.
    \17\ See Volume I of the Petition at 3, 5 and Exhibits GEN-1 and 
GEN-2; see also First General Issues Supplement at 10 and Exhibit 
GEN-SUPP-1; and Second General Issues Supplement at 5-6 and Exhibit 
GEN-SUPP2-2.
    \18\ See Volume I of the Petition at 3, 5 and Exhibits GEN-1 and 
GEN-2; see also First General Issues Supplement at 10 and Exhibit 
GEN-SUPP-1; and Second General Issues Supplement at 5-6 and Exhibit 
GEN-SUPP2-2. For further discussion, see China AD Initiation 
Checklist at Attachment II.
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    Our review of the data provided in the Petition, the First General 
Issues Supplement, the Second General Issues Supplement, and other 
information readily available to Commerce indicates that the 
petitioners have established industry support for the Petition.\19\ 
First, the Petition established support from domestic producers (or 
workers) accounting for more than 50 percent of the total production of 
the domestic like product and, as such, Commerce is not required to 
take further action in order to evaluate industry support (e.g., 
polling).\20\ Second, the domestic producers (or workers) have met the 
statutory criteria for industry support under section 732(c)(4)(A)(i) 
of the Act because the domestic producers (or workers) who support the 
Petition account for at least 25 percent of the total production of the 
domestic like product.\21\ Finally, the domestic producers (or workers) 
have met the statutory criteria for industry support under section 
732(c)(4)(A)(ii) of the Act because the domestic producers (or workers) 
who support the Petition account for more than 50 percent of the 
production of the domestic like product produced by that portion of the 
industry expressing support for, or opposition to, the Petition.\22\ 
Accordingly, Commerce determines that the Petition was filed on behalf 
of the domestic industry within the meaning of section 732(b)(1) of the 
Act.\23\
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    \19\ See China AD Initiation Checklist at Attachment II.
    \20\ Id.; see also section 732(c)(4)(D) of the Act.
    \21\ See China AD Initiation Checklist at Attachment II.
    \22\ Id.
    \23\ Id.
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Allegations and Evidence of Material Injury and Causation

    The petitioners allege that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at LTFV. In addition, the petitioners allege that 
subject imports exceed the negligibility threshold provided for under 
section 771(24)(A) of the Act.\24\
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    \24\ See Volume I of the Petition at 19-20 and Exhibit GEN-1.
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    The petitioners contend that the industry's injured condition is 
illustrated by a significant and increasing volume of subject imports; 
reduced market share; underselling and price depression or suppression; 
lost sales and revenues; declines in production, capacity utilization, 
and shipments; and declines in operating income.\25\ We assessed the 
allegations and supporting evidence regarding material injury, threat 
of material injury, causation, as well as negligibility, and we have 
determined that these allegations are properly supported by adequate 
evidence, and meet the statutory requirements for initiation.\26\
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    \25\ See Volume I of the Petition at 16-17, 19-29 and Exhibits 
GEN-1, GEN-5, and GEN-8 through GEN-11; see also First General 
Issues Supplement at 11 and Exhibit GEN-SUPP-5.
    \26\ See China AD Initiation Checklist at Attachment III, 
Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petitions 
Covering Certain Metal Lockers and Parts Thereof from the People's 
Republic of China (Attachment III).
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Allegations of Sales at LTFV

    The following is a description of the allegations of sales at LTFV 
upon which Commerce based its decision to initiate the AD investigation 
of imports of metal lockers from China. The sources of data for the 
deductions and adjustments relating to U.S. price and normal value (NV) 
are discussed in greater detail in the China AD Investigation 
Initiation Checklist.

U.S. Price

    The petitioners based export price (EP) on pricing information for 
metal lockers produced in and exported from China and sold or offered 
for sale in the United States. The petitioners made certain adjustments 
to U.S. price to calculate a net ex-factory U.S. price.\27\
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    \27\ See China AD Initiation Checklist.
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Normal Value

    Commerce considers China to be an NME country.\28\ In accordance 
with section 771(18)(C)(i) of the Act, any determination that a foreign 
country is an NME country shall remain in effect until revoked by 
Commerce. Therefore, we continue to treat China as an NME country for 
purposes of the initiation of this investigation. Accordingly, NVs in 
China are appropriately based on FOPs valued in surrogate market 
economy countries, in accordance with section 773(c) of the Act.
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    \28\ See, e.g., Certain Collated Steel Staples From the People's 
Republic of China: Preliminary Affirmative Determination of Sales at 
Less Than Fair Value, Preliminary Affirmative Determination of 
Critical Circumstances, Postponement of Final Determination and 
Extension of Provisional Measures, 85 FR 882 (January 8, 2020), and 
accompanying Preliminary Decision Memorandum, unchanged in Certain 
Collated Steel Staples from the People's Republic of China: Final 
Affirmative Determination of Sales at Less Than Fair Value and Final 
Affirmative Critical Circumstances Determination, 85 FR 33623 (June 
2, 2020), and accompanying Issues and Decision Memorandum.
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    The petitioners argue that Mexico is an appropriate surrogate 
country for China because Mexico is a market economy country that is at 
a level of economic development comparable to that of China and is a 
significant producer of comparable merchandise.\29\ The petitioners 
submitted publicly available information from Mexico to value all 
FOPs.\30\ Based on the information provided by the petitioners, we 
determine that it is appropriate to use Mexico as a surrogate country 
for China for initiation purposes.
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    \29\ See Volume II of the Petition at 4-6 and Exhibit AD-3, 
``Costs in the Surrogate Country.''
    \30\ Id. at Exhibit AD-3.
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    Interested parties will have the opportunity to submit comments 
regarding the surrogate country selection and, pursuant to 19 CFR

[[Page 47346]]

351.301(c)(3)(i), will be provided an opportunity to submit publicly 
available information to value FOPs within 30 days before the scheduled 
date of the preliminary determination.

Factors of Production

    The petitioners used their own product-specific consumption rates 
as a surrogate to value Chinese manufacturers' FOPs.\31\ Additionally, 
the petitioners calculated factory overhead; selling, general and 
administrative expenses; and profit based on the experience of a 
Mexican producer of comparable merchandise.\32\
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    \31\ See China AD Supplement at Exhibit AD-S2, ``U.S. 
Consumption Quantities.''
    \32\ See China AD Supplement at Exhibit AD-S4, ``Normal Value.''
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Fair Value Comparisons

    Based on the data provided by the petitioners, there is reason to 
believe that imports of metal lockers from China are being, or are 
likely to be, sold in the United States at LTFV. Based on comparisons 
of EP to NV in accordance with sections 772 and 773 of the Act, the 
estimated dumping margins for metal lockers from China are 245.96 and 
322.25 percent.\33\
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    \33\ See China AD Supplement at Exhibit AD-S5, ``Margins of 
Dumping.''
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Initiation of LTFV Investigation

    We find that the Petition and petition supplements meet the 
requirements of section 732 of the Act. Therefore, we are initiating an 
AD investigation to determine whether imports of metal lockers from 
China are being, or are likely to be, sold in the United States at 
LTFV. In accordance with section 733(b)(1)(A) of the Act and 19 CFR 
351.205(b)(1), unless postponed, we will make our preliminary 
determination no later than 140 days after the date of this initiation.

Respondent Selection

    The Petition named 76 companies in China as producers/exporters of 
metal lockers.\34\ In accordance with our standard practice for 
respondent selection in AD investigations involving NME countries, 
Commerce selects respondents based on quantity and value (Q&V) 
questionnaires in cases where it has determined that the number of 
companies is large and it cannot individually examine each company 
based upon its resources. Therefore, considering the number of 
producers and exporters identified in the Petition, Commerce will 
solicit Q&V information that can serve as a basis for selecting 
exporters for individual examination in the event that Commerce decides 
to limit the number of respondents individually examined pursuant to 
section 777A(c)(2) of the Act. Since there are 76 producers and 
exporters for China identified in the Petition, Commerce has determined 
to limit the number of Q&V questionnaires that it will send out to 
exporters and producers based on U.S. Customs and Border Protection 
(CBP) data for certain metal lockers from China during the POI under 
the appropriate Harmonized Tariff Schedule of the United States number 
listed in the ``Scope of the Investigation,'' in the appendix. 
Accordingly, Commerce will send Q&V questionnaires to the largest 
producers and exporters that are identified in the CBP data for which 
there is address information on the record.
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    \34\ See Volume I of the Petition at 27 and Exhibit GEN-6, 
``List of Chinese Producers/Exporters.''
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    In addition, Commerce will post the Q&V questionnaire along with 
filing instructions on Enforcement and Compliance's website at https://www.trade.gov/ec-adcvd-case-announcements. Producers/exporters of metal 
lockers from China that do not receive Q&V questionnaires may still 
submit a response to the Q&V questionnaire and can obtain a copy of the 
Q&V questionnaire from Enforcement and Compliance's website. In 
accordance with the standard practice for respondent selection in AD 
cases involving NME countries, in the event Commerce decides to limit 
the number of respondents individually investigated, Commerce intends 
to base respondent selection on the responses to the Q&V questionnaire 
that it receives.
    Responses to the Q&V questionnaire must be submitted by the 
relevant Chinese producers/exporters no later than 5:00 p.m. ET on 
August 12, 2020, which is two weeks from the signature date of this 
notice. All Q&V questionnaire responses must be filed electronically 
via ACCESS. An electronically filed document must be received 
successfully, in its entirety, by ACCESS no later than 5:00 p.m. ET on 
the deadline noted above.
    On July 27, 2020, Commerce released CBP data on imports of metal 
lockers from China under administrative protective order (APO) to all 
parties with access to information protected by APO, and indicated that 
interested parties wishing to comment on the CBP data must do so within 
three business days of the publication date of the notice of initiation 
of this investigation.\35\ We further stated that we will not accept 
rebuttal comments.
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    \35\ See Memorandum, ``Certain Metal Lockers and Parts Thereof 
from the People's Republic of China: Release of Customs Data from 
U.S. Customs and Border Protection,'' dated July 27, 2020.
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    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305(b). Instructions for filing such 
applications may be found on Enforcement and Compliance's website at 
http://enforcement.trade.gov/apo.
    Comments must be filed electronically using ACCESS. An 
electronically filed document must be received successfully, in its 
entirety, by ACCESS no later than 5:00 p.m. ET on the deadline noted 
above. Commerce intends to finalize its decisions regarding respondent 
selection within 20 days of publication of this notice.

Separate Rates

    In order to obtain separate-rate status in an NME investigation, 
exporters and producers must submit a separate-rate application.\36\ 
The specific requirements for submitting a separate-rate application in 
a China investigation are outlined in detail in the application itself, 
which is available on Commerce's website at http://enforcement.trade.gov/nme/nme-sep-rate.html. The separate-rate 
application will be due 30 days after publication of this initiation 
notice.\37\ Exporters and producers who submit a separate-rate 
application and have been selected as mandatory respondents will be 
eligible for consideration for separate-rate status only if they 
respond to all parts of Commerce's AD questionnaire as mandatory 
respondents. Commerce requires that companies from China submit a 
response to both the Q&V questionnaire and the separate-rate 
application by the respective deadlines in order to receive 
consideration for separate-rate status. Companies not filing a timely 
Q&V questionnaire response will not receive separate rate 
consideration.
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    \36\ See Policy Bulletin 05.1: ``Separate-Rates Practice and 
Application of Combination Rates in Antidumping Investigation 
involving NME Countries,'' (April 5, 2005), available at http://enforcement.trade.gov/policy/bull05-1.pdf (Policy Bulletin 05.1).
    \37\ Although in past investigations this deadline was 60 days, 
consistent with 19 CFR 351.301(a), which states that ``the Secretary 
may request any person to submit factual information at any time 
during a proceeding,'' this deadline is now 30 days.
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Use of Combination Rates

    Commerce will calculate combination rates for certain respondents 
that are eligible for a separate rate in an NME investigation. The 
Separate Rates and Combination Rates Bulletin states:

    {w{time} hile continuing the practice of assigning separate 
rates only to exporters, all separate rates that the 
{Commerce{time}  will now

[[Page 47347]]

assign in its NME Investigation will be specific to those producers 
that supplied the exporter during the period of investigation. Note, 
however, that one rate is calculated for the exporter and all of the 
producers which supplied subject merchandise to it during the period 
of investigation. This practice applies both to mandatory 
respondents receiving an individually calculated separate rate as 
well as the pool of non-investigated firms receiving the weighted-
average of the individually calculated rates. This practice is 
referred to as the application of ``combination rates'' because such 
rates apply to specific combinations of exporters and one or more 
producers. The cash-deposit rate assigned to an exporter will apply 
only to merchandise both exported by the firm in question and 
produced by a firm that supplied the exporter during the period of 
investigation.\38\
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    \38\ See Policy Bulletin 05.1 at 6 (emphasis added).

Distribution of Copies of the AD Petition

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), copies of the public version of the AD Petition has been 
provided to the government of China via ACCESS. To the extent 
practicable, we will attempt to provide a copy of the public version of 
the AD Petition to each exporter named in the AD Petition, as provided 
under 19 CFR 351.203(c)(2).

ITC Notification

    Commerce will notify the ITC of its initiation, as required by 
section 732(d) of the Act.

Preliminary Determinations by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition was filed, whether there is a reasonable 
indication that imports of metal lockers from China are materially 
injuring, or threatening material injury to, a U.S. industry.\39\ A 
negative ITC determination will result in the investigation being 
terminated.\40\ Otherwise, this investigation will proceed according to 
statutory and regulatory time limits.
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    \39\ See section 733(a) of the Act.
    \40\ Id.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). Section 351.301(b) of Commerce's 
regulations requires any party, when submitting factual information, to 
specify under which subsection of 19 CFR 351.102(b)(21) the information 
is being submitted \41\ and, if the information is submitted to rebut, 
clarify, or correct factual information already on the record, to 
provide an explanation identifying the information already on the 
record that the factual information seeks to rebut, clarify, or 
correct.\42\ Time limits for the submission of factual information are 
addressed in 19 CFR 351.301, which provides specific time limits based 
on the type of factual information being submitted. Interested parties 
should review the regulations prior to submitting factual information 
in this investigation.
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    \41\ See 19 CFR 351.301(b).
    \42\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by Commerce. In general, an extension request will 
be considered untimely if it is filed after the expiration of the time 
limit established under 19 CFR 351.301. For submissions that are due 
from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 a.m. ET on the due date. 
Under certain circumstances, we may elect to specify a different time 
limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, we will inform parties in a letter or memorandum of the 
deadline (including a specified time) by which extension requests must 
be filed to be considered timely. An extension request must be made in 
a separate, stand-alone submission; under limited circumstances we will 
grant untimely-filed requests for the extension of time limits. Parties 
should review Extension of Time Limits; Final Rule, 78 FR 57790 
(September 20, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information 
in this investigation.

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\43\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\44\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \43\ See section 782(b) of the Act.
    \44\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to 
frequently asked questions regarding the Final Rule are available at 
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce 
published Antidumping and Countervailing Duty Proceedings: Documents 
Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). 
Parties wishing to participate in this investigation should ensure that 
they meet the requirements of these procedures (e.g., the filing of 
letters of appearance as discussed at 19 CFR 351.103(d)). Note that 
Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information.\45\
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    \45\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363. (July 
10, 2020).
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    This notice is issued and published pursuant to sections 732(c)(2) 
and 777(i) of the Act, and 19 CFR 351.203(c).

    Dated: July 29, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix--Scope of the Investigation

    The scope of this investigation covers certain metal lockers, 
with or without doors, and parts thereof (certain metal lockers). 
The subject certain metal lockers are metal storage devices less 
than 27 inches wide and less than 27 inches deep, whether floor 
standing, installed onto a base or wall-mounted. In a multiple 
locker assembly (whether a welded locker unit, otherwise assembled 
locker unit or knocked down unit or kit), the width measurement 
shall be based on the width of an individual locker not the overall 
unit dimensions. All measurements in this scope are based on actual 
measurements. The subject certain metal lockers typically include 
the bodies (back, side, shelf, top and bottom panels), door frames 
with or without doors which can be integrated into the sides or made 
separately, and doors. The subject metal lockers typically are made 
of flat-rolled metal, metal mesh and/or expanded metal, which 
includes but is not limited to alloy or non-alloy steel (whether or 
not galvanized or otherwise metallically coated for corrosion 
resistance), stainless steel, or aluminum, but the doors may also 
include transparent polycarbonate, Plexiglas or similar transparent 
material or any combination

[[Page 47348]]

thereof. Metal mesh refers to both wire mesh and expanded metal 
mesh. Wire mesh is a wire product in which the horizontal and 
transverse wires are welded at the cross-section in a grid pattern. 
Expanded metal mesh is made by slitting and stretching metal sheets 
to make a screen of diamond or other shaped openings. The doors are 
configured with or for a handle or other device that permit the use 
of a mechanical or electronic lock or locking mechanism, including, 
but not limited to: A combination lock, a padlock, a key lock, lever 
or knob lock, and a wireless lock. The subject locker may also enter 
with the lock or locking device included or installed. The doors or 
body panels may also include vents (including wire mesh or expanded 
metal mesh vents) or perforations. The bodies, body components and 
doors are typically powder coated, otherwise painted or epoxy coated 
or may be unpainted. The subject merchandise includes metal lockers 
imported either as welded or otherwise assembled units (ready for 
installation or use) or as knocked down units or kits (requiring 
assembly prior to installation or use).
    The subject lockers may be shipped as individual or multiple 
locker units preassembled, welded, or combined into banks or tiers 
for ease of installation or as sets of component parts, bulk packed 
(i.e., all backs in one package, crate, rack, carton or container 
and sides in another package, crate, rack, carton or container) or 
any combination thereof. The knocked down lockers are shipped 
unassembled requiring a supplier, contractor or end-user to assemble 
the individual lockers and locker banks prior to installation.
    The scope also includes all parts and components of lockers made 
from flat-rolled metal or expanded metal (e.g., doors, frames, 
shelves, tops, bottoms, backs, side panels, etc.) as well as 
accessories that are attached to the lockers when installed 
(including, but not limited to, slope tops, bases, expansion filler 
panels, dividers, recess trim, decorative end panels, and end caps) 
that may be imported together with lockers or other locker 
components or on their own. The particular accessories listed for 
illustrative purposes are defined as follows:
    a. Slope tops: Slope tops are slanted metal panels or units that 
fit on the tops of the lockers and that slope from back to front to 
prevent the accumulation of dust and debris on top of the locker and 
to discourage the use of the tops of lockers as storage areas. Slope 
tops come in various configurations including, but not limited to, 
unit slope tops (in place of flat tops), slope hoods made of a back, 
top and end pieces which fit over multiple units and convert flat 
tops to a sloping tops, and slope top kits that convert flat tops to 
sloping tops and include tops, backs and ends.
    b. Bases: Locker bases are panels made from flat-rolled metal 
that either conceal the legs of the locker unit, or for lockers 
without legs, provide a toe space in the front of the locker and 
conceal the flanges for floor anchoring.
    c. Expansion filler panel: Expansion filler panels or fillers 
are metal panels that attach to locker units to cover columns, pipes 
or other obstacles in a row of lockers or fill in gaps between the 
locker and the wall. Fillers may also include metal panels that are 
used on the sides or the top of the lockers to fill gaps.
    d. Dividers: Dividers are metal panels that divide the space 
within a locker unit into different storage areas.
    e. Recess trim: Recess trim is a narrow metal trim that bridges 
the gap between lockers and walls or soffits when lockers are 
recessed into a wall.
    f. Decorative end panels: End panels fit onto the exposed ends 
of locker units to cover holes, bolts, nuts, screws and other 
fasteners. They typically are painted to match the lockers.
    g. End caps: End caps fit onto the exposed ends of locker units 
to cover holes, bolts, nuts, screws and other fasteners.
    The scope also includes all hardware for assembly and 
installation of the lockers and locker banks that are imported with 
or shipped, invoiced or sold with the imported locker or locker 
system.
    Excluded from the scope are wire mesh lockers. Wire mesh lockers 
are those with each of the following characteristics:
    (1) At least three sides, including the door, made from wire 
mesh;
    (2) the width and depth each exceed 25 inches; and
    (3) the height exceeds 90 inches.
    Also excluded are lockers with bodies made entirely of plastic, 
wood or any nonmetallic material.
    Also excluded are exchange lockers with multiple individual 
locking doors mounted on one master locking door to access multiple 
units. Excluded exchange lockers have multiple individual storage 
spaces, typically arranged in tiers, with access doors for each of 
the multiple individual storage space mounted on a single frame that 
can be swung open to allow access to all of the individual storage 
spaces at once. For example, uniform or garment exchange lockers are 
designed for the distinct function of securely and hygienically 
exchanging clean and soiled uniforms. Thus, excluded exchange 
lockers are a multi-access point locker whereas covered lockers are 
a single access point locker for personal storage.
    Also excluded are metal lockers that are imported with an 
installed electronic, internet-enabled locking device that permits 
communication or connection between the locker's locking device and 
other internet connected devices.
    Also excluded are hardware and accessories for assembly and 
installation of the lockers, locker banks and storage systems that 
are separately imported in bulk and are not incorporated into a 
locker, locker system or knocked down kit at the time of 
importation. Such excluded hardware and accessories include but are 
not limited to bulk imported rivets, nuts, bolts, hinges, door 
handles, locks, door/frame latching components, and coat hooks. 
Accessories of sheet metal, including but not limited to end panels, 
bases, dividers and sloping tops, are not excluded accessories.
    The subject certain metal lockers are classified under 
Harmonized Tariff Schedule of the United States (HTSUS) subheading 
9403.20.0078. Parts of subject certain metal lockers are classified 
under HTS subheading 9403.90.8041. While HTSUS subheadings are 
provided for convenience and Customs purposes, the written 
description of the scope of the investigation is dispositive.

[FR Doc. 2020-17064 Filed 8-4-20; 8:45 am]
BILLING CODE 3510-DS-P