[Federal Register Volume 88, Number 49 (Tuesday, March 14, 2023)]
[Notices]
[Pages 15667-15668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05170]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-056, A-552-821]


Certain Tool Chests and Cabinets From the People's Republic of 
China and the Socialist Republic of Vietnam: Final Results of the 
Expedited Sunset Reviews of the Antidumping Duty Orders

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

SUMMARY: As a result of these expedited sunset reviews, the U.S. 
Department of Commerce (Commerce) finds that revocation of the 
antidumping duty (AD) orders on certain tool chests and cabinets (tool 
chests and cabinets) from the People's Republic of China (China) and 
the Socialist Republic of Vietnam (Vietnam) would be likely to lead to 
continuation or recurrence of dumping at the level indicated in the 
``Final Results of Sunset Reviews'' section of this notice.

DATES: Applicable March 14, 2023.

FOR FURTHER INFORMATION CONTACT: Claudia Cott, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4270.

SUPPLEMENTARY INFORMATION: 

Background

    On June 4, 2018, Commerce published in the Federal Register the AD 
orders on tool chests from China and Vietnam.\1\ On December 1, 2022, 
Commerce published the Initiation Notice of the five-year sunset 
reviews of the Orders pursuant to section 751(c) of the Tariff Act of 
1930, as amended (the Act).\2\ In accordance with 19 CFR 
351.218(d)(1)(i) and (ii), Commerce received notices of

[[Page 15668]]

intent to participate in these sunset reviews from Stanley Black & 
Decker (the domestic interested party) within 15 days after the date of 
publication of the Initiation Notice.\3\ The domestic interested party 
claimed interested party status under section 771(9)(C) of the Act as a 
producer of a domestic like product in the United States.\4\
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    \1\ See Certain Tool Chests and Cabinets from the People's 
Republic of China and the Socialist Republic of Vietnam: Antidumping 
Duty Orders, 83 FR 25645 (June 4, 2018) (collectively, Orders).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 73757 
(December 1, 2022) (Initiation Notice).
    \3\ See Domestic Interested Party's Letters, ``Five Year 
(``Sunset'') Review of the Antidumping Duty Order on Tool Chests and 
Cabinets from China--Domestic Interested Party's Notice of Intent to 
Participate,'' dated December 15, 2022; see also ``Five Year 
(``Sunset'') Review of the Antidumping Duty Order on Tool Chests and 
Cabinets from Vietnam--Domestic Interested Party's Notice of Intent 
to Participate,'' dated December 15, 2022 (Notices of Intent to 
Participate). The petitioner in the underlying investigation, 
Waterloo Industries Inc. (Waterloo), was acquired by Stanley Black & 
Decker Corporation on July 28, 2017, and now operates under the 
Stanley Black & Decker name.
    \4\ Id.
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    Commerce received timely, adequate substantive responses to the 
Initiation Notice from the domestic interested party within the 30-day 
period specified in 19 CFR 351.218(d)(3)(i).\5\ We did not receive 
substantive responses from any other interested parties.
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    \5\ See Domestic Interested Party's Letters, ``Five Year 
(``Sunset'') Review of the Antidumping Duty Order on Tool Chests and 
Cabinets from China--Domestic Interested Party's Substantive 
Response,'' dated January 3, 2023 (China Substantive Response); see 
also ``Five Year (``Sunset'') Review of the Antidumping Duty Order 
on Tool Chests and Cabinets from Vietnam--Domestic Interested 
Party's Substantive Response,'' dated January 3, 2023 (Vietnam 
Substantive Response).
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    On January 25, 2023, Commerce notified the U.S. International Trade 
Commission (ITC) that it did not receive an adequate substantive 
response from other interested parties.\6\ As a result, in accordance 
with section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2), Commerce conducted expedited, i.e., 120-day 
sunset reviews of the Orders.
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    \6\ See Commerce's Letter, ``Sunset Reviews Initiated December 
1, 2022,'' dated January 25, 2023.
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Scope of the Orders

    The products covered by these Orders are certain metal tool chests 
and tool cabinets, with drawers, from China and Vietnam. The scope 
covers all metal tool chests and cabinets, including top chests, 
intermediate chests, tool cabinets and side cabinets, storage units, 
mobile work benches, and work stations and that have the following 
physical characteristics:
    (1) A body made of carbon, alloy, or stainless steel and/or other 
metals;
    (2) two or more drawers for storage in each individual unit;
    (3) a width (side to side) exceeding 15 inches for side cabinets 
and exceeding 21 inches for all other individual units but not 
exceeding 60 inches;
    (4) a body depth (front to back) exceeding 10 inches but not 
exceeding 24 inches; and
    (5) prepackaged for retail sale.
    For purposes of this scope, the width parameter applies to each 
individual unit, i.e., each individual top chest, intermediate top 
chest, tool cabinet, side cabinet, storage unit, mobile work bench, and 
work station. Merchandise subject to these Orders is classified under 
HTSUS categories 9403.20.0021, 9403.20.0026, 9403.20.0030, 
9403.20.0080, 9403.20.0090, and 7326.90.8688, but may also be 
classified under HTSUS category 7326.90.3500. While HTSUS subheadings 
are provided for convenience and Customs purposes, the written 
description of the scope of these Orders is dispositive.
    A full description of the scope of the Orders is contained in the 
Issues and Decision Memorandum.\7\
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    \7\ See Memorandum, ``Issues and Decision Memorandum for the 
Expedited Sunset Reviews of the Antidumping Duty Orders on Certain 
Tool Chests and Cabinets from the People's Republic of China, and 
the Socialist Republic of Vietnam,'' dated concurrently with, and 
hereby adopted by, this notice (Issues and Decision Memorandum).
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Analysis of Comments Received

    All issues raised in these sunset reviews are addressed in the 
Issues and Decision Memorandum, including the likelihood of 
continuation or recurrence of dumping and the magnitude of the margins 
of dumping likely to prevail if the Orders were revoked.\8\ A list of 
topics discussed in the Issues and Decision Memorandum is included as 
the appendix to this notice. The Issues and Decision Memorandum is a 
public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov. In addition, a complete version of the Issues 
and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \8\ Id.
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Final Results of Sunset Reviews

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, 
Commerce determines that revocation of the Orders would be likely to 
lead to continuation or recurrence of dumping and that the magnitude of 
the margins of dumping likely to prevail would be at a rate up to 
244.29 percent for China, and up to 327.17 percent for Vietnam.

Administrative Protective Order

    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). Timely written 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 terms of an APO is a violation which is subject to 
sanction.

Notification to Interested Parties

    Commerce is issuing and publishing these final results and notice 
in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, 
and 19 CFR 351.221(c)(5)(ii).

    Dated: March 8, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Orders
IV. History of the Orders
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Dumping
    2. Magnitude of Margin of Dumping Likely to Prevail
VII. Final Results of Expedited Sunset Reviews
VIII. Recommendation

[FR Doc. 2023-05170 Filed 3-13-23; 8:45 am]
BILLING CODE 3510-DS-P