[Federal Register Volume 88, Number 90 (Wednesday, May 10, 2023)]
[Notices]
[Pages 30086-30087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09946]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-018, C-570-019]


Boltless Steel Shelving Units Prepacked for Sale From the 
People's Republic of China: Rescission of Circumvention Inquiry on the 
Antidumping Duty and Countervailing Duty Orders

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

SUMMARY: Based on a withdrawal of the circumvention inquiry request, 
the U.S. Department of Commerce (Commerce) is rescinding this 
circumvention inquiry to determine whether imports of boltless steel 
shelving units prepackaged for sale (boltless steel shelving), which 
are completed or assembled in Malaysia using certain components from 
the People's Republic of China (China), are circumventing the 
antidumping duty (AD) and countervailing duty (CVD) orders on boltless 
steel shelving from China.

DATES: Applicable May 10, 2023.

FOR FURTHER INFORMATION CONTACT: Samuel Frost, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-8180.

SUPPLEMENTARY INFORMATION:

Background

    On October 21, 2015, Commerce published AD and CVD orders on 
boltless steel shelving from China.\1\ On October 20, 2022, Edsal 
Manufacturing Company, Inc. (Edsal) filed a circumvention inquiry 
request alleging that boltless steel shelving completed or assembled in 
Malaysia using certain components from China and exported to the United 
States are circumventing the Orders.\2\ On December 9, 2022, Commerce 
initiated a circumvention inquiry regarding the above-referenced 
merchandise.\3\ On April 17, 2023, Edsal withdrew its circumvention 
inquiry request.\4\
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    \1\ See Boltless Steel Shelving Units Prepackaged for Sale from 
the People's Republic of China: Antidumping Duty Order, 80 FR 63741 
(October 21, 2015); 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 63745 (October 21, 2015) (collectively, Orders).
    \2\ See Edsal's Letter, ``Boltless Steel Shelving Units 
Prepackaged for Sale from China--Petitioner's Request for 
Circumvention Ruling Pursuant to Section 781(b), as Amended,'' dated 
October 20, 2022.
    \3\ See Boltless Steel Shelving Units Prepackaged for Sale from 
the People's Republic of China: Initiation of Circumvention Inquiry 
on the Antidumping Duty and Countervailing Duty Orders, 87 FR 75592 
(December 9, 2022) (Initiation Notice), and accompanying Initiation 
Memorandum.
    \4\ See Edsal's Letter, ``Petitioner's Withdrawal of Request for 
Circumvention Ruling Pursuant to Section 781(b) of the Tariff Act of 
1930,'' dated April 17, 2023.
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Scope of the Orders

    The merchandise covered by these Orders is boltless steel shelving 
units prepackaged for sale. For a complete description of the scope, 
see the Initiation Memorandum.\5\
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    \5\ See Initiation Notice Initiation Memorandum at 2-3.
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Merchandise Subject to the Circumvention Inquiry

    This circumvention inquiry covers boltless steel shelving that has 
been completed or assembled in Malaysia using, at a minimum, the key 
components of boltless steel shelving, i.e., vertical posts and 
horizontal beams, from China that are then subsequently exported to the 
United States.

[[Page 30087]]

Rescission of Circumvention Inquiry

    As noted above, Edsal has withdrawn its request for a circumvention 
inquiry on boltless steel shelving completed or assembled in Malaysia 
using certain components from China and exported to the United States. 
Therefore, in accordance 19 CFR 351.226(f)(6)(i), Commerce finds that 
it is appropriate to rescind this circumvention inquiry in its 
entirety.

Suspension of Liquidation

    Pursuant to 19 CFR 351.226(l)(1), Commerce notified U.S. Customs 
and Border Protection (CBP) of the initiation of this circumvention 
inquiry and directed CBP to continue the suspension of liquidation of 
entries of products subject to the circumvention inquiry that were 
already subject to the suspension of liquidation under the Orders and 
to apply the cash deposit rate that would be applicable if the products 
were determined to be covered by the scope of the Orders.\6\ Upon 
publication of this rescission notice, Commerce will inform CBP that 
Commerce has rescinded this inquiry and that CBP should continue to 
suspend entries of boltless steel shelving from China that are subject 
to the Orders at the applicable rate(s) in effect on the date of entry 
until specific liquidation instructions are issued.
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    \6\ See CBP Message 2343414, ``Initiation of Circumvention 
Inquiry--Antidumping/Countervailing Orders on Boltless Steel 
Shelving Units Prepackaged for Sale from the People's Republic of 
China (A-570-018/C-570-019),'' dated December 9, 2022.
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Administrative Protective Order

    This notice serves as a final reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return or 
destruction of the APO materials or conversion to judicial protective 
order is hereby requested. Failure to comply with regulations and terms 
of an APO is a violation, which is subject to sanction.

Notification to Interested Parties

    This notice is issued and published in accordance with section 781 
of the Tariff Act of 1930, as amended, and 19 CFR 351.226(f)(6).

    Dated: May 4, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-09946 Filed 5-9-23; 8:45 am]
BILLING CODE 3510-DS-P