[Federal Register Volume 88, Number 97 (Friday, May 19, 2023)]
[Notices]
[Pages 32188-32194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10778]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-914, A-557-824, A-549-846, A-583-871, A-552-835]


Boltless Steel Shelving Units Prepackaged for Sale From India, 
Malaysia, Taiwan, Thailand and the Socialist Republic of Vietnam: 
Initiation of Less-Than-Fair-Value Investigations

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


DATES: Applicable May 15, 2023.

FOR FURTHER INFORMATION CONTACT: Andrew Huston (India), Samuel Frost 
(Malaysia), Joy Zhang (Taiwan), Fred Baker (Thailand), or Whitley 
Herndon (the Socialist Republic of Vietnam (Vietnam)); AD/CVD 
Operations, Offices VII, V, VI, and III, respectively, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 
(202) 482-8180, (202) 482-6274, (202) 482-4261, (202) 482-2924, or 
(202) 482-1168, respectively.

SUPPLEMENTARY INFORMATION: 

The Petitions

    On April 25, 2023, the U.S. Department of Commerce (Commerce) 
received antidumping duty (AD) petitions concerning imports of boltless 
steel shelving units prepackaged for sale (boltless steel shelving) 
from India, Malaysia, Taiwan, Thailand, and Vietnam filed in proper 
form on behalf of Edsal Manufacturing Co., Inc. (the petitioner), a 
domestic producer of boltless steel shelving.\1\
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    \1\ See Petitioner's Letter, ``Boltless Steel Shelving Units 
Prepackaged for Sale from India, Malaysia, Taiwan, Thailand, and 
Vietnam--Petition for the Imposition of Antidumping Duties,'' dated 
April 25, 2023 (Petitions).
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    On April 27 and 28 and May 8 and 10, 2023, Commerce requested 
supplemental information pertaining to certain aspects of the 
Petitions.\2\ The petitioner filed timely responses to these requests 
on May 1, 3, 8, and 10, 2023.\3\
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    \2\ See Commerce's Letters, ``Petitions for the Imposition of 
Antidumping Duties on Imports of Boltless Steel Shelving Units 
Prepackaged for Sale from India, Malaysia, Taiwan, Thailand, and the 
Socialist Republic of Vietnam: Supplemental Questions,'' dated April 
27, 2023 (General Issues Questionnaire); and Country-Specific-
Questionnaires: India Supplemental, Malaysia Supplemental, Taiwan 
Supplemental, Thailand Supplemental, and Vietnam Supplemental, dated 
April 28, 2023; see also Country-Specific Memoranda: India 
Memorandum, Malaysia Memorandum, Taiwan Memorandum, Thailand 
Memorandum, and Vietnam Memorandum, dated May 5, 2023; Memorandum, 
``Petition for the Imposition of Antidumping Duties on Imports of 
Boltless Steel Shelving Units Prepackaged for Sale from Taiwan--
Phone Call with Counsel to the Petitioner,'' dated May 8, 2023; and 
Memorandum, ``Phone Call with Counsel to the Petitioner,'' dated May 
10, 2023 (Scope Memorandum).
    \3\ See Petitioner's Letters, ``Boltless Steel Shelving from 
India, Malaysia, Taiwan, Thailand, and Vietnam--Petitioner's 
Supplement to Volume I Relating to Request for the Imposition of 
Antidumping Duties on Imports from India, Malaysia, Taiwan, 
Thailand, and Vietnam,'' dated May 1, 2023 (General Issues 
Supplement); ``Petitioner's Response to the Department's 
Supplemental Questionnaire Regarding Volume II of the Petition for 
the Imposition of Antidumping Duties on Imports from India,'' dated 
May 3, 2023; ``Petitioner's Response to the Department's 
Supplemental Questionnaire Regarding Volume III of the Petition for 
the Imposition of Antidumping Duties on Imports from Malaysia,'' 
dated May 3, 2023; ``Petitioner's Response to the Department's 
Supplemental Questionnaire Regarding Volume IV of the Petition for 
the Imposition of Antidumping Duties on Imports from Taiwan,'' dated 
May 3, 2023; ``Petitioner's Response to the Department's 
Supplemental Questionnaire Regarding Volume V of the Petition for 
the Imposition of Antidumping Duties on Imports from Thailand,'' 
dated May 3, 2023; ``Petitioner's Response to the Department's 
Supplemental Questionnaire Regarding Volume VI of the Petition for 
the Imposition of Antidumping Duties on Imports from Vietnam,'' 
dated May 3, 2023; ``Petitioner's Response to the Department's 
Second Supplemental Questionnaire Regarding Volume II of the 
Petition for the Imposition of Antidumping Duties on Imports from 
India,'' dated May 8, 2023; ``Petitioner's Response to the 
Department's Second Supplemental Questionnaire Regarding Volume III 
of the Petition for the Imposition of Antidumping Duties on Imports 
from Malaysia,'' dated May 8, 2023; ``Petitioner's Response to the 
Department's Second Supplemental Questionnaire Regarding Volume IV 
of the Petition for the Imposition of Antidumping Duties on Imports 
from Taiwan,'' dated May 8, 2023; ``Petitioner's Response to the 
Department's Second Supplemental Questionnaire Regarding Volume V of 
the Petition for the Imposition of Antidumping Duties on Imports 
from Thailand,'' dated May 8, 2023; ``Petitioner's Response to the 
Department's Second Supplemental Questionnaire Regarding Volume VI 
of the Petition for the Imposition of Antidumping Duties on Imports 
from Vietnam,'' dated May 8, 2023; and ``Petitioner's 2nd Supplement 
to Volume I Relating to Request for the Imposition of Antidumping 
Duties on Imports from India, Malaysia, Taiwan, Thailand, and 
Vietnam,'' dated May 10, 2023 (Scope Supplement).
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    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that imports of boltless 
steel shelving from India, Malaysia, Taiwan, Thailand, and Vietnam 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 boltless steel shelving industry in the United 
States. Consistent with section 732(b)(1) of the Act, the Petitions 
were accompanied by information reasonably available to the petitioner 
supporting its allegations.
    Commerce finds that the petitioner filed the Petitions on behalf of 
the

[[Page 32189]]

domestic industry, because the petitioner is an interested party, as 
defined in section 771(9)(C) of the Act. Commerce also finds that the 
petitioner demonstrated sufficient industry support for the initiation 
of the requested LTFV investigations.\4\
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    \4\ See infra, section titled ``Determination of Industry 
Support for the Petitions.''
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Periods of Investigation

    Because the Petitions were filed on April 25, 2023, the period of 
investigation (POI) for the India, Malaysia, Thailand, and Taiwan AD 
investigations is April 1, 2022, through March 31, 2023, pursuant to 19 
CFR 351.204(b)(1). Because Vietnam is a non-market economy (NME) 
country, pursuant to 19 CFR 351.204(b)(1), the POI for the Vietnam AD 
investigation is October 1, 2022, through March 31, 2023.

Scope of the Investigations

    The product covered by these investigations is boltless steel 
shelving from India, Malaysia, Taiwan, Thailand, and Vietnam. For a 
full description of the scope of these investigations, see the appendix 
to this notice.

Comments on the Scope of the Investigations

    On April 27 and May 10, 2023, Commerce requested information from 
the petitioner regarding the proposed scope to ensure that the scope 
language in the Petitions is an accurate reflection of the products for 
which the domestic industry is seeking relief.\5\ On May 1 and 10, 
2023, the petitioner provided clarifications and revised the scope.\6\ 
The description of the merchandise covered by these investigations, as 
described in the appendix to this notice, reflects these 
clarifications.
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    \5\ See General Issues Questionnaire; see also Scope Memorandum.
    \6\ See General Issues Supplement at 3-7 and Attachments 2 and 
3; see also Scope Supplement.
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    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).\7\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determinations. If scope comments include factual information,\8\ all 
such factual information should be limited to public information. To 
facilitate preparation of its questionnaires, Commerce requests that 
all interested parties submit such comments by 5:00 p.m. Eastern Time 
(ET) on June 5, 2023, which is the next business day after 20 calendar 
days from the signature date of this notice.\9\ Any rebuttal comments, 
which may include factual information, must be filed by 5:00 p.m. ET on 
June 15, 2023, which is 10 calendar days from the initial comment 
deadline.
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    \7\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \8\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \9\ The deadline for comments falls on Sunday, June 4, 2023. 
Commerce's practice dictates that where a deadline falls on a 
weekend or federal holiday, the appropriate deadline is the next 
business day (in this instance, June 5, 2023). See Notice of 
Clarification: Application of ``Next Business Day'' Rule for 
Administrative Determination Deadlines Pursuant to the Tariff Act of 
1930, as Amended, 70 FR 24533 (May 10, 2005) (Next Business Day 
Rule).
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    Commerce requests that any factual information that parties 
consider relevant to the scope of these investigations be submitted 
during this period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of these 
investigations may be relevant, the party must contact Commerce and 
request permission to submit the additional information. All such 
submissions must be filed on the records of each of the concurrent AD 
investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically via 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS), unless an exception 
applies.\10\ An electronically-filed document must be received 
successfully in its entirety by the time and date on which it is due.
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    \10\ 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_on_Electronic_Filing_Procedures.pdf.
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Comments on Product Characteristics

    Commerce is providing interested parties an opportunity to comment 
on the appropriate physical characteristics of boltless steel shelving 
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 (FOP) or costs of production (COP) accurately, as well as to 
develop appropriate product comparison criteria where appropriate.
    Subsequent to the publication of this notice, Commerce intends to 
release a proposed list of physical characteristics and product-
comparison criteria, and interested parties may provide any information 
or comments that they feel are relevant to the development of an 
accurate list of physical characteristics. Specifically, they may 
provide comments as to which characteristics are appropriate to use as: 
(1) general product characteristics; and (2) product comparison 
criteria. We note that it is not always appropriate to use all product 
characteristics as product comparison criteria. We base product 
comparison criteria on meaningful commercial differences among 
products. In other words, although there may be some physical product 
characteristics utilized by manufacturers to describe boltless steel 
shelving, it may be that only a select few product characteristics take 
into account commercially meaningful physical characteristics. In 
addition, interested parties may comment on the order in which the 
physical characteristics should be used in matching products. 
Generally, Commerce attempts to list the most important physical 
characteristics first and the least important characteristics last.
    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 June 5, 2023, 
which is the next business day after 20 calendar days from the 
signature date of this notice.\11\ Any rebuttal comments must be filed 
by 5:00 p.m. ET on June 15, 2023, which is 10 calendar days from the 
initial comment deadline. All comments and submissions to Commerce must 
be filed electronically using ACCESS, as explained above, on the record 
of each of the LTFV investigations.
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    \11\ See Next Business Day Rule.
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Determination of Industry Support for the Petitions

    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

[[Page 32190]]

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 Act directs 
Commerce to look to producers and workers who produce the domestic like 
product. The U.S. 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 (Fed. Cir. 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 petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the investigations.\14\ Based on our analysis of the information 
submitted on the record, we have determined that boltless steel 
shelving, as defined in the scope, constitutes 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 Petitions at Volume I (pages 15-17 and Exhibit GEN-10); 
see also General Issues Supplement at 3 and Attachment 1.
    \15\ For a discussion of the domestic like product analysis as 
applied to these cases and information regarding industry support, 
see, individually, AD Investigation Initiation Checklists, 
``Boltless Steel Shelving Units Prepackaged for Sale from India, 
Malaysia, Taiwan, Thailand, and the Socialist Republic of Vietnam,'' 
dated concurrently with this notice (Country-Specific AD Initiation 
Checklists), at Attachment II (Analysis of Industry Support for the 
Antidumping Duty Petitions Covering Boltless Steel Shelving Units 
Prepackaged for Sale from India, Malaysia, Taiwan, Thailand, and the 
Socialist Republic of Vietnam).
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    In determining whether the petitioner has standing under section 
732(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petitions with reference to the domestic like product 
as defined in the ``Scope of the Investigations,'' in the appendix to 
this notice. To establish industry support, the petitioner provided its 
own production of boltless steel shelving in 2022 and compared this to 
the total volume of boltless steel shelving produced by the U.S. 
industry in 2022.\16\ We relied on data provided by the petitioner for 
purposes of measuring industry support.\17\
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    \16\ See Petitions at Volume I (page 3 and Exhibits GEN-4 and 
GEN-5).
    \17\ Id. at Volume I (pages 2-3 and Exhibits GEN-1 through GEN-
5). For further discussion, see Attachment II of the Country-
Specific AD Initiation Checklists.
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    Our review of the data provided in the Petitions, the General 
Issues Supplement, and other information readily available to Commerce 
indicates that the petitioner has established industry support for the 
Petitions.\18\ First, the Petitions 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).\19\ 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 Petitions account for at least 25 percent of the total 
production of the domestic like product.\20\ 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 Petitions 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 Petitions.\21\ Accordingly, Commerce determines that the Petitions 
were filed on behalf of the domestic industry within the meaning of 
section 732(b)(1) of the Act.\22\
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    \18\ See Petitions at Volume I (pages 2-3 and Exhibits GEN-1 
through GEN-5). For further discussion, see Attachment II of the 
Country-Specific AD Initiation Checklists.
    \19\ See Attachment II of the Country-Specific AD Initiation 
Checklists; see also section 732(c)(4)(D) of the Act.
    \20\ See Attachment II of the Country-Specific AD Initiation 
Checklists.
    \21\ Id.
    \22\ Id.
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Allegations and Evidence of Material Injury and Causation

    The petitioner alleges 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 petitioner alleges that 
subject imports exceed the negligibility threshold provided for under 
section 771(24)(A) of the Act.\23\
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    \23\ See Petitions at Volume I (pages 17-20 and Exhibits GEN-1 
and GEN-11).
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    With regard to India, while the allegedly dumped imports from India 
do not exceed the statutory requirements for negligibility, the 
petitioner alleges and provides supporting evidence that: (1) there is 
a reasonable indication that the data obtained in the ITC's 
investigation will establish that imports exceed the negligibility 
threshold; \24\ and (2) there is the potential that imports from India 
will imminently exceed the negligibility threshold and, therefore, are 
not negligible for purposes of a threat determination.\25\ The 
petitioner's arguments regarding the limitations of publicly available 
import data and the reasonable indication that the data obtained in the 
ITC's investigation will establish that imports exceed the 
negligibility threshold are consistent with the SAA. Furthermore, the 
petitioner's arguments regarding the potential for imports from India 
to imminently exceed the negligibility threshold are consistent with 
the statutory criteria for ``negligibility in threat analysis'' under 
section 771(24)(A)(iv) of the Act, which provides that imports shall 
not be treated as negligible if there is a potential that subject 
imports from a country will imminently exceed the statutory 
requirements for negligibility.
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    \24\ See Statement of Administrative Action Accompanying the 
Uruguay Round Agreements Act, H.R. Doc. 103-316, Vol. 1 (1994) 
(SAA), at 857; see also Petitions at Volume I (pages 12-13, 18-20, 
and Exhibits GEN-1 and GEN-11).
    \25\ See section 771(24)(A)(iv) of the Act; see also Petitions 
at Volume I (pages 18-20 and Exhibits GEN-1 and GEN-11).
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    The petitioner contends that the industry's injured condition is 
illustrated by a significant and

[[Page 32191]]

increasing volume of subject imports; declining market share; 
underselling and price depression and/or suppression; lost sales and 
revenues; decline in U.S. shipments, production, and capacity 
utilization; decline in employment variables; and adverse impact on 
financial performance.\26\ 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.\27\
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    \26\ See Petitions at Volume I (pages 14, 17-37 and Exhibits 
GEN-1, GEN-8, and GEN-10 through GEN-16); see also General Issues 
Supplement at 7-8 and Attachments 4-6.
    \27\ See Country-Specific AD Initiation Checklists at Attachment 
III (Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping Duty Petitions Covering Boltless Steel 
Shelving Units Prepackaged for Sale from India, Malaysia, Taiwan, 
Thailand, and the Socialist Republic of Vietnam).
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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 these LTFV 
investigations on imports of boltless steel shelving from India, 
Malaysia, Taiwan, Thailand, and Vietnam. 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 Country-Specific AD Initiation 
Checklists.

U.S. Price

    For India, Malaysia, Thailand, Taiwan, and Vietnam, the petitioner 
based export price (EP) on pricing information for boltless steel 
shelving produced in, and exported from, the respective countries and 
sold or offered for sale in the United States.\28\ The petitioner made 
certain adjustments for movement and other expenses for the U.S. price 
based on the pricing information to calculate a net U.S. price, where 
applicable.\29\
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    \28\ See Country-Specific AD Initiation Checklists.
    \29\ Id.
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Normal Value 30
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    \30\ In accordance with section 773(b)(2) of the Act, for these 
investigations, Commerce will request information necessary to 
calculate the constructed value (CV) and COP to determine whether 
there are reasonable grounds to believe or suspect that sales of the 
foreign like product have been made at prices that represent less 
than the COP of the product.
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    The petitioner based NV on home market pricing information obtained 
through market research for boltless steel shelving produced in and 
sold, or offered for sale, in India, Malaysia, Thailand, and Taiwan 
during the applicable time period.\31\
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    \31\ See Country-Specific AD Initiation Checklist.
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    Commerce considers Vietnam to be an NME country.\32\ 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 Vietnam as an NME country for 
purposes of the initiation of this investigation. Accordingly, NV in 
Vietnam is appropriately based on FOPs valued in a surrogate market 
economy country, in accordance with section 773(c) of the Act.
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    \32\ See, e.g., Certain Frozen Fish Fillets from the Socialist 
Republic of Vietnam: Final Results, and Final Results of No 
Shipments of the Antidumping Duty Administrative Review; 2016-2017, 
84 FR 18007 (April 29, 2019).
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    The petitioner claims that Indonesia is an appropriate surrogate 
country for Vietnam because Indonesia is a market economy country that 
is at a level of economic development comparable to that of Vietnam and 
is a significant producer of comparable merchandise. The petitioner 
provided publicly available information from Indonesia to value all 
FOPs. Based on the information provided by the petitioner, we determine 
that it is appropriate to use Indonesia as a surrogate country for 
initiation purposes.
    Interested parties will have the opportunity to submit comments 
regarding surrogate country selection and, pursuant to 19 CFR 
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.

Fair Value Comparisons

    Based on the data provided by the petitioner, there is reason to 
believe that imports of boltless steel shelving from India, Malaysia, 
Taiwan, Thailand, and Vietnam 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 boltless steel shelving from each of the countries covered 
by this initiation are as follows: (1) India--175.31 percent; (2) 
Malaysia--35.45 to 81.12 percent; (3) Taiwan--78.12 percent; (4) 
Thailand--176.62 to 187.03 percent; and (5) Vietnam--92.60 to 224.94 
percent.\33\
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    \33\ Id.
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Initiation of LTFV Investigations

    Based upon our examination of the Petitions and supplemental 
responses, we find that they meet the requirements of section 732 of 
the Act. Therefore, we are initiating these LTFV investigations to 
determine whether imports of boltless steel shelving from India, 
Malaysia, Taiwan, Thailand, and Vietnam 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 determinations no later than 140 days after 
the date of this initiation.

Respondent Selection

India, Malaysia, Taiwan, and Thailand

    In the Petitions, the petitioner identified three companies in 
India, three companies in Malaysia, one company in Taiwan, and seven 
companies in Thailand as producers/exporters of boltless steel 
shelving.\34\ Following standard practice in AD investigations 
involving market economy countries, in the event Commerce determines 
that the number of exporters or producers is large such that Commerce 
cannot individually examine each company based on its resources, where 
appropriate, Commerce intends to select mandatory respondents in these 
cases based on U.S. Customs and Border Protection (CBP) data for U.S. 
imports under the appropriate Harmonized Tariff Schedule of the United 
States subheadings listed in the ``Scope of the Investigations,'' in 
the appendix to this notice.
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    \34\ See Petitions at Volume I (page 14 and Exhibit GEN-7).
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    On May 8, 2023, Commerce released CBP data on U.S. imports of 
boltless steel shelving from Taiwan, under administrative protective 
order (APO) to all parties with access to information protected by 
APO.\35\ On May 10, 2023, Commerce released CBP data on imports of 
boltless steel shelving from India, Malaysia, and Thailand under APO to 
all parties with access to information protected by APO.\36\ When it 
released these data, Commerce indicated that interested parties wishing 
to comment on CBP data must do so within three business days of the 
publication date of

[[Page 32192]]

the notice of initiation of these investigations. Comments must be 
filed electronically using ACCESS. An electronically-filed document 
must be received successfully in its entirety via ACCESS by 5:00 p.m. 
ET on the specified deadline. Commerce will not accept rebuttal 
comments regarding the CBP data or respondent selection.
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    \35\ See Memorandum, ``Antidumping Duty Investigation of 
Boltless Steel Shelving Units Prepackaged for Sale from Taiwan: 
Release of Customs Data from U.S. Customs and Border Protection,'' 
dated May 8, 2023.
    \36\ See Memoranda, ``Boltless Steel Shelving Units Prepackaged 
for Sale from India: Release of Data from U.S. Customs and Border 
Protection,'' dated May 10, 2023; ``Petition for the Imposition of 
Antidumping Duties on Imports of Boltless Steel Shelving Units 
Prepackaged for Sale from Malaysia: Release of U.S. Customs and 
Border Protection Data,'' dated May 10, 2023; and ``Less-Than-Fair-
Value Petition of Boltless Steel Shelving Units Prepackaged for Sale 
from Thailand: Release of U.S. Customs and Border Protection Data,'' 
dated May 10, 2023.
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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 Commerce's website at https://access.trade.gov/Resources/Administrative_Protective_Order.aspx.

Vietnam

    In the Petition, the petitioner named three companies as producers/
exporters of boltless steel shelving in Vietnam.\37\ 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 Vietnamese producers and exporters identified in the 
Petitions, 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. Given that there 
are three producers and exporters identified in the Petition, Commerce 
has determined that it will issue Q&V questionnaires to each potential 
respondent for which the petitioner has provided a complete address.
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    \37\ See Petitions at Volume I (Exhibit GEN-4).
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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 
boltless steel shelving from Vietnam 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 Vietnamese producers/exporters no later than 5:00 p.m. ET on 
May 30, 2023, which is two weeks from the signature date of this 
notice.\38\ 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. Commerce intends to finalize its 
decisions regarding respondent selection within 20 days of publication 
of this notice.
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    \38\ Because the current deadline falls on a federal holiday 
(i.e., May 29, 2023), the deadline is the next business day (i.e., 
May 30, 2023). See Next Business Day Rule.
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Separate Rates

    In order to obtain separate-rate status in an NME investigation, 
exporters and producers must submit a separate rate application.\39\ 
The specific requirements for submitting a separate rate application in 
a Vietnam investigation are outlined in detail in the application 
itself, which is available on Commerce's website at https://access.trade.gov/Resources/nme/nme-sep-rate.html. The separate rate 
application will be due 30 days after publication of this initiation 
notice.\40\ 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 Vietnam 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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    \39\ See Policy Bulletin 05.1, regarding, ``Separate-Rates 
Practice and Application of Combination Rates in Antidumping 
Investigation involving NME Countries'' (April 5, 2005) (Policy 
Bulletin 05.1), available at https://enforcement.trade.gov/policy/bull05-1.pdf.
    \40\ 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. Policy 
Bulletin 05.1 states:

{w{time} hile continuing the practice of assigning separate rates only 
to exporters, all separate rates that {Commerce{time}  will now 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.\41\
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    \41\ See Policy Bulletin 05.1 at 6 (emphasis added).
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Distribution of Copies of the Petitions

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), copies of the public version of the Petitions have been 
provided to the governments of India, Malaysia, Thailand, Taiwan, and 
Vietnam via ACCESS. To the extent practicable, we will attempt to 
provide a copy of the public version of the Petitions to each exporter 
named in the Petitions, as provided under 19 CFR 351.203(c)(2).

ITC Notification

    We will notify the ITC of our 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 Petitions were filed, whether there is a reasonable 
indication that imports of boltless steel shelving from India, 
Malaysia, Taiwan, Thailand, and/or Vietnam are materially injuring, or 
threatening material injury to, a U.S. industry.\42\ A negative ITC 
determination for any country will result in the investigation being 
terminated with respect to that country.\43\ Otherwise, these LTFV 
investigations will proceed according to statutory and regulatory time 
limits.
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    \42\ See section 733(a) of the Act.
    \43\ 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;

[[Page 32193]]

(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 \44\ 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.\45\ 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 these investigations.
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    \44\ See 19 CFR 351.301(b).
    \45\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation

    Section 773(e) of the Act addresses the concept of particular 
market situation (PMS) for purposes of CV, stating that ``if a 
particular market situation exists such that the cost of materials and 
fabrication or other processing of any kind does not accurately reflect 
the cost of production in the ordinary course of trade, the 
administering authority may use another calculation methodology under 
this subtitle or any other calculation methodology.'' When an 
interested party submits a PMS allegation pursuant to section 773(e) of 
the Act, Commerce will respond to such a submission consistent with 19 
CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section 
773(e) of the Act, then it will modify its dumping calculations 
appropriately.
    Neither section 773(e) of the Act nor 19 CFR 351.301(c)(2)(v) set a 
deadline for the submission of PMS allegations and supporting factual 
information. However, in order to administer section 773(e) of the Act, 
Commerce must receive PMS allegations and supporting factual 
information with enough time to consider the submission. Thus, should 
an interested party wish to submit a PMS allegation and supporting new 
factual information pursuant to section 773(e) of the Act, it must do 
so no later than 20 days after submission of a respondent's response to 
section D of Commerce's initial AD questionnaire.

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, standalone submission; Commerce will grant untimely filed 
requests for the extension of time limits only in limited cases where 
we determine, based on 19 CFR 351.302, that extraordinary circumstances 
exist. Parties should review Commerce's regulations concerning factual 
information prior to submitting factual information in these 
investigations.\46\
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    \46\ See 19 CFR 351.301; see also Extension of Time Limits; 
Final Rule, 78 FR 57790 (September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
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Certification Requirements

    Any party submitting factual information in an AD or countervailing 
duty proceeding must certify to the accuracy and completeness of that 
information.\47\ Parties must use the certification formats provided in 
19 CFR 351.303(g).\48\ Commerce intends to reject factual submissions 
if the submitting party does not comply with the applicable 
certification requirements.
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    \47\ See section 782(b) of the Act.
    \48\ 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 
https://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. Parties wishing to participate 
in these investigations should ensure that they meet the requirements 
of 19 CFR 351.103(d) (e.g., by filing a letter of appearance as 
discussed). Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information, until further notice.\49\
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    \49\ 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: May 15, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix--Scope of the Investigations

    The scope of these investigations covers boltless steel shelving 
units prepackaged for sale, with or without decks (boltless steel 
shelving). The term ``prepackaged for sale'' means that, at a 
minimum, the steel vertical supports (i.e., uprights and posts) and 
steel horizontal supports (i.e., beams, braces) necessary to 
assemble a completed shelving unit (with or without decks) are 
packaged together for ultimate purchase by the end-user. The scope 
also includes add-on kits. Add-on kits include, but are not limited 
to, kits that allow the end-user to add an extension shelving unit 
onto an existing boltless steel shelving unit such that the 
extension and the original unit will share common frame elements 
(e.g., two posts). The term ``boltless'' refers to steel shelving in 
which the vertical and horizontal supports forming the frame are 
assembled primarily without the use of nuts and bolts, or screws. 
The vertical and horizontal support members for boltless steel 
shelving are assembled by methods such as, but not limited to, 
fitting a rivet, punched or cut tab, or other similar connector on 
one support into a hole, slot or similar receptacle on another 
support. The supports lock together to form the frame for the 
shelving unit, and provide the structural integrity of the shelving 
unit separate from the inclusion of any decking. The incidental use 
of nuts and bolts, or screws to add accessories, wall anchors, tie-
bars or shelf supports does not remove the product from scope. 
Boltless steel shelving units may also come packaged as partially 
assembled, such as when two upright supports are welded together 
with front-to-back supports, or are otherwise connected, to form an 
end unit for the frame. The boltless steel shelving covered by these 
investigations may be commonly described as rivet shelving, welded 
frame shelving, slot and tab shelving, and punched rivet (quasi-
rivet) shelving as well as by other trade names. The term ``deck'' 
refers to the shelf that sits on or fits into the horizontal 
supports (beams or braces) to provide the horizontal storage surface 
of the shelving unit.
    The scope includes all boltless steel shelving meeting the 
description above, regardless of: (1) vertical support or post type 
(including but not limited to open post,

[[Page 32194]]

closed post and tubing); (2) horizontal support or beam/brace 
profile (including but not limited to Z-beam, C-beam, L-beam, step 
beam and cargo rack); (3) number of supports; (4) surface coating 
(including but not limited to paint, epoxy, powder coating, zinc and 
other metallic coating); (5) number of levels; (6) weight capacity; 
(7) shape (including but not limited to rectangular, square, and 
corner units); (8) decking material (including but not limited to 
wire decking, particle board, laminated board or no deck at all); or 
(9) the boltless method by which vertical and horizontal supports 
connect (including but not limited to keyhole and rivet, slot and 
tab, welded frame, punched rivet and clip).
    Specifically excluded from the scope are:
     Wall-mounted shelving, defined as shelving that is hung 
on the wall and does not stand on, or transfer load to, the floor. 
The addition of a wall bracket or other device to attach otherwise 
freestanding subject merchandise to a wall does not meet the terms 
of this exclusion;
     Wire shelving units, which consist of shelves made from 
wire that incorporates 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 the finished shelving 
unit;
     Bulk-packed parts or components of boltless steel 
shelving units; and
     Made-to-order shelving systems.
    Subject boltless steel shelving enters the United States through 
Harmonized Tariff Schedule of the United States (HTSUS) statistical 
subheading 9403.20.0075. While the HTSUS subheading is provided for 
convenience and customs purposes, the written description of the 
scope of these investigations is dispositive.

[FR Doc. 2023-10778 Filed 5-18-23; 8:45 am]
BILLING CODE 3510-DS-P