[Federal Register Volume 88, Number 132 (Wednesday, July 12, 2023)]
[Notices]
[Pages 44274-44277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14756]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-056, A-552-821, C-570-057]


Certain Tool Chests and Cabinets From the People's Republic of 
China and the Socialist Republic of Vietnam: Continuation of 
Antidumping Duty Orders and Countervailing Duty Order

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

SUMMARY: As a result of the determinations by the U.S. Department of 
Commerce (Commerce) and the U.S. International Trade Commission (ITC) 
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 from the Socialist Republic of Vietnam 
(Vietnam), and the countervailing duty (CVD) order on tool chests and 
cabinets from China would likely lead to the continuation or recurrence 
of dumping, and countervailable subsidies, and material injury to an 
industry in the United States, Commerce is publishing a notice of 
continuation of these AD and CVD orders.

DATES: Applicable July 12, 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 January 24, 2018, Commerce published in the Federal Register the 
CVD order on tool chests and cabinets from China.\1\ On June 4, 2018, 
Commerce published the AD orders on tool chests and cabinets from China 
and Vietnam.\2\
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    \1\ See Certain Tool Chests and Cabinets from the People's 
Republic of China: Countervailing Duty Order, 83 FR 3299 (January 
24, 2018) (CVD Order).
    \2\ 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) (AD Orders).
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    On December 1, 2022, the ITC instituted,\3\ and Commerce 
initiated,\4\ the first sunset review of the AD Orders and the CVD 
Order (collectively, Orders), pursuant to section 751(c) of the Tariff 
Act of 1930, as amended (the Act). As a result of its reviews, Commerce 
determined that revocation of the Orders would likely lead to the 
continuation or recurrence of dumping and countervailable subsidies, 
and therefore, notified the ITC of the magnitude of the margins of 
dumping and subsidy rates likely to prevail should the Orders be 
revoked.\5\
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    \3\ See Tool Chests and Cabinets from China and Vietnam; 
Institution of Five-Year Reviews, 87 FR 73786 (December 1, 2022).
    \4\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 73757 
(December 1, 2022) (Initiation Notice).
    \5\ See 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, 88 FR 15667 (March 14, 2023) (Tool Chests and Cabinets from 
China and Vietnam AD), and accompanying Issues and Decision 
Memorandum (IDM); and Certain Tool Chests and Cabinets from the 
People's Republic of China: Final Results of the Expedited First 
Sunset Review of the Countervailing Duty Order, 88 FR 19065 (March 
30, 2023) (Tool Chests and Cabinets from China CVD), and 
accompanying IDM.
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    On July 7, 2023, the ITC published its determination, pursuant to 
sections 751(c) and 752(a) of the Act, that revocation of the Orders 
would likely lead to continuation or recurrence of

[[Page 44275]]

material injury to an industry in the United States within a reasonably 
foreseeable time.\6\
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    \6\ See Tool Chests and Cabinets from China and Vietnam, 88 FR 
43399 (July 7, 2023) (ITC Final Determination).
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Scope of the Orders

    The scope of the Orders covers certain metal tool chests and tool 
cabinets, with drawers, from China (AD/CVD) and Vietnam (AD). For a 
complete description of the scope of the Orders, see Appendix I and II 
to this notice.\7\
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    \7\ See also Tool Chests and Cabinets from China and Vietnam AD 
Orders, 83 FR at 25646-47; and Tool Chests and Cabinets from China 
CVD Order, 83 FR at 3300-01.
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Continuation of the Orders

    As a result of the determinations by Commerce and the ITC that 
revocation of the Orders would likely lead to continuation or 
recurrence of dumping, countervailable subsidies, and material injury 
to an industry in the United States, pursuant to section 751(d)(2) of 
the Act, Commerce hereby orders the continuation of the Orders. U.S. 
Customs and Border Protection will continue to collect AD and CVD cash 
deposits at the rates in effect at the time of entry for all imports of 
subject merchandise.
    The effective date of the continuation of the Orders is July 7, 
2023.\8\ Pursuant to section 751(c)(2) of the Act and 19 CFR 
351.218(c)(2), Commerce intends to initiate the next five-year reviews 
of the Orders not later than 30 days prior to the fifth anniversary of 
the date of the last determination by the Commission.
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    \8\ See ITC Final Determination.
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Administrative Protective Order (APO)

    This notice also serves as a final reminder to parties subject to 
an 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 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

    These five-year (sunset) reviews and this notice are in accordance 
with sections 751(c) and 751(d)(2) of the Act and published in 
accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4).

    Dated: July 7, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the AD Orders

    The scope of these orders covers certain metal tool chests and 
tool cabinets, with drawers, (tool chests and cabinets), from the 
People's Republic of China (China) and the Socialist Republic of 
Vietnam (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.
    Prepackaged for retail sale means the units may, for example, be 
packaged in a cardboard box, other type of container or packaging, 
and may bear a Universal Product Code, along with photographs, 
pictures, images, features, artwork, and/or product specifications. 
Subject tool chests and cabinets are covered whether imported in 
assembled or unassembled form. Subject merchandise includes tool 
chests and cabinets produced in China or Vietnam but assembled, 
prepackaged for retail sale, or subject to other minor processing in 
a third country prior to importation into the United States. 
Similarly, it would include tool chests and cabinets produced in 
China or Vietnam that are assembled, prepackaged for retail sale, or 
subject to other minor processing after importation into the United 
States.
    Subject tool chests and cabinets may also have doors and shelves 
in addition to drawers, may have handles (typically mounted on the 
sides), and may have a work surface on the top. Subject tool chests 
and cabinets may be uncoated (e.g., stainless steel), painted, 
powder coated, galvanized, or otherwise coated for corrosion 
protection or aesthetic appearance.
    Subject tool chests and cabinets may be packaged as individual 
units or in sets. When packaged in sets, they typically include a 
cabinet with one or more chests that stack on top of the cabinet. 
Tool cabinets act as a base tool storage unit and typically have 
rollers, casters, or wheels to permit them to be moved more easily 
when loaded with tools. Work stations and mobile work benches are 
tool cabinets with a work surface on the top that may be made of 
rubber, plastic, metal, wood, or other materials.
    Top chests are designed to be used with a tool cabinet to form a 
tool storage unit. The top chests may be mounted on top of the base 
tool cabinet or onto an intermediate chest. They are often packaged 
as a set with tool cabinets or intermediate chests, but may also be 
packaged separately. They may be packaged with mounting hardware 
(e.g., bolts) and instructions for assembling them onto the base 
tool cabinet or onto an intermediate tool chest which rests on the 
base tool cabinet. Smaller top chests typically have handles on the 
sides, while the larger top chests typically lack handles. 
Intermediate tool chests are designed to fit on top of the floor 
standing tool cabinet and to be used underneath the top tool chest. 
Although they may be packaged or used separately from the tool 
cabinet, intermediate chests are designed to be used in conjunction 
with tool cabinets. The intermediate chests typically do not have 
handles. The intermediate and top chests may have the capability of 
being bolted together.
    Side cabinets are designed to be bolted or otherwise attached to 
the side of the base storage cabinet to expand the storage capacity 
of the base tool cabinet.
    Subject tool chests and cabinets also may be packaged with a 
tool set included. Packaging a subject tool chest and cabinet with a 
tool set does not remove an otherwise covered subject tool chest and 
cabinet from the scope. When this occurs, the tools are not part of 
the subject merchandise.
    All tool chests and cabinets that meet the above definition are 
included in the scope unless otherwise specifically excluded.
    Excluded from the scope of these Orders are tool boxes, chests, 
and cabinets with bodies made of plastic, carbon fiber, wood, or 
other non-metallic substances.
    Also excluded from the scope of these Orders are industrial 
grade steel tool chests and cabinets. The excluded industrial grade 
steel tool chests and cabinets are those:
    (1) Having a body that is over 60 inches in width; or
    (2) having each of the following physical characteristics:
    (a) a body made of steel that is 0.047 inches or more in 
thickness;
    (b) a body depth (front to back) exceeding 21 inches; and
    (c) a unit weight that exceeds the maximum unit weight shown 
below for each width range:

------------------------------------------------------------------------
                         Inches                           Maximum pounds
------------------------------------------------------------------------
                    Weight to Width Ratio Tool Chests
------------------------------------------------------------------------
21> <25.................................................              90
25> <=28................................................             115
28> <=30................................................             120
30> <=32................................................             130
32> <=34................................................             140
34> <=36................................................             150
36> <=38................................................             160
38> <=40................................................             170
40> <=42................................................             180
42> <=44................................................             190
44> <=46................................................             200
46> <=48................................................             210
48> <=50................................................             220
50> <=52................................................             230
52> <=54................................................             240

[[Page 44276]]

 
54> <=56................................................             250
56> <=58................................................             260
58> <=60................................................             270
------------------------------------------------------------------------
                   Weight to Width Ratio Tool Cabinets
------------------------------------------------------------------------
21> <=25................................................             155
25> <=28................................................             170
28> <=30................................................             185
30> <=32................................................             200
32> <=34................................................             215
34> <=36................................................             230
36> <=38................................................             245
38> <=40................................................             260
40> <=42................................................             280
42> <=44................................................             290
44> <=46................................................             300
46> <=48................................................             310
48> <=50................................................             320
50> <=52................................................             330
52> <=54................................................             340
54> <=56................................................             350
56> <=58................................................             360
58> <=60................................................             370
------------------------------------------------------------------------

    Also excluded from the scope of these Orders are service carts. 
The excluded service carts have all of the following 
characteristics:
    (1) Casters, wheels, or other similar devices which allow the 
service cart to be rolled from place to place;
    (2) an open top for storage, a flat top, or a flat lid on top of 
the unit that opens;
    (3) a space or gap between the casters, wheels, or other similar 
devices, and the bottom of the enclosed storage space (e.g., 
drawers) of at least 10 inches; and
    (4) a total unit height, including casters, of less than 48 
inches.
    Also excluded from the scope of these Orders are non-mobile work 
benches. The excluded non-mobile work benches have all of the 
following characteristics:
    (1) A solid top working surface;
    (2) no drawers, one drawer, or two drawers in a side-by-side 
configuration; and
    (3) the unit is supported by legs and has no solid front, side, 
or back panels enclosing the body of the unit.
    Also excluded from the scope of these Orders are metal filing 
cabinets that are configured to hold hanging file folders and are 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) at subheading 9403.10.0020.
    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.

Appendix II

Scope of the CVD Order

    The scope of the Order covers certain metal tool chests and tool 
cabinets, with drawers from China. 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.
    Prepackaged for retail sale means the units may, for example, be 
packaged in a cardboard box, other type of container or packaging, 
and may bear a Universal Product Code, along with photographs, 
pictures, images, features, artwork, and/or product specifications. 
Subject tool chests and cabinets are covered whether imported in 
assembled or unassembled form. Subject merchandise includes tool 
chests and cabinets produced in China but assembled, prepackaged for 
retail sale, or subject to other minor processing in a third country 
prior to importation into the United States. Similarly, it would 
include tool chests and cabinets produced in China that are 
assembled, prepackaged for retail sale, or subject to other minor 
processing after importation into the United States.
    Subject tool chests and cabinets may also have doors and shelves 
in addition to drawers, may have handles (typically mounted on the 
sides), and may have a work surface on the top. Subject tool chests 
and cabinets may be uncoated (e.g., stainless steel), painted, 
powder coated, galvanized, or otherwise coated for corrosion 
protection or aesthetic appearance.
    Subject tool chests and cabinets may be packaged as individual 
units or in sets. When packaged in sets, they typically include a 
cabinet with one or more chests that stack on top of the cabinet. 
Tool cabinets act as a base tool storage unit and typically have 
rollers, casters, or wheels to permit them to be moved more easily 
when loaded with tools. Work stations and mobile work benches are 
tool cabinets with a work surface on the top that may be made of 
rubber, plastic, metal, wood, or other materials.
    Top chests are designed to be used with a tool cabinet to form a 
tool storage unit. The top chests may be mounted on top of the base 
tool cabinet or onto an intermediate chest. They are often packaged 
as a set with tool cabinets or intermediate chests, but may also be 
packaged separately. They may be packaged with mounting hardware 
(e.g., bolts) and instructions for assembling them onto the base 
tool cabinet or onto an intermediate tool chest which rests on the 
base tool cabinet. Smaller top chests typically have handles on the 
sides, while the larger top chests typically lack handles. 
Intermediate tool chests are designed to fit on top of the floor 
standing tool cabinet and to be used underneath the top tool chest. 
Although they may be packaged or used separately from the tool 
cabinet, intermediate chests are designed to be used in conjunction 
with tool cabinets. The intermediate chests typically do not have 
handles. The intermediate and top chests may have the capability of 
being bolted together.
    Side cabinets are designed to be bolted or otherwise attached to 
the side of the base storage cabinet to expand the storage capacity 
of the base tool cabinet.
    Subject tool chests and cabinets also may be packaged with a 
tool set included. Packaging a subject tool chest and cabinet with a 
tool set does not remove an otherwise covered subject tool chest and 
cabinet from the scope. When this occurs, the tools are not part of 
the subject merchandise.
    All tool chests and cabinets that meet the above definition are 
included in the scope unless otherwise specifically excluded.
    Excluded from the scope of the Order are tool boxes, chests, and 
cabinets with bodies made of plastic, carbon fiber, wood, or other 
non-metallic substances.
    Also excluded from the scope of the Order are industrial grade 
steel tool chests and cabinets. The excluded industrial grade steel 
tool chests and cabinets are those:
    (1) having a body that is over 60 inches in width; or
    (2) having each of the following physical characteristics:
    (a) a body made of steel that is 0.047 inches or more in 
thickness;
    (b) a body depth (front to back) exceeding 21 inches; and
    (c) a unit weight that exceeds the maximum unit weight shown 
below for each width range:

------------------------------------------------------------------------
                         Inches                           Maximum pounds
------------------------------------------------------------------------
                    Weight to Width Ratio Tool Chests
------------------------------------------------------------------------
Greater than 21 and less than or equal to 25............              90
Greater than 25 and less than or equal to 28............             115
Greater than 28 and less than or equal to 30............             120
Greater than 30 and less than or equal to 32............             130
Greater than 32 and less than or equal to 34............             140

[[Page 44277]]

 
Greater than 34 and less than or equal to 36............             150
Greater than 36 and less than or equal to 38............             160
Greater than 38 and less than or equal to 40............             170
Greater than 40 and less than or equal to 42............             180
Greater than 42 and less than or equal to 44............             190
Greater than 44 and less than or equal to 46............             200
Greater than 46 and less than or equal to 48............             210
Greater than 48 and less than or equal to 50............             220
Greater than 50 and less than or equal to 52............             230
Greater than 52 and less than or equal to 54............             240
Greater than 54 and less than or equal to 56............             250
Greater than 56 and less than or equal to 58............             260
Greater than 58 and less than or equal to 60............             270
------------------------------------------------------------------------
                   Weight to Width Ratio Tool Cabinets
------------------------------------------------------------------------
Greater than 21 and less than or equal to 25............             155
Greater than 25 and less than or equal to 28............             170
Greater than 28 and less than or equal to 30............             185
Greater than 30 and less than or equal to 32............             200
Greater than 32 and less than or equal to 34............             215
Greater than 34 and less than or equal to 36............             230
Greater than 36 and less than or equal to 38............             245
Greater than 38 and less than or equal to 40............             260
Greater than 40 and less than or equal to 42............             280
Greater than 42 and less than or equal to 44............             290
Greater than 44 and less than or equal to 46............             300
Greater than 46 and less than or equal to 48............             310
Greater than 48 and less than or equal to 50............             320
Greater than 50 and less than or equal to 52............             330
Greater than 52 and less than or equal to 54............             340
Greater than 54 and less than or equal to 56............             350
Greater than 56 and less than or equal to 58............             360
Greater than 58 and less than or equal to 60............             370
------------------------------------------------------------------------

    Also excluded from the scope of the Order are service carts. The 
excluded service carts have all of the following characteristics:
    (1) casters, wheels, or other similar devices which allow the 
service cart to be rolled from place to place;
    (2) an open top for storage, a flat top, or a flat lid on top of 
the unit that opens;
    (3) a space or gap between the casters, wheels, or other similar 
devices, and the bottom of the enclosed storage space (e.g., 
drawers) of at least 10 inches; and
    (4) a total unit height, including casters, of less than 48 
inches.
    Also excluded from the scope of the Order are non-mobile work 
benches. The excluded non-mobile work benches have all of the 
following characteristics:
    (1) a solid top working surface;
    (2) no drawers, one drawer, or two drawers in a side-by-side 
configuration; and
    (3) the unit is supported by legs and has no solid front, side, 
or back panels enclosing the body of the unit.
    Also excluded from the scope of the Order are metal filing 
cabinets that are configured to hold hanging file folders and are 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) at subheading 9403.10.0020.
    Merchandise subject to the Order is classified under HTSUS 
categories 9403.20.0021, 9403.20.0026, 9403.20.0030 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 the 
Order is dispositive.

[FR Doc. 2023-14756 Filed 7-11-23; 8:45 am]
BILLING CODE 3510-DS-P