[Federal Register Volume 88, Number 140 (Monday, July 24, 2023)]
[Notices]
[Pages 47474-47479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15557]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-133, C-570-134]


Certain Metal Lockers and Parts Thereof From the People's 
Republic of China: Initiation and Expedited Preliminary Results of 
Changed Circumstances Reviews, and Intent To Revoke the Antidumping and 
Countervailing Duty Orders, in Part

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

SUMMARY: The U.S. Department of Commerce (Commerce) is initiating and 
issuing expedited preliminary results of changed circumstances reviews 
(CCR) of the antidumping duty (AD) and countervailing duty (CVD) orders 
on certain metal lockers and parts thereof (metal lockers) from the 
People's Republic of China (China), to revoke the orders, in part, with 
respect to certain gun safes. Interested parties are invited to comment 
on these preliminary results.

DATES: Applicable July 24, 2023.

FOR FURTHER INFORMATION CONTACT: Matthew Palmer, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1678.

SUPPLEMENTARY INFORMATION: 

Background

    On August 20, 2021, Commerce published the AD and CVD orders on 
metal lockers from China.\1\ On June 21, 2023, Tractor Supply Company 
(TSC), requested, through a CCR, the partial revocation of the Orders 
pursuant to section 751(b)(1)(A) of the Tariff Act of 1930, as amended 
(the Act), 19 CFR 351.216, and 19 CFR 351.221(c)(3)(ii).\2\ TSC stated 
that it qualifies as an importer of certain gun safes currently subject 
to duties and, as such, is an interested party pursuant to section 
771(9)(A) of the Act and 19 CFR 351.102(b)(29)(ii).\3\
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    \1\ See Certain Metal Lockers and Parts Thereof from the 
People's Republic of China: Antidumping and Countervailing Duty 
Orders, 86 FR 46826 (August 20, 2021) (Orders).
    \2\ See TSC's Letter, ``Request for Changed Circumstances 
Review,'' dated October 25, 2022 (TSC's Request).
    \3\ See TSC's Letter, ``Supporting Documents for Entry of 
Appearance and APO Application,'' dated June 20, 2023.
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    On June 22, 2023, List Industries, Inc. (List) and Tennsco LLC 
(Tennsco), petitioners in the original investigations leading to the 
Orders, filed comments in support of partially revoking the Orders with 
regard to certain gun safes as defined in TSC's request.\4\ TSC's 
Request includes additional letters of support from the domestic 
industry,\5\ that, when including List and Tennsco's support,\6\ 
represents substantially all of the production of the domestic like 
product.\7\ On July 10, 2023, TSC filed follow-up comments reiterating 
its previous request.\8\
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    \4\ See Petitioner's Letter, ``Response to Changed Circumstance 
Review Request,'' dated June 22, 2023 (Petitioner's Comments) 
(citing TSC's proposed exclusion language for certain gun safes that 
would cover TSC's TS12-30 and TS20-30 products).
    \5\ See TSC's Request at 2 (citing Exhibit 1).
    \6\ See Petitioner's Comments at 12-13.
    \7\ See TSC's Request at 2 (citing Exhibit 1); see also 
Petitioners Comments at 2.
    \8\ See TSC's Letter, ``Follow-Up to Request for Changed 
Circumstances Review,'' dated July 10, 2023.
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Scope of the Orders

    The scope of the Orders covers certain metal lockers, with or 
without doors, and parts thereof (metal lockers). The

[[Page 47475]]

subject metal lockers are secure metal storage devices less than 27 
inches wide and less than 27 inches deep, whether floor standing, 
installed onto a base or wall-mounted. In a multiple locker assembly 
(whether a welded locker unit, otherwise assembled locker unit or 
knocked down unit or kit), the width measurement shall be based on the 
width of an individual locker not the overall unit dimensions. All 
measurements in this scope are based on actual measurements taken on 
the outside dimensions of the single-locker unit. The height is the 
vertical measurement from the bottom to the top of the unit. The width 
is the horizontal (side to side) measurement of the front of the unit, 
and the front of the unit is the face with the door or doors or the 
opening for internal access of the unit if configured without a door. 
The depth is the measurement from the front to the back of the unit. 
The subject certain metal lockers typically include the bodies (back, 
side, shelf, top and bottom panels), door frames with or without doors 
which can be integrated into the sides or made separately, and doors.
    The subject metal lockers typically are made of flat-rolled metal, 
metal mesh and/or expanded metal, which includes but is not limited to 
alloy or non-alloy steel (whether or not galvanized or otherwise 
metallically coated for corrosion resistance), stainless steel, or 
aluminum, but the doors may also include transparent polycarbonate, 
Plexiglas or similar transparent material or any combination thereof. 
Metal mesh refers to both wire mesh and expanded metal mesh. Wire mesh 
is a wire product in which the horizontal and transverse wires are 
welded at the cross-section in a grid pattern. Expanded metal mesh is 
made by slitting and stretching metal sheets to make a screen of 
diamond or other shaped openings.
    Where the product has doors, the doors are typically configured 
with or for a handle or other device or other means that permit the use 
of a mechanical or electronic lock or locking mechanism, including, but 
not limited to: A combination lock, a padlock, a key lock (including 
cylinder locks) lever or knob lock, electronic key pad, or other 
electronic or wireless lock. The handle and locking mechanism, if 
included, need not be integrated into one another. The subject locker 
may or may not also enter with the lock or locking device included or 
installed. The doors or body panels may also include vents (including 
wire mesh or expanded metal mesh vents) or perforations. The bodies, 
body components and doors are typically powder coated, otherwise 
painted or epoxy coated or may be unpainted. The subject merchandise 
includes metal lockers imported either as welded or otherwise assembled 
units (ready for installation or use) or as knocked down units or kits 
(requiring assembly prior to installation or use).
    The subject lockers may be shipped as individual or multiple locker 
units preassembled, welded, or combined into banks or tiers for ease of 
installation or as sets of component parts, bulk packed (i.e., all 
backs in one package, crate, rack, carton or container and sides in 
another package, crate, rack, carton or container) or any combination 
thereof. The knocked down lockers are shipped unassembled requiring a 
supplier, contractor or end-user to assemble the individual lockers and 
locker banks prior to installation.
    The scope also includes all parts and components of lockers made 
from flat-rolled metal or expanded metal (e.g., doors, frames, shelves, 
tops, bottoms, backs, side panels, etc.) as well as accessories that 
are attached to the lockers when installed (including, but not limited 
to, slope tops, bases, expansion filler panels, dividers, recess trim, 
decorative end panels, and end caps) that may be imported together with 
lockers or other locker components or on their own. The particular 
accessories listed for illustrative purposes are defined as follows:
    a. Slope tops: Slope tops are slanted metal panels or units that 
fit on the tops of the lockers and that slope from back to front to 
prevent the accumulation of dust and debris on top of the locker and to 
discourage the use of the tops of lockers as storage areas. Slope tops 
come in various configurations including, but not limited to, unit 
slope tops (in place of flat tops), slope hoods made of a back, top and 
end pieces which fit over multiple units and convert flat tops to a 
sloping tops, and slope top kits that convert flat tops to sloping tops 
and include tops, backs and ends.
    b. Bases: Locker bases are panels made from flat-rolled metal that 
either conceal the legs of the locker unit, or for lockers without 
legs, provide a toe space in the front of the locker and conceal the 
flanges for floor anchoring.
    c. Expansion filler panel: Expansion filler panels or fillers are 
metal panels that attach to locker units to cover columns, pipes or 
other obstacles in a row of lockers or fill in gaps between the locker 
and the wall. Fillers may also include metal panels that are used on 
the sides or the top of the lockers to fill gaps.
    d. Dividers: Dividers are metal panels that divide the space within 
a locker unit into different storage areas.
    e. Recess trim: Recess trim is a narrow metal trim that bridges the 
gap between lockers and walls or soffits when lockers are recessed into 
a wall.
    f. Decorative end panels: End panels fit onto the exposed ends of 
locker units to cover holes, bolts, nuts, screws and other fasteners. 
They typically are painted to match the lockers.
    g. End caps: End caps fit onto the exposed ends of locker units to 
cover holes, bolts, nuts, screws and other fasteners.
    The scope also includes all hardware for assembly and installation 
of the lockers and locker banks that are imported with or shipped, 
invoiced, or sold with the imported locker or locker system except the 
lock.
    Excluded from the scope are wire mesh lockers. Wire mesh lockers 
are those with each of the following characteristics:
    (1) At least three sides, including the door, made from wire mesh;
    (2) the width and depth each exceed 25 inches; and
    (3) the height exceeds 90 inches.
    Also excluded are lockers with bodies made entirely of plastic, 
wood, or any nonmetallic material.
    Also excluded are exchange lockers with multiple individual locking 
doors mounted on one master locking door to access multiple units. 
Excluded exchange lockers have multiple individual storage spaces, 
typically arranged in tiers, with access doors for each of the multiple 
individual storage space mounted on a single frame that can be swung 
open to allow access to all of the individual storage spaces at once. 
For example, uniform or garment exchange lockers are designed for the 
distinct function of securely and hygienically exchanging clean and 
soiled uniforms. Thus, excluded exchange lockers are a multi-access 
point locker whereas covered lockers are a single access point locker 
for personal storage. The excluded exchange lockers include assembled 
exchange lockers and those that enter in `knock down' form in which all 
of the parts and components to assemble a completed exchange locker 
unit are packaged together. Parts for exchange lockers that are 
imported separately from the exchange lockers in `knock down' form are 
not excluded.
    Also excluded are metal lockers that are imported with an installed 
electronic, internet-enabled locking device that permits communication 
or connection between the locker's locking device and other internet 
connected devices.
    Also excluded are locks and hardware and accessories for assembly 
and

[[Page 47476]]

installation of the lockers, locker banks and storage systems that are 
separately imported in bulk and are not incorporated into a locker, 
locker system or knocked down kit at the time of importation. Such 
excluded hardware and accessories include but are not limited to locks 
and bulk imported rivets, nuts, bolts, hinges, door handles, door/frame 
latching components, and coat hooks. Accessories of sheet metal, 
including but not limited to end panels, bases, dividers and sloping 
tops, are not excluded accessories.
    Mobile tool chest attachments that meet the physical description 
above are covered by the scope of the Orders, unless such attachments 
are covered by the scope of the Orders on certain tool chests and 
cabinets from China. If the Orders on certain tool chests and cabinets 
from China are revoked, the mobile tool chest attachments from China 
will be covered by the scope of the Orders.
    The scope also excludes metal safes with each of the following 
characteristics: (1) Pry resistant, concealed hinges; (2) body walls 
and doors of steel that are at least 17 gauge (0.05625 inch or 1.42874 
mm thick); and (3) an integrated locking mechanism that includes at 
least two round steel bolts 0.75 inch (19 mm) or larger in diameter; or 
three bolts 0.70 inch (17.78 mm) or more in diameter; or four or more 
bolts at least 0.60 inch (15.24 mm) or more in diameter, that project 
from the door into the body or frame of the safe when in the locked 
position.
    The scope also excludes gun safes meeting each of the following 
requirements:
    (1) Shall be able to fully contain firearms and provide for their 
secure storage.
    (2) Shall have a locking system consisting of at minimum a 
mechanical or electronic combination lock. The mechanical or electronic 
combination lock utilized by the safe shall have at least 10,000 
possible combinations consisting of a minimum three numbers, letters, 
or symbols. The lock shall be protected by a casehardened (Rc 60+) 
drill-resistant steel plate, or drill-resistant material of equivalent 
strength.
    (3) Boltwork shall consist of a minimum of three steel locking 
bolts of at least 1-2 inch thickness that intrude from the door of the 
safe into the body of the safe or from the body of the safe into the 
door of the safe, which are operated by a separate handle and secured 
by the lock.
    (4) The exterior walls shall be constructed of a minimum 12-gauge 
thick steel for a single-walled safe, or the sum of the steel walls 
shall add up to at least 0.100 inches for safes with walls made from 
two pieces of flat-rolled steel.
    (5) Doors shall be constructed of a minimum one layer of 7-gauge 
steel plate reinforced construction or at least two layers of a minimum 
12-gauge steel compound construction.
    (6) Door hinges shall be protected to prevent the removal of the 
door. Protective features include, but are not limited to: Hinges not 
exposed to the outside, interlocking door designs, dead bars, jeweler's 
lugs and active or inactive locking bolts.
    The scope also excludes metal storage devices that (1) have two or 
more exterior exposed drawers regardless of the height of the unit, or 
(2) are no more than 30 inches tall and have at least one exterior 
exposed drawer.
    Also excluded from the scope are free standing metal cabinets less 
than 30 inches tall with a single opening, single door and an installed 
tabletop.
    The scope also excludes metal storage devices less than 27 inches 
wide and deep that: (1) Have two doors hinged on the right and left 
side of the door frame respectively covering a single opening and that 
open from the middle toward the outer frame; or (2) are free standing 
or wall-mounted, single-opening units 20 inches or less high with a 
single door.
    The subject certain metal lockers are classified under Harmonized 
Tariff Schedule of the United States (HTSUS) subheading 9403.20.0078. 
Parts of subject certain metal lockers are classified under HTS 
subheading 9403.90.8041. In addition, subject certain metal lockers may 
also enter under HTS subheading 9403.20.0050. While HTSUS subheadings 
are provided for convenience and Customs purposes, the written 
description of the scope of the Orders is dispositive.

Proposed Revocation of the Orders, in Part

    TSC requested that the Orders be revoked, in part, with respect to 
certain gun safes, specifically requesting that TSC's gun safe models 
TS12-30 and TS20-30 be excluded from the Orders and further, that 
Commerce conduct an expedited CCR.\9\ TSC's Request proposes that 
Commerce adopt new exclusion language to the scope of the Orders as 
follows: \10\
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    \9\ See TSC's Request at 1.
    \10\ Id. at 3-4.

    The scope also excludes gun safes meeting each of the following 
requirements:
    (1) Shall be able to fully contain firearms and provide for 
their secure storage.
    (2) Shall have a locking system consisting of at minimum a 
mechanical or electronic combination lock with a lock body that is 
integrated into the door of the safe. The mechanical or electronic 
combination lock utilized by the safe shall have at least 10,000 
possible combinations consisting of a minimum three numbers, 
letters, or symbols.
    (3) Bolt work shall consist of a minimum of three steel locking 
bolts of at least \1/2\-inch diameter that intrude from the door of 
the safe into the body of the safe or from the body of the safe into 
the door of the safe, which are operated by a separate handle and 
secured by the lock.
    (4) The exterior walls (inclusive of the floor and top) shall be 
constructed of a minimum 14-gauge thick steel and shall be lined 
with one or more layers of fire-retardant gypsum board bonded, 
affixed with brackets or otherwise securely attached to the exterior 
walls. The fire retardant gypsum board shall be at least 15 mm in 
thickness for a single layer or shall sum to at least 19 mm in 
thickness where multiple layers are combined together.
    (5) Doors shall be constructed of a minimum of one layer of 14-
gauge steel lined with a minimum of one layer of 15 mm thick, fire-
retardant gypsum board bonded, affixed with brackets or otherwise 
securely attached to the door. The doors shall fit into jambs 
equipped with a fire seal fitted completely around the door frame 
consisting of a hydrated sodium silicate encapsulated in a plastic 
film or sleeve that, when heat-activated by temperatures of over 210 
degrees, expands to cover the space between the jambs and door, 
providing a barrier to prevent the intrusion of flames, gas, or 
smoke into the safe.
    (6) Door hinges shall be protected to prevent the removal of the 
door. Protective features include but are not limited to: hinges not 
exposed to the outside, interlocking door designs, dead bars, 
jeweler's lugs and active or inactive locking bolts.
    (7) The excluded safe must be imported in the fully assembled 
condition.

    For a complete description of the proposed scope of these Orders, 
see the appendix to this notice.

Initiation of CCRs

    Pursuant to section 751(b) of the Act, Commerce will conduct a CCR 
upon receipt of a request from an interested party that shows changed 
circumstances sufficient to warrant a review of the Orders. In 
accordance with 19 CFR 351.216(d), Commerce determines that the 
information submitted by TSC, along with substantially all of the 
domestic industry's support, constitutes a sufficient basis to conduct 
an expedited CCR of the Orders.
    Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide 
that Commerce may revoke an order (in whole or in part) if it 
determines that producers accounting for substantially all of the 
production of the domestic like product have expressed a lack of

[[Page 47477]]

interest in the order, in whole or in part. In its administrative 
practice, Commerce has interpreted ``substantially all'' to mean 
producers accounting for at least 85 percent of the total U.S. 
production of the domestic like product covered by the order.\11\
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    \11\ See, e.g., Certain Cased Pencils from the People's Republic 
of China: Initiation and Preliminary Results of Antidumping Duty 
Changed Circumstances Review, and Intent to Revoke Order in Part, 77 
FR 42276 (July 18, 2012), unchanged in Certain Cased Pencils from 
the People's Republic of China: Final Results of Antidumping Duty 
Changed Circumstances Review, and Determination to Revoke Order, in 
Part, 77 FR 53176 (August 31, 2012).
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    Furthermore, section 751(b)(4)(B) of the Act states that, ``in the 
absence of good cause shown,'' the Secretary of Commerce may not review 
a final determination less than 24 months after the date of publication 
of the notice of final determination or notice of suspension of an 
investigation. The final determinations in the less-than-fair-value-
investigation and countervailing duty investigation of metal lockers 
from China published on July 7, 2021.\12\ Therefore, because we are 
initiating this review more than 24 months after July 7, 2021, it is 
not necessary to establish good cause for conducting this review.
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    \12\ See Certain Metal Lockers and Parts Thereof from the 
People's Republic of China: Final Affirmative Determination of Sales 
at Less Than Fair Value, 86 FR 35737 (July 7, 2021); see also 
Certain Metal Lockers and Parts Thereof from the People's Republic 
of China: Final Affirmative Countervailing Duty Determination, 86 FR 
35741 (July 7, 2021).
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Preliminary Results of CCR and Intent To Revoke the Orders, in Part

    Section 351.221(c)(3)(ii) of Commerce's regulations permits 
Commerce to combine the notice of initiation of a CCR and the notice of 
preliminary results if Commerce concludes that expedited action is 
warranted.\13\ In this instance, because the record contains 
information necessary to make a preliminary finding, we find that 
expedited action is warranted and have combined the notice of 
initiation and the notice of preliminary results.\14\
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    \13\ See 19 CFR 351.221(c)(3)(ii); see also Certain Pasta from 
Italy: Initiation and Preliminary Results of Antidumping Duty 
Changed Circumstances Review, 80 FR 33480, 33480-41 (June 12, 2015) 
(Pasta from Italy Preliminary Results), unchanged in Certain Pasta 
from Italy: Final Results of Changed Circumstances Review, 80 FR 
48807 (August 14, 2015) (Pasta from Italy Final Results).
    \14\ See, e.g., Pasta from Italy Preliminary Results, 80 FR at 
33480-41, unchanged in Pasta from Italy Final Results, 80 FR at 
48807.
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    Pursuant to section 751(d)(1) of the Act, and 19 CFR 351.222(g), 
Commerce may revoke an AD or CVD order, in whole or in part, based on a 
review under section 751(b) of the Act (i.e., a CCR). Section 751(b)(1) 
of the Act requires a CCR to be conducted upon receipt of a request 
which shows changed circumstances sufficient to warrant a review. 
Section 782(h)(2) of the Act gives Commerce the authority to revoke an 
order if producers accounting for substantially all of the production 
of the domestic like product have expressed a lack of interest in the 
order. Section 351.222(g) of Commerce's regulations provides that 
Commerce will conduct a CCR of an AD or CVD order under 19 CFR 351.216, 
and may revoke an order (in whole or in part), if it concludes that: 
(i) producers accounting for substantially all of the production of the 
domestic like product to which the order pertains have expressed a lack 
of interest in the relief provided by the order, in whole or in part; 
or (ii) if other changed circumstances sufficient to warrant revocation 
exist. Thus, both the Act and Commerce's regulations require that 
``substantially all'' domestic producers express a lack of interest in 
the order for Commerce to revoke the order, in whole or in part.\15\ In 
its administrative practice, Commerce has interpreted ``substantially 
all'' to represent producers accounting for at least 85 percent of U.S. 
production of the domestic like product.\16\
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    \15\ See section 782(h) of the Act; and 19 CFR 351.222(g)
    \16\ See, e.g., Honey from Argentina: Antidumping and 
Countervailing Duty Changed Circumstances Reviews; Preliminary 
Intent to Revoke Antidumping and Countervailing Duty Orders, 77 FR 
67790, 67791 (November 14, 2012), unchanged in Honey from Argentina: 
Final Results of Antidumping and Countervailing Duty Changed 
Circumstances Reviews; Revocation of Antidumping and Countervailing 
Duty Orders, 77 FR 77029 (December 31, 2012).
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    As explained above, domestic locker producers accounting for 
greater than 85 percent of the domestic industry have expressed support 
for TSC's requested CCR, which includes support from the original 
petitioners and other domestic locker producers.\17\ The domestic 
industry did not oppose the request for expedited changed circumstances 
reviews, or the addition of the specific exclusion language proposed by 
TSC.\18\
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    \17\ See TSC's Request at 2 (citing Exhibit 1); see also 
Petitioner's Comments at 12-13.
    \18\ See TSC's Request at 2 (citing Exhibit 1); see also 
Petitioner's Comments at 12-13.
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    In the Petitioner's Comments, List and Tennsco state their support 
for ``the addition of TSC's proposed exclusion language for certain gun 
safes that would cover its TS12-30 and TS20-30 models,'' \19\ further 
stating that they ``support retroactivity of the exclusion back to the 
date of the Orders.'' \20\ The Petitioner's Comments explain that the 
support for the exclusion is conditioned on the new exclusion language 
not being applied to entries prior to the Orders, effective August 20, 
2021.\21\
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    \19\ See Petitioner's Comments at 12-13.
    \20\ Id. (specifically citing August 20, 2021).
    \21\ Id.
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    In light of the domestic producers' statements of support in 
modifying the Orders, in part, with respect to certain gun safes as 
described by TSC, and in the absence of any other interested party 
comments addressing the issue of domestic industry support, we 
preliminarily conclude that producers accounting for substantially all 
of the production of the domestic like product to which the Orders 
pertain lack interest in the relief provided by the Orders with respect 
to certain gun safes that are the subject of TSC's CCR request. Thus, 
we preliminarily determine that changed circumstances warrant 
revocation of the Orders, in part, with respect to such gun safes, with 
retroactivity of the revocation only back to the date of the Orders. 
Accordingly, we are notifying the public of our intent to revoke the 
Orders, in part, with respect to certain gun safes described in the 
``Proposed Revocation of the Orders, in Part'' section above, with 
retroactivity of the revocation applying back to the date of 
publication of the Orders, August 20, 2021.

Public Comment

    In accordance with 19 CFR 351.309(c)(1)(ii), interested parties may 
submit case briefs not later than 14 days after the date of publication 
of this notice.\22\ Rebuttal briefs, limited to issues raised in the 
case briefs, may be filed no later than seven days after the due date 
for case briefs, in accordance with 19 CFR 351.309(d). Parties who 
submit case or rebuttal briefs are encouraged to submit with each 
argument: (1) a statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.\23\ All comments are to be 
filed electronically via ACCESS and must be served on interested 
parties.\24\ Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information, until further notice.\25\ An electronically filed document 
must be received successfully in its entirety by ACCESS by 5:00 p.m.

[[Page 47478]]

Eastern Time on the day on which it is due.
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    \22\ Commerce is exercising its discretion under 19 CFR 
351.309(c)(1)(ii) to alter the time limit for the filing of case 
briefs.
    \23\ See 19 CFR 351.30(c)(2) and (d)(2).
    \24\ See, generally, 19 CFR 351.303.
    \25\ 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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    Pursuant to 19 CFR 351.310(c), any interested party may request a 
hearing within 14 days of publication of this notice in the Federal 
Register. Hearing requests should contain the following information: 
(1) the party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of the issues to be discussed. Oral 
presentations at the hearing will be limited to issues raised in the 
briefs. If a request for a hearing is made, Commerce intends to hold 
the hearing at a time and date to be determined. Parties should confirm 
the date and the time of the hearing two days before the scheduled 
date.

Final Results of Review

    Unless extended, consistent with 19 CFR 351.216(e), Commerce 
intends to issue the final results of this CCR no later than 270 days 
after the date on which this review was initiated or 45 days if all 
parties agree to the outcome of the review.

Notification to Interested Parties

    This initiation notice is published in accordance with section 
751(b)(1) of the Act and 19 CFR 351.221(b)(1).

    Dated: July 17, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

Proposed Scope of the Orders

    The scope of the Orders covers certain metal lockers, with or 
without doors, and parts thereof (metal lockers). The subject metal 
lockers are secure metal storage devices less than 27 inches wide 
and less than 27 inches deep, whether floor standing, installed onto 
a base or wall-mounted. In a multiple locker assembly (whether a 
welded locker unit, otherwise assembled locker unit or knocked down 
unit or kit), the width measurement shall be based on the width of 
an individual locker not the overall unit dimensions. All 
measurements in this scope are based on actual measurements taken on 
the outside dimensions of the single-locker unit. The height is the 
vertical measurement from the bottom to the top of the unit. The 
width is the horizontal (side to side) measurement of the front of 
the unit, and the front of the unit is the face with the door or 
doors or the opening for internal access of the unit if configured 
without a door. The depth is the measurement from the front to the 
back of the unit. The subject certain metal lockers typically 
include the bodies (back, side, shelf, top and bottom panels), door 
frames with or without doors which can be integrated into the sides 
or made separately, and doors.
    The subject metal lockers typically are made of flat-rolled 
metal, metal mesh and/or expanded metal, which includes but is not 
limited to alloy or non-alloy steel (whether or not galvanized or 
otherwise metallically coated for corrosion resistance), stainless 
steel, or aluminum, but the doors may also include transparent 
polycarbonate, Plexiglas or similar transparent material or any 
combination thereof. Metal mesh refers to both wire mesh and 
expanded metal mesh. Wire mesh is a wire product in which the 
horizontal and transverse wires are welded at the cross-section in a 
grid pattern. Expanded metal mesh is made by slitting and stretching 
metal sheets to make a screen of diamond or other shaped openings.
    Where the product has doors, the doors are typically configured 
with or for a handle or other device or other means that permit the 
use of a mechanical or electronic lock or locking mechanism, 
including, but not limited to: A combination lock, a padlock, a key 
lock (including cylinder locks) lever or knob lock, electronic key 
pad, or other electronic or wireless lock. The handle and locking 
mechanism, if included, need not be integrated into one another. The 
subject locker may or may not also enter with the lock or locking 
device included or installed. The doors or body panels may also 
include vents (including wire mesh or expanded metal mesh vents) or 
perforations. The bodies, body components and doors are typically 
powder coated, otherwise painted or epoxy coated or may be 
unpainted. The subject merchandise includes metal lockers imported 
either as welded or otherwise assembled units (ready for 
installation or use) or as knocked down units or kits (requiring 
assembly prior to installation or use).
    The subject lockers may be shipped as individual or multiple 
locker units preassembled, welded, or combined into banks or tiers 
for ease of installation or as sets of component parts, bulk packed 
(i.e., all backs in one package, crate, rack, carton or container 
and sides in another package, crate, rack, carton or container) or 
any combination thereof. The knocked down lockers are shipped 
unassembled requiring a supplier, contractor or end-user to assemble 
the individual lockers and locker banks prior to installation.
    The scope also includes all parts and components of lockers made 
from flat-rolled metal or expanded metal (e.g., doors, frames, 
shelves, tops, bottoms, backs, side panels, etc.) as well as 
accessories that are attached to the lockers when installed 
(including, but not limited to, slope tops, bases, expansion filler 
panels, dividers, recess trim, decorative end panels, and end caps) 
that may be imported together with lockers or other locker 
components or on their own. The particular accessories listed for 
illustrative purposes are defined as follows:
    a. Slope tops: Slope tops are slanted metal panels or units that 
fit on the tops of the lockers and that slope from back to front to 
prevent the accumulation of dust and debris on top of the locker and 
to discourage the use of the tops of lockers as storage areas. Slope 
tops come in various configurations including, but not limited to, 
unit slope tops (in place of flat tops), slope hoods made of a back, 
top and end pieces which fit over multiple units and convert flat 
tops to a sloping tops, and slope top kits that convert flat tops to 
sloping tops and include tops, backs and ends.
    b. Bases: Locker bases are panels made from flat-rolled metal 
that either conceal the legs of the locker unit, or for lockers 
without legs, provide a toe space in the front of the locker and 
conceal the flanges for floor anchoring.
    c. Expansion filler panel: Expansion filler panels or fillers 
are metal panels that attach to locker units to cover columns, pipes 
or other obstacles in a row of lockers or fill in gaps between the 
locker and the wall. Fillers may also include metal panels that are 
used on the sides or the top of the lockers to fill gaps.
    d. Dividers: Dividers are metal panels that divide the space 
within a locker unit into different storage areas.
    e. Recess trim: Recess trim is a narrow metal trim that bridges 
the gap between lockers and walls or soffits when lockers are 
recessed into a wall.
    f. Decorative end panels: End panels fit onto the exposed ends 
of locker units to cover holes, bolts, nuts, screws and other 
fasteners. They typically are painted to match the lockers.
    g. End caps: End caps fit onto the exposed ends of locker units 
to cover holes, bolts, nuts, screws and other fasteners.
    The scope also includes all hardware for assembly and 
installation of the lockers and locker banks that are imported with 
or shipped, invoiced, or sold with the imported locker or locker 
system except the lock.
    Excluded from the scope are wire mesh lockers. Wire mesh lockers 
are those with each of the following characteristics:
    (1) At least three sides, including the door, made from wire 
mesh;
    (2) the width and depth each exceed 25 inches; and
    (3) the height exceeds 90 inches.
    Also excluded are lockers with bodies made entirely of plastic, 
wood, or any nonmetallic material.
    Also excluded are exchange lockers with multiple individual 
locking doors mounted on one master locking door to access multiple 
units. Excluded exchange lockers have multiple individual storage 
spaces, typically arranged in tiers, with access doors for each of 
the multiple individual storage space mounted on a single frame that 
can be swung open to allow access to all of the individual storage 
spaces at once. For example, uniform or garment exchange lockers are 
designed for the distinct function of securely and hygienically 
exchanging clean and soiled uniforms. Thus, excluded exchange 
lockers are a multi-access point locker whereas covered lockers are 
a single access point locker for personal storage. The excluded 
exchange lockers include assembled exchange lockers and those that 
enter in `knock down' form in which all of the parts and components 
to assemble a completed exchange locker unit are packaged together. 
Parts for exchange lockers that are imported separately from the 
exchange lockers in `knock down' form are not excluded.
    Also excluded are metal lockers that are imported with an 
installed electronic,

[[Page 47479]]

internet-enabled locking device that permits communication or 
connection between the locker's locking device and other internet 
connected devices.
    Also excluded are locks and hardware and accessories for 
assembly and installation of the lockers, locker banks and storage 
systems that are separately imported in bulk and are not 
incorporated into a locker, locker system or knocked down kit at the 
time of importation. Such excluded hardware and accessories include 
but are not limited to locks and bulk imported rivets, nuts, bolts, 
hinges, door handles, door/frame latching components, and coat 
hooks. Accessories of sheet metal, including but not limited to end 
panels, bases, dividers and sloping tops, are not excluded 
accessories.
    Mobile tool chest attachments that meet the physical description 
above are covered by the scope of the Orders, unless such 
attachments are covered by the scope of the Orders on certain tool 
chests and cabinets from China. If the Orders on certain tool chests 
and cabinets from China are revoked, the mobile tool chest 
attachments from China will be covered by the scope of the Orders.
    The scope also excludes metal safes with each of the following 
characteristics: (1) Pry resistant, concealed hinges; (2) body walls 
and doors of steel that are at least 17 gauge (0.05625 inch or 
1.42874 mm thick); and (3) an integrated locking mechanism that 
includes at least two round steel bolts 0.75 inch (19 mm) or larger 
in diameter; or three bolts 0.70 inch (17.78 mm) or more in 
diameter; or four or more bolts at least 0.60 inch (15.24 mm) or 
more in diameter, that project from the door into the body or frame 
of the safe when in the locked position.
    The scope also excludes gun safes meeting each of the following 
requirements:
    (1) Shall be able to fully contain firearms and provide for 
their secure storage.
    (2) Shall have a locking system consisting of at minimum a 
mechanical or electronic combination lock. The mechanical or 
electronic combination lock utilized by the safe shall have at least 
10,000 possible combinations consisting of a minimum three numbers, 
letters, or symbols. The lock shall be protected by a casehardened 
(Rc 60+) drill-resistant steel plate, or drill-resistant material of 
equivalent strength.
    (3) Boltwork shall consist of a minimum of three steel locking 
bolts of at least 1-2 inch thickness that intrude from the door of 
the safe into the body of the safe or from the body of the safe into 
the door of the safe, which are operated by a separate handle and 
secured by the lock.
    (4) The exterior walls shall be constructed of a minimum 12-
gauge thick steel for a single-walled safe, or the sum of the steel 
walls shall add up to at least 0.100 inches for safes with walls 
made from two pieces of flat-rolled steel.
    (5) Doors shall be constructed of a minimum one layer of 7-gauge 
steel plate reinforced construction or at least two layers of a 
minimum 12-gauge steel compound construction.
    (6) Door hinges shall be protected to prevent the removal of the 
door. Protective features include, but are not limited to: Hinges 
not exposed to the outside, interlocking door designs, dead bars, 
jeweler's lugs and active or inactive locking bolts.
    The scope also excludes gun safes meeting each of the following 
requirements:
    (1) Shall be able to fully contain firearms and provide for 
their secure storage.
    (2) Shall have a locking system consisting of at minimum a 
mechanical or electronic combination lock with a lock body that is 
integrated into the door of the safe. The mechanical or electronic 
combination lock utilized by the safe shall have at least 10,000 
possible combinations consisting of a minimum three numbers, 
letters, or symbols.
    (3) Bolt work shall consist of a minimum of three steel locking 
bolts of at least \1/2\-inch diameter that intrude from the door of 
the safe into the body of the safe or from the body of the safe into 
the door of the safe, which are operated by a separate handle and 
secured by the lock.
    (4) The exterior walls (inclusive of the floor and top) shall be 
constructed of a minimum 14-gauge thick steel and shall be lined 
with one or more layers of fire-retardant gypsum board bonded, 
affixed with brackets or otherwise securely attached to the exterior 
walls. The fire retardant gypsum board shall be at least 15 mm in 
thickness for a single layer or shall sum to at least 19 mm in 
thickness where multiple layers are combined together.
    (5) Doors shall be constructed of a minimum of one layer of 14-
gauge steel lined with a minimum of one layer of 15 mm thick, fire-
retardant gypsum board bonded, affixed with brackets or otherwise 
securely attached to the door. The doors shall fit into jambs 
equipped with a fire seal fitted completely around the door frame 
consisting of a hydrated sodium silicate encapsulated in a plastic 
film or sleeve that, when heat-activated by temperatures of over 210 
degrees, expands to cover the space between the jambs and door, 
providing a barrier to prevent the intrusion of flames, gas, or 
smoke into the safe.
    (6) Door hinges shall be protected to prevent the removal of the 
door. Protective features include but are not limited to: hinges not 
exposed to the outside, interlocking door designs, dead bars, 
jeweler's lugs and active or inactive locking bolts.
    (7) The excluded safe must be imported in the fully assembled 
condition.
    The scope also excludes metal storage devices that (1) have two 
or more exterior exposed drawers regardless of the height of the 
unit, or (2) are no more than 30 inches tall and have at least one 
exterior exposed drawer.
    Also excluded from the scope are free standing metal cabinets 
less than 30 inches tall with a single opening, single door and an 
installed tabletop.
    The scope also excludes metal storage devices less than 27 
inches wide and deep that: (1) Have two doors hinged on the right 
and left side of the door frame respectively covering a single 
opening and that open from the middle toward the outer frame; or (2) 
are free standing or wall-mounted, single-opening units 20 inches or 
less high with a single door.
    The subject certain metal lockers are classified under 
Harmonized Tariff Schedule of the United States (HTSUS) subheading 
9403.20.0078. Parts of subject certain metal lockers are classified 
under HTS subheading 9403.90.8041. In addition, subject certain 
metal lockers may also enter under HTS subheading 9403.20.0050. 
While HTSUS subheadings are provided for convenience and Customs 
purposes, the written description of the scope of the Orders is 
dispositive.

[FR Doc. 2023-15557 Filed 7-21-23; 8:45 am]
BILLING CODE 3510-DS-P