[Federal Register Volume 88, Number 236 (Monday, December 11, 2023)]
[Notices]
[Pages 85914-85916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27151]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 731-TA-1607-1611 (Final)]


Boltless Steel Shelving Units Prepackaged for Sale From India, 
Malaysia, Taiwan, Thailand, and Vietnam; Scheduling of the Final Phase 
of Antidumping Duty Investigations

AGENCY: International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping investigation Nos. 731-TA-1607-1611 (Final) 
pursuant to the Tariff Act of 1930 (``the Act'') to determine whether 
an industry in the United States is materially injured or threatened 
with material injury, or the establishment of an industry in the United 
States is materially retarded, by reason of imports of boltless steel 
shelving units prepackaged for sale (``boltless steel shelving'') from 
India, Malaysia, Taiwan, Thailand, and Vietnam, provided for in 
subheading 9403.20.00 of the Harmonized Tariff Schedule of the United 
States. The Department of Commerce (``Commerce'') has preliminarily 
determined imports of boltless steel shelving from Malaysia, Taiwan, 
Thailand, and Vietnam to be sold at less-than-fair value. In addition, 
Commerce has made negative

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preliminary determinations of sales at less-than-fair value in the 
antidumping duty investigation on boltless steel shelving from India.

DATES: November 29, 2023.

FOR FURTHER INFORMATION CONTACT: Jordan Harriman (202-205-2610), Office 
of Investigations, U.S. International Trade Commission, 500 E Street 
SW, Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
internet server (https://www.usitc.gov). The public record for these 
investigations may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Scope.--For purposes of these investigations, Commerce has defined 
the subject merchandise as ``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.'' \1\
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    \1\ A full description of the subject merchandise covered in the 
scope of these investigations is contained in the Federal Register 
notices of Commerce's preliminary antidumping duty determinations on 
boltless steel shelving. See 88 FR 83382, November 29, 2023; 88 FR 
83386, November 29, 2023; 88 FR 83389, November 29, 2023; 88 FR 
83392, November 29, 2023; and 88 FR 83395, November 29, 2023.
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    Background.--The final phase of these investigations is being 
scheduled, pursuant to section 735(b) of the Tariff Act of 1930 (19 
U.S.C. 1673d(b)), as a result of affirmative preliminary determinations 
by Commerce that imports of boltless steel shelving units prepackaged 
for sale from Malaysia, Taiwan, Thailand, and Vietnam are being sold in 
the United States at less than fair value within the meaning of Sec.  
733 of the Act (19 U.S.C. 1673b). The investigations were requested in 
petitions filed on April 25, 2023, by Edsal Manufacturing Co., Inc., 
Chicago, Illinois.
    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 
CFR part 207).
    Although Commerce has preliminarily determined that imports of 
boltless steel shelving units prepackaged for sale from India are not 
being and are not likely to be sold in the United States at less than 
fair value, for purposes of efficiency the Commission hereby waives 
rule 207.21(b) \2\ so that the final phase of the investigations may 
proceed concurrently in the event that Commerce makes a final 
affirmative determinations with respect to such imports.
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    \2\ Sec.  207.21(b) of the Commission's rules provides that, 
where Commerce has issued a negative preliminary determination, the 
Commission will publish a Final Phase Notice of Scheduling upon 
receipt of an affirmative final determination from Commerce.
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    Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in Sec.  201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.
    Please note the Secretary's Office will accept only electronic 
filings during this time. Filings must be made through the Commission's 
Electronic Document Information System (EDIS, https://edis.usitc.gov.) 
No in-person paper-based filings or paper copies of any electronic 
filings will be accepted until further notice.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec.  207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of these investigations 
available to authorized applicants under the APO issued in the 
investigations, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigations. A party granted access 
to BPI in the preliminary phase of the investigations need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on March 
26, 2024, and a public version will be issued thereafter, pursuant to 
Sec.  207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on Thursday, 
April 11, 2024. Requests to appear at the hearing should be filed in 
writing with the Secretary to the Commission on or before Thursday, 
April 4, 2024. Any requests to appear as a witness via videoconference 
must be included with your request to appear. Requests to appear via 
videoconference must include a statement explaining why the witness 
cannot appear in person; the Chairman, or other person designated to 
conduct the investigation, may in their discretion for good cause 
shown, grant such a request. Requests to appear as remote witness due 
to illness or a positive COVID-19 test result may be submitted by 3pm 
the business day prior to the hearing. Further information about 
participation in the hearing will be posted on the Commission's website 
at https://www.usitc.gov/calendarpad/calendar.html.
    A nonparty who has testimony that may aid the Commission's 
deliberations may request permission to present a short statement at 
the hearing. All parties and nonparties desiring to appear at the 
hearing and make oral presentations should attend a prehearing 
conference, if deemed necessary, to be held at 9:30 a.m. on Friday, 
April 5, 2024. Parties shall file and serve written testimony and 
presentation slides in connection with their presentation at the 
hearing by no later than 4:00pm on April 10, 2024. Oral testimony and 
written materials to be submitted at the public hearing are governed by 
sections 201.6(b)(2), 201.13(f), and 207.24 of the

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Commission's rules. Parties must submit any request to present a 
portion of their hearing testimony in camera no later than 7 business 
days prior to the date of the hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of Sec.  207.23 of the Commission's rules; 
the deadline for filing is April 2, 2024. Parties shall also file 
written testimony in connection with their presentation at the hearing, 
and posthearing briefs, which must conform with the provisions of 
section 207.25 of the Commission's rules. The deadline for filing 
posthearing briefs is April 18, 2024. In addition, any person who has 
not entered an appearance as a party to the investigations may submit a 
written statement of information pertinent to the subject of the 
investigations, including statements of support or opposition to the 
petition, on or before April 18, 2024. On May 8, 2024, the Commission 
will make available to parties all information on which they have not 
had an opportunity to comment. Parties may submit final comments on 
this information on or before May 10, 2024, but such final comments 
must not contain new factual information and must otherwise comply with 
Sec.  207.30 of the Commission's rules. All written submissions must 
conform with the provisions of Sec.  201.8 of the Commission's rules; 
any submissions that contain BPI must also conform with the 
requirements of Sec. Sec.  201.6, 207.3, and 207.7 of the Commission's 
rules. The Commission's Handbook on Filing Procedures, available on the 
Commission's website at https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, elaborates upon the Commission's 
procedures with respect to filings.
    Additional written submissions to the Commission, including 
requests pursuant to Sec.  201.12 of the Commission's rules, shall not 
be accepted unless good cause is shown for accepting such submissions, 
or unless the submission is pursuant to a specific request by a 
Commissioner or Commission staff.
    In accordance with Sec. Sec.  201.16(c) and 207.3 of the 
Commission's rules, each document filed by a party to the 
investigations must be served on all other parties to the 
investigations (as identified by either the public or BPI service 
list), and a certificate of service must be timely filed. The Secretary 
will not accept a document for filing without a certificate of service.
    Authority: These investigations are being conducted under authority 
of title VII of the Tariff Act of 1930; this notice is published 
pursuant to Sec.  207.21 of the Commission's rules.

    By order of the Commission.

    Issued: December 6, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-27151 Filed 12-8-23; 8:45 am]
BILLING CODE 7020-02-P