[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
[[Page 85915]]
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
[[Page 85916]]
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