[Federal Register Volume 89, Number 39 (Tuesday, February 27, 2024)]
[Notices]
[Pages 14432-14438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03945]
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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 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 preliminary results of changed
[[Page 14433]]
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 metal safes.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable February 27, 2024.
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 January 16, 2024, SA Consumer Products
(SA) and Academy, Ltd. (doing business as Academy Sports + Outdoors)
(Academy), requested, through a CCR request, that Commerce amend the
scope of, and retroactively revoke the Orders, in part, pursuant to
section 751(b) of the Tariff Act of 1930, as amended (the Act), 19 CFR
351.216, and 19 CFR 351.221(c)(3)(ii).\2\ SA and Academy stated that
they qualify as importers of certain metal safes currently subject to
duties and, as such, are interested parties 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 SA and Academy's Letter, ``Request for an Expedited
Changed Circumstances Review to Amend the Scope of the Orders,''
dated January 16, 2024 (SA and Academy's CCR Request).
\3\ Id. at 2; see also Academy, Ltd.'s APO Supporting
Documents,'' dated February 7, 2024 at Attachment 1.
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On January 31, 2024, List Industries, Inc. (List) and Tennsco LLC
(Tennsco) (collectively, petitioners), the petitioners in the original
investigations leading to the Orders, filed comments in support of
amending the scope of the Orders to exclude certain metal safes as
defined in SA and Academy's proposed scope language.\4\ The petitioners
otherwise oppose any amendment to the safe exclusion beyond the
language proposed by SA and Academy.\5\ The Petitioners' Comments
include additional letters of support from the domestic industry,\6\
and furthermore, demonstrate that the existing support represents
substantially all of the production of the domestic like product.\7\
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\4\ See Petitioners' Letter, ``Response to Request for an
Expedited Changed Circumstances Review to Amend the Scope of the
Orders,'' dated January 31, 2024 (Petitioners' Comments) (citing SA
and Academy's CCR Request).
\5\ Id. (citing SA and Academy's CCR Request at 2).
\6\ See Petitioners' Comments at 3 and Attachment 1; see also
Petitioners' Letter, ``Petitioners' Response to First Supplemental
Questionnaire,'' dated February 7, 2024 (Petitioners' First
Supplemental Response).
\7\ See Petitioners' First Supplemental Response at 3 and
Attachment 1; and Petitioner's Letter, ``Petitioners' Submission of
Amended Domestic Industry Form,'' dated February 13, 2024.
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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 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 type key locks) lever or knob lock, electronic key pad, other
electronic or and a 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. If entered with a lock, the lock itself is not in-scope
merchandise. 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
[[Page 14434]]
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 of exchange lockers 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 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 Order, unless such attachments
are covered by the scope of the ongoing proceedings on certain tool
chests and cabinets from China. If the proceedings on certain tool
chests and cabinets from China are terminated, the mobile tool chest
attachments from China will be covered by the scope of this proceeding.
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
[[Page 14435]]
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 HTSUS
subheading 9403.90.8041. In addition, subject certain metal lockers may
also enter under HTSUS subheading 9403.20.0050. While HTSUS subheadings
are provided for convenience and Customs purposes, the written
description of the scope of this Order is dispositive.
Proposed Revocation of the Orders, in Part
SA and Academy requested that the Orders be revoked, in part, and
retroactively,\8\ with respect to certain metal safes, specifically
requesting that exclusion language be added to the scope, independent
from the existing metal safe exclusion to further exclude other metal
safes.\9\ Furthermore, SA and Academy requested that Commerce conduct
an expedited CCR.\10\ SA/Academy's CCR Request does not seek to amend
or replace the existing exclusion for metal safes,\11\ but instead
proposes that Commerce adopt new exclusion language to be added to the
scope of the Orders as follows: \12\
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\8\ See SA and Academy's CCR Request at 13 (requesting to apply
the revocation retroactively to December 1, 2021).
\9\ See SA and Academy's CCR Request at 10 and Exhibit 1
(showing examples of metal safe models that would be excluded if the
proposed scope amendment is adopted).
\10\ Id. at 10-11, 13-14 (citing 19 CFR 351.216(e)).
\11\ Id. at 10.
\12\ Id. at 11-12 (We note that SA and Academy request that the
proposed language be added between the existing metal safe and gun
safe exclusion language in the existing scope of the Orders.)
The scope also excludes metal safes with each of the following
characteristics:
(1) Pry resistant hinges, whether concealed or external.
External hinges must be accompanied by solid steel inactive bolts
(minimum 0.75 inch (19 mm) diameter) or plates (minimum 0.177 inch
(4.5 mm) thickness), welded or bolted to the door and protrude into
the safe and into or behind the door frame by at least 0.39 inches
(10 mm) to prevent the physical removal or opening of the door;
(2) body walls and doors made of steel that is at least 17 gauge
(0.05625 inch or 1.42874 mm thick);
(3) an integrated locking mechanism that includes one of the
following: (a) at least two round steel active bolts 0.75 inch (19
mm) or larger in diameter; (b) three or more steel active bolts 0.70
inch (17.78 mm) or more in diameter; (c) four or more steel active
bolts at least 0.60 inch (15.24 mm) or more in diameter; or (d) four
or more flat steel locking plates (at least two active and two
inactive) of a minimum of 0.177 inch (4.5 mm) in thickness and
minimum height of 1.57 inches (40 mm), that extend out from the door
by at least 0.78 inches (20 mm). The bolts or plates must project
from the door, into the safe, and into or behind the door frame by
at least 0.39 inches (10 mm) to prevent the physical removal or
opening of the door; and
(4) made of a welded body construction and enter the United
States fully assembled.
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)(1) 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 SA and Academy, along with substantially all
of the domestic industry's support, shows changed circumstances
sufficient to warrant a review 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
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.\13\
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\13\ 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 CVD investigation of metal lockers from China
published on July 7, 2021.\14\ 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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\14\ 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 CCRs 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.\15\ In this instance, because
[[Page 14436]]
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.\16\
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\15\ 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).
\16\ 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.\17\ 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.\18\
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\17\ See section 782(h) of the Act; and 19 CFR 351.222(g).
\18\ 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 SA and Academy's CCR Request, which includes support from the
original petitioners and other domestic locker producers.\19\
Substantially all of the domestic industry supports the request for the
CCRs, or the addition of the specific exclusion language proposed by SA
and Academy.\20\ Furthermore, substantially all the domestic industry
supported the application of the proposed exclusion language with
retroactivity to December 1, 2021.\21\
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\19\ See Petitioners' Comments at 2-3 (citing Attachment 1); see
also Petitioners' First Supplemental Response at 3 and Attachment 1.
\20\ See Petitioners' Comments at 2 and Exhibit 1.
\21\ See Id. at Attachment 1; see also Petitioners' First
Supplemental Response at 3 and Attachment 1.
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In addition to attestations of support from substantially all the
domestic industry,\22\ List and Tennsco state their support, explaining
``that the scope of the order may be changed to add the new proposed
safe exclusion language offered by SA and Academy to the scope,'' \23\
further stating that they support ``the new metal safe scope exclusion
retroactive to December 1, 2021.'' \24\ In addition, in the
Petitioners' Comments, the petitioners explain that they support the
proposed metal safe exclusion language in addition to the existing
metal safe exclusion, and not instead of it.\25\ The petitioners
request that SA and Academy's proposed exclusion language be inserted
to the existing scope after the current metal safe exclusion, and
before the existing gun safe exclusion language.\26\
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\22\ See Petitioners' Comments at Attachment 1; see also
Petitioners' First Supplemental Response.
\23\ See Petitioners' Comments at 2.
\24\ Id.
\25\ Id.
\26\ Id.
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In light of the domestic producers' statements of support of
modifying the Orders, in part, with respect to the addition of
exclusion language for certain metal safes as described by SA and
Academy, 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 metal safes that are the subject of SA and Academy's new
proposed safe exclusion language. Thus, we preliminarily determine that
changed circumstances warrant revocation of the Orders, in part, with
respect to such metal safes as described in SA and Academy's new
proposed exclusion language, with retroactivity of the revocation back
to December 1, 2021. Accordingly, we are notifying the public of our
intent to revoke the Orders, in part, with respect to certain metal
safes described in the ``Proposed Revocation of the Orders, in Part''
section above, with retroactivity of the revocation applying back to
December 1, 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.\27\ Rebuttal briefs, limited to issues raised in the
case briefs, may be filed no later than five days after the due date
for case briefs.\28\
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\27\ Commerce is exercising its discretion under 19 CFR
351.309(c)(1)(ii) to alter the time limit for the filing of case
briefs.
\28\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this CCR, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\29\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
summaries included in the issues and decision memorandum that will
accompany the final results in this CCR. We request that interested
parties include footnotes for relevant citations in the executive
summary of each issue. Note that Commerce has amended certain of its
requirements pertaining to the service of documents in 19 CFR
351.303(f).\30\ An electronically filed document must be received
successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the
day on which it is due.
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\29\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\30\ See APO and Service Final Rule.
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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.\31\ 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
[[Page 14437]]
presentations at the hearing will be limited to issues raised in the
briefs.\32\ 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.
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\31\ Commerce is exercising its discretion under 19 CFR
351.310(c) to alter the time limit for requesting a hearing.
\32\ See 19 CFR 351.310(c)
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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 and preliminary results are published in
accordance with section 751(b)(1) of the Act, 19 CFR 351.221(b)(1) and
19 CFR 351.221(c)(3)(ii).
Dated: February 20, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the 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, 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
[[Page 14438]]
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 metal safes with each of the following
characteristics:
(1) Pry resistant hinges, whether concealed or external.
External hinges must be accompanied by solid steel inactive bolts
(minimum 0.75 inch (19 mm) diameter) or plates (minimum 0.177 inch
(4.5 mm) thickness), welded or bolted to the door and protrude into
the safe and into or behind the door frame by at least 0.39 inches
(10 mm) to prevent the physical removal or opening of the door;
(2) body walls and doors made of steel that is at least 17 gauge
(0.05625 inch or 1.42874 mm thick);
(3) an integrated locking mechanism that includes one of the
following: (a) at least two round steel active bolts 0.75 inch (19
mm) or larger in diameter; (b) three or more steel active bolts 0.70
inch (17.78 mm) or more in diameter; (c) four or more steel active
bolts at least 0.60 inch (15.24 mm) or more in diameter; or (d) four
or more flat steel locking plates (at least two active and two
inactive) of a minimum of 0.177 inch (4.5 mm) in thickness and
minimum height of 1.57 inches (40 mm), that extend out from the door
by at least 0.78 inches (20 mm). The bolts or plates must project
from the door, into the safe, and into or behind the door frame by
at least 0.39 inches (10 mm) to prevent the physical removal or
opening of the door; and
(4) made of a welded body construction and enter the United
States fully assembled.
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. 2024-03945 Filed 2-26-24; 8:45 am]
BILLING CODE 3510-DS-P