[Federal Register Volume 89, Number 77 (Friday, April 19, 2024)]
[Notices]
[Pages 28746-28748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08371]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-914]


Boltless Steel Shelving Units Prepackaged for Sale From India: 
Final Negative Determination of Sales at Less Than Fair Value

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
boltless steel shelving units prepackaged for sale (boltless steel 
shelving) from India are not being, or are not likely to be, sold in 
the United States at less than fair value (LTFV). The period of 
investigation is April 1, 2022, through March 31, 2023.

DATES: Applicable April 19, 2024.

FOR FURTHER INFORMATION CONTACT: Andrew Huston, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4261.

SUPPLEMENTARY INFORMATION:

Background

    On November 29, 2023, Commerce published in the Federal Register 
its preliminary negative determination in this investigation, in which 
we also postponed the final determination until April 12, 2024.\1\ We 
invited parties to comments on the Preliminary Determination.
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    \1\ See Boltless Steel Shelving Units Prepackaged for Sale from 
India: Preliminary Negative Determination of Sales at Less Than Fair 
Value and Postponement of Final Determination, 88 FR 83395 (November 
29, 2023) (Preliminary Determination), and accompanying Preliminary 
Decision Memorandum.
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    A summary of the events that occurred since Commerce published the 
Preliminary Determination, as well as a full discussion of the issues 
raised by parties for this final determination, may be found in the 
Issues and Decision Memorandum.\2\ The Issues and Decision Memorandum 
is a public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov. In addition, a complete version of the Issues 
and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Negative Determination in the Less-Than-Fair-Value 
Investigation of Boltless Steel Shelving Units Prepackaged for Sale 
from India,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
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Scope of the Investigation

    The product covered by this investigation is boltless steel 
shelving from India. For a complete description of the scope of this 
investigation, see Appendix I.

Scope Comments

    During the course of this investigation, Commerce received scope 
comments from interested parties. Commerce issued a Preliminary Scope 
Decision Memorandum to address these comments and set aside a period of 
time for parties to address scope issues in scope-specific case and 
rebuttal briefs.\3\
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    \3\ See Memorandum, ``Antidumping Duty Investigations of 
Boltless Steel Shelving Units Prepackaged for Sale from India, 
Malaysia, Taiwan, Thailand, and the Socialist Republic of Vietnam: 
Preliminary Scope Decision Memorandum,'' dated November 13, 2023 
(Preliminary Scope Decision Memorandum).

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[[Page 28747]]

We received comments from interested parties on the Preliminary Scope 
Decision Memorandum, which we addressed in the Final Scope Decision 
Memorandum.\4\ We did not make any changes to the scope of the 
investigation from the scope published in the Preliminary 
Determination.
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    \4\ See Memorandum, ``Antidumping Duty Investigation of Boltless 
Steel Shelving Units Prepackaged for Sale from Malaysia, Taiwan, 
Thailand, and the Socialist Republic of Vietnam: Final Scope 
Decision Memorandum,'' dated April 12, 2024 (Final Scope Decision 
Memorandum).
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Verification

    Commerce verified the sales and cost information submitted by 
Triune Technofab Private Limited (Triune) for use in our final 
determination, consistent with section 782(i) of the Tariff Act of 
1930, as amended (the Act). Specifically, Commerce conducted on-site 
verifications of the home market sales and cost of production responses 
submitted by Triune. We used standard verification procedures, 
including an examination of relevant sales and accounting records, and 
original source documents provided by Triune.\5\
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    \5\ See Memoranda, ``Verification of Cost Response of Triune 
Technofab Private Limited in the Antidumping Investigation of 
Boltless Steel Shelving from India,'' dated February 28, 2024; and 
``Verification of Sales Responses of Triune Technofab Private 
Limited in the Antidumping Investigation of Boltless Steel Shelving 
from India,'' dated January 25, 2024 (Sales Verification Report).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs submitted by 
interested parties in this investigation are discussed in the Issues 
and Decision Memorandum. A list of the issues raised is attached to 
this notice as Appendix II.

Changes Since the Preliminary Determination

    We are incorporating Triune's revised U.S. sales database submitted 
on January 9, 2024, which reflects changes from minor corrections 
Triune submitted at verification.\6\ For additional details, see the 
Final Analysis Memorandum.\7\
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    \6\ See Sales Verification Report at 2.
    \7\ See Memorandum, ``Triune Technofab Private Limited Final 
Determination Analysis,'' dated concurrently with this notice (Final 
Analysis Memorandum).
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Final Determination

    The final estimated weighted-average dumping margin is as follows:

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
                    Exporter/producer                         average
                                                          dumping margin
                                                             (percent)
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Triune Technofab Private Limited........................            0.00
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    Commerce determines that Triune, the only individually examined 
respondent, has not made sales of subject merchandise at LTFV. 
Accordingly, Commerce has not calculated an estimated weighted-average 
dumping margin for all other producers and exporters pursuant to 
sections 735(c)(1)(B) and (c)(5) of the Act because it has not made an 
affirmative determination of sales at LTFV.

Disclosure

    Commerce intends to disclose its calculations performed to 
interested parties in this final determination within five days of any 
public announcement or, if there is no public announcement, within five 
days of the date of publication of this notice in the Federal Register, 
in accordance with 19 CFR 351.224(b).

Suspension of Liquidation

    In the Preliminary Determination, the estimated weighted-average 
dumping margin for Triune was zero percent and, therefore, we did not 
suspend liquidation of entries of boltless steel shelving from 
India.\8\ Because Commerce has made a final negative determination of 
sales at LTFV with regard to the subject merchandise, Commerce will not 
direct U.S. Customs and Border Protection to suspend liquidation or to 
require a cash deposit of estimated antidumping duties for entries of 
boltless steel shelving from India.
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    \8\ See Preliminary Determination, 88 FR at 83396.
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U.S. International Trade Commission Notification

    In accordance with section 735(d) of the Act, Commerce will notify 
the U.S. International Trade Commission of its final negative 
determination of sales at LTFV. As our final determination is negative, 
this proceeding is terminated in accordance with section 735(c)(2) of 
the Act.

Administrative Protective Order

    This notice serves as the final reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the 
return or destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and the terms of an APO is a violation subject to sanction.

Notification to Interested Parties

    This final determination is issued and published in accordance with 
sections 735(d) and 777(i) of the Act, and 19 CFR 351.210(c).

    Dated: April 12, 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 I

Scope of the Investigation

    The scope of this investigation covers 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. 
The vertical and horizontal support members for boltless steel 
shelving are assembled by methods such as, but not limited to, 
fitting a rivet, punched or cut tab, or other similar connector on 
one support into a hole, slot or similar receptacle on another 
support. The supports lock together to form the frame for the 
shelving unit, and provide the structural integrity of the shelving 
unit separate from the inclusion of any decking. The incidental use 
of nuts and bolts, or screws to add accessories, wall anchors, tie-
bars or shelf supports does not remove the product from scope. 
Boltless steel shelving units may also come packaged as partially 
assembled, such as when two upright supports are welded together 
with front-to-back supports, or are otherwise connected, to form an 
end unit for the frame. The boltless steel shelving covered by these 
investigations may be commonly described as rivet shelving, welded 
frame shelving, slot and tab shelving, and punched rivet (quasi-
rivet) shelving as well as by other trade names. The term ``deck'' 
refers to the shelf that sits on or fits into the horizontal 
supports (beams or braces) to provide the horizontal storage surface 
of the shelving unit.
    The scope includes all boltless steel shelving meeting the 
description above,

[[Page 28748]]

regardless of: (1)Vertical support or post type (including but not 
limited to open post, closed post and tubing); (2) horizontal 
support or beam/brace profile (including but not limited to Z-beam, 
C-beam, L-beam, step beam and cargo rack); (3) number of supports; 
(4) surface coating (including but not limited to paint, epoxy, 
powder coating, zinc and other metallic coating); (5) number of 
levels; (6) weight capacity; (7) shape (including but not limited to 
rectangular, square, and corner units); (8) decking material 
(including but not limited to wire decking, particle board, 
laminated board or no deck at all); or (9) the boltless method by 
which vertical and horizontal supports connect (including but not 
limited to keyhole and rivet, slot and tab, welded frame, punched 
rivet and clip).
    Specifically excluded from the scope are:
     wall-mounted shelving, defined as shelving that is hung 
on the wall and does not stand on, or transfer load to, the floor. 
The addition of a wall bracket or other device to attach otherwise 
freestanding subject merchandise to a wall does not meet the terms 
of this exclusion;
     wire shelving units, which consist of shelves made from 
wire that incorporates both a wire deck and wire horizontal supports 
(taking the place of the horizontal beams and braces) into a single 
piece with tubular collars that slide over the posts and onto 
plastic sleeves snapped on the posts to create the finished shelving 
unit;
     bulk-packed parts or components of boltless steel 
shelving units; and
     made-to-order shelving systems.
    Subject boltless steel shelving enters the United States through 
Harmonized Tariff Schedule of the United States (HTSUS) statistical 
subheading 9403.20.0075. While the HTSUS subheading is provided for 
convenience and customs purposes, the written description of the 
scope of this investigation is dispositive.

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Changes Since the Preliminary Determination
V. Discussion of the Issues
    Comment 1: Calculation of Constructed Value (CV)
    Comment 2: Treatment of Bolted Shelving
VI. Recommendation

[FR Doc. 2024-08371 Filed 4-18-24; 8:45 am]
BILLING CODE 3510-DS-P