[Federal Register Volume 89, Number 77 (Friday, April 19, 2024)]
[Notices]
[Pages 28741-28743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08372]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-871]


Boltless Steel Shelving Units Prepackaged for Sale From Taiwan: 
Final Affirmative 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 Taiwan are being, or are 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: Joy Zhang, 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) 482-1168.

SUPPLEMENTARY INFORMATION:

Background

    On November 29, 2023, Commerce published in the Federal Register 
its preliminary affirmative determination in this investigation, in 
which we also postponed the final determination until April 12, 
2024.\1\ We invited parties to comment on the Preliminary 
Determination.
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    \1\ See Boltless Steel Shelving Units Prepackaged for Sales from 
Taiwan: Preliminary Affirmative Determination of Sales at Less Than 
Fair Value, Postponement of Final Determination, and Extension of 
Provisional Measures, 88 FR 83382 (November 29, 2023) (Preliminary 
Determination), and accompanying Preliminary Decision Memorandum 
(PDM).
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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, ``Decision Memorandum for the Final 
Affirmative Determination in the Less Than Fair Value Investigation 
of Boltless Steel Shelving Prepackaged for Sales from Taiwan,'' 
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 Taiwan. 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\ 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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    \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).
    \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 relied upon in 
making its final determination in this investigation, in accordance 
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, U.S. sales, and cost of production responses submitted by 
Taiwan Shin Yeh Enterprise Co., Ltd (Shin Yeh).\5\
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    \5\ See Memoranda, ``Verification of the Sales Response of Shin 
Yeh in the Antidumping Investigation of Boltless Steel Shelving 
Units Prepackaged for Sale from Taiwan,'' dated February 29, 2024 ; 
and ``Verification of the Cost Response of Taiwan Shin Yeh 
Enterprise Co., Ltd. in the Antidumping Duty Investigation of 
Boltless Steel Shelving Units Prepackaged for Sale from Taiwan,'' 
dated March 8, 2024.
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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 addressed in the Issues 
and Decision Memorandum. A list of the issues addressed in the Issues 
and Decision Memorandum is attached to this notice as Appendix II.

Changes Since the Preliminary Determination

    We are incorporating Shin Yeh's revised home market and U.S. sales 
database submitted on January 31, 2024, which reflects changes from 
minor corrections Shin Yeh submitted at verification.\6\ We also have 
adjusted Shin Yeh's reported costs.\7\ These minor corrections and cost 
adjustments resulted in a change to the estimated weighted-average 
dumping margin calculated for Shin Yeh from the Preliminary 
Determination.\8\
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    \6\ See Shin Yeh's Letter, ``Shin Yeh Response to Request for 
Revised Sales Data,'' dated January 31, 2024.
    \7\ See Memorandum, ``Cost of Production and Constructed Value 
Calculation Adjustments for the Final Determination--Taiwan Shin Yeh 
Enterprise Co., Ltd.,'' dated concurrently with this memorandum 
(Final Cost Calculation Memorandum).
    \8\ Id., see also Memorandum, ``Final Determination Analysis 
Memorandum for Shin Yeh,'' dated concurrently with this memorandum; 
dated concurrently with this memorandum (Final Sales Calculation 
Memorandum).
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Use of Adverse Facts Available (AFA)

    As discussed in the Preliminary Determination, Commerce assigned to 
a mandatory respondent in this investigation, Jin Yi Sheng Industrial 
Co., Ltd. (Jin Yi Sheng) an estimated weighted-average dumping margins 
on the basis of adverse facts available (AFA), pursuant to sections 
776(a) and (b) of the Act.\9\ There is no new information on the record 
that would cause us to revisit our decision in the Preliminary 
Determination. Accordingly, for the reasons explained in the 
Preliminary Determination, and consistent with Commerce's practice, as 
AFA, we assigned Jin Yi Sheng the highest corroborated dumping margin 
alleged in the petition.\10\
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    \9\ See Preliminary Determination, 88 FR at 83383.
    \10\ See Preliminary Determination PDM at 7.
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All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated 
weighted-average dumping margin for all other

[[Page 28742]]

producers and exporters not individually investigated shall be equal to 
the weighted average of the estimated weighted-average dumping margins 
established for exporters and producers individually investigated 
excluding rates that are zero, de minimis, or determined entirely under 
section 776 of the Act.
    In this investigation, Commerce assigned a rate based entirely on 
facts available to Jin Yi Sheng. Therefore, the only rate that is not 
zero, de minimis or based entirely on facts otherwise available is the 
rate calculated for Shin Yeh. Consequently, the rate calculated for 
Shin Yeh is also assigned as the rate for all other producers and 
exporters.

Final Determination

    Commerce determines that the following estimated weighted-average 
dumping margins exist for the POI:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Exporter/producer                     dumping margin
                                                             (percent)
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Taiwan Shin Yeh Enterprise Co., Ltd.....................            8.09
Jin Yi Sheng Industrial Co., Ltd........................         * 78.12
All Others..............................................            8.09
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* Rate based on AFA.

Disclosure

    Commerce intends to disclose its calculations performed in 
connection with 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).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, Commerce will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of subject merchandise as described in Appendix I 
of this notice, which were entered, or withdrawn from warehouse, for 
consumption, on or after November 29, 2023, the date of publication of 
the Preliminary Determination in the Federal Register.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), upon the publication of this notice, we will instruct CBP 
to require a cash deposit for estimated antidumping duties for such 
entries as follows: (1) the cash deposit rate for each respondent 
listed in the table above is the company-specific estimated weighted-
average dumping margin listed for the respondent in the table; (2) if 
the exporter is not the respondent listed in the table above, but the 
producer is, then the cash deposit rate is the company-specific 
estimated weighted-average dumping margin listed for the producer of 
the subject merchandise in the table above; and (3) the cash deposit 
rate for all other producers and exporters is the all-others estimated 
weighted-average dumping margin listed in the table above.
    These suspension of liquidation instructions will remain in effect 
until further notice.

U.S. International Trade Commission Notification

    In accordance with section 735(d) of the Act, Commerce will notify 
the U.S. International Trade Commission (ITC) of its final affirmative 
determination of sales at LTFV. Because Commerce's final determination 
is affirmative, in accordance with section 735(b)(2) of the Act, the 
ITC will make its final determination as to whether the domestic 
industry in the United States is materially injured, or threatened with 
material injury, by reason of imports or sales (or the likelihood of 
sales) for importation of tin mill products no later than 45 days after 
this final determination. If the ITC determines that such injury does 
not exist, this proceeding will be terminated, all cash deposits posted 
will be refunded, and suspension of liquidation will be lifted. If the 
ITC determines that such injury does exist, Commerce will issue an 
antidumping duty order directing CBP to assess, upon further 
instruction by Commerce, antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation, as discussed in the ``Continuation of Suspension of 
Liquidation'' section above.

Administrative Protective Order

    This notice serves as the only 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 determination and this notice are 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 this 
investigation 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, 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

[[Page 28743]]

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 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. Period of Investigation
IV. Changes Since the Preliminary Determination
V. Discussion of the Issues
    Comment 1: Shin Yeh's Proposed Minor Corrections Related to 
Credit Expenses
    Comment 2: Whether to Treat ``Bolted'' Shelving Units as 
``Welded'' Racks for CONNUM Purposes
    Comment 3: Whether to Revise Shin Yeh's Costs
    Comment 4: Calculation Programming Issues
VI. Recommendation

[FR Doc. 2024-08372 Filed 4-18-24; 8:45 am]
BILLING CODE 3510-DS-P