[Federal Register Volume 89, Number 111 (Friday, June 7, 2024)]
[Notices]
[Pages 48555-48558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12566]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-824, A-583-871, A-549-846, A-552-835]


Boltless Steel Shelving Units Prepackaged for Sale From Malaysia, 
Taiwan, Thailand, and the Socialist Republic of Vietnam: Amended Final 
Affirmative Antidumping Duty Determination for Taiwan and Antidumping 
Duty Orders

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

SUMMARY: Based on affirmative final determinations by the U.S. 
Department of Commerce (Commerce) and the U.S. International Trade 
Commission (ITC), Commerce is issuing antidumping duty orders on 
boltless steel shelving units prepackaged for sale (boltless steel 
shelving) from India, Malaysia, Taiwan, Thailand, and the Socialist 
Republic of Vietnam (Vietnam). In addition, Commerce is amending its 
final determination with respect to boltless steel shelving from Taiwan 
to correct a ministerial error.

DATES: Applicable June 7, 2024.

FOR FURTHER INFORMATION CONTACT: Samuel Frost (Malaysia), Joy Zhang 
(Taiwan), Fred Baker (Thailand), and Eliza DeLong or Eric Hawkins 
(Vietnam), AD/CVD Operations, Offices III, V, and VI, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 
(202) 482-8180, (202) 482-1168, (202) 482-2924, and (202) 482-3878 or 
(202) 482-1988, respectively.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 735(d) and 777(i) of the Tariff Act of 
1930, as amended (the Act), on April 19, 2024, Commerce published its 
affirmative final determinations in the less-than-fair-value (LTFV) 
investigations of boltless steel shelving from Malaysia, Taiwan, 
Thailand, and Vietnam.\1\ In the investigation of boltless steel 
shelving from Taiwan, respondent Taiwan Shin Yeh Enterprise Co., Ltd. 
(Shin Yeh), submitted a timely allegation that Commerce made a 
ministerial error in the final determination.\2\ We reviewed the 
allegation and determined that we had made a ministerial error in the 
final determination on boltless steel shelving from Taiwan. As a 
result, we are amending the final determination for Taiwan. See 
``Amendment to the Final Determination for Taiwan'' section below for 
further discussion.
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    \1\ See Boltless Steel Shelving Units Prepackaged for Sale from 
Malaysia: Final Affirmative Determination of Sales at Less-Than-Fair 
Value, 89 FR 28736 (April 19, 2024); Boltless Steel Shelving Units 
Prepackaged for Sale from Taiwan: Final Affirmative Determination of 
Sales at Less Than Fair Value, 89 FR 28741 (April 19, 2024) (Taiwan 
Final Determination); Boltless Steel Shelving Units Prepackaged for 
Sale from Thailand: Final Affirmative Determination of Sales at Less 
Than Fair Value, 89 FR 28738 (April 19, 2024); Boltless Steel 
Shelving Units Prepackaged for Sale from the Socialist Republic of 
Vietnam: Final Affirmative Determination of Sales at Less-Than-Fair-
Value, 89 FR 28743 (April 19, 2024).
    \2\ See Shin Yeh's Letter, ``Shin Yeh Request for Correction of 
Ministerial Error,'' dated April 16, 2024 (Ministerial Error 
Allegation).
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    On June 3, 2024, the ITC notified Commerce of its final 
determinations, pursuant to section 735(d) of the Act, that an industry 
in the United States is materially injured within the meaning of 
section 735(b)(1)(A)(i) of the Act by reason of LTFV imports of 
boltless steel shelving from Malaysia, Taiwan, Thailand, and 
Vietnam.\3\
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    \3\ See ITC's Letter, Investigation No. 731-TA-1608-1611 
(Final), dated June 3, 2024.
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Scope of the Orders

    The products covered by these orders are boltless steel shelving 
from Malaysia, Taiwan, Thailand, and Vietnam. For a complete 
description of the scope of these orders, see the appendix to this 
notice.

Amended Final Determination for Taiwan

    On April 16, 2024, Shin Yeh timely alleged that Commerce had made a 
ministerial error in the Taiwan Final Determination with respect to the 
calculation of the dumping margin assigned to Shin Yeh.\4\ Edsal 
Manufacturing Co., Ltd. (the petitioner) submitted rebuttal comments to 
Shin Yeh's allegation on April 22, 2024.\5\ No other party made an 
allegation of ministerial errors. Commerce reviewed the record and, on 
May 9, 2024, agreed that the error alleged by Shin Yeh constituted a 
ministerial error within the meaning of section 735(e) of the Act and 
19 CFR 351.224(f).\6\ Specifically, Commerce found that it had failed 
to make a correction to the commission offset variable in the margin 
program that it had made in the comparison-

[[Page 48556]]

market program.\7\ Pursuant to 19 CFR 351.224(e), Commerce is amending 
the Taiwan Final Determination to reflect the correction of the 
ministerial error, as described in the Ministerial Error Memorandum.\8\ 
Based on the correction, Shin Yeh's final dumping margin changed from 
8.09 to 7.03 percent. As a result, we are also revising the all-others 
rate for Taiwan from 8.09 to 7.03 percent. The amended estimated 
weighted-average dumping margins for Taiwan are listed in the 
``Estimated Weighted-Average Dumping Margins'' section below.
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    \4\ See Ministerial Error Allegation.
    \5\ See Petitioner's Letter, ``Response to Shin Yeh's 
Ministerial Error Allegation,'' dated April 22, 2024.
    \6\ See Memorandum, ``Less-Than-Fair-Value Investigation of 
Boltless Steel Shelving Units Prepackaged for Sale from Taiwan: 
Allegation of Ministerial Error in the Final Determination,'' dated 
May 9, 2024 (Ministerial Error Memorandum).
    \7\ See Memorandum, ``Amended Final Determination Analysis 
Memorandum for Shin Yeh,'' dated May 9, 2024.
    \8\ Id.
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Antidumping Duty Orders

    On June 3, 2024, in accordance with section 735(d) of the Act, the 
ITC notified Commerce of its final determinations in these 
investigations, in which it found that an industry in the United States 
is materially injured by reason of imports of boltless steel shelving 
from Malaysia, Taiwan, Thailand, and Vietnam. Therefore, in accordance 
with section 735(c)(2) of the Act, Commerce is issuing these 
antidumping orders. Because the ITC determined that imports of boltless 
steel shelving from Malaysia, Taiwan, Thailand, and Vietnam are 
materially injuring a U.S. industry, unliquidated entries of such 
merchandise from Malaysia, Taiwan, Thailand, and Vietnam entered or 
withdrawn from warehouse for consumption, are subject to the assessment 
of antidumping duties.
    Therefore, in accordance with section 736(a)(1) of the Act, 
Commerce will direct U.S. Customs and Border Protection (CBP) to 
assess, upon further instruction by Commerce, antidumping duty deposits 
equal to the amount by which the normal value of the merchandise 
exceeds the export price (or constructed export price) of the 
merchandise, for all relevant entries of boltless steel shelving from 
Malaysia, Taiwan, Thailand, and Vietnam. With the exception of entries 
occurring after the expiration of the provisional measures period and 
before publication of the ITC's final affirmative injury 
determinations, as further described below, antidumping duties will be 
assessed on unliquidated entries of boltless steel shelving from 
Malaysia, Taiwan, Thailand, and Vietnam, entered, or withdrawn from 
warehouse, for consumption, on or after November 29, 2023, the date of 
publication of the Preliminary Determinations.\9\
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    \9\ See Boltless Steel Shelving Units Prepackaged for Sale from 
Malaysia: Preliminary Affirmative Determination of Sales at Less 
Than Fair Value, Postponement of Final Determination, and Extension 
of Provisional Measures, 88 FR 83386 (November 29, 2023); Boltless 
Steel Shelving Units Prepackaged for Sale 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); Boltless Steel Shelving 
Units Prepackaged for Sale from Thailand: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Postponement of 
Final Determination, and Extension of Provisional Measures, 88 FR 
83389 (November 29, 2023); Boltless Steel Shelving Units Prepackaged 
for Sale from the Socialist Republic of Vietnam: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination, and Extension of Provisional 
Measures, 88 FR 83392 (November 29, 2023) (collectively, Preliminary 
Determinations). See also Boltless Steel Shelving Units Prepackaged 
for Sale from Thailand: Amended Preliminary Determination of Sales 
at Less-Than-Fair-Value, 89 FR 62 (January 2, 2024) and Boltless 
Steel Shelving Units Prepackaged for Sale from Thailand: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value and 
Amended Preliminary Determination of Sales at Less Than Fair Value; 
Correction, 89 FR 4591 (January 24, 2024).
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Continuation of Suspension of Liquidation and Cash Deposits

    Except as noted in the ``Provisional Measures'' section of this 
notice, in accordance with section 735(c)(1)(B) of the Act, Commerce 
will instruct CBP to continue to suspend liquidation on all relevant 
entries of boltless steel shelving from Malaysia, Taiwan, Thailand, and 
Vietnam. These instructions suspending liquidation will remain in 
effect until further notice.
    Commerce will also instruct CBP to require cash deposits equal to 
the estimated weighted-average dumping margins indicated in the tables 
below. Accordingly, effective on the date of publication in the Federal 
Register of the notice of the ITC's final affirmative injury 
determinations, CBP will require, at the same time as importers would 
normally deposit estimated duties on subject merchandise, a cash 
deposit equal to the rates listed in the table below. The all-others 
rate applies to all producers or exporters not specifically listed, as 
appropriate.
    With respect to the order on Thailand, as indicated below, the 
estimated antidumping duty margin for Siam Metal Tech Co., Ltd. (Siam 
Metal) as the producer and exporter is zero. Therefore, entries of 
subject merchandise that are produced and exported by Siam Metal will 
not be subject to this order. Accordingly, Commerce will direct CBP not 
to suspend liquidation of, or to require cash deposits of estimated 
antidumping duties on, entries of subject merchandise produced and 
exported by Siam Metal. Therefore, in accordance with section 735(a)(4) 
of the Act and 19 CFR 351.204(e)(1), entries of subject merchandise 
from this producer/exporter combination will be excluded from the 
order. However, entries of subject merchandise from this company in any 
other producer/exporter combination, or by third parties that sourced 
subject merchandise from the excluded producer/exporter combination, 
will be subject to suspension of liquidation and cash deposits of 
estimated antidumping duties at the all-others rate.

Estimated Weighted-Average Dumping Margins

    The estimated weighted-average dumping margins are as follows:

                                Malaysia
------------------------------------------------------------------------
                                                              Dumping
                    Exporter/producer                         margins
                                                             (percent)
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Eonmetall Industries Sdn. Bhd...........................         * 81.12
Nanjing Chervon Industry Co., Ltd.......................         * 81.12
Wuxi Bote Electrical Apparatus Co., Ltd.................         * 81.12
All Others..............................................           58.29
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* Rate based on facts available with adverse inferences.


[[Page 48557]]


                                 Taiwan
------------------------------------------------------------------------
                                                              Dumping
                    Exporter/producer                         margins
                                                             (percent)
------------------------------------------------------------------------
Taiwan Shin Yeh Enterprise Co., Ltd.....................            7.03
Jin Yi Sheng Industrial Co., Ltd........................         * 78.12
All Others..............................................            7.03
------------------------------------------------------------------------
* Rate based on facts available with adverse inferences.


                                Thailand
------------------------------------------------------------------------
                                                              Dumping
                    Exporter/producer                         margins
                                                             (percent)
------------------------------------------------------------------------
Bangkok Sheet Metal Public Co., Ltd.....................            2.75
Siam Metal Tech Co., Ltd................................            0.00
All Others..............................................            2.75
------------------------------------------------------------------------


                                 Vietnam
------------------------------------------------------------------------
                                                              Dumping
             Exporter                     Producer            margins
                                                             (percent)
------------------------------------------------------------------------
Xinguang (Vietnam) Logistic         Xinguang (Vietnam)            181.60
 Equipment Co., Ltd.                 Logistic Equipment
                                     Co., Ltd.
Vietnam-Wide Entity...............                              * 224.94
------------------------------------------------------------------------
* Rate based on facts available with adverse inferences.

Provisional Measures

    Section 733(d) of the Act states that suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
that Commerce extend the four-month period to no more than six months. 
At the request of exporters that account for a significant proportion 
of boltless steel shelving from Malaysia, Taiwan, Thailand, and 
Vietnam, Commerce extended the four-month period to six months in each 
of these investigations. Commerce published the Preliminary 
Determinations on November 29, 2023.\10\
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    \10\ Id.
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    The extended provisional measures period, beginning on the date of 
publication of the Preliminary Determinations, ended on May 26, 2024. 
Therefore, in accordance with section 733(d) of the Act and our 
practice,\11\ Commerce will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of boltless steel shelving from Malaysia, Taiwan, 
Thailand, and Vietnam entered or withdrawn from warehouse, for 
consumption after May 26, 2024, the final day on which the provisional 
measures were in effect, until and through the day preceding the date 
of publication of the ITC's final affirmative injury determinations in 
the Federal Register. Suspension of liquidation and the collection of 
cash deposits will resume on the date of publication of the ITC's final 
determinations in the Federal Register.
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    \11\ See, e.g., Certain Corrosion-Resistant Steel Products from 
India, India, the People's Republic of China, the Republic of Korea 
and Taiwan: Amended Final Affirmative Antidumping Determination for 
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390, 48392 
(July 25, 2016).
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Establishment of the Annual Inquiry Service Lists

    On September 20, 2021, Commerce published the final rule titled 
``Regulations to Improve Administration and Enforcement of Antidumping 
and Countervailing Duty Laws'' in the Federal Register.\12\ On 
September 27, 2021, Commerce also published the notice titled ``Scope 
Ruling Application; Annual Inquiry Service List; and Informational 
Sessions'' in the Federal Register.\13\ The Final Rule and Procedural 
Guidance provide that Commerce will maintain an annual inquiry service 
list for each order or suspended investigation, and any interested 
party submitting a scope ruling application or request for 
circumvention inquiry shall serve a copy of the application or request 
on the persons on the annual inquiry service list for that order, as 
well as any companion order covering the same merchandise from the same 
country of origin.\14\
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    \12\ See Regulations to Improve Administration and Enforcement 
of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 
20, 2021) (Final Rule).
    \13\ See Scope Ruling Application; Annual Inquiry Service List; 
and Informational Sessions, 86 FR 53205 (September 27, 2021) 
(Procedural Guidance).
    \14\ Id.
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    In accordance with the Procedural Guidance, for orders published in 
the Federal Register after November 4, 2021, Commerce will create an 
annual inquiry service list segment in Commerce's online e-filing and 
document management system, Antidumping and Countervailing Duty 
Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the 
notice of the order. Each annual inquiry service list will be saved in 
ACCESS, under each case number, and under a specific segment type 
called ``AISL-Annual Inquiry Service List.'' \15\
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    \15\ This segment will be combined with the ACCESS Segment 
Specific Information (SSI) field, which will display the month in 
which the notice of the order or suspended investigation was 
published in the Federal Register, also known as the anniversary 
month. For example, for an order under case number A-000-000 that 
published in the Federal Register in January, the relevant segment 
and SSI combination will appear in ACCESS as ``AISL-January 
Anniversary.'' Note that there will be only one annual inquiry 
service list segment per case number, and the anniversary month will 
be pre-populated in ACCESS.

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[[Page 48558]]

    Interested parties who wish to be added to the annual inquiry 
service list for an order must submit an entry of appearance to the 
annual inquiry service list segment for the order in ACCESS within 30 
days after the date of publication of the order. For ease of 
administration, Commerce requests that law firms with more than one 
attorney representing interested parties in an order designate a lead 
attorney to be included on the annual inquiry service list. Commerce 
will finalize the annual inquiry service list within five business days 
thereafter. As mentioned in the Procedural Guidance,\16\ the new annual 
inquiry service list will be in place until the following year, when 
the Opportunity Notice for the anniversary month of the order is 
published.
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    \16\ See Procedural Guidance, 86 FR at 53206.
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    Commerce may update an annual inquiry service list at any time as 
needed based on interested parties' amendments to their entries of 
appearance to remove or otherwise modify their list of members and 
representatives, or to update contact information. Changes or 
announcements pertaining to these procedures will be posted to the 
ACCESS website at https://access.trade.gov.

Special Instructions for Petitioners and Foreign Governments

    In the Final Rule, Commerce stated that, ``after an initial request 
and placement on the annual inquiry service list, both petitioners and 
foreign governments will automatically be placed on the annual inquiry 
service list in the years that follow.'' \17\ Accordingly, as stated 
above, the petitioners and foreign governments should submit their 
initial entry of appearance after publication of this notice in order 
to appear in the first annual inquiry service list. Pursuant to 19 CFR 
351.225(n)(3), the petitioners and foreign governments will not need to 
resubmit their entries of appearance each year to continue to be 
included on the annual inquiry service list. However, the petitioners 
and foreign governments are responsible for making amendments to their 
entries of appearance during the annual update to the annual inquiry 
service list in accordance with the procedures described above.
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    \17\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties

    This notice constitutes the antidumping duty orders with respect to 
boltless steel shelving from Malaysia, Taiwan, Thailand, and Vietnam 
pursuant to section 736(a) of the Act. Interested parties can find a 
list of antidumping duty orders currently in effect at https://www.trade.gov/data-visualization/adcvd-proceedings.
    The amended Taiwan final determination and these antidumping duty 
orders are published in accordance with sections 735(e) and 736(a) of 
the Act and 19 CFR 351.224(e) and 19 CFR 351.211(b).

    Dated: June 3, 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

Scope of the Orders

    The scope of these orders 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 
orders 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 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 these orders is dispositive.

[FR Doc. 2024-12566 Filed 6-6-24; 8:45 am]
BILLING CODE 3510-DS-P