Notice2022-11103
Notice of Scope Ruling Applications Filed in Antidumping and Countervailing Duty Proceedings
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 24, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) received scope ruling applications, requesting that scope inquiries be conducted to determine whether identified products are covered by the scope of antidumping duty (AD) and/or countervailing duty (CVD) orders and that Commerce issue scope rulings pursuant to those inquiries. In accordance with Commerce's regulations, we are notifying the public of the filing of the scope ruling applications listed below in the month of April 2022.
Full Text
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<title>Federal Register, Volume 87 Issue 100 (Tuesday, May 24, 2022)</title>
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[Federal Register Volume 87, Number 100 (Tuesday, May 24, 2022)]
[Notices]
[Pages 31520-31521]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11103]
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DEPARTMENT OF COMMERCE
International Trade Administration
Notice of Scope Ruling Applications Filed in Antidumping and
Countervailing Duty Proceedings
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) received scope ruling
applications, requesting that scope inquiries be conducted to determine
whether identified products are covered by the scope of antidumping
duty (AD) and/or countervailing duty (CVD) orders and that Commerce
issue scope rulings pursuant to those inquiries. In accordance with
Commerce's regulations, we are notifying the public of the filing of
the scope ruling applications listed below in the month of April 2022.
DATES: Applicable May 24, 2022.
FOR FURTHER INFORMATION CONTACT: Brenda E. Brown, AD/CVD Operations,
Customs Liaison Unit, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, telephone: (202) 482-4735.
Notice of Scope Ruling Applications: In accordance with 19 CFR
351.225(d)(3), we are notifying the public of the following scope
ruling applications related to AD and CVD orders and findings filed in
or around the month of April 2022. This notification includes, for each
scope application: (1) Identification of the AD and/or CVD orders at
issue (19 CFR 351.225(c)(1)); (2) concise public descriptions of the
products at issue, including the physical characteristics (including
chemical, dimensional and technical characteristics) of the products
(19 CFR 351.225(c)(2)(ii)); (3) the countries where the products are
produced and the countries from where the products are exported (19 CFR
351.225(c)(2)(i)(B)); (4) the full names of the applicants; and (5) the
dates that the scope applications were filed with Commerce and the name
of the ACCESS scope segment where the scope applications can be
found.\1\ This notice does not include applications which have been
rejected and not properly resubmitted. The scope ruling applications
listed below are available on Commerce's online e-filing and document
management system, Antidumping and Countervailing Duty Electronic
Service System (ACCESS), at <a href="https://access.trade.gov">https://access.trade.gov</a>.
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\1\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300, 52316
(September 20, 2021) (Final Rule) (``It is our expectation that the
Federal Register list will include, where appropriate, for each
scope application the following data: (1) Identification of the AD
and/or CVD orders at issue; (2) a concise public summary of the
product's description, including the physical characteristics
(including chemical, dimensional and technical characteristics) of
the product; (3) the country(ies) where the product is produced and
the country from where the product is exported; (4) the full name of
the applicant; and (5) the date that the scope application was filed
with Commerce.'')
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Scope Ruling Applications
Wooden Cabinets and Vanities and Components Thereof (WCV) from the
People's Republic of China (China) (A-570-106; C-570-107); cabinet
organizers; \2\ produced in and exported from China; submitted by Rev-
A-Shelf Company, LLC (Rev-A-Shelf); April 12, 2022; ACCESS scope
segments ``Rev-A-Shelf Products.''
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\2\ The products subject to Rev-A-Shelf's request include four
drawers: Tall Drawers, Standard Drawers, Cutlery Drawers, and Maxx
Drawers (collectively referred to by Rev-A-Shelf as cabinet
organizers). The cabinet organizers are used to enhance cabinets by
providing additional organization and accessibility, after a
cabinet's sale to the ultimate consumer and are described as
follows: (1) The Tall Drawer, which comes in two sizes, is designed
to be mounted inside an open cabinet space. It can either be part of
a two-tier Pilaster System, or independently incorporated into a
cabinet through mounting slides on the cabinet floor; (2) the
Standard Drawer, which comes in seven sizes, is designed to be
mounted inside of an open cabinet space. It can either be paired
with the Tall Drawer to create a Pilaster System or can be
independently installed into the bottom of an empty cabinet space;
(3) the Cutlery Drawer, which comes in 16 sizes, is intended to
replace a standard cabinet drawer and is specially designed to
organize cutlery within carefully crafted and divided storage
spaces; and (4) the Maxx Drawer, which comes in one size, has five
built-in dividers and comes with 13 additional dividers and clips.
The cabinet organizers are manufactured in China and exported from
China. The products are classified under the Harmonized Tariff
Schedule of the United States (HTSUS) code 9403.91.0080.
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WCV from China (A-570-106; C-570-107); WCV produced in China and
further manufactured in Malaysia, exported from Malaysia; \3\ submitted
by the American Kitchen Cabinet Alliance (AKCA); April 22, 2022; ACCESS
scope segments ``From Malaysia.''
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\3\ The products subject to the AKCA's request are WCV that are
produced using cabinet components (i.e., frames, boxes, doors,
drawers, panels, and any attached or incorporated desks, shelves,
and tables), whether finished or unfinished, that are produced in
China and meet the description of merchandise that is subject to the
scope of the WCV Order, and undergo further processing (e.g.,
trimming, cutting, notching, punching, drilling, painting, staining,
finishing, assembly, repackaging, combining into a ``ready to
assemble'' WCV unit, etc.) in Malaysia before being exported from
Malaysia to the United States. Malaysia is the declared country of
origin. U.S. imports of Chinese-origin WCV and components thereof
from Malaysia are being imported into the United States under the
following HTSUS subheadings: 9403.40.9060, 9403.60.8081, and
9403.90.7080. The Chinese-origin WCV and components thereof imported
from Malaysia have the same uses as imports of subject merchandise
from China.
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WCV from China (A-570-106; C-570-107); WCV produced in China,
further manufactured in Vietnam, exported from Vietnam; \4\ submitted
by the AKCA; April 22, 2022; ACCESS scope segments ``From Vietnam.''
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\4\ The products subject to the AKCA's request are WCV that are
produced using cabinet components (i.e., frames, boxes, doors,
drawers, panels, and any attached or incorporated desks, shelves,
and tables), whether finished or unfinished, that are produced in
China and meet the description of merchandise that is subject to the
scope of the Order, and undergo further processing (e.g., trimming,
cutting, notching, punching, drilling, painting, staining,
finishing, assembly, repackaging, combining into a ``ready to
assemble'' WCV unit, etc.) in Vietnam before being exported from
Vietnam to the United States. Vietnam is the declared country of
origin. U.S. imports of Chinese-origin WCV and components thereof
from Vietnam are being imported into the United States under the
following HTSUS subheadings: 9403.40.9060, 9403.60.8081, and
9403.90.7080.5. The Chinese-origin WCV and components thereof
imported from Vietnam have the same uses as imports of subject
merchandise from China.
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Notification to Interested Parties
This list of scope ruling applications is not an identification of
scope inquiries that have been initiated. In accordance with 19 CFR
351.225(d)(1), if Commerce has not rejected a scope ruling application
nor initiated the scope inquiry within 30 days after the filing of the
application, the application will be deemed accepted and a scope
[[Page 31521]]
inquiry will be deemed initiated the following day--day 31.\5\
Commerce's practice generally dictates that where a deadline falls on a
weekend, Federal holiday, or other non-business day, the appropriate
deadline is the next business day.\6\ Accordingly, if the 30th day
after the filing of the application falls on a non-business day, the
next business day will be considered the ``updated'' 30th day, and if
the application is not rejected or a scope inquiry initiated by or on
that particular business day, the application will be deemed accepted
and a scope inquiry will be deemed initiated on the next business day
which follows the ``updated'' 30th day.\7\
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\5\ In accordance with 19 CFR 351.225(d)(2), within 30 days
after the filing of a scope ruling application, if Commerce
determines that it intends to address the scope issue raised in the
application in another segment of the proceeding (such as a
circumvention inquiry under 19 CFR 351.226 or a covered merchandise
inquiry under 19 CFR 351.227), it will notify the applicant that it
will not initiate a scope inquiry, but will instead determine if the
product is covered by the scope at issue in that alternative
segment.
\6\ See Notice of Clarification: Application of ``Next Business
Day'' Rule for Administrative Determination Deadlines Pursuant to
the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005).
\7\ This structure maintains the intent of the applicable
regulation, 19 CFR 351.225(d)(1), to allow day 30 and day 31 to be
separate business days.
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In accordance with 19 CFR 351.225(m)(2), if there are companion AD
and CVD orders covering the same merchandise from the same country of
origin, the scope inquiry will be conducted on the record of the AD
proceeding. Further, please note that pursuant to 19 CFR 351.225(m)(1),
Commerce may either apply a scope ruling to all products from the same
country with the same relevant physical characteristics, (including
chemical, dimensional, and technical characteristics) as the product at
issue, on a country-wide basis, regardless of the producer, exporter,
or importer of those products, or on a company-specific basis.
For further information on procedures for filing information with
Commerce through ACCESS and participating in scope inquiries, please
refer to the Filing Instructions section of the Scope Ruling
Application Guide, at <a href="https://access.trade.gov/help/Scope_Ruling_Guidance.pdf">https://access.trade.gov/help/Scope_Ruling_Guidance.pdf</a>. Interested parties, apart from the scope
ruling applicant, who wish to participate in a scope inquiry and be
added to the public service list for that segment of the proceeding
must file an entry of appearance in accordance with 19 CFR
351.103(d)(1) and 19 CFR 351.225(n)(4). Interested parties are advised
to refer to the case segment in ACCESS as well as 19 CFR 351.225(f) for
further information on the scope inquiry procedures, including the
timelines for the submission of comments.
Please note that this notice of scope ruling applications filed in
AD and CVD proceedings may be published before any potential
initiation, or after the initiation, of a given scope inquiry based on
a scope ruling application identified in this notice. Therefore, please
refer to the case segment on ACCESS to determine whether a scope ruling
application has been accepted or rejected and whether a scope inquiry
has been initiated.
Interested parties who wish to be served scope ruling applications
for a particular AD or CVD order may file a request to be included on
the annual inquiry service list during the anniversary month of the
publication of the AD or CVD order in accordance with 19 CFR 351.225(n)
and Commerce's procedures.\8\
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\8\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021).
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Interested parties are invited to comment on the completeness of
this monthly list of scope ruling applications received by Commerce.
Any comments should be submitted to James Maeder, Deputy Assistant
Secretary for AD/CVD Operations, Enforcement and Compliance,
International Trade Administration, via email to <a href="/cdn-cgi/l/email-protection#a5e6cac8c8c0d7c6c0e6e9f0e5d1d7c4c1c08bc2cad3"><span class="__cf_email__" data-cfemail="8ecde1e3e3ebfcedebcdc2dbcefafcefeaeba0e9e1f8">[email protected]</span></a>.
This notice of scope ruling applications filed in AD and CVD
proceedings is published in accordance with 19 CFR 351.225(d)(3).
Dated: May 18, 2022.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2022-11103 Filed 5-23-22; 8:45 am]
BILLING CODE 3510-DS-P
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