Notice2023-09946
Boltless Steel Shelving Units Prepacked for Sale From the People's Republic of China: Rescission of Circumvention Inquiry on the Antidumping Duty and Countervailing Duty Orders
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 10, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
Based on a withdrawal of the circumvention inquiry request, the U.S. Department of Commerce (Commerce) is rescinding this circumvention inquiry to determine whether imports of boltless steel shelving units prepackaged for sale (boltless steel shelving), which are completed or assembled in Malaysia using certain components from the People's Republic of China (China), are circumventing the antidumping duty (AD) and countervailing duty (CVD) orders on boltless steel shelving from China.
Full Text
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<title>Federal Register, Volume 88 Issue 90 (Wednesday, May 10, 2023)</title>
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[Federal Register Volume 88, Number 90 (Wednesday, May 10, 2023)]
[Notices]
[Pages 30086-30087]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09946]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-018, C-570-019]
Boltless Steel Shelving Units Prepacked for Sale From the
People's Republic of China: Rescission of Circumvention Inquiry on the
Antidumping Duty and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on a withdrawal of the circumvention inquiry request,
the U.S. Department of Commerce (Commerce) is rescinding this
circumvention inquiry to determine whether imports of boltless steel
shelving units prepackaged for sale (boltless steel shelving), which
are completed or assembled in Malaysia using certain components from
the People's Republic of China (China), are circumventing the
antidumping duty (AD) and countervailing duty (CVD) orders on boltless
steel shelving from China.
DATES: Applicable May 10, 2023.
FOR FURTHER INFORMATION CONTACT: Samuel Frost, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-8180.
SUPPLEMENTARY INFORMATION:
Background
On October 21, 2015, Commerce published AD and CVD orders on
boltless steel shelving from China.\1\ On October 20, 2022, Edsal
Manufacturing Company, Inc. (Edsal) filed a circumvention inquiry
request alleging that boltless steel shelving completed or assembled in
Malaysia using certain components from China and exported to the United
States are circumventing the Orders.\2\ On December 9, 2022, Commerce
initiated a circumvention inquiry regarding the above-referenced
merchandise.\3\ On April 17, 2023, Edsal withdrew its circumvention
inquiry request.\4\
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\1\ See Boltless Steel Shelving Units Prepackaged for Sale from
the People's Republic of China: Antidumping Duty Order, 80 FR 63741
(October 21, 2015); and Boltless Steel Shelving Units Prepackaged
for Sale from the People's Republic of China: Amended Final
Affirmative Countervailing Duty Determination and Countervailing
Duty Order, 80 FR 63745 (October 21, 2015) (collectively, Orders).
\2\ See Edsal's Letter, ``Boltless Steel Shelving Units
Prepackaged for Sale from China--Petitioner's Request for
Circumvention Ruling Pursuant to Section 781(b), as Amended,'' dated
October 20, 2022.
\3\ See Boltless Steel Shelving Units Prepackaged for Sale from
the People's Republic of China: Initiation of Circumvention Inquiry
on the Antidumping Duty and Countervailing Duty Orders, 87 FR 75592
(December 9, 2022) (Initiation Notice), and accompanying Initiation
Memorandum.
\4\ See Edsal's Letter, ``Petitioner's Withdrawal of Request for
Circumvention Ruling Pursuant to Section 781(b) of the Tariff Act of
1930,'' dated April 17, 2023.
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Scope of the Orders
The merchandise covered by these Orders is boltless steel shelving
units prepackaged for sale. For a complete description of the scope,
see the Initiation Memorandum.\5\
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\5\ See Initiation Notice Initiation Memorandum at 2-3.
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Merchandise Subject to the Circumvention Inquiry
This circumvention inquiry covers boltless steel shelving that has
been completed or assembled in Malaysia using, at a minimum, the key
components of boltless steel shelving, i.e., vertical posts and
horizontal beams, from China that are then subsequently exported to the
United States.
[[Page 30087]]
Rescission of Circumvention Inquiry
As noted above, Edsal has withdrawn its request for a circumvention
inquiry on boltless steel shelving completed or assembled in Malaysia
using certain components from China and exported to the United States.
Therefore, in accordance 19 CFR 351.226(f)(6)(i), Commerce finds that
it is appropriate to rescind this circumvention inquiry in its
entirety.
Suspension of Liquidation
Pursuant to 19 CFR 351.226(l)(1), Commerce notified U.S. Customs
and Border Protection (CBP) of the initiation of this circumvention
inquiry and directed CBP to continue the suspension of liquidation of
entries of products subject to the circumvention inquiry that were
already subject to the suspension of liquidation under the Orders and
to apply the cash deposit rate that would be applicable if the products
were determined to be covered by the scope of the Orders.\6\ Upon
publication of this rescission notice, Commerce will inform CBP that
Commerce has rescinded this inquiry and that CBP should continue to
suspend entries of boltless steel shelving from China that are subject
to the Orders at the applicable rate(s) in effect on the date of entry
until specific liquidation instructions are issued.
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\6\ See CBP Message 2343414, ``Initiation of Circumvention
Inquiry--Antidumping/Countervailing Orders on Boltless Steel
Shelving Units Prepackaged for Sale from the People's Republic of
China (A-570-018/C-570-019),'' dated December 9, 2022.
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Administrative Protective Order
This notice serves as a final reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return or
destruction of the APO materials or conversion to judicial protective
order is hereby requested. Failure to comply with regulations and terms
of an APO is a violation, which is subject to sanction.
Notification to Interested Parties
This notice is issued and published in accordance with section 781
of the Tariff Act of 1930, as amended, and 19 CFR 351.226(f)(6).
Dated: May 4, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-09946 Filed 5-9-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on May 10, 2023.
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