Notice2023-10778
Boltless Steel Shelving Units Prepackaged for Sale From India, Malaysia, Taiwan, Thailand and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigations
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 19, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 88 Issue 97 (Friday, May 19, 2023)</title>
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[Federal Register Volume 88, Number 97 (Friday, May 19, 2023)]
[Notices]
[Pages 32188-32194]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-10778]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-914, A-557-824, A-549-846, A-583-871, A-552-835]
Boltless Steel Shelving Units Prepackaged for Sale From India,
Malaysia, Taiwan, Thailand and the Socialist Republic of Vietnam:
Initiation of Less-Than-Fair-Value Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable May 15, 2023.
FOR FURTHER INFORMATION CONTACT: Andrew Huston (India), Samuel Frost
(Malaysia), Joy Zhang (Taiwan), Fred Baker (Thailand), or Whitley
Herndon (the Socialist Republic of Vietnam (Vietnam)); AD/CVD
Operations, Offices VII, V, VI, and III, respectively, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-8180, (202) 482-6274, (202) 482-4261, (202) 482-2924, or
(202) 482-1168, respectively.
SUPPLEMENTARY INFORMATION:
The Petitions
On April 25, 2023, the U.S. Department of Commerce (Commerce)
received antidumping duty (AD) petitions concerning imports of boltless
steel shelving units prepackaged for sale (boltless steel shelving)
from India, Malaysia, Taiwan, Thailand, and Vietnam filed in proper
form on behalf of Edsal Manufacturing Co., Inc. (the petitioner), a
domestic producer of boltless steel shelving.\1\
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\1\ See Petitioner's Letter, ``Boltless Steel Shelving Units
Prepackaged for Sale from India, Malaysia, Taiwan, Thailand, and
Vietnam--Petition for the Imposition of Antidumping Duties,'' dated
April 25, 2023 (Petitions).
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On April 27 and 28 and May 8 and 10, 2023, Commerce requested
supplemental information pertaining to certain aspects of the
Petitions.\2\ The petitioner filed timely responses to these requests
on May 1, 3, 8, and 10, 2023.\3\
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\2\ See Commerce's Letters, ``Petitions for the Imposition of
Antidumping Duties on Imports of Boltless Steel Shelving Units
Prepackaged for Sale from India, Malaysia, Taiwan, Thailand, and the
Socialist Republic of Vietnam: Supplemental Questions,'' dated April
27, 2023 (General Issues Questionnaire); and Country-Specific-
Questionnaires: India Supplemental, Malaysia Supplemental, Taiwan
Supplemental, Thailand Supplemental, and Vietnam Supplemental, dated
April 28, 2023; see also Country-Specific Memoranda: India
Memorandum, Malaysia Memorandum, Taiwan Memorandum, Thailand
Memorandum, and Vietnam Memorandum, dated May 5, 2023; Memorandum,
``Petition for the Imposition of Antidumping Duties on Imports of
Boltless Steel Shelving Units Prepackaged for Sale from Taiwan--
Phone Call with Counsel to the Petitioner,'' dated May 8, 2023; and
Memorandum, ``Phone Call with Counsel to the Petitioner,'' dated May
10, 2023 (Scope Memorandum).
\3\ See Petitioner's Letters, ``Boltless Steel Shelving from
India, Malaysia, Taiwan, Thailand, and Vietnam--Petitioner's
Supplement to Volume I Relating to Request for the Imposition of
Antidumping Duties on Imports from India, Malaysia, Taiwan,
Thailand, and Vietnam,'' dated May 1, 2023 (General Issues
Supplement); ``Petitioner's Response to the Department's
Supplemental Questionnaire Regarding Volume II of the Petition for
the Imposition of Antidumping Duties on Imports from India,'' dated
May 3, 2023; ``Petitioner's Response to the Department's
Supplemental Questionnaire Regarding Volume III of the Petition for
the Imposition of Antidumping Duties on Imports from Malaysia,''
dated May 3, 2023; ``Petitioner's Response to the Department's
Supplemental Questionnaire Regarding Volume IV of the Petition for
the Imposition of Antidumping Duties on Imports from Taiwan,'' dated
May 3, 2023; ``Petitioner's Response to the Department's
Supplemental Questionnaire Regarding Volume V of the Petition for
the Imposition of Antidumping Duties on Imports from Thailand,''
dated May 3, 2023; ``Petitioner's Response to the Department's
Supplemental Questionnaire Regarding Volume VI of the Petition for
the Imposition of Antidumping Duties on Imports from Vietnam,''
dated May 3, 2023; ``Petitioner's Response to the Department's
Second Supplemental Questionnaire Regarding Volume II of the
Petition for the Imposition of Antidumping Duties on Imports from
India,'' dated May 8, 2023; ``Petitioner's Response to the
Department's Second Supplemental Questionnaire Regarding Volume III
of the Petition for the Imposition of Antidumping Duties on Imports
from Malaysia,'' dated May 8, 2023; ``Petitioner's Response to the
Department's Second Supplemental Questionnaire Regarding Volume IV
of the Petition for the Imposition of Antidumping Duties on Imports
from Taiwan,'' dated May 8, 2023; ``Petitioner's Response to the
Department's Second Supplemental Questionnaire Regarding Volume V of
the Petition for the Imposition of Antidumping Duties on Imports
from Thailand,'' dated May 8, 2023; ``Petitioner's Response to the
Department's Second Supplemental Questionnaire Regarding Volume VI
of the Petition for the Imposition of Antidumping Duties on Imports
from Vietnam,'' dated May 8, 2023; and ``Petitioner's 2nd Supplement
to Volume I Relating to Request for the Imposition of Antidumping
Duties on Imports from India, Malaysia, Taiwan, Thailand, and
Vietnam,'' dated May 10, 2023 (Scope Supplement).
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In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that imports of boltless
steel shelving from India, Malaysia, Taiwan, Thailand, and Vietnam are
being, or are likely to be, sold in the United States at less than fair
value (LTFV) within the meaning of section 731 of the Act, and that
imports of such products are materially injuring, or threatening
material injury to, the boltless steel shelving industry in the United
States. Consistent with section 732(b)(1) of the Act, the Petitions
were accompanied by information reasonably available to the petitioner
supporting its allegations.
Commerce finds that the petitioner filed the Petitions on behalf of
the
[[Page 32189]]
domestic industry, because the petitioner is an interested party, as
defined in section 771(9)(C) of the Act. Commerce also finds that the
petitioner demonstrated sufficient industry support for the initiation
of the requested LTFV investigations.\4\
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\4\ See infra, section titled ``Determination of Industry
Support for the Petitions.''
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Periods of Investigation
Because the Petitions were filed on April 25, 2023, the period of
investigation (POI) for the India, Malaysia, Thailand, and Taiwan AD
investigations is April 1, 2022, through March 31, 2023, pursuant to 19
CFR 351.204(b)(1). Because Vietnam is a non-market economy (NME)
country, pursuant to 19 CFR 351.204(b)(1), the POI for the Vietnam AD
investigation is October 1, 2022, through March 31, 2023.
Scope of the Investigations
The product covered by these investigations is boltless steel
shelving from India, Malaysia, Taiwan, Thailand, and Vietnam. For a
full description of the scope of these investigations, see the appendix
to this notice.
Comments on the Scope of the Investigations
On April 27 and May 10, 2023, Commerce requested information from
the petitioner regarding the proposed scope to ensure that the scope
language in the Petitions is an accurate reflection of the products for
which the domestic industry is seeking relief.\5\ On May 1 and 10,
2023, the petitioner provided clarifications and revised the scope.\6\
The description of the merchandise covered by these investigations, as
described in the appendix to this notice, reflects these
clarifications.
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\5\ See General Issues Questionnaire; see also Scope Memorandum.
\6\ See General Issues Supplement at 3-7 and Attachments 2 and
3; see also Scope Supplement.
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As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\7\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determinations. If scope comments include factual information,\8\ all
such factual information should be limited to public information. To
facilitate preparation of its questionnaires, Commerce requests that
all interested parties submit such comments by 5:00 p.m. Eastern Time
(ET) on June 5, 2023, which is the next business day after 20 calendar
days from the signature date of this notice.\9\ Any rebuttal comments,
which may include factual information, must be filed by 5:00 p.m. ET on
June 15, 2023, which is 10 calendar days from the initial comment
deadline.
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\7\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\8\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\9\ The deadline for comments falls on Sunday, June 4, 2023.
Commerce's practice dictates that where a deadline falls on a
weekend or federal holiday, the appropriate deadline is the next
business day (in this instance, June 5, 2023). 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) (Next Business Day
Rule).
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Commerce requests that any factual information that parties
consider relevant to the scope of these investigations be submitted
during this period. However, if a party subsequently finds that
additional factual information pertaining to the scope of these
investigations may be relevant, the party must contact Commerce and
request permission to submit the additional information. All such
submissions must be filed on the records of each of the concurrent AD
investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\10\ An electronically-filed document must be received
successfully in its entirety by the time and date on which it is due.
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\10\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on help using
ACCESS can be found at <a href="https://access.trade.gov/help.aspx">https://access.trade.gov/help.aspx</a> and a
handbook can be found at <a href="https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf">https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf</a>.
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Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of boltless steel shelving
to be reported in response to Commerce's AD questionnaires. This
information will be used to identify the key physical characteristics
of the subject merchandise in order to report the relevant factors of
production (FOP) or costs of production (COP) accurately, as well as to
develop appropriate product comparison criteria where appropriate.
Subsequent to the publication of this notice, Commerce intends to
release a proposed list of physical characteristics and product-
comparison criteria, and interested parties may provide any information
or comments that they feel are relevant to the development of an
accurate list of physical characteristics. Specifically, they may
provide comments as to which characteristics are appropriate to use as:
(1) general product characteristics; and (2) product comparison
criteria. We note that it is not always appropriate to use all product
characteristics as product comparison criteria. We base product
comparison criteria on meaningful commercial differences among
products. In other words, although there may be some physical product
characteristics utilized by manufacturers to describe boltless steel
shelving, it may be that only a select few product characteristics take
into account commercially meaningful physical characteristics. In
addition, interested parties may comment on the order in which the
physical characteristics should be used in matching products.
Generally, Commerce attempts to list the most important physical
characteristics first and the least important characteristics last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, all product
characteristics comments must be filed by 5:00 p.m. ET on June 5, 2023,
which is the next business day after 20 calendar days from the
signature date of this notice.\11\ Any rebuttal comments must be filed
by 5:00 p.m. ET on June 15, 2023, which is 10 calendar days from the
initial comment deadline. All comments and submissions to Commerce must
be filed electronically using ACCESS, as explained above, on the record
of each of the LTFV investigations.
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\11\ See Next Business Day Rule.
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Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition
[[Page 32190]]
does not establish support of domestic producers or workers accounting
for more than 50 percent of the total production of the domestic like
product, Commerce shall: (i) poll the industry or rely on other
information in order to determine if there is support for the petition,
as required by subparagraph (A); or (ii) determine industry support
using a statistically valid sampling method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the Act directs
Commerce to look to producers and workers who produce the domestic like
product. The U.S. International Trade Commission (ITC), which is
responsible for determining whether ``the domestic industry'' has been
injured, must also determine what constitutes a domestic like product
in order to define the industry. While both Commerce and the ITC must
apply the same statutory definition regarding the domestic like
product,\12\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\13\
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\12\ See section 771(10) of the Act.
\13\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigations.\14\ Based on our analysis of the information
submitted on the record, we have determined that boltless steel
shelving, as defined in the scope, constitutes a single domestic like
product, and we have analyzed industry support in terms of that
domestic like product.\15\
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\14\ See Petitions at Volume I (pages 15-17 and Exhibit GEN-10);
see also General Issues Supplement at 3 and Attachment 1.
\15\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see, individually, AD Investigation Initiation Checklists,
``Boltless Steel Shelving Units Prepackaged for Sale from India,
Malaysia, Taiwan, Thailand, and the Socialist Republic of Vietnam,''
dated concurrently with this notice (Country-Specific AD Initiation
Checklists), at Attachment II (Analysis of Industry Support for the
Antidumping Duty Petitions Covering Boltless Steel Shelving Units
Prepackaged for Sale from India, Malaysia, Taiwan, Thailand, and the
Socialist Republic of Vietnam).
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In determining whether the petitioner has standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioner provided its
own production of boltless steel shelving in 2022 and compared this to
the total volume of boltless steel shelving produced by the U.S.
industry in 2022.\16\ We relied on data provided by the petitioner for
purposes of measuring industry support.\17\
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\16\ See Petitions at Volume I (page 3 and Exhibits GEN-4 and
GEN-5).
\17\ Id. at Volume I (pages 2-3 and Exhibits GEN-1 through GEN-
5). For further discussion, see Attachment II of the Country-
Specific AD Initiation Checklists.
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Our review of the data provided in the Petitions, the General
Issues Supplement, and other information readily available to Commerce
indicates that the petitioner has established industry support for the
Petitions.\18\ First, the Petitions established support from domestic
producers (or workers) accounting for more than 50 percent of the total
production of the domestic like product and, as such, Commerce is not
required to take further action in order to evaluate industry support
(e.g., polling).\19\ Second, the domestic producers (or workers) have
met the statutory criteria for industry support under section
732(c)(4)(A)(i) of the Act because the domestic producers (or workers)
who support the Petitions account for at least 25 percent of the total
production of the domestic like product.\20\ Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 732(c)(4)(A)(ii) of the Act because the domestic
producers (or workers) who support the Petitions account for more than
50 percent of the production of the domestic like product produced by
that portion of the industry expressing support for, or opposition to,
the Petitions.\21\ Accordingly, Commerce determines that the Petitions
were filed on behalf of the domestic industry within the meaning of
section 732(b)(1) of the Act.\22\
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\18\ See Petitions at Volume I (pages 2-3 and Exhibits GEN-1
through GEN-5). For further discussion, see Attachment II of the
Country-Specific AD Initiation Checklists.
\19\ See Attachment II of the Country-Specific AD Initiation
Checklists; see also section 732(c)(4)(D) of the Act.
\20\ See Attachment II of the Country-Specific AD Initiation
Checklists.
\21\ Id.
\22\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioner alleges that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioner alleges that
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\23\
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\23\ See Petitions at Volume I (pages 17-20 and Exhibits GEN-1
and GEN-11).
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With regard to India, while the allegedly dumped imports from India
do not exceed the statutory requirements for negligibility, the
petitioner alleges and provides supporting evidence that: (1) there is
a reasonable indication that the data obtained in the ITC's
investigation will establish that imports exceed the negligibility
threshold; \24\ and (2) there is the potential that imports from India
will imminently exceed the negligibility threshold and, therefore, are
not negligible for purposes of a threat determination.\25\ The
petitioner's arguments regarding the limitations of publicly available
import data and the reasonable indication that the data obtained in the
ITC's investigation will establish that imports exceed the
negligibility threshold are consistent with the SAA. Furthermore, the
petitioner's arguments regarding the potential for imports from India
to imminently exceed the negligibility threshold are consistent with
the statutory criteria for ``negligibility in threat analysis'' under
section 771(24)(A)(iv) of the Act, which provides that imports shall
not be treated as negligible if there is a potential that subject
imports from a country will imminently exceed the statutory
requirements for negligibility.
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\24\ See Statement of Administrative Action Accompanying the
Uruguay Round Agreements Act, H.R. Doc. 103-316, Vol. 1 (1994)
(SAA), at 857; see also Petitions at Volume I (pages 12-13, 18-20,
and Exhibits GEN-1 and GEN-11).
\25\ See section 771(24)(A)(iv) of the Act; see also Petitions
at Volume I (pages 18-20 and Exhibits GEN-1 and GEN-11).
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The petitioner contends that the industry's injured condition is
illustrated by a significant and
[[Page 32191]]
increasing volume of subject imports; declining market share;
underselling and price depression and/or suppression; lost sales and
revenues; decline in U.S. shipments, production, and capacity
utilization; decline in employment variables; and adverse impact on
financial performance.\26\ We assessed the allegations and supporting
evidence regarding material injury, threat of material injury,
causation, as well as negligibility, and we have determined that these
allegations are properly supported by adequate evidence and meet the
statutory requirements for initiation.\27\
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\26\ See Petitions at Volume I (pages 14, 17-37 and Exhibits
GEN-1, GEN-8, and GEN-10 through GEN-16); see also General Issues
Supplement at 7-8 and Attachments 4-6.
\27\ See Country-Specific AD Initiation Checklists at Attachment
III (Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping Duty Petitions Covering Boltless Steel
Shelving Units Prepackaged for Sale from India, Malaysia, Taiwan,
Thailand, and the Socialist Republic of Vietnam).
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate these LTFV
investigations on imports of boltless steel shelving from India,
Malaysia, Taiwan, Thailand, and Vietnam. The sources of data for the
deductions and adjustments relating to U.S. price and normal value (NV)
are discussed in greater detail in the Country-Specific AD Initiation
Checklists.
U.S. Price
For India, Malaysia, Thailand, Taiwan, and Vietnam, the petitioner
based export price (EP) on pricing information for boltless steel
shelving produced in, and exported from, the respective countries and
sold or offered for sale in the United States.\28\ The petitioner made
certain adjustments for movement and other expenses for the U.S. price
based on the pricing information to calculate a net U.S. price, where
applicable.\29\
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\28\ See Country-Specific AD Initiation Checklists.
\29\ Id.
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Normal Value <SUP>30</SUP>
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\30\ In accordance with section 773(b)(2) of the Act, for these
investigations, Commerce will request information necessary to
calculate the constructed value (CV) and COP to determine whether
there are reasonable grounds to believe or suspect that sales of the
foreign like product have been made at prices that represent less
than the COP of the product.
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The petitioner based NV on home market pricing information obtained
through market research for boltless steel shelving produced in and
sold, or offered for sale, in India, Malaysia, Thailand, and Taiwan
during the applicable time period.\31\
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\31\ See Country-Specific AD Initiation Checklist.
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Commerce considers Vietnam to be an NME country.\32\ In accordance
with section 771(18)(C)(i) of the Act, any determination that a foreign
country is an NME country shall remain in effect until revoked by
Commerce. Therefore, we continue to treat Vietnam as an NME country for
purposes of the initiation of this investigation. Accordingly, NV in
Vietnam is appropriately based on FOPs valued in a surrogate market
economy country, in accordance with section 773(c) of the Act.
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\32\ See, e.g., Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Final Results, and Final Results of No
Shipments of the Antidumping Duty Administrative Review; 2016-2017,
84 FR 18007 (April 29, 2019).
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The petitioner claims that Indonesia is an appropriate surrogate
country for Vietnam because Indonesia is a market economy country that
is at a level of economic development comparable to that of Vietnam and
is a significant producer of comparable merchandise. The petitioner
provided publicly available information from Indonesia to value all
FOPs. Based on the information provided by the petitioner, we determine
that it is appropriate to use Indonesia as a surrogate country for
initiation purposes.
Interested parties will have the opportunity to submit comments
regarding surrogate country selection and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an opportunity to submit publicly
available information to value FOPs within 30 days before the scheduled
date of the preliminary determination.
Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to
believe that imports of boltless steel shelving from India, Malaysia,
Taiwan, Thailand, and Vietnam are being, or are likely to be, sold in
the United States at LTFV. Based on comparisons of EP to NV in
accordance with sections 772 and 773 of the Act, the estimated dumping
margins for boltless steel shelving from each of the countries covered
by this initiation are as follows: (1) India--175.31 percent; (2)
Malaysia--35.45 to 81.12 percent; (3) Taiwan--78.12 percent; (4)
Thailand--176.62 to 187.03 percent; and (5) Vietnam--92.60 to 224.94
percent.\33\
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\33\ Id.
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Initiation of LTFV Investigations
Based upon our examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating these LTFV investigations to
determine whether imports of boltless steel shelving from India,
Malaysia, Taiwan, Thailand, and Vietnam are being, or are likely to be,
sold in the United States at LTFV. In accordance with section
733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless postponed, we
will make our preliminary determinations no later than 140 days after
the date of this initiation.
Respondent Selection
India, Malaysia, Taiwan, and Thailand
In the Petitions, the petitioner identified three companies in
India, three companies in Malaysia, one company in Taiwan, and seven
companies in Thailand as producers/exporters of boltless steel
shelving.\34\ Following standard practice in AD investigations
involving market economy countries, in the event Commerce determines
that the number of exporters or producers is large such that Commerce
cannot individually examine each company based on its resources, where
appropriate, Commerce intends to select mandatory respondents in these
cases based on U.S. Customs and Border Protection (CBP) data for U.S.
imports under the appropriate Harmonized Tariff Schedule of the United
States subheadings listed in the ``Scope of the Investigations,'' in
the appendix to this notice.
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\34\ See Petitions at Volume I (page 14 and Exhibit GEN-7).
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On May 8, 2023, Commerce released CBP data on U.S. imports of
boltless steel shelving from Taiwan, under administrative protective
order (APO) to all parties with access to information protected by
APO.\35\ On May 10, 2023, Commerce released CBP data on imports of
boltless steel shelving from India, Malaysia, and Thailand under APO to
all parties with access to information protected by APO.\36\ When it
released these data, Commerce indicated that interested parties wishing
to comment on CBP data must do so within three business days of the
publication date of
[[Page 32192]]
the notice of initiation of these investigations. Comments must be
filed electronically using ACCESS. An electronically-filed document
must be received successfully in its entirety via ACCESS by 5:00 p.m.
ET on the specified deadline. Commerce will not accept rebuttal
comments regarding the CBP data or respondent selection.
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\35\ See Memorandum, ``Antidumping Duty Investigation of
Boltless Steel Shelving Units Prepackaged for Sale from Taiwan:
Release of Customs Data from U.S. Customs and Border Protection,''
dated May 8, 2023.
\36\ See Memoranda, ``Boltless Steel Shelving Units Prepackaged
for Sale from India: Release of Data from U.S. Customs and Border
Protection,'' dated May 10, 2023; ``Petition for the Imposition of
Antidumping Duties on Imports of Boltless Steel Shelving Units
Prepackaged for Sale from Malaysia: Release of U.S. Customs and
Border Protection Data,'' dated May 10, 2023; and ``Less-Than-Fair-
Value Petition of Boltless Steel Shelving Units Prepackaged for Sale
from Thailand: Release of U.S. Customs and Border Protection Data,''
dated May 10, 2023.
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Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on Commerce's website at <a href="https://access.trade.gov/Resources/Administrative_Protective_Order.aspx">https://access.trade.gov/Resources/Administrative_Protective_Order.aspx</a>.
Vietnam
In the Petition, the petitioner named three companies as producers/
exporters of boltless steel shelving in Vietnam.\37\ In accordance with
our standard practice for respondent selection in AD investigations
involving NME countries, Commerce selects respondents based on quantity
and value (Q&V) questionnaires in cases where it has determined that
the number of companies is large, and it cannot individually examine
each company based upon its resources. Therefore, considering the
number of Vietnamese producers and exporters identified in the
Petitions, Commerce will solicit Q&V information that can serve as a
basis for selecting exporters for individual examination in the event
that Commerce decides to limit the number of respondents individually
examined pursuant to section 777A(c)(2) of the Act. Given that there
are three producers and exporters identified in the Petition, Commerce
has determined that it will issue Q&V questionnaires to each potential
respondent for which the petitioner has provided a complete address.
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\37\ See Petitions at Volume I (Exhibit GEN-4).
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In addition, Commerce will post the Q&V questionnaire along with
filing instructions on Enforcement and Compliance's website at <a href="https://www.trade.gov/ec-adcvd-case-announcements">https://www.trade.gov/ec-adcvd-case-announcements</a>. Producers/exporters of
boltless steel shelving from Vietnam that do not receive Q&V
questionnaires may still submit a response to the Q&V questionnaire and
can obtain a copy of the Q&V questionnaire from Enforcement and
Compliance's website. In accordance with the standard practice for
respondent selection in AD cases involving NME countries, in the event
Commerce decides to limit the number of respondents individually
investigated, Commerce intends to base respondent selection on the
responses to the Q&V questionnaire that it receives.
Responses to the Q&V questionnaire must be submitted by the
relevant Vietnamese producers/exporters no later than 5:00 p.m. ET on
May 30, 2023, which is two weeks from the signature date of this
notice.\38\ All Q&V questionnaire responses must be filed
electronically via ACCESS. An electronically filed document must be
received successfully, in its entirety, by ACCESS no later than 5:00
p.m. ET on the deadline noted above. Commerce intends to finalize its
decisions regarding respondent selection within 20 days of publication
of this notice.
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\38\ Because the current deadline falls on a federal holiday
(i.e., May 29, 2023), the deadline is the next business day (i.e.,
May 30, 2023). See Next Business Day Rule.
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Separate Rates
In order to obtain separate-rate status in an NME investigation,
exporters and producers must submit a separate rate application.\39\
The specific requirements for submitting a separate rate application in
a Vietnam investigation are outlined in detail in the application
itself, which is available on Commerce's website at <a href="https://access.trade.gov/Resources/nme/nme-sep-rate.html">https://access.trade.gov/Resources/nme/nme-sep-rate.html</a>. The separate rate
application will be due 30 days after publication of this initiation
notice.\40\ Exporters and producers who submit a separate rate
application and have been selected as mandatory respondents will be
eligible for consideration for separate rate status only if they
respond to all parts of Commerce's AD questionnaire as mandatory
respondents. Commerce requires that companies from Vietnam submit a
response to both the Q&V questionnaire and the separate rate
application by the respective deadlines in order to receive
consideration for separate rate status. Companies not filing a timely
Q&V questionnaire response will not receive separate rate
consideration.
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\39\ See Policy Bulletin 05.1, regarding, ``Separate-Rates
Practice and Application of Combination Rates in Antidumping
Investigation involving NME Countries'' (April 5, 2005) (Policy
Bulletin 05.1), available at <a href="https://enforcement.trade.gov/policy/bull05-1.pdf">https://enforcement.trade.gov/policy/bull05-1.pdf</a>.
\40\ Although in past investigations this deadline was 60 days,
consistent with 19 CFR 351.301(a), which states that ``the Secretary
may request any person to submit factual information at any time
during a proceeding,'' this deadline is now 30 days.
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Use of Combination Rates
Commerce will calculate combination rates for certain respondents
that are eligible for a separate rate in an NME investigation. Policy
Bulletin 05.1 states:
{w{time} hile continuing the practice of assigning separate rates only
to exporters, all separate rates that {Commerce{time} will now assign
in its NME Investigation will be specific to those producers that
supplied the exporter during the period of investigation. Note,
however, that one rate is calculated for the exporter and all of the
producers which supplied subject merchandise to it during the period of
investigation. This practice applies both to mandatory respondents
receiving an individually calculated separate rate as well as the pool
of non-investigated firms receiving the weighted-average of the
individually calculated rates. This practice is referred to as the
application of ``combination rates'' because such rates apply to
specific combinations of exporters and one or more producers. The cash-
deposit rate assigned to an exporter will apply only to merchandise
both exported by the firm in question and produced by a firm that
supplied the exporter during the period of investigation.\41\
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\41\ See Policy Bulletin 05.1 at 6 (emphasis added).
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Distribution of Copies of the Petitions
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the Petitions have been
provided to the governments of India, Malaysia, Thailand, Taiwan, and
Vietnam via ACCESS. To the extent practicable, we will attempt to
provide a copy of the public version of the Petitions to each exporter
named in the Petitions, as provided under 19 CFR 351.203(c)(2).
ITC Notification
We will notify the ITC of our initiation, as required by section
732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that imports of boltless steel shelving from India,
Malaysia, Taiwan, Thailand, and/or Vietnam are materially injuring, or
threatening material injury to, a U.S. industry.\42\ A negative ITC
determination for any country will result in the investigation being
terminated with respect to that country.\43\ Otherwise, these LTFV
investigations will proceed according to statutory and regulatory time
limits.
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\42\ See section 733(a) of the Act.
\43\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires;
[[Page 32193]]
(ii) evidence submitted in support of allegations; (iii) publicly
available information to value factors under 19 CFR 351.408(c) or to
measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv)
evidence placed on the record by Commerce; and (v) evidence other than
factual information described in (i)-(iv). Section 351.301(b) of
Commerce's regulations requires any party, when submitting factual
information, to specify under which subsection of 19 CFR 351.102(b)(21)
the information is being submitted \44\ and, if the information is
submitted to rebut, clarify, or correct factual information already on
the record, to provide an explanation identifying the information
already on the record that the factual information seeks to rebut,
clarify, or correct.\45\ Time limits for the submission of factual
information are addressed in 19 CFR 351.301, which provides specific
time limits based on the type of factual information being submitted.
Interested parties should review the regulations prior to submitting
factual information in these investigations.
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\44\ See 19 CFR 351.301(b).
\45\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation
Section 773(e) of the Act addresses the concept of particular
market situation (PMS) for purposes of CV, stating that ``if a
particular market situation exists such that the cost of materials and
fabrication or other processing of any kind does not accurately reflect
the cost of production in the ordinary course of trade, the
administering authority may use another calculation methodology under
this subtitle or any other calculation methodology.'' When an
interested party submits a PMS allegation pursuant to section 773(e) of
the Act, Commerce will respond to such a submission consistent with 19
CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section
773(e) of the Act, then it will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act nor 19 CFR 351.301(c)(2)(v) set a
deadline for the submission of PMS allegations and supporting factual
information. However, in order to administer section 773(e) of the Act,
Commerce must receive PMS allegations and supporting factual
information with enough time to consider the submission. Thus, should
an interested party wish to submit a PMS allegation and supporting new
factual information pursuant to section 773(e) of the Act, it must do
so no later than 20 days after submission of a respondent's response to
section D of Commerce's initial AD questionnaire.
Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301. For submissions that are due
from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, we may elect to specify a different time
limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, we will inform parties in a letter or memorandum of the
deadline (including a specified time) by which extension requests must
be filed to be considered timely. An extension request must be made in
a separate, standalone submission; Commerce will grant untimely filed
requests for the extension of time limits only in limited cases where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning factual
information prior to submitting factual information in these
investigations.\46\
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\46\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013), available at <a href="https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm">https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm</a>.
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Certification Requirements
Any party submitting factual information in an AD or countervailing
duty proceeding must certify to the accuracy and completeness of that
information.\47\ Parties must use the certification formats provided in
19 CFR 351.303(g).\48\ Commerce intends to reject factual submissions
if the submitting party does not comply with the applicable
certification requirements.
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\47\ See section 782(b) of the Act.
\48\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to
frequently asked questions regarding the Final Rule are available at
<a href="https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf">https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf</a>.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in these investigations should ensure that they meet the requirements
of 19 CFR 351.103(d) (e.g., by filing a letter of appearance as
discussed). Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\49\
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\49\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: May 15, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix--Scope of the Investigations
The scope of these investigations 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, regardless of: (1) vertical support or post type
(including but not limited to open post,
[[Page 32194]]
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:
<bullet> 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;
<bullet> 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;
<bullet> Bulk-packed parts or components of boltless steel
shelving units; and
<bullet> 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 investigations is dispositive.
[FR Doc. 2023-10778 Filed 5-18-23; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on May 19, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.