Notice2023-26232
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
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
November 29, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that boltless steel shelving units prepackaged for sale (boltless steel shelving) from Malaysia are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2022, through March 31, 2023. Interested parties are invited to comment on this preliminary determination.
Full Text
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<title>Federal Register, Volume 88 Issue 228 (Wednesday, November 29, 2023)</title>
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[Federal Register Volume 88, Number 228 (Wednesday, November 29, 2023)]
[Notices]
[Pages 83386-83389]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26232]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-824]
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
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that boltless steel shelving units prepackaged for sale
(boltless steel shelving) from Malaysia are being, or are likely to be,
sold in the United States at less than fair value (LTFV). The period of
investigation (POI) is April 1, 2022, through March 31, 2023.
Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable November 29, 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
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on May 19,
2023.\1\ On September 14, 2023, Commerce postponed the preliminary
determination of this investigation until November 21, 2023.\2\
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\1\ See 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, 88 FR
32188 (May 19, 2023) (Initiation Notice).
\2\ See Boltless Steel Shelving Units Prepackaged for Sale from
India, Malaysia, Taiwan, Thailand, and the Socialist Republic of
Vietnam: Postponement of Preliminary Determinations in the Less-
Than-Fair-Value Investigations, 88 FR 63063 (September 14, 2023).
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For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\3\ A list of topics discussed in the Preliminary Decision
Memorandum is included as Appendix
[[Page 83387]]
II to this notice. The Preliminary Decision Memorandum is a public
document and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Boltless Steel Shelving Units Prepackaged for Sale from
Malaysia,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Scope of the Investigation
The product covered by this investigation is boltless steel
shelving from Malaysia. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the Preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice. For a summary of the product coverage comments
and rebuttal responses submitted to the record for this preliminary
determination, and accompanying discussion and analysis of all comments
timely received, see the Preliminary Scope Decision Memorandum.\6\ As
discussed in the Preliminary Scope Decision Memorandum, Commerce
preliminarily did not modify the scope language as it appeared in the
Initiation Notice. In the Preliminary Scope Decision Memorandum,
Commerce established deadlines for parties to submit scope case and
rebuttal briefs as well as a deadline to request a hearing on issues
raised in the scope briefs.
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\4\ See Antidumping Duties; Countervailing Duties: Final Rule 62
FR 27296 (May 19, 1997) (Preamble).
\5\ See Initiation Notice, 88 FR at 32189.
\6\ See Memorandum, ``Preliminary Scope Decision Memorandum,''
dated November 13, 2023 (Preliminary Scope Decision Memorandum).
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated export prices for
Eonmetall Industries Sdn. Bhd. (EMI) in accordance with section 772(a)
of the Act. Normal value is calculated in accordance with section 773
of the Act. Furthermore, pursuant to section 776(a) and (b) of the Act,
Commerce has preliminarily relied on facts otherwise available, with
adverse inferences for Nanjing Chervon Industry Co., Ltd. (Nanjing
Chervon) and Wuxi Bote Electrical Apparatus Co., Ltd. (Wuxi Bote).\7\
For a full description of the methodology underlying the preliminary
determination, see the Preliminary Decision Memorandum.
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\7\ We also selected Fuyuan Wood Industry Co., Ltd. (Fuyuan
Wood) as a mandatory respondent in this investigation. However,
because it did not export any subject merchandise to the United
States during the POI, we are preliminarily not assigning Fuyuan
Wood a dumping margin.
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All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in
the preliminary determination Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. This rate shall be an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
and de minimis margins, and any margins determined entirely under
section 776 of the Act.
Where the rates for individually investigated companies are all
zero or de minimis, or determined entirely using facts otherwise
available, section 735(c)(5)(B) of the Act instructs Commerce to
establish ``any reasonable method to establish the estimated all-others
rate for exporters and producers not individually investigated,
including averaging the estimated weighted-average dumping margins
determined for the exporters and producers individually investigated.''
Commerce has preliminarily determined the estimated weighted-average
dumping margin for Nanjing Chervon and Wuxi Bote under section 776 of
the Act and calculated an estimated weighted-average dumping margin for
EMI of zero. Consequently, pursuant to section 735(c)(5)(B) of the Act,
we calculated the all-others rate based on a simple average of the zero
percent dumping margin and the two dumping margins based totally on
adverse facts available.
Preliminary Determination
For the period April 1, 2022, through March 31, 2023, Commerce
preliminarily determines that the following estimated weighted-average
dumping margins exist:
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Estimated
weighted-
average
Producer/exporter dumping
margin
(percent)
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Eonmetall Industries Sdn. Bhd............................... 0.00
Nanjing Chervon Industry Co., Ltd........................... * 81.12
Wuxi Bote Electrical Apparatus Co., Ltd..................... * 81.12
All Others.................................................. 54.08
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* Rate based on facts available with adverse inferences.
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of entries of subject merchandise, as described in Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register, as discussed below.
Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR
351.205(d), Commerce will instruct CBP to require a cash deposit equal
to the estimated weighted-average dumping margin or the estimated all-
others rate, as follows: (1) the cash deposit rate for the respondents
listed above will be equal to the company-specific estimated weighted-
average dumping margin determined in this preliminary determination;
(2) if the exporter is not a respondent identified above, but the
producer is, then the cash deposit rate will be equal to the company-
specific estimated weighted-average dumping margin established for that
producer of the subject merchandise; and (3) the cash deposit rate for
all other producers and exporters will be equal to the all-others
estimated weighted-average dumping margin.
Because the estimated weighted-average dumping margin for EMI is
zero, entries of shipments of subject merchandise from EMI will not be
subject to suspension of liquidation or cash deposit requirements. In
such situations, Commerce applies the exclusion to the provisional
measures to the producer/exporter combination that was examined in the
investigation. Accordingly, Commerce is directing CBP not to suspend
liquidation of entries of subject merchandise produced and exported by
EMI. Entries of shipments 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, are subject to the provisional measures at the all-others
rate.
Should the final estimated weighted-average dumping margin be zero
or de minimis for the producer/exporter
[[Page 83388]]
combination identified above, entries of shipments of subject
merchandise from this producer/exporter combination will be excluded
from the potential antidumping duty order. Such exclusions are not
applicable to merchandise exported to the United States by this
respondent in any other producer/exporter combinations or by third
parties that sourced subject merchandise from the excluded producer/
exporter combination. These suspension of liquidation measures will
remain in effect until further notice.
Disclosure
Commerce intends to disclose its calculations and analysis
performed in connection with this preliminary determination to
interested parties within five days of any public announcement or, if
there is no public announcement, within five days of the date of
publication of this notice, in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation. Rebuttal briefs, limited to issues raised in case
briefs, may be submitted not later than five days after the date for
filing case briefs.\8\ Interested parties who submit case or rebuttal
briefs in this proceeding must submit: (1) a table of contents listing
each issue; and (2) a table of authorities.\9\
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\8\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\9\ See 19 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and d(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this investigation, we instead request
that interested parties provide at the beginning of their briefs a
public, executive summary for each issue raised in their briefs.\10\
Further, we request that interested parties limit their executive
summary of each issue to no more than 450 words, not including
citations. We intend to use the executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final determination in this investigation. We
request that interested parties include footnotes for relevant
citations in the executive summary of each issue. Note that Commerce
has amended certain of its requirements pertaining to the service of
documents in 19 CFR 351.303(f).\11\
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\10\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\11\ See APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Pursuant to 19 CFR 351.210(e)(2), Commerce requires
that requests by respondents for postponement of a final determination
be accompanied by a request for extension of provisional measures from
a four-month period to a period not more than six months in duration.
On November 3, 2023, pursuant to 19 CFR 351.210(e), Edsal Manufacturing
Co., Inc. (the petitioner), requested that Commerce postpone the final
determination and that provisional measures be extended to a period not
to exceed 135 days.\12\
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\12\ See Petitioner's Letter, ``Petitioner's Request for
Postponement of Final Determination,'' dated November 3, 2023.
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On November 7, 2023, EMI also requested that Commerce postpone the
final determination in the event the preliminary determination is
affirmative and that provisional measures be extended to a period not
to exceed six months.\13\ In accordance with section 735(a)(2)(A) of
the Act and 19 CFR 351.210(b)(2)(ii), because: (1) the preliminary
determination is affirmative; (2) the requesting exporter accounts for
a significant proportion of exports of the subject merchandise; and (3)
no compelling reasons for denial exist, Commerce is postponing the
final determination and extending the provisional measures from a four-
month period to a period not greater than six months. Accordingly,
Commerce's final determination will be issued no later than 135 days
after the date of publication of this preliminary determination.
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\13\ See EMI's Letter, ``Request for Extension of Final
Determination and Provisional Measures,'' dated November 7, 2023.
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U.S. International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its preliminary
determination of sales at LTFV. If the final determination is
affirmative, the ITC will determine before the later of 120 days after
the date of this preliminary determination or 45 days after the final
determination whether imports of the subject merchandise are materially
injuring, or threaten material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).
Dated: November 21, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The scope of this investigation covers boltless steel shelving
units prepackaged for sale, with or without decks (boltless steel
shelving). The term ``prepackaged for sale'' means that, at a
minimum, the steel vertical supports (i.e., uprights and posts) and
steel horizontal supports (i.e., beams, braces) necessary to
assemble a completed shelving unit (with or without decks) are
packaged together for ultimate purchase by the end-user. The scope
also includes add-on kits. Add-on kits include, but are not limited
to, kits that allow the end-user to add an extension shelving unit
onto an existing
[[Page 83389]]
boltless steel shelving unit such that the extension and the
original unit will share common frame elements (e.g., two posts).
The term ``boltless'' refers to steel shelving in which the vertical
and horizontal supports forming the frame are assembled primarily
without the use of nuts and bolts, or screws. The vertical and
horizontal support members for boltless steel shelving are assembled
by methods such as, but not limited to, fitting a rivet, punched or
cut tab, or other similar connector on one support into a hole, slot
or similar receptacle on another support. The supports lock together
to form the frame for the shelving unit, and provide the structural
integrity of the shelving unit separate from the inclusion of any
decking. The incidental use of nuts and bolts, or screws to add
accessories, wall anchors, tie-bars or shelf supports does not
remove the product from scope. Boltless steel shelving units may
also come packaged as partially assembled, such as when two upright
supports are welded together with front-to-back supports, or are
otherwise connected, to form an end unit for the frame. The boltless
steel shelving covered by this investigation may be commonly
described as rivet shelving, welded frame shelving, slot and tab
shelving, and punched rivet (quasi-rivet) shelving as well as by
other trade names. The term ``deck'' refers to the shelf that sits
on or fits into the horizontal supports (beams or braces) to provide
the horizontal storage surface of the shelving unit.
The scope includes all boltless steel shelving meeting the
description above, regardless of: (1) vertical support or post type
(including but not limited to open post, closed post and tubing);
(2) horizontal support or beam/brace profile (including but not
limited to Z-beam, C-beam, L-beam, step beam and cargo rack); (3)
number of supports; (4) surface coating (including but not limited
to paint, epoxy, powder coating, zinc and other metallic coating);
(5) number 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 this investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. Application of Facts Available and Use of Adverse Inference
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2023-26232 Filed 11-28-23; 8:45 am]
BILLING CODE 3510-DS-P
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