Notice2023-26233
Boltless Steel Shelving Units Prepackaged for Sale From India: Preliminary Negative Determination of Sales at Less Than Fair Value and Postponement of Final Determination
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 India are not being, or not 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 83395-83397]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26233]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-914]
Boltless Steel Shelving Units Prepackaged for Sale From India:
Preliminary Negative Determination of Sales at Less Than Fair Value and
Postponement of Final Determination
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 India are not being, or not 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: Andrew Huston, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4261.
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 and the revised deadline is now
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 Investigation, 88 FR
32188 (May 19, 2023) (Initiation Notice).
\2\ See Boltless Steel Shelving Units Prepackaged for Sales from
India, Malaysia, Taiwan, Thailand and the Socialist Republic of
Vietnam: Postponement of Preliminary Determinations in 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 included in the Preliminary Decision
Memorandum is included as Appendix 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
Negative Determination in the Less-Than-Fair-Value Investigation of
Boltless Steel Shelving Units Prepackaged for Sale from India,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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[[Page 83396]]
Scope of the Investigation
The product covered by this investigation is boltless steel
shelving from India. 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 is
preliminarily modifying 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, 62 FR 27296,
27323 (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 in
accordance with section 772(a) of the Act. Normal value (NV) is
calculated in accordance with section 773 of the Act. For a full
description of the methodology underlying the preliminary
determination, see the Preliminary Decision Memorandum.
Preliminary Determination
For the period April 1, 2022, through March 31, 2023, Commerce
preliminarily determines that the following estimated weighted-average
dumping margin exists:
------------------------------------------------------------------------
Estimated
weighted-
Exporter/producer average dumping
margin
(percent)
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Triune Technofab Private Limited....................... 0.00
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Consistent with section 733(b)(3) of the Act, Commerce disregards
de minimis rates. Accordingly, Commerce preliminarily determines that
Triune Technofab Private Limited, the company selected as a mandatory
respondent, has not made sales of subject merchandise at LTFV.
Consistent with section 733(d) of the Act, Commerce has not
calculated an estimated weighted-average dumping margin for all other
producers and exporters because it has not made an affirmative
preliminary determination of sales at LTFV.
Suspension of Liquidation
Because Commerce has made a negative preliminary determination of
sales at LTFV with regard to subject merchandise, Commerce will not
direct U.S. Customs and Border Protection to suspend liquidation or to
require a cash deposit of estimated antidumping duties for entries of
boltless steel shelving from India.
Disclosure
Commerce intends to disclose to interested parties the calculations
performed in connection with this preliminary determination 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.\7\ Rebuttal briefs, limited to issues raised in the
case briefs, may be filed not later than five days after the date for
filing case briefs.\8\ Interested parties who submit case briefs 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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\7\ Case briefs and rebuttal briefs submitted in response to
this preliminary LTFV determination should not include scope-related
issues. See Preliminary Scope Decision Memorandum.
\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
Section 735(a)(2)(B) 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.
On November 3, 2023, pursuant to 19 CFR 351.210(e), Edsal
Manufacturing
[[Page 83397]]
Co., Inc. (the petitioner) requested that Commerce postpone the final
determination and that provisional measures be extended to a period not
to exceed six months.\12\ In accordance with section 735(a)(2)(B) of
the Act and 19 CFR 351.210(b)(2)(i), because: (1) the preliminary
determination is negative; (2) the petitioner has requested the
postponement of the final determination; and (3) no compelling reasons
for denial exist, Commerce is postponing the final determination.
Because we have preliminarily determined that sales of subject
merchandise are not being sold at less than fair value, provisional
measures are not being applied to imports of subject merchandise
pursuant to section 733(d) of the Act. 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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\12\ See Petitioner's Letter, ``Petitioner's Request for
Postponement of Final Determination,'' dated November 3, 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. If the final determination is affirmative, the ITC will
determine 75 days after the final determination whether imports of
boltless steel shelving from India 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 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, 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. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2023-26233 Filed 11-28-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 29, 2023.
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