Notice2023-28824
Boltless Steel Shelving Units Prepackaged for Sale From Thailand: Amended Preliminary Determination of Sales at Less-Than-Fair-Value
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
January 2, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is amending the preliminary affirmative determination of sales at less-than-fair-value on boltless steel shelving units prepackaged for sale (boltless steel shelving) from Thailand to correct a significant ministerial error.
Full Text
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<title>Federal Register, Volume 89 Issue 1 (Tuesday, January 2, 2024)</title>
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[Federal Register Volume 89, Number 1 (Tuesday, January 2, 2024)]
[Notices]
[Pages 62-63]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28824]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-846]
Boltless Steel Shelving Units Prepackaged for Sale From Thailand:
Amended Preliminary Determination of Sales at Less-Than-Fair-Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is amending the
preliminary affirmative determination of sales at less-than-fair-value
on boltless steel shelving units prepackaged for sale (boltless steel
shelving) from Thailand to correct a significant ministerial error.
DATES: Applicable January 2, 2024.
FOR FURTHER INFORMATION CONTACT: Fred Baker, AD/CVD Operations, Office
VI, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: 202-482-6274.
SUPPLEMENTARY INFORMATION:
Background
On November 29, 2023, Commerce published its preliminary
affirmative determination in the less-than-fair-value investigation of
boltless steel shelving from Thailand.\1\ On December 4, 2023, we
received a timely ministerial error allegation from Siam Metal Tech
Co., Ltd. (Siam Metal) that Commerce made significant ministerial
errors in the Preliminary Determination with respect to the calculation
of Siam Metal's weighted-average dumping margin.\2\ We are amending our
preliminary determination to find that subject merchandise is not
being, or is not likely to be, sold in the United States by Siam Metal
at less than fair value (LTFV).
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\1\ See Boltless Steel Shelving Units Prepackaged for Sale from
Thailand: Preliminary Affirmative Determination of Sales at Less
Than Fair Value, Postponement of Final Determination, and Extension
of Provisional Measures, 88 FR 83389 (November 29, 2023)
(Preliminary Determination), and accompanying Preliminary Decision
Memorandum.
\2\ See Siam Metal's Letter, ``Ministerial Error Comments,''
dated December 4, 2023 (Siam Metal Ministerial Comments).
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Period of Investigation
The period of investigation (POI) is April 1, 2022, through March
31, 2023.
Scope of the Investigation
The products covered by this investigation are boltless steel
shelving units prepackaged for sale from Thailand. For a complete
description of the scope of this investigation, see appendix.
Analysis of Significant Ministerial Error Allegation
Commerce will analyze any comments received and, if appropriate,
correct any significant ministerial error by amending the preliminary
determination according to 19 CFR 351.224(e). A ministerial error is
defined in 19 CFR 351.224(f) as ``an error in addition, subtraction, or
other arithmetic function, clerical error resulting from inaccurate
copying, duplication, or the like, and any other similar type of
unintentional error which the Secretary considers ministerial.'' \3\ A
significant ministerial error is defined as a ministerial error, the
correction of which, singly or in combination with other errors, would
result in: (1) a change of at least five absolute percentage points in,
but not less than 25 percent of, the weighted average dumping margin
calculated in the original (erroneous) preliminary determination; or
(2) a difference between a weighted-average dumping margin of zero (or
de minimis) and a weighted-average dumping margin greater than de
minimis, or vice versa.\4\
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\3\ See section 735(e) of the Tariff Act of 1930, as amended
(the Act).
\4\ See 19 CFR 351.224(g).
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Amended Preliminary Determination
Pursuant to 19 CFR 351.224(e) and (g)(1), Commerce is amending the
Preliminary Determination to reflect the correction of a ministerial
error made in the calculation of the weighted-average dumping margin
for Siam Metal.\5\ Specifically, when calculating the costs, we
inadvertently used the incorrect ``Affiliated COP'' and percentage of
cost of manufacturing figures in applying the major input analysis.
Commerce finds that this ministerial error is a significant error
within the meaning of 19 CFR 351.224(g), because correction of this
error decreases Siam Metal's weighted-average dumping margin from 7.58
percent to 1.40 percent, which is a change that is at least five
absolute percentage points in, but not less than 25 percent of, the
weighted-average dumping margin calculated in the original (erroneous)
preliminary determination; furthermore, the weighted-average dumping
margin in the original Preliminary Determination was greater than de
minimis, while the corrected weighted-average dumping margin is de
minimis for Siam Metal. As such, in this amended preliminary
determination, we find that Siam Metal is not, or is not likely to,
make sales of subject merchandise at LTFV. As Siam Metal's amended
preliminary weighted-average margin is de minimis, we are also amending
the all-others rate. Consistent with section 735(c)(5)(A) of the Act,
the all-others rate will be equivalent to the rate calculated in the
Preliminary Determination for Bangkok Sheet Metal Public Co. (Bangkok
Sheet Metal), which is 2.54 percent. For a complete discussion of the
alleged ministerial errors, see the Preliminary Ministerial Error
Analysis Memo.
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\5\ See Memorandum, ``Allegation of Ministerial Errors in the
Preliminary Determination,'' dated concurrently with this notice
(Preliminary Ministerial Error Analysis Memo).
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Amended Preliminary Determination
As a result of correcting this ministerial error, Commerce
determines the following estimated weighted-average dumping margins
exits:
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Weighted-average dumping margin
Exporter Producer (percent)
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Siam Metal............................. Siam Metal..................... 1.40 (de minimis).
Bangkok Sheet Metal Public Co.......... Bangkok Sheet Metal Public Co.. 2.54.
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All-others rate 2.54.
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[[Page 63]]
Amended Cash Deposits and Suspension of Liquidation
The collection of cash deposits and suspension of liquidation will
be revised according to the rates calculated in this amended
preliminary determination, in accordance with section 773(d) of the
Act. Because we are now making a negative determination of sales at
LTFV for Siam Metal, we will instruct U.S. Customs and Border
Protection (CBP) to discontinue the suspension of liquidation of
entries of subject merchandise made by Siam Metal and to liquidate all
suspended entries without regard to antidumping duties. Because the
all-others rate decreased as a result of this amended preliminary
determination, the all others rate will be effective retroactively to
November 29, 2023, the date of publication of the Preliminary
Determination. We will also instruct CBP to issue a refund of the
difference between the amount of cash deposits paid as a result of the
application of the original Preliminary Determination cash deposit
rates and the revised amounts due as a result of the amended
preliminary determination.
Disclosure
We intend to disclose the calculations performed to parties in this
proceeding within five days after public announcement of the amended
preliminary determination, in accordance with 19 CFR 351.224(b).
International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the U.S. International Trade Commission of our amended preliminary
determination.
Notification to Interested Parties
This amended preliminary determination is issues and published
pursuant to sections 773(d) and 777(i) of the Act and 19 CFR
351.224(e).
Dated: December 22, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix--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 include 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.
[FR Doc. 2023-28824 Filed 12-29-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on January 2, 2024.
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