Notice2024-06840
Certain Metal Lockers and Parts Thereof From the People's Republic of China: Final Results of Antidumping Duty Changed Circumstances Reviews, and Revocation of the Antidumping and Countervailing Duty Orders, in Part
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Published
April 1, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is issuing the final results of changed circumstances reviews (CCRs) of the antidumping duty (AD) and countervailing duty (CVD) orders on certain metal lockers and parts thereof (metal lockers) from the People's Republic of China (China), to revoke the orders, in part, with respect to certain metal safes.
Full Text
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<title>Federal Register, Volume 89 Issue 63 (Monday, April 1, 2024)</title>
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[Federal Register Volume 89, Number 63 (Monday, April 1, 2024)]
[Notices]
[Pages 22377-22379]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-06840]
[[Page 22377]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-133, C-570-134]
Certain Metal Lockers and Parts Thereof From the People's
Republic of China: Final Results of Antidumping Duty Changed
Circumstances Reviews, and Revocation of the Antidumping and
Countervailing Duty Orders, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is issuing the
final results of changed circumstances reviews (CCRs) of the
antidumping duty (AD) and countervailing duty (CVD) orders on certain
metal lockers and parts thereof (metal lockers) from the People's
Republic of China (China), to revoke the orders, in part, with respect
to certain metal safes.
DATES: Applicable April 1, 2024.
FOR FURTHER INFORMATION CONTACT: Matthew Palmer, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1678.
SUPPLEMENTARY INFORMATION:
Background
On February 21, 2024, Commerce published its initiation and
preliminary results in the CCRs on metal lockers from China,\1\ in
which Commerce found that changed circumstances warranted revocation of
the Orders,\2\ in part, with respect to certain metal safes, with an
effective date retroactive to December 1, 2021. We provided interested
parties with the opportunity to comment and request a public hearing
regarding the Preliminary Results. Commerce did not receive any
comments from interested parties.
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\1\ See Certain Metal Lockers and Parts Thereof from the
People's Republic of China: Initiation and Preliminary Results of
Changed Circumstances Reviews, and Intent to Revoke the Antidumping
and Countervailing Duty Orders, In Part, 89 FR 14432 (February 27,
2024) (Preliminary Results).
\2\ See Certain Metal Lockers and Parts Thereof from the
People's Republic of China: Antidumping and Countervailing Duty
Orders, 86 FR 46826 (August 20, 2021) (Orders).
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Scope of the Orders
The scope of the Orders covers certain metal lockers, with or
without doors, and parts thereof (metal lockers). The subject certain
metal lockers are classified under Harmonized Tariff Schedule of the
United States (HTSUS) subheading 9403.20.0078. Parts of subject certain
metal lockers are classified under HTSUS subheading 9403.90.8041. In
addition, subject certain metal lockers may also enter under HTSUS
subheading 9403.20.0050. While HTSUS subheadings are provided for
convenience and Customs purposes, the written description of the scope
of the Orders is dispositive. For a full description of the revised
scope of the Orders, see appendix.
Final Results of Changed Circumstances Reviews and Revocation of the
Orders, in Part
Commerce did not receive comments, and as a result, continues to
determine that domestic locker producers accounting for greater than 85
percent of the domestic industry have expressed support for SA Consumer
Products (SA) and Academy, Ltd.'s (doing business as Academy Sports +
Outdoors) (Academy), requested CCRs,\3\ which includes support from
List Industries and Tennsco LLC, petitioners in the underlying
investigation,\4\ as well as other domestic locker producers.\5\ As a
result, Commerce finds that changed circumstances warrant revocation of
the Orders, in part, with respect to certain metal safes, as described
in the revised scope language, and will therefore be excluded from the
Orders.\6\ For a full explanation of our analysis please see the
Preliminary Results, which is adopted in these final results.\7\
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\3\ See Petitioners' Letter, ``Response to Request for an
Expedited Changed Circumstances Review to Amend the Scope of the
Orders,'' dated January 31, 2024 (Petitioners' Comments) at 2-3 and
Attachment 1; see also Petitioners' Letter, ``Petitioners'
Submission of Amended Domestic Industry Form,'' dated February 13,
2024 at 1-2.
\4\ See Petitioners' Comments at 1.
\5\ Id. at 2-3; see also Petitioners' Letter, ``Petitioners'
Response to First Supplemental Questionnaire,'' dated February 9,
2024, at 3 and Attachment 1.
\6\ See Appendix.
\7\ See Preliminary Results.
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Application of the Final Results of These Reviews
SA and Academy requested that Commerce apply the final results of
these reviews retroactively to December 1, 2021.\8\ Commerce has
discretion to determine the applicable date of the determination
pursuant to section 751(d)(3) of the Tariff Act of 1930, as amended
(the Act), which provides that ``{a{time} determination under this
section to revoke an order . . . shall apply with respect to
unliquidated entries of the subject merchandise which are entered, or
withdrawn from warehouse, for consumption on or after the date
determined by the administering authority.'' Furthermore, we note that
substantially all of the domestic industry, which is in support of the
partial revocation, also agrees with applying the partial revocation
retroactively to December 1, 2021. Thus, because all parties agree, and
Commerce has no administrability concerns with the proposed effective
date of the partial revocation being December 1, 2021, the final
results of these CCRs are applicable, effective December 1, 2021. For a
full explanation of our analysis please see the Preliminary Results.\9\
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\8\ See Petitioners' Comments at 2.
\9\ See Preliminary Results.
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Instructions to U.S. Customs and Border Protection (CBP)
Because we determine there are changed circumstances that warrant
the revocation of on Orders, in part, we will instruct CBP to liquidate
without regard to antidumping and countervailing duties, and to refund
any estimated antidumping and countervailing duties on all unliquidated
entries of the merchandise covered by this partial revocation,
effective December 1, 2021.
Commerce intends to issue instructions to CBP no earlier than 35
days after the date of publication of these final results of CCRs in
the Federal Register. If a timely summons is filed at the U.S. Court of
International Trade, the instructions will direct CBP not to liquidate
relevant entries until the time for parties to file a request for a
statutory injunction has expired (i.e., within 90 days of publication).
Administrative Protective Order
This notice serves as a final reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a sanctionable
violation.
Notification to Interested Parties
This notice is published in accordance with sections 751(b)(1) and
777(i) of the Act, 19 CFR 351.216, 19 CFR 351.221(c)(3) and 19 CFR
351.222.
[[Page 22378]]
Dated: March 26, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary For Enforcement and Compliance.
Appendix
Revised Scope of the Orders
The scope of the Orders covers certain metal lockers, with or
without doors, and parts thereof (metal lockers). The subject metal
lockers are secure metal storage devices less than 27 inches wide
and less than 27 inches deep, whether floor standing, installed onto
a base or wall-mounted. In a multiple locker assembly (whether a
welded locker unit, otherwise assembled locker unit or knocked down
unit or kit), the width measurement shall be based on the width of
an individual locker not the overall unit dimensions. All
measurements in this scope are based on actual measurements taken on
the outside dimensions of the single-locker unit. The height is the
vertical measurement from the bottom to the top of the unit. The
width is the horizontal (side to side) measurement of the front of
the unit, and the front of the unit is the face with the door or
doors or the opening for internal access of the unit if configured
without a door. The depth is the measurement from the front to the
back of the unit. The subject certain metal lockers typically
include the bodies (back, side, shelf, top and bottom panels), door
frames with or without doors which can be integrated into the sides
or made separately, and doors.
The subject metal lockers typically are made of flat-rolled
metal, metal mesh and/or expanded metal, which includes but is not
limited to alloy or non-alloy steel (whether or not galvanized or
otherwise metallically coated for corrosion resistance), stainless
steel, or aluminum, but the doors may also include transparent
polycarbonate, Plexiglas or similar transparent material or any
combination thereof. Metal mesh refers to both wire mesh and
expanded metal mesh. Wire mesh is a wire product in which the
horizontal and transverse wires are welded at the cross-section in a
grid pattern. Expanded metal mesh is made by slitting and stretching
metal sheets to make a screen of diamond or other shaped openings.
Where the product has doors, the doors are typically configured
with or for a handle or other device or other means that permit the
use of a mechanical or electronic lock or locking mechanism,
including, but not limited to: A combination lock, a padlock, a key
lock (including cylinder locks) lever or knob lock, electronic key
pad, or other electronic or wireless lock. The handle and locking
mechanism, if included, need not be integrated into one another. The
subject locker may or may not also enter with the lock or locking
device included or installed. The doors or body panels may also
include vents (including wire mesh or expanded metal mesh vents) or
perforations. The bodies, body components and doors are typically
powder coated, otherwise painted or epoxy coated or may be
unpainted. The subject merchandise includes metal lockers imported
either as welded or otherwise assembled units (ready for
installation or use) or as knocked down units or kits (requiring
assembly prior to installation or use).
The subject lockers may be shipped as individual or multiple
locker units preassembled, welded, or combined into banks or tiers
for ease of installation or as sets of component parts, bulk packed
(i.e., all backs in one package, crate, rack, carton or container
and sides in another package, crate, rack, carton or container) or
any combination thereof. The knocked down lockers are shipped
unassembled requiring a supplier, contractor or end-user to assemble
the individual lockers and locker banks prior to installation.
The scope also includes all parts and components of lockers made
from flat-rolled metal or expanded metal (e.g., doors, frames,
shelves, tops, bottoms, backs, side panels, etc.) as well as
accessories that are attached to the lockers when installed
(including, but not limited to, slope tops, bases, expansion filler
panels, dividers, recess trim, decorative end panels, and end caps)
that may be imported together with lockers or other locker
components or on their own. The particular accessories listed for
illustrative purposes are defined as follows:
a. Slope tops: Slope tops are slanted metal panels or units that
fit on the tops of the lockers and that slope from back to front to
prevent the accumulation of dust and debris on top of the locker and
to discourage the use of the tops of lockers as storage areas. Slope
tops come in various configurations including, but not limited to,
unit slope tops (in place of flat tops), slope hoods made of a back,
top and end pieces which fit over multiple units and convert flat
tops to a sloping tops, and slope top kits that convert flat tops to
sloping tops and include tops, backs and ends.
b. Bases: Locker bases are panels made from flat-rolled metal
that either conceal the legs of the locker unit, or for lockers
without legs, provide a toe space in the front of the locker and
conceal the flanges for floor anchoring.
c. Expansion filler panel: Expansion filler panels or fillers
are metal panels that attach to locker units to cover columns, pipes
or other obstacles in a row of lockers or fill in gaps between the
locker and the wall. Fillers may also include metal panels that are
used on the sides or the top of the lockers to fill gaps.
d. Dividers: Dividers are metal panels that divide the space
within a locker unit into different storage areas.
e. Recess trim: Recess trim is a narrow metal trim that bridges
the gap between lockers and walls or soffits when lockers are
recessed into a wall.
f. Decorative end panels: End panels fit onto the exposed ends
of locker units to cover holes, bolts, nuts, screws and other
fasteners. They typically are painted to match the lockers.
g. End caps: End caps fit onto the exposed ends of locker units
to cover holes, bolts, nuts, screws and other fasteners.
The scope also includes all hardware for assembly and
installation of the lockers and locker banks that are imported with
or shipped, invoiced, or sold with the imported locker or locker
system except the lock.
Excluded from the scope are wire mesh lockers. Wire mesh lockers
are those with each of the following characteristics:
(1) At least three sides, including the door, made from wire
mesh;
(2) the width and depth each exceed 25 inches; and
(3) the height exceeds 90 inches.
Also excluded are lockers with bodies made entirely of plastic,
wood, or any nonmetallic material.
Also excluded are exchange lockers with multiple individual
locking doors mounted on one master locking door to access multiple
units. Excluded exchange lockers have multiple individual storage
spaces, typically arranged in tiers, with access doors for each of
the multiple individual storage space mounted on a single frame that
can be swung open to allow access to all of the individual storage
spaces at once. For example, uniform or garment exchange lockers are
designed for the distinct function of securely and hygienically
exchanging clean and soiled uniforms. Thus, excluded exchange
lockers are a multi-access point locker whereas covered lockers are
a single access point locker for personal storage. The excluded
exchange lockers include assembled exchange lockers and those that
enter in `knock down' form in which all of the parts and components
to assemble a completed exchange locker unit are packaged together.
Parts for exchange lockers that are imported separately from the
exchange lockers in `knock down' form are not excluded.
Also excluded are metal lockers that are imported with an
installed electronic, internet-enabled locking device that permits
communication or connection between the locker's locking device and
other internet connected devices.
Also excluded are locks and hardware and accessories for
assembly and installation of the lockers, locker banks and storage
systems that are separately imported in bulk and are not
incorporated into a locker, locker system or knocked down kit at the
time of importation. Such excluded hardware and accessories include
but are not limited to locks and bulk imported rivets, nuts, bolts,
hinges, door handles, door/frame latching components, and coat
hooks. Accessories of sheet metal, including but not limited to end
panels, bases, dividers and sloping tops, are not excluded
accessories.
Mobile tool chest attachments that meet the physical description
above are covered by the scope of the Orders, unless such
attachments are covered by the scope of the Orders on certain tool
chests and cabinets from China. If the Orders on certain tool chests
and cabinets from China are revoked, the mobile tool chest
attachments from China will be covered by the scope of the Orders.
The scope also excludes metal safes with each of the following
characteristics: (1) Pry resistant, concealed hinges; (2) body walls
and doors of steel that are at least 17 gauge (0.05625 inch or
1.42874 mm thick); and (3) an integrated locking mechanism that
includes at least two round steel bolts 0.75 inch (19 mm) or larger
in diameter; or three bolts 0.70 inch (17.78 mm) or more in
diameter; or four or more bolts at least 0.60
[[Page 22379]]
inch (15.24 mm) or more in diameter, that project from the door into
the body or frame of the safe when in the locked position.
The scope also excludes metal safes with each of the following
characteristics:
(1) Pry resistant hinges, whether concealed or external.
External hinges must be accompanied by solid steel inactive bolts
(minimum 0.75 inch (19 mm) diameter) or plates (minimum 0.177 inch
(4.5 mm) thickness), welded or bolted to the door and protrude into
the safe and into or behind the door frame by at least 0.39 inches
(10 mm) to prevent the physical removal or opening of the door;
(2) body walls and doors made of steel that is at least 17 gauge
(0.05625 inch or 1.42874 mm thick);
(3) an integrated locking mechanism that includes one of the
following: (a) at least two round steel active bolts 0.75 inch (19
mm) or larger in diameter; (b) three or more steel active bolts 0.70
inch (17.78 mm) or more in diameter; (c) four or more steel active
bolts at least 0.60 inch (15.24 mm) or more in diameter; or (d) four
or more flat steel locking plates (at least two active and two
inactive) of a minimum of 0.177 inch (4.5 mm) in thickness and
minimum height of 1.57 inches (40 mm), that extend out from the door
by at least 0.78 inches (20 mm). The bolts or plates must project
from the door, into the safe, and into or behind the door frame by
at least 0.39 inches (10 mm) to prevent the physical removal or
opening of the door; and
(4) made of a welded body construction and enter the United
States fully assembled.
The scope also excludes gun safes meeting each of the following
requirements:
(1) Shall be able to fully contain firearms and provide for
their secure storage.
(2) Shall have a locking system consisting of at minimum a
mechanical or electronic combination lock. The mechanical or
electronic combination lock utilized by the safe shall have at least
10,000 possible combinations consisting of a minimum three numbers,
letters, or symbols. The lock shall be protected by a casehardened
(Rc 60+) drill-resistant steel plate, or drill-resistant material of
equivalent strength.
(3) Boltwork shall consist of a minimum of three steel locking
bolts of at least \1/2\ inch thickness that intrude from the door of
the safe into the body of the safe or from the body of the safe into
the door of the safe, which are operated by a separate handle and
secured by the lock.
(4) The exterior walls shall be constructed of a minimum 12-
gauge thick steel for a single-walled safe, or the sum of the steel
walls shall add up to at least 0.100 inches for safes with walls
made from two pieces of flat-rolled steel.
(5) Doors shall be constructed of a minimum one layer of 7-gauge
steel plate reinforced construction or at least two layers of a
minimum 12-gauge steel compound construction.
(6) Door hinges shall be protected to prevent the removal of the
door. Protective features include, but are not limited to: Hinges
not exposed to the outside, interlocking door designs, dead bars,
jeweler's lugs and active or inactive locking bolts.
The scope also excludes gun safes meeting each of the following
requirements:
(1) Shall be able to fully contain firearms and provide for
their secure storage.
(2) Shall have a locking system consisting of at minimum a
mechanical or electronic combination lock with a lock body that is
integrated into the door of the safe. The mechanical or electronic
combination lock utilized by the safe shall have at least 10,000
possible combinations consisting of a minimum three numbers,
letters, or symbols.
(3) Bolt work shall consist of a minimum of three steel locking
bolts of at least \1/2\-inch diameter that intrude from the door of
the safe into the body of the safe or from the body of the safe into
the door of the safe, which are operated by a separate handle and
secured by the lock.
(4) The exterior walls (inclusive of the floor and top) shall be
constructed of a minimum 14-gauge thick steel and shall be lined
with one or more layers of fire-retardant gypsum board bonded,
affixed with brackets or otherwise securely attached to the exterior
walls. The fire retardant gypsum board shall be at least 15 mm in
thickness for a single layer or shall sum to at least 19 mm in
thickness where multiple layers are combined together.
(5) Doors shall be constructed of a minimum of one layer of 14-
gauge steel lined with a minimum of one layer of 15 mm thick, fire-
retardant gypsum board bonded, affixed with brackets or otherwise
securely attached to the door. The doors shall fit into jambs
equipped with a fire seal fitted completely around the door frame
consisting of a hydrated sodium silicate encapsulated in a plastic
film or sleeve that, when heat-activated by temperatures of over 210
degrees, expands to cover the space between the jambs and door,
providing a barrier to prevent the intrusion of flames, gas, or
smoke into the safe.
(6) Door hinges shall be protected to prevent the removal of the
door. Protective features include but are not limited to: hinges not
exposed to the outside, interlocking door designs, dead bars,
jeweler's lugs and active or inactive locking bolts.
(7) The excluded safe must be imported in the fully assembled
condition.
The scope also excludes metal storage devices that (1) have two
or more exterior exposed drawers regardless of the height of the
unit, or (2) are no more than 30 inches tall and have at least one
exterior exposed drawer.
Also excluded from the scope are free standing metal cabinets
less than 30 inches tall with a single opening, single door and an
installed tabletop.
The scope also excludes metal storage devices less than 27
inches wide and deep that: (1) Have two doors hinged on the right
and left side of the door frame respectively covering a single
opening and that open from the middle toward the outer frame; or (2)
are free standing or wall-mounted, single-opening units 20 inches or
less high with a single door.
The subject certain metal lockers are classified under
Harmonized Tariff Schedule of the United States (HTSUS) subheading
9403.20.0078. Parts of subject certain metal lockers are classified
under HTS subheading 9403.90.8041. In addition, subject certain
metal lockers may also enter under HTS subheading 9403.20.0050.
While HTSUS subheadings are provided for convenience and Customs
purposes, the written description of the scope of the Orders is
dispositive.
[FR Doc. 2024-06840 Filed 3-29-24; 8:45 am]
BILLING CODE 3510-DS-P
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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.