Notice2024-08370
Boltless Steel Shelving Units Prepackaged for Sale From the Socialist Republic of Vietnam: Final Affirmative 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
April 19, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that imports of boltless steel shelving units prepackaged for sale (boltless steel shelving) from the Socialist Republic of Vietnam (Vietnam) are being, or likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is October 1, 2022, through March 31, 2023.
Full Text
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<title>Federal Register, Volume 89 Issue 77 (Friday, April 19, 2024)</title>
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[Federal Register Volume 89, Number 77 (Friday, April 19, 2024)]
[Notices]
[Pages 28743-28745]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-08370]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-835]
Boltless Steel Shelving Units Prepackaged for Sale From the
Socialist Republic of Vietnam: Final Affirmative 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) determines that
imports of boltless steel shelving units prepackaged for sale (boltless
steel shelving) from the Socialist Republic of Vietnam (Vietnam) are
being, or likely to be, sold in the United States at less than fair
value (LTFV). The period of investigation is October 1, 2022, through
March 31, 2023.
DATES: Applicable April 19, 2024.
FOR FURTHER INFORMATION CONTACT: Eliza DeLong or Eric Hawkins, 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) 482-3878 or (202) 482-1988,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 29, 2023, Commerce published in the Federal Register
its preliminary affirmative determination in the LTFV investigation of
boltless steel shelving from Vietnam.\1\ We invited parties to comment
on the Preliminary Determination.
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\1\ See Boltless Steel Shelving Units from the Socialist
Republic of Vietnam: Preliminary Affirmative Determination of Sales
at Less Than Fair Value, Postponement of Final Determination, and
Extension of Provisional Measures, 88 FR 83392 (November 29, 2023)
(Preliminary Determination), and accompanying Preliminary Decision
Memorandum (PDM).
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A summary of the events that occurred since Commerce published the
Preliminary Determination, as well as a full discussion of the issues
raised by parties for this final determination, may be found in the
Issues and Decision Memorandum.\2\ The Issues and 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 Issues
and 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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\2\ See Memorandum, ``Decision Memorandum for the Final
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Boltless Steel Shelving Units Prepackaged for Sale from the
Socialist Republic of Vietnam,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Investigation
The product covered by this investigation is boltless steel
shelving from Vietnam. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
During the course of this investigation, Commerce received scope
comments from interested parties. Commerce issued a Preliminary Scope
Decision Memorandum to address these comments and set aside a period of
time for parties to address scope issues in scope-specific case and
rebuttal briefs.\3\ We received comments from interested parties on the
Preliminary Scope Decision Memorandum, which we addressed in the Final
Scope Decision Memorandum.\4\ We did not make any changes to the scope
of the investigation from the scope published in the Preliminary
Determination.
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\3\ See Memorandum, ``Antidumping Duty Investigations of
Boltless Steel Shelving Units Prepackaged for Sale from India,
Malaysia, Taiwan, Thailand, and the Socialist Republic of Vietnam:
Preliminary Scope Decision Memorandum,'' dated November 13, 2023
(Preliminary Scope Decision Memorandum).
\4\ See Memorandum, ``Antidumping Duty Investigation of Boltless
Steel Shelving Units Prepackaged for Sale from Malaysia, Taiwan,
Thailand, and the Socialist Republic of Vietnam: Final Scope
Decision Memorandum,'' dated April 12, 2024 (Final Scope Decision
Memorandum).
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Verification
Commerce verified the sales and factors of production information
submitted by Xinguang (Vietnam) Logistic Equipment Co., Ltd (Xinguang
Vietnam) and the sales information submitted by Thanh Phong Production
and Trade Limited Company (Thanh Phong) for use in our final
determination, consistent with section 782(i) of the Tariff Act of
1930, as amended (the Act). We used standard verification procedures,
including an examination of relevant sales and accounting records, and
original source documents provided by Xinguang Vietnam and Thanh
Phong.\5\
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\5\ See Memoranda, ``Verification of the Questionnaire Responses
of Thanh Phong Production and Trade Limited Company in the Less-
Than-Fair-Value Investigation of Boltless Steel Shelving Units
Prepackaged for Sale from the Socialist Republic of Vietnam,'' dated
February 13, 2024; and ``Verification of the Questionnaire Responses
of Xinguang (Vietnam) Logistic Equipment Co., Ltd. in the Less-Than-
Fair-Value Investigation of Boltless Steel Shelving Units
Prepackaged for Sale from the Socialist Republic of Vietnam,'' dated
February 13, 2024.
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[[Page 28744]]
Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
interested parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of the issues raised is attached to
this notice as Appendix II.
Changes Since the Preliminary Determination
Based on our review and analysis of the comments received from
interested parties, we made changes to the margin calculations for
Xinguang Vietnam.\6\ For a discussion of these changes, see the Issues
and Decision Memorandum.
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\6\ See Issues and Decision Memorandum.
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Vietnam-Wide Entity and Use of Adverse Facts Available (AFA)
Consistent with the Preliminary Determination,\7\ Commerce
continues to find, pursuant to sections 776(a)(1) and (a)(2)(A)-(C) of
the Act, that the use of facts available is warranted in determining
the rate of the Vietnam-wide entity, which includes Cuong Nghia Imp.
Exp. (Cuong Nghia) and Parkway Thanh Phong Co. (Parkway), two companies
that were not selected for individual examination \8\ that did not
respond to our requests for information. Furthermore, we continue to
find that an adverse inference is warranted in selecting from the facts
otherwise available, pursuant to section 776(b) of the Act and 19 CFR
351.308(a), because the Vietnam-wide entity, including the two
companies referred to above, failed to cooperate by not acting to the
best of its ability to comply with Commerce's requests for information.
For the final determination, consistent with the Preliminary
Determination,\9\ as AFA, we are continuing to assign the Vietnam-wide
entity, including the above-referenced companies, the rate of 224.94
percent, which is the highest margin alleged in the petition.\10\
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\7\ See Preliminary Determination PDM at 6-8.
\8\ Id.
\9\ Id.
\10\ See Initiation Checklist, ``Antidumping Duty Investigation
Initiation Checklist: Boltless Steel Shelving Units Prepackaged for
Sale from the Socialist Republic of Vietnam,'' dated May 15, 2023.
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Combination Rates
Consistent with the Preliminary Determination and Policy Bulletin
05.1,\11\ Commerce calculated a combination rate for Xinguang Vietnam,
i.e., the sole respondent eligible for a separate rate.
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\11\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' dated April 5, 2005 (Policy Bulletin 05.1), available
on Commerce's website at <a href="http://enforcement.trade.gov/policy/bull05-1.pdf">http://enforcement.trade.gov/policy/bull05-1.pdf</a>.
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Final Determination
The final estimated weighted-average dumping margins are as
follows:
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Estimated
weighted-
Exporter Producer average
dumping margin
(percent)
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Xinguang (Vietnam) Logistic Xinguang (Vietnam) 181.60
Equipment Co., Ltd. Logistic Equipment
Co., Ltd.
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Vietnam-Wide Entity..................................... \12\ 224.94
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Disclosure
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\12\ The Vietnam-wide rate is based on facts available with
adverse inferences.
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Commerce intends to disclose its calculations performed to
interested parties in this final 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 the Federal Register,
in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of subject merchandise entries, as described in
Appendix I of this notice, which are entered, or withdrawn from
warehouse, for consumption on or after November 29, 2023, the date of
publication in the Federal Register of the Preliminary Determination.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), Commerce will instruct CBP to require a cash deposit equal
to the amount by which the normal value exceeds the U.S. price as
follows: (1) the cash deposit rate for the exporter/producer
combination listed in the table above will be the rate identified in
the table; (2) for all combinations of Vietnamese exporters/producers
of subject merchandise that have not received their own separate rate
above, the cash deposit rate will be the cash deposit rate established
for the Vietnam-wide entity; and (3) for all non-Vietnamese exporters
of subject merchandise which have not received their own separate rate
above, the cash deposit rate will be the cash deposit rate applicable
to the Vietnamese exporter/producer combination that supplied that non-
Vietnamese exporter. These suspension of liquidation instructions will
remain in effect until further notice.
U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its final affirmative
determination of sales at LTFV. Because the final determination in this
proceeding is affirmative, in accordance with section 735(b)(2) of the
Act, the ITC will make its final determination as to whether the
domestic industry in the United States is materially injured, or
threatened with material injury, by reason of imports of boltless steel
shelving from Vietnam no later than 45 days after this final
determination. If the ITC determines that material injury or threat of
material injury does not exist, the proceeding will be terminated and
all cash deposits will be refunded or canceled, and suspension of
liquidation will be lifted. If the ITC determines that such injury does
exist, Commerce will issue an antidumping duty order directing CBP to
assess, upon further instruction by Commerce, antidumping duties on all
imports of the subject merchandise that are entered, or withdrawn from
warehouse, for consumption on or after the effective date of the
suspension of liquidation, as discussed in the
[[Page 28745]]
``Continuation of Suspension of Liquidation'' section above.
Administrative Protective Order
This notice serves as the only 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 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 violation which is subject to
sanction.
Notification to Interested Parties
This final determination is issued and published in accordance with
sections 735(d) and 777(i) of the Act, and 19 CFR 351.210(c).
Dated: April 12, 2024.
Ryan Majerus
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the 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 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 description of the scope of
this investigation is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Changes from the Preliminary Determination
IV. Use of Facts Otherwise Available
V. Discussion of the Issues
Comment 1: Whether Thanh Phong Sold Subject Merchandise
Comment 2: Selection of Surrogate Financial Statements
Comment 3: Whether to Separately Value the Energy Factors of
Production (FOPs)
Comment 4: Surrogate Value (SV) for Hot-Rolled Steel
Comment 5: Whether Certain Raw Materials Should be Part of
Overhead
Comment 6: How to Treat Wire Fees
Comment 7: Treatment of ``Transfer'' Transactions
VI. Recommendation
[FR Doc. 2024-08370 Filed 4-18-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on April 19, 2024.
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