Notice2024-08372
Boltless Steel Shelving Units Prepackaged for Sale From Taiwan: 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 boltless steel shelving units prepackaged for sale (boltless steel shelving) from Taiwan are being, or are likely to be, sold in the United States at less-than-fair value (LTFV). The period of investigation is April 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 28741-28743]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-08372]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-871]
Boltless Steel Shelving Units Prepackaged for Sale From Taiwan:
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
boltless steel shelving units prepackaged for sale (boltless steel
shelving) from Taiwan are being, or are likely to be, sold in the
United States at less-than-fair value (LTFV). The period of
investigation is April 1, 2022, through March 31, 2023.
DATES: Applicable April 19, 2024.
FOR FURTHER INFORMATION CONTACT: Joy Zhang, 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) 482-1168.
SUPPLEMENTARY INFORMATION:
Background
On November 29, 2023, Commerce published in the Federal Register
its preliminary affirmative determination in this investigation, in
which we also postponed the final determination until April 12,
2024.\1\ We invited parties to comment on the Preliminary
Determination.
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\1\ See Boltless Steel Shelving Units Prepackaged for Sales from
Taiwan: Preliminary Affirmative Determination of Sales at Less Than
Fair Value, Postponement of Final Determination, and Extension of
Provisional Measures, 88 FR 83382 (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 Prepackaged for Sales from Taiwan,''
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 Taiwan. 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 cost information relied upon in
making its final determination in this investigation, in accordance
with section 782(i) of the Tariff Act of 1930, as amended (the Act).
Specifically, Commerce conducted on-site verifications of the home
market sales, U.S. sales, and cost of production responses submitted by
Taiwan Shin Yeh Enterprise Co., Ltd (Shin Yeh).\5\
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\5\ See Memoranda, ``Verification of the Sales Response of Shin
Yeh in the Antidumping Investigation of Boltless Steel Shelving
Units Prepackaged for Sale from Taiwan,'' dated February 29, 2024 ;
and ``Verification of the Cost Response of Taiwan Shin Yeh
Enterprise Co., Ltd. in the Antidumping Duty Investigation of
Boltless Steel Shelving Units Prepackaged for Sale from Taiwan,''
dated March 8, 2024.
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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 addressed in the Issues
and Decision Memorandum is attached to this notice as Appendix II.
Changes Since the Preliminary Determination
We are incorporating Shin Yeh's revised home market and U.S. sales
database submitted on January 31, 2024, which reflects changes from
minor corrections Shin Yeh submitted at verification.\6\ We also have
adjusted Shin Yeh's reported costs.\7\ These minor corrections and cost
adjustments resulted in a change to the estimated weighted-average
dumping margin calculated for Shin Yeh from the Preliminary
Determination.\8\
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\6\ See Shin Yeh's Letter, ``Shin Yeh Response to Request for
Revised Sales Data,'' dated January 31, 2024.
\7\ See Memorandum, ``Cost of Production and Constructed Value
Calculation Adjustments for the Final Determination--Taiwan Shin Yeh
Enterprise Co., Ltd.,'' dated concurrently with this memorandum
(Final Cost Calculation Memorandum).
\8\ Id., see also Memorandum, ``Final Determination Analysis
Memorandum for Shin Yeh,'' dated concurrently with this memorandum;
dated concurrently with this memorandum (Final Sales Calculation
Memorandum).
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Use of Adverse Facts Available (AFA)
As discussed in the Preliminary Determination, Commerce assigned to
a mandatory respondent in this investigation, Jin Yi Sheng Industrial
Co., Ltd. (Jin Yi Sheng) an estimated weighted-average dumping margins
on the basis of adverse facts available (AFA), pursuant to sections
776(a) and (b) of the Act.\9\ There is no new information on the record
that would cause us to revisit our decision in the Preliminary
Determination. Accordingly, for the reasons explained in the
Preliminary Determination, and consistent with Commerce's practice, as
AFA, we assigned Jin Yi Sheng the highest corroborated dumping margin
alleged in the petition.\10\
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\9\ See Preliminary Determination, 88 FR at 83383.
\10\ See Preliminary Determination PDM at 7.
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All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other
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producers and exporters not individually investigated shall be equal to
the weighted average of the estimated weighted-average dumping margins
established for exporters and producers individually investigated
excluding rates that are zero, de minimis, or determined entirely under
section 776 of the Act.
In this investigation, Commerce assigned a rate based entirely on
facts available to Jin Yi Sheng. Therefore, the only rate that is not
zero, de minimis or based entirely on facts otherwise available is the
rate calculated for Shin Yeh. Consequently, the rate calculated for
Shin Yeh is also assigned as the rate for all other producers and
exporters.
Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist for the POI:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping margin
(percent)
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Taiwan Shin Yeh Enterprise Co., Ltd..................... 8.09
Jin Yi Sheng Industrial Co., Ltd........................ * 78.12
All Others.............................................. 8.09
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* Rate based on AFA.
Disclosure
Commerce intends to disclose its calculations performed in
connection with 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, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of subject merchandise as described in Appendix I
of this notice, which were entered, or withdrawn from warehouse, for
consumption, on or after November 29, 2023, the date of publication of
the Preliminary Determination in the Federal Register.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), upon the publication of this notice, we will instruct CBP
to require a cash deposit for estimated antidumping duties for such
entries as follows: (1) the cash deposit rate for each respondent
listed in the table above is the company-specific estimated weighted-
average dumping margin listed for the respondent in the table; (2) if
the exporter is not the respondent listed in the table above, but the
producer is, then the cash deposit rate is the company-specific
estimated weighted-average dumping margin listed for the producer of
the subject merchandise in the table above; and (3) the cash deposit
rate for all other producers and exporters is the all-others estimated
weighted-average dumping margin listed in the table above.
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 Commerce's final determination
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 or sales (or the likelihood of
sales) for importation of tin mill products no later than 45 days after
this final determination. If the ITC determines that such injury does
not exist, this proceeding will be terminated, all cash deposits posted
will be refunded, 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 entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation, as discussed in the ``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 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 the terms of an APO is a violation subject to sanction.
Notification to Interested Parties
This determination and this notice are 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
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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. Period of Investigation
IV. Changes Since the Preliminary Determination
V. Discussion of the Issues
Comment 1: Shin Yeh's Proposed Minor Corrections Related to
Credit Expenses
Comment 2: Whether to Treat ``Bolted'' Shelving Units as
``Welded'' Racks for CONNUM Purposes
Comment 3: Whether to Revise Shin Yeh's Costs
Comment 4: Calculation Programming Issues
VI. Recommendation
[FR Doc. 2024-08372 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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