Notice2024-08373
Boltless Steel Shelving Units Prepackaged for Sale From Thailand: 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 Thailand 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
<html>
<head>
<title>Federal Register, Volume 89 Issue 77 (Friday, April 19, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 77 (Friday, April 19, 2024)]
[Notices]
[Pages 28738-28741]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-08373]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-846]
Boltless Steel Shelving Units Prepackaged for Sale From Thailand:
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 Thailand 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: 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) 482-2924.
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\ On January 2, 2024, Commerce published in the Federal Register
its Amended Preliminary Determination.\2\ We published a correction to
the Preliminary Determination and Amended Preliminary Determination on
January 24, 2024.\3\ We invited parties to comment on the Preliminary
Determination.
---------------------------------------------------------------------------
\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 Boltless Steel Shelving Units Prepackaged from Thailand:
Amended Preliminary Determination of Sales at Less-Than-Fair-Value,
89 FR 62 (January 2, 2024) (Amended Preliminary Determination), and
accompanying Amended Preliminary Determination Analysis Memorandum.
\3\ See Boltless Steel Shelving Units Prepackaged for Sale from
Thailand: Preliminary Affirmative Determination of Sales at Less
Than Fair Value and Amended Preliminary Determination of Sales at
Less Than Fair Value; Correction, 89 FR 4591 (January 24, 2024)
(Correction Notice).
---------------------------------------------------------------------------
A summary of the events that occurred since Commerce published the
Preliminary Determination, as well as a
[[Page 28739]]
full discussion of the issues raised by parties for this final
determination, may be found in the Issues and Decision Memorandum.\4\
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>.
---------------------------------------------------------------------------
\4\ 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
Thailand,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are boltless steel
shelving from Thailand. 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.\5\ We received comments from interested parties on the
Preliminary Scope Decision Memorandum, which we addressed in the Final
Scope Decision Memorandum.\6\ We did not make any changes to the scope
of the investigation from the scope published in the Preliminary
Determination.
---------------------------------------------------------------------------
\5\ 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).
\6\ See Memorandum, ``Antidumping Duty Investigations of
Boltless Steel Shelving Units Prepackaged for Sale from India,
Malaysia, Taiwan, Thailand, and the Socialist Republic of Vietnam:
Final Scope Decision Memorandum,'' dated April 12, 2024 (Final Scope
Decision Memorandum).
---------------------------------------------------------------------------
Verification
Commerce verified the sales and cost information submitted by
Bangkok Sheet Metal Public Co., Ltd. (Bangkok Sheet) and Siam Metal
Tech Co., Ltd. (Siam Metal) for use in our final determination,
consistent 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 and cost of production responses submitted by
Bangkok Sheet and Siam Metal. We used standard verification procedures,
including an examination of relevant sales and accounting records, and
original source documents provided by Bangkok Sheet and Siam Metal.\7\
---------------------------------------------------------------------------
\7\ See Memoranda, ``Verification of the Sales Response of
Bangkok Sheet Metal Public Co., Ltd.,'' dated March 12, 2024;
``Verification of the Sales Response of Siam Metal Tech Co., Ltd.,''
dated March 12, 2024; ``Verification of the Cost Response of Siam
Metal Tech Co., Ltd. in the Antidumping Duty Investigation of
Boltless Steel Shelving Units Prepackaged (BSS) from Thailand''
dated March 11, 2024; and, ``Verification of the Cost Response of
Bangkok Sheet Metal Public Co., Ltd. in the Antidumping Duty
Investigation of Boltless Steel Shelving Units Prepackaged from
Thailand'' dated March 12, 2024.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case briefs 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
We have made certain changes to the margin calculations for the
Bangkok Sheet and Siam Metal since the Preliminary Determination. In
addition, for both Bangkok Sheet and Siam Metal, we made changes
certain changes based on minor corrections accepted during the cost and
sales verifications. See the Issues and Decision Memorandum for a
discussion of these changes.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
not individually investigated shall be equal to the weighted average of
the estimated weighted-average dumping margins established for
individually examined exporters and producers, excluding rates that are
zero, de minimis, or determined entirely under section 776 of the Act,
i.e., facts otherwise available.
In this investigation, we calculated an individual estimated
weighted-average dumping margin for Bangkok Sheet that is not zero, de
minimis, or determined entirely on the basis of facts available.\8\ We
also calculated a dumping margin for Siam Metal that is zero.
Consequently, Commerce is assigning the estimated weighted-average
dumping margin calculated for Bangkok Sheet to all other producers and
exporters of the merchandise under consideration, pursuant to section
735(c)(5)(A) of the Act.
---------------------------------------------------------------------------
\8\ See Amended Preliminary Determination, 89 FR at 62.
---------------------------------------------------------------------------
Final Determination
The final estimated weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Estimated
weighted-
Exporter/Producer average
dumping margin
(percent)
------------------------------------------------------------------------
Bangkok Sheet Metal Public Co., Ltd..................... 2.75
Siam Metal Tech Co., Ltd................................ 0.00
All Others.............................................. 2.75
------------------------------------------------------------------------
Disclosure
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 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.
Because the estimated weighted-average dumping margin for Siam
Metal as the producer and exporter is zero, entries of shipments of
subject merchandise that are produced and exported by Siam Metal will
not be subject to suspension of liquidation or cash deposit
requirements. Accordingly, Commerce will direct CBP not to suspend
liquidation of entries of subject merchandise produced and exported by
Siam Metal. In accordance with section 735(a)(4) of the Act and 19 CFR
351.204(e)(1), should the investigation result in an antidumping duty
order pursuant to section 736 of the Act, entries of shipments of
subject merchandise from this producer/exporter combination will be
excluded from the order. However, entries of shipments of subject
merchandise from this company in any other producer/exporter
combination, or by third parties that sourced subject merchandise from
the excluded producer/exporter combination, will be subject to
suspension of liquidation at the all-others rate.
[[Page 28740]]
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), upon the publication of this notice, Commerce will instruct
CBP to require a cash deposit equal to the estimated weighted-average
dumping margin as follows: (1) the cash deposit rate for the
respondents listed in the table above is equal to the company-specific
estimated weighted-average dumping margin listed for the respondent in
the table; (2) if the exporter is not a respondent identified in the
table above but the producer is, then the cash deposit rate is equal to
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 equal to
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
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 Thailand 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 above in the ``Continuation of
Suspension of Liquidation'' section above.
Administrative Protective Order
This notice serves as the 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 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 violation subject to sanction.
Notification to Interested Parties
This 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 written 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. Scope of the Investigation
V. Changes from the Preliminary Determination
VI. Discussion of the Issues
Comment 1: Whether Commerce Should Revise Its Calculation of
Constructed Value (CV) Profit and Selling Expenses
Comment 2: Whether to Correct the Date of Sale for Siam Metal's
U.S. Sales
Comment 3: Whether Commerce Should Revise Siam Metal's and
Bangkok Sheet's Total Cost of Manufacture (TOTCOM) for the Subject
Merchandise to Reflect the Total Cost Recorded in Their Generally
Accepted Accounting Principles (GAAP)-Compliant Audited Financial
Statements
Comment 4: Whether Commerce Should Revise Its Calculation of
General and Administrative (G&A) Expenses and Interest Expenses
(INTEX)
Comment 5: Whether Commerce Should Revise the Calculation of the
Major Input Adjustment
[[Page 28741]]
Comment 6: Whether Commerce Should Revise Bangkok Sheet's G&A
Expenses to Remove the Prior Year's Bad Debt Allowance
Comment 7: Whether Commerce Should Revise Bangkok Sheet's Costs
to Correct Understated Direct Material Costs, Labor Costs, and
Should Include Allowance for Obsolete Goods
Comment 8: Whether Commerce Should Apply Its Cohen's d Test
VII. Recommendation
[FR Doc. 2024-08373 Filed 4-18-24; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on April 19, 2024.
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.