Notice2024-08374
Boltless Steel Shelving Units Prepackaged for Sale From Malaysia: 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 Malaysia 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 28736-28738]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-08374]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-824]
Boltless Steel Shelving Units Prepackaged for Sale From Malaysia:
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 Malaysia 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: Samuel Frost, 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) 482-8180.
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 Sale from
Malaysia: Preliminary Affirmative Determination of Sales at Less
Than Fair Value, Postponement of Final Determination, and Extension
of Provisional Measures, 88 FR 83386 (November 29, 2023)
(Preliminary Determination), and accompanying Preliminary Decision
Memorandum.
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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 of Sales at Less-Than-Fair-Value Boltless
Steel Shelving Units Prepackaged for Sale from Malaysia,'' 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 Malaysia. 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
In the Preliminary Determination, Commerce stated that it intended
to verify the information relied upon in making its final
determination.\5\ However, due to circumstances discussed in the Issues
and Decision Memorandum, Commerce declined to conduct any verifications
in this investigation.\6\
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\5\ See Preliminary Determination, 88 FR at 83388.
\6\ See Issues and Decision Memorandum at Comment 1.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs 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 since the Preliminary Determination.
For a discussion of these changes, see the Issues and Decision
Memorandum.
Use of Adverse Facts Available
As discussed in the Preliminary Determination, Commerce assigned to
certain mandatory respondents in this investigation, Nanjing Chervon
Industry Co., Ltd. (Nanjing Chervon) and Wuxi Bote Electrical Apparatus
Co., Ltd. (Wuxi Bote), estimated weighted-average dumping margins on
the basis of adverse facts available (AFA), pursuant to sections 776(a)
and (b) of the Tariff Act of 1930, as amended (the Act).\7\ There is no
new information on the record that would cause us to revisit our
decision in the Preliminary Determination. Accordingly, for this final
determination, we continue to find that the application of AFA pursuant
to sections 776(a) and (b) of the Act is warranted with respect to
Nanjing Chervon and Wuxi Bote.
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\7\ See Preliminary Determination, 88 FR at 83387.
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Moreover, in the Preliminary Determination, Commerce calculated an
estimated weighted-average dumping margin of zero for Eonmetall
Industries Sdn. Bhd. (EMI).\8\ However, following the Preliminary
Determination, we determined that information submitted by EMI in this
investigation is unverifiable.\9\ Therefore, as explained in the Issues
and Decision Memorandum, we find that EMI failed to provide verifiable
information and did not cooperate to the best of its ability in this
proceeding. As such, for this final determination, we determine it is
also appropriate to apply a dumping margin based on AFA to EMI, in
accordance with sections 776(a) and (b) of the Act. For further
discussion, see the Issues and Decision Memorandum.
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\8\ Id.
\9\ See Memorandum, ``Verification Cancellation and
Establishment of Briefing Schedule,'' dated January 22, 2024.
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[[Page 28737]]
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
exporters and producers individually investigated excluding rates that
are zero, de minimis, or determined entirely under section 776 of the
Act.
Pursuant to section 735(c)(5)(B) of the Act, if the estimated
weighted-average dumping margins established for all exporters and
producers individually examined are zero, de minimis or determined
based entirely on facts otherwise available, Commerce may use any
reasonable method to establish the estimated weighted-average dumping
margin for all other producers or exporters. Consequently, pursuant to
section 735(c)(5)(B) of the Act, Commerce's normal practice under these
circumstances has been to calculate the all-others rate as a simple
average of the alleged dumping margins(s) from the petition.\10\ In the
Petition, the petitioner provided two dumping margins, 35.45 percent
and 81.12 percent.\11\ Therefore, in the absence of any estimated
weighted-average dumping margin on the record of this investigation
that is not zero, de minimis, or determined entirely under section 776
of the Act, we are assigning the simple average of the two dumping
margins in the Initiation Checklist, i.e., 58.29 percent, as the all-
others rate.\12\
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\10\ See, e.g., Notice of Preliminary Determination of Sales at
Less Than Fair Value: Sodium Nitrite from the Federal Republic of
Germany, 73 FR 21909, 21912 (April 23, 2008), unchanged in Notice of
Final Determination of Sales at Less Than Fair Value: Sodium Nitrite
from the Federal Republic of Germany, 73 FR 38986, 38987 (July 8,
2008), and accompanying Issues and Decision Memorandum at Comment 2;
see also Notice of Final Determination of Sales at Less Than Fair
Value: Raw Flexible Magnets from Taiwan, 73 FR 39673, 39674 (July
10, 2008); and Steel Threaded Rod from Thailand: Preliminary
Determination of Sales at Less Than Fair Value and Affirmative
Preliminary Determination of Critical Circumstances, 78 FR 79670,
79671 (December 31, 2013), unchanged in Steel Threaded Rod from
Thailand: Final Determination of Sales at Less Than Fair Value and
Affirmative Final Determination of Critical Circumstances, 79 FR
14476, 14477 (March 14, 2014).
\11\ See Edsal Manufacturing Co., Inc. (Petitioner)'s Letter,
``Boltless Steel Shelving Units Prepackaged for Sale from India,
Malaysia, Taiwan, Thailand, and Vietnam--Petition for the Imposition
of Antidumping Duties'' dated April 25, 2023 (Petition) at Volume
III; see also Petitioner's Letter, ``Boltless Steel Shelving Units
Prepackaged for Sale from Malaysia--Petitioner's Response to the
Department's Second Supplemental Questionnaire Regarding Volume III
of the Petition for the Imposition of Antidumping Duties on Imports
from Malaysia,'' dated May 8, 2023.
\12\ See Checklist, ``Antidumping Duty Investigation Initiation
Checklist: Boltless Steel Shelving Units Prepackaged for Sale from
Malaysia,'' dated May 15, 2023 (Initiation Checklist), at 7.
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Final Determination
The final estimated dumping margins are as follows:
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Estimated
dumping
Producer/exporter margins
(percent)
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Eonmetall Industries Sdn. Bhd........................... * 81.12
Nanjing Chervon Industry Co., Ltd....................... * 81.12
Wuxi Bote Electrical Apparatus Co., Ltd................. * 81.12
All Others.............................................. 58.29
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* Rate based on facts available with adverse inferences.
Disclosure
Normally, Commerce will disclose to the parties in a proceeding the
calculations performed in connection with a 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 the notice
of final determination in the Federal Register, in accordance with 19
CFR 351.224(b). However, because Commerce relied solely on the
application of AFA for the mandatory respondents in this investigation,
there are no calculations to disclose for this final determination.
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, except for those
entries of subject merchandise produced and exported by EMI.
In accordance with section 735(c)(1)(B) of the Act, for EMI,
Commerce will direct CBP to suspend liquidation of all subject
merchandise as described in Appendix I of this notice, which were
entered, or withdrawn from warehouse, for consumption, on or after the
date of publication of this notice in the Federal Register.\13\
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\13\ For additional discussion of this issue, see the Issues and
Decision Memorandum at Comment 2.
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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 estimated weighted-average dumping margin or the estimated all-
others rate, as follows: (1) the cash deposit rate for the respondents
listed above will be equal to the company-specific estimated dumping
margins determined in this final determination; (2) if the exporter is
not a respondent identified above but the producer is, then the cash
deposit rate will be equal to the company-specific estimated dumping
margin established for that producer of the subject merchandise; and
(3) the cash deposit rate for all other producers and exporters will be
equal to the all-others estimated dumping margin.
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, we will notify the
U.S. International Trade Commission (ITC) of our 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 Malaysia 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 ``Suspension of
Liquidation'' section.
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 the return or destruction of APO materials or
conversion to judicial protective order is
[[Page 28738]]
hereby requested. Failure to comply with the regulations and terms of
an APO is a sanctionable violation.
Notification to Interested Parties
This final determination and 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 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. Changes From the Preliminary Determination
IV. Use of Facts Otherwise Available and Adverse Inference
V. Discussion of the Issues
Comment 1: Whether Commerce's Post-Preliminary Decision to
Cancel Verification and Apply Adverse Facts Available (AFA) to EMI
was Appropriate
Comment 2: Whether Commerce Should Order Suspension of
Liquidation of EMI's Entries Dating Back to the Preliminary
Determination
VI. Recommendation
[FR Doc. 2024-08374 Filed 4-18-24; 8:45 am]
BILLING CODE 3510-DS-P
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