Notice2024-12566
Boltless Steel Shelving Units Prepackaged for Sale From Malaysia, Taiwan, Thailand, and the Socialist Republic of Vietnam: Amended Final Affirmative Antidumping Duty Determination for Taiwan and Antidumping Duty Orders
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
June 7, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
Based on affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing antidumping duty orders on boltless steel shelving units prepackaged for sale (boltless steel shelving) from India, Malaysia, Taiwan, Thailand, and the Socialist Republic of Vietnam (Vietnam). In addition, Commerce is amending its final determination with respect to boltless steel shelving from Taiwan to correct a ministerial error.
Full Text
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<title>Federal Register, Volume 89 Issue 111 (Friday, June 7, 2024)</title>
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[Federal Register Volume 89, Number 111 (Friday, June 7, 2024)]
[Notices]
[Pages 48555-48558]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-12566]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-824, A-583-871, A-549-846, A-552-835]
Boltless Steel Shelving Units Prepackaged for Sale From Malaysia,
Taiwan, Thailand, and the Socialist Republic of Vietnam: Amended Final
Affirmative Antidumping Duty Determination for Taiwan and Antidumping
Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the U.S.
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC), Commerce is issuing antidumping duty orders on
boltless steel shelving units prepackaged for sale (boltless steel
shelving) from India, Malaysia, Taiwan, Thailand, and the Socialist
Republic of Vietnam (Vietnam). In addition, Commerce is amending its
final determination with respect to boltless steel shelving from Taiwan
to correct a ministerial error.
DATES: Applicable June 7, 2024.
FOR FURTHER INFORMATION CONTACT: Samuel Frost (Malaysia), Joy Zhang
(Taiwan), Fred Baker (Thailand), and Eliza DeLong or Eric Hawkins
(Vietnam), AD/CVD Operations, Offices III, V, and VI, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-8180, (202) 482-1168, (202) 482-2924, and (202) 482-3878 or
(202) 482-1988, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i) of the Tariff Act of
1930, as amended (the Act), on April 19, 2024, Commerce published its
affirmative final determinations in the less-than-fair-value (LTFV)
investigations of boltless steel shelving from Malaysia, Taiwan,
Thailand, and Vietnam.\1\ In the investigation of boltless steel
shelving from Taiwan, respondent Taiwan Shin Yeh Enterprise Co., Ltd.
(Shin Yeh), submitted a timely allegation that Commerce made a
ministerial error in the final determination.\2\ We reviewed the
allegation and determined that we had made a ministerial error in the
final determination on boltless steel shelving from Taiwan. As a
result, we are amending the final determination for Taiwan. See
``Amendment to the Final Determination for Taiwan'' section below for
further discussion.
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\1\ See Boltless Steel Shelving Units Prepackaged for Sale from
Malaysia: Final Affirmative Determination of Sales at Less-Than-Fair
Value, 89 FR 28736 (April 19, 2024); Boltless Steel Shelving Units
Prepackaged for Sale from Taiwan: Final Affirmative Determination of
Sales at Less Than Fair Value, 89 FR 28741 (April 19, 2024) (Taiwan
Final Determination); Boltless Steel Shelving Units Prepackaged for
Sale from Thailand: Final Affirmative Determination of Sales at Less
Than Fair Value, 89 FR 28738 (April 19, 2024); Boltless Steel
Shelving Units Prepackaged for Sale from the Socialist Republic of
Vietnam: Final Affirmative Determination of Sales at Less-Than-Fair-
Value, 89 FR 28743 (April 19, 2024).
\2\ See Shin Yeh's Letter, ``Shin Yeh Request for Correction of
Ministerial Error,'' dated April 16, 2024 (Ministerial Error
Allegation).
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On June 3, 2024, the ITC notified Commerce of its final
determinations, pursuant to section 735(d) of the Act, that an industry
in the United States is materially injured within the meaning of
section 735(b)(1)(A)(i) of the Act by reason of LTFV imports of
boltless steel shelving from Malaysia, Taiwan, Thailand, and
Vietnam.\3\
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\3\ See ITC's Letter, Investigation No. 731-TA-1608-1611
(Final), dated June 3, 2024.
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Scope of the Orders
The products covered by these orders are boltless steel shelving
from Malaysia, Taiwan, Thailand, and Vietnam. For a complete
description of the scope of these orders, see the appendix to this
notice.
Amended Final Determination for Taiwan
On April 16, 2024, Shin Yeh timely alleged that Commerce had made a
ministerial error in the Taiwan Final Determination with respect to the
calculation of the dumping margin assigned to Shin Yeh.\4\ Edsal
Manufacturing Co., Ltd. (the petitioner) submitted rebuttal comments to
Shin Yeh's allegation on April 22, 2024.\5\ No other party made an
allegation of ministerial errors. Commerce reviewed the record and, on
May 9, 2024, agreed that the error alleged by Shin Yeh constituted a
ministerial error within the meaning of section 735(e) of the Act and
19 CFR 351.224(f).\6\ Specifically, Commerce found that it had failed
to make a correction to the commission offset variable in the margin
program that it had made in the comparison-
[[Page 48556]]
market program.\7\ Pursuant to 19 CFR 351.224(e), Commerce is amending
the Taiwan Final Determination to reflect the correction of the
ministerial error, as described in the Ministerial Error Memorandum.\8\
Based on the correction, Shin Yeh's final dumping margin changed from
8.09 to 7.03 percent. As a result, we are also revising the all-others
rate for Taiwan from 8.09 to 7.03 percent. The amended estimated
weighted-average dumping margins for Taiwan are listed in the
``Estimated Weighted-Average Dumping Margins'' section below.
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\4\ See Ministerial Error Allegation.
\5\ See Petitioner's Letter, ``Response to Shin Yeh's
Ministerial Error Allegation,'' dated April 22, 2024.
\6\ See Memorandum, ``Less-Than-Fair-Value Investigation of
Boltless Steel Shelving Units Prepackaged for Sale from Taiwan:
Allegation of Ministerial Error in the Final Determination,'' dated
May 9, 2024 (Ministerial Error Memorandum).
\7\ See Memorandum, ``Amended Final Determination Analysis
Memorandum for Shin Yeh,'' dated May 9, 2024.
\8\ Id.
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Antidumping Duty Orders
On June 3, 2024, in accordance with section 735(d) of the Act, the
ITC notified Commerce of its final determinations in these
investigations, in which it found that an industry in the United States
is materially injured by reason of imports of boltless steel shelving
from Malaysia, Taiwan, Thailand, and Vietnam. Therefore, in accordance
with section 735(c)(2) of the Act, Commerce is issuing these
antidumping orders. Because the ITC determined that imports of boltless
steel shelving from Malaysia, Taiwan, Thailand, and Vietnam are
materially injuring a U.S. industry, unliquidated entries of such
merchandise from Malaysia, Taiwan, Thailand, and Vietnam entered or
withdrawn from warehouse for consumption, are subject to the assessment
of antidumping duties.
Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, antidumping duty deposits
equal to the amount by which the normal value of the merchandise
exceeds the export price (or constructed export price) of the
merchandise, for all relevant entries of boltless steel shelving from
Malaysia, Taiwan, Thailand, and Vietnam. With the exception of entries
occurring after the expiration of the provisional measures period and
before publication of the ITC's final affirmative injury
determinations, as further described below, antidumping duties will be
assessed on unliquidated entries of boltless steel shelving from
Malaysia, Taiwan, Thailand, and Vietnam, entered, or withdrawn from
warehouse, for consumption, on or after November 29, 2023, the date of
publication of the Preliminary Determinations.\9\
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\9\ 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); Boltless
Steel Shelving Units Prepackaged for Sale 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); 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); Boltless Steel Shelving Units Prepackaged
for Sale 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) (collectively, Preliminary
Determinations). See also Boltless Steel Shelving Units Prepackaged
for Sale from Thailand: Amended Preliminary Determination of Sales
at Less-Than-Fair-Value, 89 FR 62 (January 2, 2024) and 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).
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Continuation of Suspension of Liquidation and Cash Deposits
Except as noted in the ``Provisional Measures'' section of this
notice, in accordance with section 735(c)(1)(B) of the Act, Commerce
will instruct CBP to continue to suspend liquidation on all relevant
entries of boltless steel shelving from Malaysia, Taiwan, Thailand, and
Vietnam. These instructions suspending liquidation will remain in
effect until further notice.
Commerce will also instruct CBP to require cash deposits equal to
the estimated weighted-average dumping margins indicated in the tables
below. Accordingly, effective on the date of publication in the Federal
Register of the notice of the ITC's final affirmative injury
determinations, CBP will require, at the same time as importers would
normally deposit estimated duties on subject merchandise, a cash
deposit equal to the rates listed in the table below. The all-others
rate applies to all producers or exporters not specifically listed, as
appropriate.
With respect to the order on Thailand, as indicated below, the
estimated antidumping duty margin for Siam Metal Tech Co., Ltd. (Siam
Metal) as the producer and exporter is zero. Therefore, entries of
subject merchandise that are produced and exported by Siam Metal will
not be subject to this order. Accordingly, Commerce will direct CBP not
to suspend liquidation of, or to require cash deposits of estimated
antidumping duties on, entries of subject merchandise produced and
exported by Siam Metal. Therefore, in accordance with section 735(a)(4)
of the Act and 19 CFR 351.204(e)(1), entries of subject merchandise
from this producer/exporter combination will be excluded from the
order. However, entries 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 and cash deposits of
estimated antidumping duties at the all-others rate.
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
Malaysia
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Dumping
Exporter/producer 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.
[[Page 48557]]
Taiwan
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Dumping
Exporter/producer margins
(percent)
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Taiwan Shin Yeh Enterprise Co., Ltd..................... 7.03
Jin Yi Sheng Industrial Co., Ltd........................ * 78.12
All Others.............................................. 7.03
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* Rate based on facts available with adverse inferences.
Thailand
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Dumping
Exporter/producer margins
(percent)
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Bangkok Sheet Metal Public Co., Ltd..................... 2.75
Siam Metal Tech Co., Ltd................................ 0.00
All Others.............................................. 2.75
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Vietnam
------------------------------------------------------------------------
Dumping
Exporter Producer margins
(percent)
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Xinguang (Vietnam) Logistic Xinguang (Vietnam) 181.60
Equipment Co., Ltd. Logistic Equipment
Co., Ltd.
Vietnam-Wide Entity............... * 224.94
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* Rate based on facts available with adverse inferences.
Provisional Measures
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
that Commerce extend the four-month period to no more than six months.
At the request of exporters that account for a significant proportion
of boltless steel shelving from Malaysia, Taiwan, Thailand, and
Vietnam, Commerce extended the four-month period to six months in each
of these investigations. Commerce published the Preliminary
Determinations on November 29, 2023.\10\
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\10\ Id.
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The extended provisional measures period, beginning on the date of
publication of the Preliminary Determinations, ended on May 26, 2024.
Therefore, in accordance with section 733(d) of the Act and our
practice,\11\ Commerce will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of boltless steel shelving from Malaysia, Taiwan,
Thailand, and Vietnam entered or withdrawn from warehouse, for
consumption after May 26, 2024, the final day on which the provisional
measures were in effect, until and through the day preceding the date
of publication of the ITC's final affirmative injury determinations in
the Federal Register. Suspension of liquidation and the collection of
cash deposits will resume on the date of publication of the ITC's final
determinations in the Federal Register.
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\11\ See, e.g., Certain Corrosion-Resistant Steel Products from
India, India, the People's Republic of China, the Republic of Korea
and Taiwan: Amended Final Affirmative Antidumping Determination for
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390, 48392
(July 25, 2016).
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Establishment of the Annual Inquiry Service Lists
On September 20, 2021, Commerce published the final rule titled
``Regulations to Improve Administration and Enforcement of Antidumping
and Countervailing Duty Laws'' in the Federal Register.\12\ On
September 27, 2021, Commerce also published the notice titled ``Scope
Ruling Application; Annual Inquiry Service List; and Informational
Sessions'' in the Federal Register.\13\ The Final Rule and Procedural
Guidance provide that Commerce will maintain an annual inquiry service
list for each order or suspended investigation, and any interested
party submitting a scope ruling application or request for
circumvention inquiry shall serve a copy of the application or request
on the persons on the annual inquiry service list for that order, as
well as any companion order covering the same merchandise from the same
country of origin.\14\
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\12\ See Regulations to Improve Administration and Enforcement
of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September
20, 2021) (Final Rule).
\13\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\14\ Id.
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In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at <a href="https://access.trade.gov">https://access.trade.gov</a>, within five business days of publication of the
notice of the order. Each annual inquiry service list will be saved in
ACCESS, under each case number, and under a specific segment type
called ``AISL-Annual Inquiry Service List.'' \15\
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\15\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field, which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
published in the Federal Register in January, the relevant segment
and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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[[Page 48558]]
Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the Procedural Guidance,\16\ the new annual
inquiry service list will be in place until the following year, when
the Opportunity Notice for the anniversary month of the order is
published.
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\16\ See Procedural Guidance, 86 FR at 53206.
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Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Changes or
announcements pertaining to these procedures will be posted to the
ACCESS website at <a href="https://access.trade.gov">https://access.trade.gov</a>.
Special Instructions for Petitioners and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \17\ Accordingly, as stated
above, the petitioners and foreign governments should submit their
initial entry of appearance after publication of this notice in order
to appear in the first annual inquiry service list. Pursuant to 19 CFR
351.225(n)(3), the petitioners and foreign governments will not need to
resubmit their entries of appearance each year to continue to be
included on the annual inquiry service list. However, the petitioners
and foreign governments are responsible for making amendments to their
entries of appearance during the annual update to the annual inquiry
service list in accordance with the procedures described above.
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\17\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties
This notice constitutes the antidumping duty orders with respect to
boltless steel shelving from Malaysia, Taiwan, Thailand, and Vietnam
pursuant to section 736(a) of the Act. Interested parties can find a
list of antidumping duty orders currently in effect at <a href="https://www.trade.gov/data-visualization/adcvd-proceedings">https://www.trade.gov/data-visualization/adcvd-proceedings</a>.
The amended Taiwan final determination and these antidumping duty
orders are published in accordance with sections 735(e) and 736(a) of
the Act and 19 CFR 351.224(e) and 19 CFR 351.211(b).
Dated: June 3, 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
Scope of the Orders
The scope of these orders 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 these
orders 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 these orders is dispositive.
[FR Doc. 2024-12566 Filed 6-6-24; 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.