Notice2025-02443
Temporary Steel Fencing From the People's Republic of China: Initiation of Countervailing Duty Investigation
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
February 11, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 90 Issue 27 (Tuesday, February 11, 2025)</title>
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[Federal Register Volume 90, Number 27 (Tuesday, February 11, 2025)]
[Notices]
[Pages 9311-9315]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-02443]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-199]
Temporary Steel Fencing From the People's Republic of China:
Initiation of Countervailing Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable February 4, 2025.
FOR FURTHER INFORMATION CONTACT: Janae Martin, Office VI, AD/CVD
Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0238.
SUPPLEMENTARY INFORMATION:
The Petition
On January 15, 2025, the U.S. Department of Commerce (Commerce)
received a countervailing duty (CVD) petition concerning imports of
temporary steel fencing from the People's Republic of China (China)
filed in proper form on behalf of ZND US Inc. (the petitioner), a U.S.
producer of temporary steel fencing.\1\ The CVD Petition was
accompanied by an antidumping duty (AD) petition concerning imports of
temporary steel fencing from China.\2\
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\1\ See Petitioner's Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties,'' dated January 15, 2025
(Petition).
\2\ Id.
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Between January 17 and 29, 2025, Commerce requested supplemental
information pertaining to certain aspects of the Petition in
supplemental questionnaires.\3\ Between January 22 and 31, 2025, the
petitioner filed timely responses to these requests for additional
information.\4\
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\3\ See Commerce's Letters, ``Supplemental Questions,'' dated
January 17, 2025 (First General Issues Questionnaire);
``Supplemental Questions,'' dated January 22, 2025; ``Supplemental
Questions,'' dated January 28, 2025; and ``Supplemental Questions,''
dated January 29, 2025 (Second General Issues Questionnaire).
\4\ See Petitioner's Letters, ``Petitioner's Response to
Commerce's Supplemental Questions,'' dated January 22, 2025 (First
General Issues Supplement); ``Petitioner's Response to Commerce's
Supplemental Questions,'' dated January 27, 2025; ``Petitioner's
Second Response to Commerce's Supplemental Question,'' dated January
30, 2025; and ``Petitioner's Response to Commerce's Supplemental
Questions,'' dated January 31, 2025 (Second General Issues
Supplement).
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In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that the Government of China
(GOC) is providing countervailable subsidies, within the meaning of
sections 701 and 771(5) of the Act, to producers of temporary steel
fencing in China, and that such imports are materially injuring, or
threatening material injury to, the domestic industry producing
temporary steel fencing in the United States. Consistent with section
702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged programs
on which we are initiating a CVD investigation, the Petition was
accompanied by information reasonably available to the petitioner
supporting its allegations.
Commerce finds that the petitioner filed the Petition on behalf of
the domestic industry, because the petitioner is an interested party,
as defined in section 771(9)(C) of the Act. Commerce also finds that
the petitioner demonstrated sufficient industry support with respect to
the initiation of the requested CVD investigation.\5\
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\5\ See section on ``Determination of Industry Support for the
Petition,'' infra.
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Period of Investigation
Because the Petition was filed on January 15, 2025, the period of
investigation for the CVD investigation is January 1, 2024, through
December 31, 2024.\6\
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\6\ See 19 CFR 351.204(b)(2).
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Scope of the Investigation
The product covered by this investigation is temporary steel
fencing from China. For a full description of the scope of this
investigation, see the appendix to this notice.
Comments on the Scope of the Investigation
On January 17 and 29, 2025, Commerce requested information and
clarification from the petitioner regarding the proposed scope to
ensure that the scope language in the Petition is an accurate
reflection of the products for which the domestic industry is seeking
relief.\7\ On January 22 and 31, 2025, the petitioner provided
clarifications and revised the scope.\8\ The description of merchandise
covered by this investigation, as described in the appendix to this
notice, reflects these clarifications.
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\7\ See First General Issues Questionnaire; see also Second
General Issues Questionnaire.
\8\ See First General Issues Supplement at I-Supp-2 through I-
Supp-9 and Exhibits I-4-Supp and I-14-Supp through I-19-Supp; see
also Second General Issues Supplement at 1-2 and Exhibits I-4-Supp
2, I-22-Supp 2, and I-23-Supp 2.
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As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage
[[Page 9312]]
(i.e., scope).\9\ Commerce will consider all comments received from
interested parties and, if necessary, will consult with interested
parties prior to the issuance of the preliminary determination. If
scope comments include factual information, all such factual
information should be limited to public information.\10\ To facilitate
preparation of its questionnaires, Commerce requests that scope
comments be submitted by 5:00 p.m. Eastern Time (ET) on February 24,
2025, which is 20 calendar days from the signature date of this notice.
Any rebuttal comments, which may include factual information, and
should also be limited to public information, must be filed by 5:00
p.m. ET on March 6, 2025, which is 10 calendar days from the initial
comment deadline.
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\9\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\10\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
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Commerce requests that any factual information that parties
consider relevant to the scope of the investigation be submitted during
that time period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigation may be relevant, the party must contact Commerce and
request permission to submit the additional information. All scope
comments must be filed simultaneously on the records of the concurrent
AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\11\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
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\11\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014), for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at <a href="https://access.trade.gov/help.aspx">https://access.trade.gov/help.aspx</a> and a handbook
can be found at <a href="https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf">https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf</a>.
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Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified the GOC of the receipt of the Petition and provided an
opportunity for consultations with respect to the Petition.\12\ The GOC
did not request consultations.\13\
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\12\ See Commerce's Letter, ``Invitation for Consultation to
Discuss the Countervailing Duty Petition,'' dated January 15, 2025.
\13\ The GOC submitted comments on the CVD petition. See GOC's
Letter, ``Comments on Countervailing Duty Petition,'' dated January
27, 2025.
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Determination of Industry Support for the Petition
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission (ITC),
which is responsible for determining whether ``the domestic industry''
has been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC apply the same statutory definition regarding the domestic like
product,\14\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\15\
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\14\ See section 771(10) of the Act.
\15\ See USEC, Inc. v. United States, 132 F.Supp.2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.Supp.
639, 644 (CIT 1988), aff'd Algoma Steel Corp., Ltd. v. United
States, 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigation.\16\ Based on our analysis of the information
submitted on the record, we have determined that temporary steel
fencing, as defined in the scope, constitutes a single domestic like
product, and we have analyzed industry support in terms of that
domestic like product.\17\
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\16\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Checklist, ``Countervailing Duty Investigation Initiation Checklist:
Temporary Steel Fencing from the People's Republic of China,'' dated
concurrently with, and hereby adopted by, this notice (China CVD
Initiation Checklist), at Attachment II, Analysis of Industry
Support for the Antidumping and Countervailing Duty Petitions
Covering Temporary Steel Fencing from the People's Republic of China
(Attachment II). This checklist is on file electronically via
ACCESS.
\17\ See Attachment II of the China CVD Initiation Checklist.
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In determining whether the petitioner has standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' in the appendix to
this notice. To establish industry support, the petitioner provided the
2024 production of the domestic like product for the U.S. producers
that support the Petition and compared this to the estimated total
production of the domestic like product in 2024 by the entire U.S.
temporary steel fencing industry.\18\ We relied on data provided by the
petitioner for purposes of measuring industry support.\19\
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\18\ Id.
\19\ For further discussion, see Attachment II of the China CVD
Initiation Checklist.
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Our review of the data provided in the Petition and other
information readily available to Commerce indicates that the petitioner
has established industry support for the Petition.\20\ First, the
Petition established support from domestic producers (or workers)
accounting for more than 50 percent of the total production of the
domestic like product and, as such, Commerce is not
[[Page 9313]]
required to take further action in order to evaluate industry support
(e.g., polling).\21\ Second, the domestic producers (or workers) have
met the statutory criteria for industry support under section
702(c)(4)(A)(i) of the Act because the domestic producers (or workers)
who support the Petition account for at least 25 percent of the total
production of the domestic like product.\22\ Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 702(c)(4)(A)(ii) of the Act because the domestic
producers (or workers) who support the Petition account for more than
50 percent of the production of the domestic like product produced by
that portion of the industry expressing support for, or opposition to,
the Petition.\23\ Accordingly, Commerce determines that the Petition
was filed on behalf of the domestic industry within the meaning of
section 702(b)(1) of the Act.\24\
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\20\ Id.
\21\ Id.; see also section 702(c)(4)(D) of the Act.
\22\ See Attachment II of the China CVD Initiation Checklist.
\23\ Id.
\24\ Id.
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Injury Test
Because China is a ``Subsidies Agreement Country'' within the
meaning of section 701(b) of the Act, section 701(a)(2) of the Act
applies to this investigation. Accordingly, the ITC must determine
whether imports of the subject merchandise from China materially
injure, or threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that imports of the subject merchandise are
benefiting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioner
alleges that subject imports from China exceed the negligibility
threshold provided for under section 771(24)(A) of the Act.\25\
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\25\ For further information regarding negligibility and the
injury allegation, see China CVD Initiation Checklist at Attachment
III, Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Temporary Steel Fencing from the People's Republic of China
(Attachment III).
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The petitioner contends that the industry's injured condition is
illustrated by the significant volume and market share of subject
imports; underselling and price depression and/or suppression; lost
sales and revenues; and declines in the domestic industry's production,
capacity utilization, employment variables, and financial
performances.\26\ We assessed the allegations and supporting evidence
regarding material injury, threat of material injury, causation,
cumulation, as well as negligibility, and we have determined that these
allegations are properly supported by adequate evidence and meet the
statutory requirements for initiation.\27\
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\26\ Id.
\27\ Id.
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Initiation of CVD Investigation
Based upon the examination of the Petition and supplemental
responses, we find that they meet the requirements of section 702 of
the Act. Therefore, we are initiating a CVD investigation to determine
whether imports of temporary steel fencing from China benefit from
countervailable subsidies conferred by the GOC. In accordance with
section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless
postponed, we will make our preliminary determination no later than 65
days after the date of this initiation.
Based on our review of the Petition, we find that there is
sufficient information to initiate a CVD investigation on 28 of the 30
programs alleged by the petitioner. For a full discussion of the basis
for our decision to initiate on each program, see the China CVD
Initiation Checklist. A public version of the initiation checklist for
this investigation is available on ACCESS.
Respondent Selection
In the Petition, the petitioner identified over 150 companies in
China as producers and/or exporters of temporary steel fencing.\28\
Commerce intends to follow its standard practice in CVD investigations
and calculate company-specific subsidy rates in this investigation. In
the event that Commerce determines that the number of companies is
large and it cannot individually examine each company based on
Commerce's resources, Commerce intends to select mandatory respondents
based on quantity and value (Q&V) questionnaires issued to the
potential respondents. Commerce normally selects mandatory respondents
in CVD investigations using U.S. Customs and Border Protection (CBP)
entry data for U.S. imports under the appropriate Harmonized Tariff
Schedule of the United States (HTSUS) subheading(s) listed in the
``Scope of the Investigation'' in the appendix. However, for these
investigations, the main HTSUS subheading under which the subject
merchandise would enter (7308.90.9590) is a basket category under which
non-subject merchandise may also enter. Therefore, we cannot rely on
CBP entry data in selecting respondents. Notwithstanding the decision
to rely on Q&V questionnaires for respondent selection, due to the
large number of producers and/or exporters identified in the Petition,
Commerce has determined to limit the number of Q&V questionnaires that
it will issue to exporters and producers based on CBP data for
temporary steel fencing from China during the POI under the appropriate
HTSUS subheading listed in the ``Scope of the Investigation,'' in the
appendix.\29\ Accordingly, Commerce will send Q&V questionnaires to the
largest producers and exporters that are identified in the CBP data for
which there is complete address information on the record.
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\28\ See Petition at Volume I (page I-12 and Exhibit I-8); First
General Issues Supplement at I-Supp-1 and Exhibit I-8 SUPP; see also
Second General Issues Supplement at 1-2.
\29\ See Memorandum, ``Release of U.S. Customs and Border
Protection Entry Data,'' dated January 30, 2025.
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Commerce will post the Q&V questionnaires along with filing
instructions on Commerce's website at <a href="https://www.trade.gov/ec-adcvd-case-announcements">https://www.trade.gov/ec-adcvd-case-announcements</a>. Producers/exporters of temporary steel fencing from
China that do not receive Q&V questionnaires may still submit a
response to the Q&V questionnaire and can obtain a copy of the Q&V
questionnaire from Commerce's website. Responses to the Q&V
questionnaire must be submitted by the relevant Chinese producers/
exporters no later than 5:00 p.m. ET on February 18, 2025, which is two
weeks from the signature date of this notice. All Q&V questionnaire
responses must be filed electronically via ACCESS. An electronically
filed document must be received successfully, in its entirety, by
ACCESS no later than 5:00 p.m. ET on the deadline noted above.
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on Commerce's website at <a href="https://www.trade.gov/administrative-protective-orders">https://www.trade.gov/administrative-protective-orders</a>.
Distribution of Copies of the Petition
In accordance with section 702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the GOC via ACCESS. To the extent practicable, we will
attempt to provide a copy of the public version of the Petition to each
exporter named in the
[[Page 9314]]
Petition, as provided under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its initiation, as required by
section 702(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of temporary steel fencing from China are
materially injuring, or threatening material injury to, a U.S.
industry.\30\ A negative ITC determination will result in the
investigation being terminated.\31\ Otherwise, this CVD investigation
will proceed according to statutory and regulatory time limits.
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\30\ See section 703(a)(1) of the Act.
\31\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors of production under 19 CFR 351.408(c) or
to measure the adequacy of remuneration under 19 CFR 351.511(a)(2);
(iv) evidence placed on the record by Commerce; and (v) evidence other
than factual information described in (i)-(iv). Section 351.301(b) of
Commerce's regulations requires any party, when submitting factual
information, to specify under which subsection of 19 CFR 351.102(b)(21)
the information is being submitted \32\ and, if the information is
submitted to rebut, clarify, or correct factual information already on
the record, to provide an explanation identifying the information
already on the record that the factual information seeks to rebut,
clarify, or correct.\33\ Time limits for the submission of factual
information are addressed in 19 CFR 351.301, which provides specific
time limits based on the type of factual information being submitted.
Interested parties should review the regulations prior to submitting
factual information in this investigation.
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\32\ See 19 CFR 351.301(b).
\33\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301, or as otherwise specified by
Commerce.\34\ For submissions that are due from multiple parties
simultaneously, an extension request will be considered untimely if it
is filed after 10:00 a.m. ET on the due date. Under certain
circumstances, Commerce may elect to specify a different time limit by
which extension requests will be considered untimely for submissions
which are due from multiple parties simultaneously. In such a case, we
will inform parties in a letter or memorandum of the deadline
(including a specified time) by which extension requests must be filed
to be considered timely. An extension request must be made in a
separate, standalone submission; under limited circumstances we will
grant untimely filed requests for the extension of time limits, where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning the
extension of time limits and the Time Limits Final Rule prior to
submitting factual information in this investigation.\35\
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\34\ See 19 CFR 351.302.
\35\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final
Rule), available at <a href="https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm">https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm</a>.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\36\
Parties must use the certification formats provided in 19 CFR
351.303(g).\37\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\36\ See section 782(b) of the Act.
\37\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
<a href="https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf">https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf</a>.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in this investigation should ensure that they meet the requirements of
19 CFR 351.103(d) (e.g., by filing the required letters of appearance).
Note that Commerce has amended certain of its requirements pertaining
to the service of documents in 19 CFR 351.303(f).\38\
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\38\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
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This notice is issued and published pursuant to sections 702 and
777(i) of the Act, and 19 CFR 351.203(c).
Dated: February 4, 2025.
Christopher Abbott,
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 Investigation
The merchandise subject to this investigation is temporary steel
fencing. Temporary steel fencing consists of temporary steel fence
panels and temporary steel fence stands. Temporary steel fence
panels, when assembled with temporary steel fence stands or other
types of stands outside of the scope, with each other, or with
posts, create a free-standing fence. Temporary steel fence panels
are covered by the scope regardless of whether they attach to a
stand or the type of stand to which they connect.
Temporary steel fence panels have a welded frame of steel tubing
and an interior consisting of chain link, steel wire mesh, or other
steel materials that are not more than 10 millimeters in actual
diameter or width. The steel tubing may surround all edges of the
temporary steel fence panel or only be attached along two parallel
sides of the panel. All temporary steel fence panels with at least
two framed sides are covered by the scope, regardless of the number
of edges framed with steel tubing.
Temporary steel fence panels are typically between 10 and 12
feet long and six to eight feet high, though all temporary steel
fence panels are covered by the scope regardless of dimension or
weight as long as a single panel is over six square feet in actual
surface area and weighs more than four pounds. Temporary steel fence
panels may be square, rectangular, or have rounded edges, and may or
may not have gates, doors, wheels, or barbed wire or other features,
though all temporary steel fence panels are covered by the scope
regardless of shape and other features. Temporary steel fence panels
may have one or more horizontal, vertical, or diagonal reinforcement
tubes made of steel welded to the inside frame, though all temporary
steel fence panels are covered by the scope regardless of the
existence, number, or type of reinforcement tubes attached to the
panel. Temporary steel fence panels may have extensions, pins,
tubes, or holes at the bottom of the panel, but all temporary steel
fence panels are covered regardless of the existence of such
features.
Steel fence stands are shapes made of steel that stand flat on
the ground and have one or two open tubes or solid pins into which
temporary steel fence panels are inserted to stand erect. The steel
fence stand may be made of welded steel tubing or may be a flat
[[Page 9315]]
steel plate with one or two tubes or pins welded onto the plate for
connecting the panels.
Temporary steel fencing is covered by the scope regardless of
coating, painting, or other finish. Both temporary steel fence
panels and temporary steel fence stands are covered by the scope,
whether imported assembled or unassembled, and whether imported
together or separately.
Subject merchandise includes material matching the above
description that has been finished, assembled, or packaged in a
third country, including by coating, painting, assembling, attaching
to, or packaging with another product, or any other finishing,
assembly, or packaging operation that would not otherwise remove the
merchandise from the scope of the investigation if performed in the
country of manufacture of the temporary steel fencing.
Temporary steel fencing is included in the scope of this
investigation whether or not imported attached to, or in conjunction
with, other parts and accessories such as posts, hooks, rings,
brackets, couplers, clips, connectors, handles, brackets, or
latches. If temporary steel fencing is imported attached to, or in
conjunction with, such non-subject merchandise, only the temporary
steel fencing is included in the scope.
Merchandise covered by this investigation is currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) under the subheading 7308.90.9590. Subject merchandise may
also enter under subheadings 7326.90.8688 and 7323.99.9080 of the
HTSUS. The HTSUS subheadings set forth above are provided for
convenience and U.S. Customs purposes only. The written description
of the scope is dispositive.
[FR Doc. 2025-02443 Filed 2-10-25; 8:45 am]
BILLING CODE 3510-DS-P
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