Vertical Metal File Cabinets From the People's Republic of China: Continuation of Antidumping Duty and Countervailing 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.
Issuing agencies
Abstract
As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) order and countervailing duty (CVD) order on vertical metal file cabinets from the People's Republic of China (China) would likely lead to the continuation or recurrence of dumping and net countervailable subsidies, and material injury to an industry in the United States, Commerce is publishing a notice of continuation of these AD and CVD orders.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 111 (Wednesday, June 11, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 111 (Wednesday, June 11, 2025)]
[Notices]
[Pages 24564-24566]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-10576]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-110, C-570-111]
Vertical Metal File Cabinets From the People's Republic of China:
Continuation of Antidumping Duty and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the U.S. Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
that revocation of the antidumping duty (AD) order and countervailing
duty (CVD) order on vertical metal file cabinets from the People's
Republic of China (China) would likely lead to the continuation or
recurrence of dumping and net countervailable subsidies, and material
injury to an industry in the United States, Commerce is publishing a
notice of continuation of these AD and CVD orders.
DATES: Applicable May 30, 2025.
FOR FURTHER INFORMATION CONTACT: Juanita Chen, Office of Trade
Agreements Policy and Negotiations, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
5255.
SUPPLEMENTARY INFORMATION:
Background
On December 13, 2019, Commerce published in the Federal Register
the AD and CVD orders on vertical metal file cabinets from China.\1\ On
November
[[Page 24565]]
1, 2024 and November 4, 2024 the ITC instituted,\2\ and Commerce
initiated,\3\ respectively, the first sunset reviews of the Orders,
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the
Act). As a result of its reviews, Commerce determined that revocation
of the Orders would likely lead to the continuation or recurrence of
dumping and net countervailable subsidies, and therefore notified the
ITC of the magnitude of the margins of dumping and subsidy rates likely
to prevail should the Orders be revoked.\4\
---------------------------------------------------------------------------
\1\ See Vertical Metal File Cabinets from the People's Republic
of China: Antidumping and Countervailing Duty Orders, 84 FR 68121
(December 13, 2019); as corrected in Vertical Metal File Cabinets
From the People's Republic of China: Correction to Antidumping and
Countervailing Duty Orders, 85 FR 3611 (January 22, 2020)
(collectively, Orders).
\2\ See Vertical Metal File Cabinets from China; Institution of
Five-Year Reviews, 89 FR 87407 (November 1, 2024).
\3\ See Initiation of Five-Year (Sunset) Reviews, 89 FR 87543
(November 4, 2024).
\4\ See Vertical Metal File Cabinets from the People's Republic
of China: Final Results of the Expedited First Sunset Review of the
Antidumping Duty Order, 90 FR 10474 (February 24, 2025); see also
Vertical Metal File Cabinets from the People's Republic of China:
Final Results of the Expedited First Sunset Review of the
Countervailing Duty Order, 90 FR 11258 (March 5, 2025).
---------------------------------------------------------------------------
On May 30, 2025, the ITC published its determination, pursuant to
sections 751(c) and 752(a) of the Act, that revocation of the Orders
would likely lead to continuation or recurrence of material injury to
an industry in the United States within a reasonably foreseeable
time.\5\
---------------------------------------------------------------------------
\5\ See Vertical Metal File Cabinets from China; Determinations,
90 FR 23068 (May 30, 2025) (ITC Final Determination).
---------------------------------------------------------------------------
Scope of the Orders
The scope of these Orders covers freestanding vertical metal file
cabinets containing two or more extendable file storage elements and
having an actual width of 25 inches or less.
The subject vertical metal file cabinets have bodies made of carbon
and/or alloy steel and or other metals, regardless of whether painted,
powder coated, or galvanized or otherwise coated for corrosion
protection or aesthetic appearance. The subject vertical metal file
cabinets must have two or more extendable elements for file storage
(e.g., file drawers) of a height that permits hanging files of either
letter (8.5<gr-thn-eq> x 11<gr-thn-eq>) or legal (8.5<gr-thn-eq> x
14<gr-thn-eq>) sized documents.
An ``extendable element'' is defined as a movable load-bearing
storage component including, but not limited to, drawers and filing
frames. Extendable elements typically have suspension systems,
consisting of glide blocks or ball bearing glides, to facilitate
opening and closing.
The subject vertical metal file cabinets typically come in models
with two, three, four, or five-file drawers. The inclusion of one or
more additional non-file-sized extendable storage elements, not sized
for storage files (e.g., box or pencil drawers), does not remove an
otherwise in-scope product from the scope as long as the combined
height of the non-file-sized extendable storage elements does not
exceed six inches. The inclusion of an integrated storage area that is
not extendable (e.g., a cubby) and has an actual height of six inches
or less, also does not remove a subject vertical metal file cabinet
from the scope. Accessories packaged with a subject vertical file
cabinet, such as separate printer stands or shelf kits that sit on top
of the in-scope vertical file cabinet are not considered integrated
storage.
``Freestanding'' means the unit has a solid top and does not have
an open top or a top with holes punched in it that would permit the
unit to be attached to, hung from, or otherwise used to support a
desktop or other work surface. The ability to anchor a vertical file
cabinet to a wall for stability or to prevent it from tipping over does
not exclude the unit from the scope.
The addition of mobility elements such as casters, wheels, or a
dolly does not remove the product from the scope. Packaging a subject
vertical metal file cabinet with other accessories, including, but not
limited to, locks, leveling glides, caster kits, drawer accessories
(e.g., including but not limited to follower wires, follower blocks,
file compressors, hanger rails, pencil trays, and hanging file
folders), printer stand, shelf kit and magnetic hooks, also does not
remove the product from the scope. Vertical metal file cabinets are
also in scope whether they are imported assembled or unassembled with
all essential parts and components included.
Excluded from the scope are lateral metal file cabinets. Lateral
metal file cabinets have a width that is greater than the body depth,
and have a body with an actual width that is more than 25 inches wide.
Also excluded from the scope are pedestal file cabinets. Pedestal
file cabinets are metal file cabinets with body depths that are greater
than or equal to their width, are under 31 inches in actual height, and
have the following characteristics: (1) An open top or other the means
for the cabinet to be attached to or hung from a desktop or other work
surface such as holes punched in the top (i.e., not freestanding); or
(2) freestanding file cabinets that have all of the following: (a) At
least a 90 percent drawer extension for all extendable file storage
elements; (b) a central locking system; (c) a minimum weight density of
9.5 lbs./cubic foot; and (d) casters or leveling glides.
``Percentage drawer extension'' is defined as the drawer travel
distance divided by the inside depth dimension of the drawer. Inside
depth of drawer is measured from the inside of the drawer face to the
inside face of the drawer back. Drawer extension is the distance the
drawer travels from the closed position to the maximum travel position
which is limited by the out stops. In situations where drawers do not
include an outstop, the drawer is extended until the drawer back is
3\1/2\ inches from the closed position of inside face of the drawer
front. The ``weight density'' is calculated by dividing the cabinet's
actual weight by its volume in cubic feet (the multiple of the
product's actual width, depth, and height). A ``central locking
system'' locks all drawers in a unit.
Also excluded from the scope are fire proof or fire-resistant file
cabinets that meet Underwriters Laboratories (UL) fire protection
standard 72, class 350, which covers the test procedures applicable to
fire-resistant equipment intended to protect paper records.
The merchandise subject to the Orders is classified under
Harmonized Tariff Schedule of the United States (HTSUS) subheading
9403.10.0020. The subject merchandise may also enter under HTSUS
subheadings 9403.10.0040, 9403.20.0080, 9403.20.0081, and 9403.20.0090.
While HTSUS subheadings are provided for convenience and customs
purposes, the written description of the scope of the Orders is
dispositive.
Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to continuation or
recurrence of dumping and net countervailable subsidies, and material
injury to an industry in the United States, pursuant to section
751(d)(2) of the Act, Commerce hereby orders the continuation of the
Orders. U.S. Customs and Border Protection will continue to collect AD
and CVD cash deposits at the rates in effect at the time of entry for
all imports of subject merchandise.
The effective date of the continuation of the Orders will be May
30, 2025.\6\ Pursuant to section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to initiate the next five-year reviews
of the Orders not later than 30 days prior to fifth anniversary of the
[[Page 24566]]
date of the last determination by the ITC.
---------------------------------------------------------------------------
\6\ See ITC Final Determination.
---------------------------------------------------------------------------
Administrative Protective Order (APO)
This notice also serves as a final reminder to parties subject to
an APO of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
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 which
is subject to sanction.
Notification to Interested Parties
These five-year (sunset) reviews and this notice are in accordance
with sections 751(c) and 751(d)(2) of the Act and published in
accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4).
Dated: June 5, 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.
[FR Doc. 2025-10576 Filed 6-10-25; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>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.