Notice2025-15781
Temporary Steel Fencing From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, in Part, Postponement of Final Determination and Extension of Provisional Measures
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
August 19, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that temporary steel fencing from the People's Republic of China (China) is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is July 1, 2024, through December 31, 2024. Interested parties are invited to comment on this preliminary determination.
Full Text
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<title>Federal Register, Volume 90 Issue 158 (Tuesday, August 19, 2025)</title>
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[Federal Register Volume 90, Number 158 (Tuesday, August 19, 2025)]
[Notices]
[Pages 40332-40336]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-15781]
[[Page 40332]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-198]
Temporary Steel Fencing From the People's Republic of China:
Preliminary Affirmative Determination of Sales at Less Than Fair Value,
Preliminary Affirmative Determination of Critical Circumstances, in
Part, Postponement of Final Determination and Extension of Provisional
Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that temporary steel fencing from the People's Republic of
China (China) is being, or is likely to be, sold in the United States
at less than fair value (LTFV). The period of investigation (POI) is
July 1, 2024, through December 31, 2024. Interested parties are invited
to comment on this preliminary determination.
DATES: Applicable August 19, 2025.
FOR FURTHER INFORMATION CONTACT: Dennis McClure or Noah Wetzel, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-5973 or (202)
482-7466, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on February
11, 2025.\1\ On May 15, 2025, Commerce postponed the preliminary
determination of this investigation and the revised deadline is now
August 13, 2025.\2\
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\1\ See Temporary Steel Fencing from the People's Republic of
China: Initiation of Less-Than-Fair-Value Investigation, 90 FR 9315
(February 11, 2025) (Initiation Notice).
\2\ See Temporary Steel Fencing from China: Postponement of
Preliminary Determinations of Antidumping Duty Investigation, 90 FR
20621 (May 14, 2025).
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For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\3\ A list of topics included in the Preliminary Decision
Memorandum is included as Appendix II to this notice. The Preliminary
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 Preliminary 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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\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Temporary
Steel Fencing from China,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are temporary steel
fencing products from China. For a complete description of the scope of
this investigation, see Appendix I.
Scope Comments
In accordance with the Preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ For a summary of
the product coverage comments and rebuttal responses submitted to the
record for this investigation, and accompanying discussion and analysis
of all comments timely received, see the Preliminary Scope Decision
Memorandum.\6\ Commerce is preliminarily modifying the scope language
as it appeared in the Initiation Notice. See the revised scope in
Appendix I to this notice.
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\5\ See Initiation Notice, 90 FR at 9316.
\6\ See Memorandum, ``Less-Than-Fair Value and Countervailing
Duty Investigations on Temporary Steel Fencing from the People's
Republic of China: Preliminary Scope Decision Memorandum,'' dated
concurrently with this memorandum (Preliminary Scope Decision
Memorandum).
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All interested parties are invited to comment on Commerce's
Preliminary Scope Decision Memorandum in scope case and scope rebuttal
briefs. The deadline for interested parties to submit scope case briefs
is 30 days after the issuance of the Preliminary Scope Decision
Memorandum. Scope rebuttal briefs, limited to issues raised in the
scope case briefs, may be submitted no later than seven days after the
deadline for the scope case briefs. Scope case and rebuttal briefs must
be filed simultaneously, via ACCESS, on records of the LTFV and CVD
investigations of temporary steel fencing from China.
Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated export prices in
accordance with section 772(a) of the Act and constructed export prices
in accordance with section 772(b) of the Act for Shijiazhuang Sd
Company Ltd. (SD). Because China is a non-market economy (NME), within
the meaning of section 771(18) of the Act, Commerce has calculated
normal value in accordance with section 773(c) of the Act for SD. In
addition, Commerce has relied on total adverse facts available (AFA)
pursuant to section 776(a)(2) of the Act for Shenzhou Yongao Metal
Products Co., Ltd./Shenzhou Yuelei Metal Products Co., Ltd.
(collectively, Yongao/Yuelei).\7\ Furthermore, pursuant to sections
776(a) and (b) of the Act, Commerce preliminarily has relied upon AFA
for the China-wide entity, which includes (1) Shaoxing Zhangzhan
Trading Co., (2) Pacific Fence and Barricades Limited, (3) Sichuan
Gold-Link Industry, (4) Suzhou Dihang Defense Facilities Co., (5)
Sourcing Solution Co., Ltd., (6) Foshan Greatness Trade Co., Ltd., (7)
Hebei Bending Fence Technology Co., Ltd., (8) Dezhou Hualude Hardware
Products Co., Ltd, and (9) Zhejiang Zhengte Co., Ltd. For a full
description of the methodology underlying Commerce's preliminary
determination, see the Preliminary Decision Memorandum.
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\7\ Commerce has preliminarily determined that the mandatory
respondent Yongao is affiliated with Yuelei and has treated these
companies as a single entity. See Memorandum, ``Preliminary Results
of Affiliation and Single Entity Determination,'' dated concurrently
with this preliminary determination.
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Preliminary Affirmative Determination of Critical Circumstances, in
Part
In accordance with section 733(e) of the Act and 19 CFR 351.206,
Commerce preliminarily determines that critical circumstances exist for
the China-wide entity and Yongao/Yuelei, but do not exist for temporary
steel fencing exported by SD and produced by: (1) Huanghua Xingchang
Hardware Products Co., Ltd., (2) Huanghua Shengrundong Hardware
Products Co., Ltd., and (3) Hebei Oriental Star Metal Products Co.,
Ltd. Additionally, Commerce preliminarily determines that critical
circumstances exists for the following separate rate companies
regarding temporary steel fencing: (1) exported by Hebei Minmetals Co.,
Ltd. and produced or supplied by Huanghua Wangang Hardware Co., Ltd.,
Huanghua Taiyue Hardware Co., Ltd., Hebei Wuxin Garden Products Co.,
Ltd., Huanghua Qingxin Metal Products Co., Ltd., Huanghua Xingyu
Hardware Products Co., Ltd., Huanghua Deyue Hardware Co., Ltd.,
Cangzhou Hualing Metal Products Co., Ltd., and Huanghua
[[Page 40333]]
Huanyu Hardware Factory; (2) exported by Tianjin Linkwel International
Trading Co., Ltd. and produced by Tianjin Lianhao Metal Products Co.,
Ltd. and Chanzhou Lianrui Metal Products Co., Ltd.; (3) exported by
Shantou Jiayu Trading Co., Ltd. and supplied by Huanghua Juntai
Hardware Products Co., Ltd.; (4) exported by Shijiazhuang Shuangming
Trade Co., Ltd. and produced by Hebei Wangang Hardware Co., Ltd.,
Huanghua Taiyue Hardware Co., Ltd., Hebei Wuxin Garden Products Co.,
Ltd., Huanghua Qingxin Metal Products Co., Ltd., and Huanghua Xingyu
Hardware Products Co., Ltd.; (5) exported by Metaltec Group Co.,
Limited and produced by Shijiazhuang Shuangming Trade Co., Ltd., Hebei
Wangang Hardware Co., Ltd., Huanghua Taiyue Hardware Co., Ltd., Hebei
Wuxin Garden Products Co., Ltd., Huanghua Qingxin Metal Products Co.,
Ltd., and Huanghua Xingyu Hardware Products Co., Ltd.; (6) exported by
Hebei Yelang Imp. & Exp. Trade Co., Ltd. and produced by Huanghua
Pengxiang Hardware Products Co., Ltd.; (7) exported by Joint Force
Int'l Co., Limited and produced by Hebei Wuxin Garden Products Co.,
Ltd.; (8) exported by Hebei Jinshi Industrial Metal Co., Ltd. and
produced and supplied by Tangshan ZhongRui IndustriaI Co., Ltd.; (9)
exported by Hebei Haiao Wire Mesh Products Co., Ltd. and produced by
Raoyang Shengshi Metal Products Co., Ltd.; (10) exported and produced
by Anping Chengxin Metal Mesh Co., Ltd.; (11) exported by Hebei Houtuo
Co., Ltd. and produced by Huanghua Aiyuan Hardware Products Co., Ltd.;
(12) exported by Hebei Neweast Yilong Trading Co., Ltd., and produced
by Huanghua City Deyue Hardware Co., Ltd.; and (13) exported and
produced by Hebei Giant Metal Technology Co., Ltd. For a full
description of the methodology and results of Commerce's critical
circumstances analysis, see the Preliminary Decision Memorandum.
Combination Rates
In the Initiation Notice,\8\ Commerce stated that it would
calculate producer/exporter combination rates for the respondents that
are eligible for a separate rate in this investigation. Policy Bulletin
05.1 describes this practice.\9\
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\8\ See Initiation Notice, 90 FR at 9318-9319.
\9\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on
Commerce's website at <a href="https://enforcement.trade.gov/policy/bull05-1.pdf">https://enforcement.trade.gov/policy/bull05-1.pdf</a>.
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Separate Rates
We preliminarily granted a separate rate to certain respondents
that we did not select for individual examination.\10\ In calculating
the rate for non-individually examined separate rate respondents in an
NME LTFV investigation, Commerce normally looks to section 735(c)(5)(A)
of the Act, which pertains to the calculation of the all-others rate in
a market economy LTFV investigation, for guidance. Pursuant to section
735(c)(5)(A) of the Act, normally this rate shall be an amount equal to
the weighted-average of the estimated weighted-average dumping margins
established for those companies individually examined, excluding zero
and de minimis dumping margins, and any dumping margins based entirely
under section 776 of the Act. The statute further provides that, where
all margins are zero, de minimis, or based entirely on facts available,
Commerce may use ``any reasonable method'' for assigning the rate to
non-selected respondents.\11\
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\10\ See Preliminary Decision Memorandum for additional details.
\11\ See section 735(c)(5)(B) of the Act
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In this investigation, Commerce calculated an individual estimated
weighted-average dumping margin for SD that is not zero, de minimis, or
based entirely on facts otherwise available with adverse inference. In
this investigation, Commerce also preliminarily assigned a rate based
entirely on AFA to Yongao/Yuelei. Thus, the only rate that is not zero,
de minimis or based entirely on AFA is the weighted-average dumping
margin calculated for SD. Consequently, the rate calculated for SD is
the margin assigned to the non-examined, companies receiving a separate
rate in this investigation. See the table below in the ``Preliminary
Determination'' section of this notice.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
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Cash deposit rate
Weighted-average (adjusted for
Exporter Producer dumping margin subsidy offsets)
(percent) (percent)
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Shenzhou Yongao Metal Products Co., Shenzhou Yongao Metal Products * 187.69 177.15
Ltd./Shenzhou Yuelei Metal Products Co., Ltd./Shenzhou Yuelei
Co., Ltd. Metal Products Co., Ltd.
Shijiazhuang Sd Company Ltd............ Huanghua Xingchang Hardware 136.57 136.57
Products Co., Ltd.
Shijiazhuang Sd Company Ltd............ Huanghua Shengrundong Hardware 136.57 136.57
Products Co., Ltd.
Shijiazhuang Sd Company Ltd............ Hebei Oriental Star Metal 136.57 136.57
Products Co., Ltd.
Hebei Minmetals Co., Ltd............... Huanghua Wangang Hardware Co., 136.57 136.57
Ltd.
Hebei Minmetals Co., Ltd............... Huanghua Taiyue Hardware Co., 136.57 136.57
Ltd.
Hebei Minmetals Co., Ltd............... Hebei Wuxin Garden Products 136.57 136.57
Co., Ltd.
Hebei Minmetals Co., Ltd............... Huanghua Qingxin Metal Products 136.57 136.57
Co.
Hebei Minmetals Co., Ltd............... Huanghua Xingyu Hardware 136.57 136.57
Products Co., Ltd.
Hebei Minmetals Co., Ltd............... Huanghua Deyue Hardware Co., 136.57 136.57
Ltd.
Hebei Minmetals Co., Ltd............... Cangzhou Hualing Metal Products 136.57 136.57
Co., Ltd.
Hebei Minmetals Co., Ltd............... Huanghua Huanyu Hardware 136.57 136.57
Factory.
Tianjin Linkwel International Trading Tianjin Lianhao Metal Products 136.57 136.57
Co., Ltd. Co., Ltd.
Tianjin Linkwel International Trading Changzhou Lianrui Metal 136.57 136.57
Co., Ltd. Products Co., Ltd.
Shantou Jiayu Trading Co., Ltd......... Huanghua Juntai Hardware 136.57 136.57
Products Co., Ltd.
Shijiazhuang Shuangming Trade Co., Ltd. Hebei Wangang Hardware Co., 136.57 136.57
Ltd. Products Co., Ltd.
Shijiazhuang Shuangming Trade Co., Ltd. Huanghua Taiyue Hardware Co., 136.57 136.57
Ltd.
Shijiazhuang Shuangming Trade Co., Ltd. Hebei Wuxin Garden Products 136.57 136.57
Co., Ltd.
Shijiazhuang Shuangming Trade Co., Ltd. Huanghua Qingxin Metal Products 136.57 136.57
Co.
Shijiazhuang Shuangming Trade Co., Ltd. Huanghua Xingyu Hardware....... 136.57 136.57
[[Page 40334]]
Metaltec Group Co., Limited............ Shijiazhuang Shuangming Trade 136.57 136.57
Co., Ltd.
Metaltec Group Co., Limited............ Hebei Wangang Hardware Co., Ltd 136.57 136.57
Metaltec Group Co., Limited............ Huanghua Taiyue Hardware Co., 136.57 136.57
Ltd.
Metaltec Group Co., Limited............ Hebei Wuxin Garden Products 136.57 136.57
Co., Ltd.
Metaltec Group Co., Limited............ Huanghua Qingxin Metal Products 136.57 136.57
Co., Ltd.
Metaltec Group Co., Limited............ Huanghua Xingyu Hardware 136.57 136.57
Products Co., Ltd.
Hebei Yelang Imp. & Exp. Trade Co., Ltd Huanghua Pengxiang Hardware 136.57 136.57
Products Co., Ltd.
Joint Force Int'l Co., Limited......... Hebei Minmetals Co., Ltd....... 136.57 136.57
Joint Force Int'l Co., Limited......... Huanghua Wangang Hardware Co., 136.57 136.57
Ltd.
Joint Force Int'l Co., Limited......... Huanghua Taiyue Hardware Co., 136.57 136.57
Ltd.
Joint Force Int'l Co., Limited......... Hebei Wuxin Garden Products 136.57 136.57
Co., Ltd.
Joint Force Int'l Co., Limited......... Huanghua Qingxin Metal Products 136.57 136.57
Co., Ltd.
Joint Force Int'l Co., Limited......... Huanghua Xingyu Hardware 136.57 136.57
Products Co., Ltd.
Joint Force Int'l Co., Limited......... Huanghua Deyue Hardware Co., 136.57 136.57
Ltd.
Joint Force Int'l Co., Limited......... Huanghua Huanyu Hardware 136.57 136.57
Factory.
Hebei Jinshi Industrial Metal Co., Ltd. Tangshan ZhongRui IndustriaI 136.57 136.57
Co., Ltd.
Hebei Jinshi Industrial Metal Co., Ltd. Huanghua Tianhang Hardware 136.57 136.57
Products Co., Ltd.
Hebei Jinshi Industrial Metal Co., Ltd. Hebei Tinlin Metal Products 136.57 136.57
Co., Ltd.
Hebei Jinshi Industrial Metal Co., Ltd. Huanghua Xindarui Hardware 136.57 136.57
Products Co., Ltd.
Hebei Haiao Wire Mesh Products Co., Ltd Raoyang Shengshi Metal Products 136.57 136.57
Co., Ltd.
Anping Chengxin Metal Mesh Co., Ltd.... Anping Chengxin Metal Mesh Co., 136.57 126.03
Ltd.
Hebei Houtuo Co., Ltd.................. Huanghua Aiyuan Hardware 136.57 136.57
Products Co., Ltd.
Hebei Neweast Yilong Trading Co., Ltd.. Huanghua City Deyue Hardware 136.57 136.57
Co., Ltd.
Hebei Giant Metal Technology Co., Ltd.. Hebei Giant Metal Technology 136.57 136.57
Co., Ltd.
China-Wide Entity...................... ............................... * 187.69 187.69
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* This rate is based on AFA.
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of subject merchandise as described in the scope of the investigation
section entered, or withdrawn from warehouse, for consumption on or
after the date of publication of this notice in the Federal Register,
as discussed below. Further, pursuant to section 733(d)(1)(B) of the
Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash
deposit equal to the weighted average amount by which normal value
exceeds U.S. price, as indicated in the chart above, as follows: (1)
for the producer/exporter combinations listed in the table above, the
cash deposit rate is equal to the estimated weighted-average dumping
margin listed for that combination in the table; (2) for all
combinations of Chinese producers/exporters of merchandise under
consideration that have not established eligibility for their own
separate rates, the cash deposit rate will be equal to the estimated
weighted-average dumping margin established for the China-wide entity;
and (3) for all third-country exporters of merchandise under
consideration not listed in the table above, the cash deposit rate is
the cash deposit rate applicable to the Chinese producer/exporter
combination (or the China-wide entity) that supplied that third-country
exporter.
Section 733(e)(2) of the Act provides that, given an affirmative
determination of critical circumstances, any suspension of liquidation
shall apply to unliquidated entries of merchandise entered, or
withdrawn from warehouse, for consumption on or after the later of: (a)
the date that is 90 days before the date on which the suspension of
liquidation was first ordered; or (b) the date on which notice of
initiation of the investigation was published. Commerce preliminarily
finds that critical circumstances exist for imports of subject
merchandise from the China-wide entity, and Yongao/Yuelei.\12\ In
accordance with section 733(e)(2)(A) of the Act, the suspension of
liquidation shall apply to all unliquidated entries of merchandise from
the China-wide entity, and Yongao/Yuelei that were entered, or
withdrawn from warehouse, for consumption on or after the date that is
90 days before the publication of this notice in the Federal Register.
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\12\ See Memorandum, ``Less-Than-Fair-Value Investigation of
Temporary Steel Fencing from the People's Republic of China:
Preliminary Analysis of Critical Circumstances,'' dated concurrently
with this preliminary determination (Critical Circumstances
Memorandum).
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To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of domestic
subsidy pass-through and export subsidies determined in a companion
countervailing duty (CVD) proceeding when CVD provisional measures are
in effect. Accordingly, where Commerce has made a preliminary
affirmative determination for domestic subsidy pass-through or export
subsidies, Commerce has offset the calculated estimated weighted-
average dumping margin by the appropriate rate.\13\ Any such adjusted
rates may be found in the ``Preliminary Determination'' section's chart
of estimated weighted-average dumping margins above.
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\13\ See Memorandum, ``Preliminary Calculation of Export Subsidy
Offsets,'' dated concurrently with this preliminary determination.
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Should provisional measures in the companion CVD investigation
expire prior to the expiration of provisional measures in this LTFV
investigation, Commerce will direct CBP to begin collecting cash
deposits at a rate equal to the estimated weighted-average dumping
margins calculated in this preliminary determination unadjusted for the
passed-through domestic subsidies or for export subsidies at the time
the CVD provisional measures expire. These suspension of liquidation
instructions will remain in effect until further notice.
Disclosure
Commerce intends to disclose to interested parties the calculations
[[Page 40335]]
performed in connection with this preliminary determination within five
days of its public announcement or, if there is no public announcement,
within five days of the date of publication of this notice in
accordance with 19 CFR 351.224(b).
Consistent with 19 CFR 351.224(e), Commerce will analyze and, if
appropriate, correct any timely allegations of significant ministerial
errors by amending the preliminary determination. However, consistent
with 19 CFR 351.224(d), Commerce will not consider incomplete
allegations that do not address the significance standard under 19 CFR
351.224(g) following the preliminary determination. Instead, Commerce
will address such allegations in the final determination together with
issues raised in the case briefs or other written comments.
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify information relied upon in making its final determination.
Public Comment
Case briefs or other written comments, regarding non-scope issues,
may be submitted to the Assistant Secretary for Enforcement and
Compliance no later than seven days after the date on which the last
final verification report is issued in this investigation, unless the
Secretary alters the time limit.\14\ A timeline for the submission of
case briefs and written comments will be notified to interested parties
at a later date. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed not later than five days after the date for filing
case briefs.\15\ Interested parties who submit case briefs or rebuttal
briefs in this proceeding must submit: (1) a table of contents listing
each issue; and (2) a table of authorities.\16\
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\14\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for
general filing requirements).
\15\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\16\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this investigation, we instead request
that interested parties provide at the beginning of their briefs a
public, executive summary for each issue raised in their briefs.\17\
Further, we request that interested parties limit their executive
summary of each issue to no more than 450 words, not including
citations. We intend to use the executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final determination in this investigation. We
request that interested parties include footnotes for relevant
citations in the executive summary of each issue. Note that Commerce
has amended certain of its requirements pertaining to the service of
documents in 19 CFR 351.303(f).\18\
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\17\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\18\ See APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioners. Pursuant to 19 CFR 351.210(e)(2), Commerce requires
that requests by respondents for postponement of a final antidumping
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
On July 23, 2025 and July 25, 2025, pursuant to 19 CFR 351.210(e),
Yongao/Yuelei and SD requested that Commerce postpone the final
determination and that provisional measures be extended from a four
month period to a period not to exceed six months.\19\ In accordance
with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii),
because: (1) the preliminary determination is affirmative; (2) the
requesting exporters account for a significant proportion of exports of
the subject merchandise; and (3) no compelling reasons for denial
exist, Commerce is postponing the final determination and extending the
provisional measures from a four-month period to a period not greater
than six months. Accordingly, Commerce will make its final
determination no later than 135 days after the date of publication of
this preliminary determination.
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\19\ See Yongao/Yuelei's Letter, ``Request to Postpone Final
Determination,'' dated July 23, 2025; see also SD's Letter,
``Request to Postpone the Final Determination,'' dated July 25,
2025.
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U.S. International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its preliminary
determination of sales at LTFV. If the final determination is
affirmative, the ITC will determine before the later of 120 days after
the date of this preliminary determination or 45 days after the final
determination whether imports of the subject merchandise are materially
injuring, or threaten material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: August 13, 2025.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
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 ten 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
[[Page 40336]]
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 meets each of the three following
criteria: (1) it has over seven and a half square feet in actual
surface area; (2) it weighs more than four pounds; and (3) it weighs
less than 1.92 pounds per square foot. 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
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.
Excluded from the scope of this investigation are decorative
steel fence panels. Decorative steel fence panels are steel fence
panels that have all of the following characteristics: (i) the
panel's long ends are no more than 48 inches; (ii) the panel's short
ends are no more than 38 inches; (iii) the panel weighs 7 pounds or
less; (iv) the panel is framed on all sides with steel tubing no
wider than 10 mm; and (v) the panel's the interior contains a
decorative pattern (meaning a pattern other than square,
rectangular, diamond, or hexagonal meshing) accounting for at least
5 percent of the area within the frame.
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.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Affiliation and Single Entity Treatment
V. Application of Facts Available and Use of Adverse Inference
VI. Discussion of the Methodology
VII. Preliminary Determination of Critical Circumstances
VIII. Currency Conversion
IX. Adjustment Under Section 777(A)(f) of the Act
X. Recommendation
[FR Doc. 2025-15781 Filed 8-18-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 19, 2025.
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.