[Federal Register Volume 89, Number 77 (Friday, April 19, 2024)]
[Notices]
[Pages 28746-28748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08371]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-914]
Boltless Steel Shelving Units Prepackaged for Sale From India:
Final Negative Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
boltless steel shelving units prepackaged for sale (boltless steel
shelving) from India are not being, or are not likely to be, sold in
the United States at less than fair value (LTFV). The period of
investigation is April 1, 2022, through March 31, 2023.
DATES: Applicable April 19, 2024.
FOR FURTHER INFORMATION CONTACT: Andrew Huston, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4261.
SUPPLEMENTARY INFORMATION:
Background
On November 29, 2023, Commerce published in the Federal Register
its preliminary negative determination in this investigation, in which
we also postponed the final determination until April 12, 2024.\1\ We
invited parties to comments on the Preliminary Determination.
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\1\ See Boltless Steel Shelving Units Prepackaged for Sale from
India: Preliminary Negative Determination of Sales at Less Than Fair
Value and Postponement of Final Determination, 88 FR 83395 (November
29, 2023) (Preliminary Determination), and accompanying Preliminary
Decision Memorandum.
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A summary of the events that occurred since Commerce published the
Preliminary Determination, as well as a full discussion of the issues
raised by parties for this final determination, may be found in the
Issues and Decision Memorandum.\2\ The Issues and Decision Memorandum
is a public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov. In addition, a complete version of the Issues
and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Negative Determination in the Less-Than-Fair-Value
Investigation of Boltless Steel Shelving Units Prepackaged for Sale
from India,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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Scope of the Investigation
The product covered by this investigation is boltless steel
shelving from India. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
During the course of this investigation, Commerce received scope
comments from interested parties. Commerce issued a Preliminary Scope
Decision Memorandum to address these comments and set aside a period of
time for parties to address scope issues in scope-specific case and
rebuttal briefs.\3\
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\3\ See Memorandum, ``Antidumping Duty Investigations of
Boltless Steel Shelving Units Prepackaged for Sale from India,
Malaysia, Taiwan, Thailand, and the Socialist Republic of Vietnam:
Preliminary Scope Decision Memorandum,'' dated November 13, 2023
(Preliminary Scope Decision Memorandum).
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[[Page 28747]]
We received comments from interested parties on the Preliminary Scope
Decision Memorandum, which we addressed in the Final Scope Decision
Memorandum.\4\ We did not make any changes to the scope of the
investigation from the scope published in the Preliminary
Determination.
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\4\ See Memorandum, ``Antidumping Duty Investigation of Boltless
Steel Shelving Units Prepackaged for Sale from Malaysia, Taiwan,
Thailand, and the Socialist Republic of Vietnam: Final Scope
Decision Memorandum,'' dated April 12, 2024 (Final Scope Decision
Memorandum).
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Verification
Commerce verified the sales and cost information submitted by
Triune Technofab Private Limited (Triune) for use in our final
determination, consistent with section 782(i) of the Tariff Act of
1930, as amended (the Act). Specifically, Commerce conducted on-site
verifications of the home market sales and cost of production responses
submitted by Triune. We used standard verification procedures,
including an examination of relevant sales and accounting records, and
original source documents provided by Triune.\5\
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\5\ See Memoranda, ``Verification of Cost Response of Triune
Technofab Private Limited in the Antidumping Investigation of
Boltless Steel Shelving from India,'' dated February 28, 2024; and
``Verification of Sales Responses of Triune Technofab Private
Limited in the Antidumping Investigation of Boltless Steel Shelving
from India,'' dated January 25, 2024 (Sales Verification Report).
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
interested parties in this investigation are discussed in the Issues
and Decision Memorandum. A list of the issues raised is attached to
this notice as Appendix II.
Changes Since the Preliminary Determination
We are incorporating Triune's revised U.S. sales database submitted
on January 9, 2024, which reflects changes from minor corrections
Triune submitted at verification.\6\ For additional details, see the
Final Analysis Memorandum.\7\
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\6\ See Sales Verification Report at 2.
\7\ See Memorandum, ``Triune Technofab Private Limited Final
Determination Analysis,'' dated concurrently with this notice (Final
Analysis Memorandum).
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Final Determination
The final estimated weighted-average dumping margin is as follows:
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Estimated
weighted-
Exporter/producer average
dumping margin
(percent)
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Triune Technofab Private Limited........................ 0.00
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Commerce determines that Triune, the only individually examined
respondent, has not made sales of subject merchandise at LTFV.
Accordingly, Commerce has not calculated an estimated weighted-average
dumping margin for all other producers and exporters pursuant to
sections 735(c)(1)(B) and (c)(5) of the Act because it has not made an
affirmative determination of sales at LTFV.
Disclosure
Commerce intends to disclose its calculations performed to
interested parties in this final determination within five days of any
public announcement or, if there is no public announcement, within five
days of the date of publication of this notice in the Federal Register,
in accordance with 19 CFR 351.224(b).
Suspension of Liquidation
In the Preliminary Determination, the estimated weighted-average
dumping margin for Triune was zero percent and, therefore, we did not
suspend liquidation of entries of boltless steel shelving from
India.\8\ Because Commerce has made a final negative determination of
sales at LTFV with regard to the subject merchandise, Commerce will not
direct U.S. Customs and Border Protection to suspend liquidation or to
require a cash deposit of estimated antidumping duties for entries of
boltless steel shelving from India.
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\8\ See Preliminary Determination, 88 FR at 83396.
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U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, Commerce will notify
the U.S. International Trade Commission of its final negative
determination of sales at LTFV. As our final determination is negative,
this proceeding is terminated in accordance with section 735(c)(2) of
the Act.
Administrative Protective Order
This notice serves as the final reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely 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 the terms of an APO is a violation subject to sanction.
Notification to Interested Parties
This final determination is issued and published in accordance with
sections 735(d) and 777(i) of the Act, and 19 CFR 351.210(c).
Dated: April 12, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
Scope of the Investigation
The scope of this investigation covers boltless steel shelving
units prepackaged for sale, with or without decks (boltless steel
shelving). The term ``prepackaged for sale'' means that, at a
minimum, the steel vertical supports (i.e., uprights and posts) and
steel horizontal supports (i.e., beams, braces) necessary to
assemble a completed shelving unit (with or without decks) are
packaged together for ultimate purchase by the end-user. The scope
also includes add-on kits. Add-on kits include, but are not limited
to, kits that allow the end-user to add an extension shelving unit
onto an existing boltless steel shelving unit such that the
extension and the original unit will share common frame elements
(e.g., two posts). The term ``boltless'' refers to steel shelving in
which the vertical and horizontal supports forming the frame are
assembled primarily without the use of nuts and bolts, or screws.
The vertical and horizontal support members for boltless steel
shelving are assembled by methods such as, but not limited to,
fitting a rivet, punched or cut tab, or other similar connector on
one support into a hole, slot or similar receptacle on another
support. The supports lock together to form the frame for the
shelving unit, and provide the structural integrity of the shelving
unit separate from the inclusion of any decking. The incidental use
of nuts and bolts, or screws to add accessories, wall anchors, tie-
bars or shelf supports does not remove the product from scope.
Boltless steel shelving units may also come packaged as partially
assembled, such as when two upright supports are welded together
with front-to-back supports, or are otherwise connected, to form an
end unit for the frame. The boltless steel shelving covered by these
investigations 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,
[[Page 28748]]
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:
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;
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;
bulk-packed parts or components of boltless steel
shelving units; and
made-to-order shelving systems.
Subject boltless steel shelving enters the United States through
Harmonized Tariff Schedule of the United States (HTSUS) statistical
subheading 9403.20.0075. While the HTSUS subheading is provided for
convenience and customs purposes, the written description of the
scope of this investigation is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Changes Since the Preliminary Determination
V. Discussion of the Issues
Comment 1: Calculation of Constructed Value (CV)
Comment 2: Treatment of Bolted Shelving
VI. Recommendation
[FR Doc. 2024-08371 Filed 4-18-24; 8:45 am]
BILLING CODE 3510-DS-P