Boltless Steel Shelving Units Prepackaged for Sale From the People's Republic of China: Continuation of Antidumping Duty Order and Countervailing Duty Order

Published date12 May 2021
Citation86 FR 26000
Record Number2021-09999
SectionNotices
CourtInternational Trade Administration
Federal Register, Volume 86 Issue 90 (Wednesday, May 12, 2021)
[Federal Register Volume 86, Number 90 (Wednesday, May 12, 2021)]
                [Notices]
                [Pages 26000-26001]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-09999]
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                DEPARTMENT OF COMMERCE
                International Trade Administration
                [A-570-018, C-570-019]
                Boltless Steel Shelving Units Prepackaged for Sale From the
                People's Republic of China: Continuation of Antidumping Duty Order and
                Countervailing Duty Order
                AGENCY: Enforcement and Compliance, International Trade Administration,
                Department of Commerce.
                SUMMARY: As a result of the determinations by the Department of
                Commerce (Commerce) and the International Trade Commission (ITC) that
                revocation of the antidumping duty (AD) and countervailing duty (CVD)
                orders on boltless steel shelving units prepackaged for sale from the
                People's Republic of China (China) would likely lead to continuation or
                recurrence of dumping, countervailable subsidies, and material injury
                to an industry in the United States, Commerce is publishing a notice of
                continuation of the AD and CVD orders.
                DATES: Applicable May 12, 2021.
                FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, AD/CVD Operations,
                Office V, Enforcement and Compliance, International Trade
                Administration, U.S. Department of Commerce, 1401 Constitution Avenue
                NW, Washington, DC 20230; telephone: (202) 482-2593.
                SUPPLEMENTARY INFORMATION:
                Background
                 On October 21, 2015, Commerce published the AD and CVD orders on
                boltless steel shelving from China.\1\ On September 1, 2020, the ITC
                instituted,\2\ and Commerce initiated, the first sunset review of the
                Orders, pursuant to section 751(c) of the Tariff Act of 1930, as
                amended (the Act).\3\ As a result of its review, Commerce determined
                that revocation of the Orders would likely lead to continuation or
                recurrence of dumping and countervailable subsidies and, therefore,
                notified the ITC of the magnitude of the margins and net
                countervailable subsidy rates likely to prevail should the Orders be
                revoked.\4\
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                 \1\ See Boltless Steel Shelving Units Prepackaged for Sale from
                the People's Republic of China: Antidumping Duty Order, 80 FR 63741
                (October 21, 2015); see also Boltless Steel Shelving Units
                Prepackaged for Sale from the People's Republic of China: Amended
                Final Affirmative Countervailing Duty Determination and
                Countervailing Duty Order, 80 FR 63745 (October 21, 2015)
                (collectively, Orders).
                 \2\ See Boltless Steel Shelving Units Prepackaged for Sale from
                China; Institution of Five-Year Reviews, 85 FR 54404 (September 1,
                2020).
                 \3\ See Initiation of Five-Year (Sunset) Reviews, 85 FR 54348
                (September 1, 2020) (Notice of Initiation).
                 \4\ See Boltless Steel Shelving Units Prepackaged for Sale from
                the People's Republic of China: Final Results of the Expedited
                Sunset Review of Antidumping Duty Order, 86 FR 59 (January 4, 2021),
                and accompanying Issues and Decision Memorandum (IDM); see also
                Boltless Steel Shelving Units Prepackaged for Sale from the People's
                Republic of China: Final Results of the Expedited Sunset Review of
                the Countervailing Duty Order, 86 FR 58 (January 4, 2021), and
                accompanying IDM.
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                 On May 5, 2021, 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\
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                 \5\ See Boltless Steel Shelving Units Prepackaged for Sale from
                China, 86 FR 23981 (May 5, 2021).
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                Scope of the Orders
                 The scope of the Orders covers boltless steel shelving units
                prepackaged for sale, with or without decks (boltless steel shelving).
                The term ``prepackaged for sale'' means that, at a minimum, the steel
                vertical supports (i.e., uprights and posts) and steel horizontal
                supports (i.e., beams, braces) necessary to assemble a completed
                shelving unit (with or without decks) are packaged together for
                ultimate purchase by the end-user. The scope also includes add-on kits.
                Add-on kits include, but are not limited to, kits that allow the end-
                user to add an extension shelving unit onto an existing boltless steel
                shelving unit such that the
                [[Page 26001]]
                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 the Orders may be commonly described as rivet
                shelving, welded frame shelving, slot and tab shelving, and punched
                rivet (quasi-rivet) shelving as well as by other trade names. The term
                ``deck'' refers to the shelf that sits on or fits into the horizontal
                supports (beams or braces) to provide the horizontal storage surface of
                the shelving unit.
                 The scope includes all boltless steel shelving meeting the
                description above, regardless of: (1) Vertical support or post type
                (including but not limited to open post, closed post and tubing); (2)
                horizontal support or beam/brace profile (including but not limited to
                Z-beam, C-beam, L-beam, step beam and cargo rack); (3) number of
                supports; (4) surface coating (including but not limited to paint,
                epoxy, powder coating, zinc and other metallic coating); (5) number of
                levels; (6) weight capacity; (7) shape (including but not limited to
                rectangular, square, and corner units); (8) decking material (including
                but not limited to wire decking, particle board, laminated board or no
                deck at all); or (9) the boltless method by which vertical and
                horizontal supports connect (including but not limited to keyhole and
                rivet, slot and tab, welded frame, punched rivet and clip).
                 Specifically excluded from the scope are:
                 Wall-mounted shelving, defined as shelving that is hung on
                the wall and does not stand on, or transfer load to, the floor;
                 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 under the United States
                through Harmonized Tariff Schedule of the United States (HTSUS)
                statistical subheadings 9403.20.0018, 9403.20.0020, 9403.20.0025, and
                9403.20.0026, but may also enter through HTSUS 9403.10.0040. 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 a continuation or a
                recurrence of dumping and countervailable subsidies, as well as
                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 the date of publication in the
                Federal Register of this notice of continuation. Pursuant to section
                751(c)(2) of the Act and 19 CFR 351.281(c)(2), Commerce intends to
                initiate the next five-year reviews of the Orders not later than 30
                days prior to the fifth anniversary of the effective date of
                continuation.
                Notification to Interested Parties
                 These five-year sunset reviews and this notice are in accordance
                with section 751(c) of the Act and published in accordance with section
                777(i)(1) of the Act and 19 CFR 351.218(f)(4).
                 Dated: May 6, 2021.
                James Maeder,
                Deputy Assistant Secretary for Antidumping and Countervailing Duty
                Operations.
                [FR Doc. 2021-09999 Filed 5-11-21; 8:45 am]
                BILLING CODE 3510-DS-P
                

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