1. In keeping with the World Trade Organization agreement on subsidies and countervailing measures, Commerce is instructing CBP to discontinue the suspension of liquidation of entries concerning the countervailing duty investigation of certain tool chests and cabinets from the People's Republic of China effective 01/13/2018, which is 120 days after the date of publication of Commerce's preliminary determination.

2. The products covered by this investigation are described in message 7333319 dated 11/29/2017. The scope of this investigation covers certain metal tool chests and tool cabinets, with drawers, (tool chests and cabinets), from the People's Republic of China (the PRC) and the Socialist Republic of Vietnam (Vietnam). The scope covers all metal tool chests and cabinets, including top chests, intermediate chests, tool cabinets and side cabinets, storage units, mobile work benches, and work stations and that have the following physical characteristics:

(1) a body made of carbon, alloy, or stainless steel and/or other metals;
(2) two or more drawers for storage in each individual unit;
(3) a width (side to side) exceeding 15 inches for side cabinets and exceeding 21 inches for all other individual units but not exceeding 60 inches;
(4) a body depth (front to back) exceeding 10 inches but not exceeding 24 inches; and
(5) prepackaged for retail sale.

For purposes of this scope, the width parameter applies to each individual unit, i.e., each individual top chest, intermediate top chest, tool cabinet, side cabinet, storage unit, mobile work bench, and work station.

Prepackaged for retail sale means the units may, for example, be packaged in a cardboard box, other type of container or packaging, and may bear a Universal Product Code, along with photographs, pictures, images, features, artwork, and/or product specifications. Subject tool chests and cabinets are covered whether imported in assembled or unassembled form. Subject merchandise includes tool chests and cabinets produced in the PRC or Vietnam but assembled, prepackaged for retail sale, or subject to other minor processing in a third country prior to importation into the United States. Similarly, it would include tool chests and cabinets produced in the PRC or Vietnam that are assembled, prepackaged for retail sale, or subject to other minor processing after importation into the United States.

Subject tool chests and cabinets may also have doors and shelves in addition to drawers, may have handles (typically mounted on the sides), and may have a work surface on the top. Subject tool chests and cabinets may be uncoated (e.g., stainless steel), painted, powder coated, galvanized, or otherwise coated for corrosion protection or aesthetic appearance.

Subject tool chests and cabinets may be packaged as individual units or in sets. When packaged in sets, they typically include a cabinet with one or more chests that stack on top of the cabinet. Tool cabinets act as a base tool storage unit and typically have rollers, casters, or wheels to permit them to be moved more easily when loaded with tools. Work stations and mobile work benches are tool cabinets with a work surface on the top that may be made of rubber, plastic, metal, wood, or other materials.

Top chests are designed to be used with a tool cabinet to form a tool storage unit. The top chests may be mounted on top of the base tool cabinet or onto an intermediate chest. They are often packaged as a set with tool cabinets or intermediate chests, but may also be packaged separately. They may be packaged with mounting hardware (e.g., bolts) and instructions for assembling them onto the base tool cabinet or onto an intermediate tool chest which rests on the base tool cabinet. Smaller top chests typically have handles on the sides, while the larger top chests typically lack handles. Intermediate tool chests are designed to fit on top of the floor standing tool cabinet and to be used underneath the top tool chest. Although they may be packaged or used separately from the tool cabinet, intermediate chests are designed to be used in conjunction with tool cabinets. The intermediate chests typically do not have handles. The intermediate and top chests may have the capability of being bolted together.

Side cabinets are designed to be bolted or otherwise attached to the side of the base storage cabinet to expand the storage capacity of the base tool cabinet.

Subject tool chests and cabinets also may be packaged with a tool set included. Packaging a subject tool chest and cabinet with a tool set does not remove an otherwise covered subject tool chest and cabinet from the scope. When this occurs, the tools are not part of the subject merchandise.

All tool chests and cabinets that meet the above definition are included in the scope unless otherwise specifically excluded.

Excluded from the scope of the investigation are tool boxes, chests, and cabinets with bodies made of plastic, carbon fiber, wood, or other non-metallic substances.

Also excluded from the scope of the investigation are industrial grade steel tool chests and cabinets. The excluded industrial grade steel tool chests and cabinets are those:

(1) having a body that is over 60 inches in width; or
(2) having each of the following physical characteristics:
(a) a body made of steel that is 0.047 inches or more in thickness;
(b) a body depth (front to back) exceeding 21 inches; and
(c) a unit weight that exceeds the maximum unit weight shown below for each width range:

Weight to Width Ratio
Tool Chests
Inches Maximum Pounds

Greater than 21 and less than or equal to 25 90
Greater than 25 and less than or equal to 28 115
Greater than 28 and less than or equal to 30 120
Greater than 30 and less than or equal to 32 130
Greater than 32 and less than or equal to 34 140
Greater than 34 and less than or equal to 36 150
Greater than 36 and less than or equal to 38 160
Greater than 38 and less than or equal to 40 170
Greater than 40 and less than or equal to 42 180
Greater than 42 and less than or equal to 44 190
Greater than 44 and less than or equal to 46 200
Greater than 46 and less than or equal to 48 210
Greater than 48 and less than or equal to 50 220
Greater than 50 and less than or equal to 52 230
Greater than 52 and less than or equal to 54 240
Greater than 54 and less than or equal to 56 250
Greater than 56 and less than or equal to 58 260
Greater than 58 and less than or equal to 60 270

Weight to Width Ratio
Tool Cabinets
Inches Maximum Pounds

Greater than 21 and less than or equal to 25 155
Greater than 25 and less than or equal to 28 170
Greater than 28 and less than or equal to 30 185
Greater than 30 and less than or equal to 32 200
Greater than 32 and less than or equal to 34 215
Greater than 34 and less than or equal to 36 230
Greater than 36 and less than or equal to 38 245
Greater than 38 and less than or equal to 40 260
Greater than 40 and less than or equal to 42 280
Greater than 42 and less than or equal to 44 290
Greater than 44 and less than or equal to 46 300
Greater than 46 and less than or equal to 48 310
Greater than 48 and less than or equal to 50 320
Greater than 50 and less than or equal to 52 330
Greater than 52 and less than or equal to 54 340
Greater than 54 and less than or equal to 56 350
Greater than 56 and less than or equal to 58 360
Greater than 58 and less than or equal to 60 370

Also excluded from the scope of the investigation are service carts. The excluded service carts have all of the following characteristics:

(1) casters, wheels, or other similar devices which allow the service cart to be rolled from place to place;

(2) an open top for storage, a flat top or flat lid on top of the unit that opens;

(3) a space or gap between the casters, wheels, or other similar devices, and the bottom of the enclosed storage space (e.g., drawers) of at least 10 inches; and

(4) a total unit height, including casters, of less than 48 inches.

Also excluded from the scope of the investigation are non-mobile work benches. The excluded non-mobile work benches have all of the following characteristics:

(1) a solid top working surface;

(2) no drawers, one drawer, or two drawers in a side-by-side configuration; and

(3) the unit is supported by legs and has no solid front, side, or back panels enclosing the body of the unit.

Also excluded from the scope of the investigation are metal filing cabinets that are configured to hold hanging file folders and are classified in the Harmonized Tariff Schedule of the United States (HTSUS) at subheading 9403.10.0020.

Merchandise subject to the investigation is classified under HTSUS categories 9403.20.0021, 9403.20.0026, 9403.20.0030 and 7326.90.8688, but may also be classified under HTSUS category 7326.90.3500. While HTSUS subheadings are provided for convenience and Customs purposes, the written description of the scope of this investigation is dispositive.

3. This investigation has been assigned investigation number C-570-057.

4. CBP shall discontinue the suspension of liquidation for countervailing duty purposes on all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after 01/13/2018. The suspension of liquidation will not be resumed unless and until the final affirmative determination on this case is published in the Federal Register by the ITC. CBP shall continue to suspend liquidation on all shipments entered, or withdrawn from warehouse, for consumption made during the period 09/15/2017 through 01/12/2018 until the conclusion of the countervailing duty investigation.

5. These discontinuation instructions do not affect the requirements of a cash deposit or bond on entries subject to the suspension of liquidation announced in Commerce's preliminary determination in the companion antidumping duty investigation of certain tool chests and cabinets from the People's Republic of China.

6. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by OI:HP)

7. There are no restrictions on the release of this information.

Alexander Amdur