AD/CVD message 9065306 - Notice of preliminary determination in the antidumping duty investigation of steel racks from the People's Republic of China (A-570-088)

9065306
Mar 06, 2019
Active

Effective Date: Mar 04, 2019

Period of Review: Oct 01, 2017 to Mar 31, 2018

Cite as: 84 FR 7326 • Cite date: Mar 04, 2019

Category: Antidumping • Type: Preliminary Determination • Sub type: AFF-Affirmative • Cases: A-570-088

1. On 03/04/2019, Commerce published in the Federal Register (84 FR 7326) its preliminary determination of sales at less than fair value and the postponement of the final determination in the antidumping duty investigation of steel racks from the People's Republic of China (China).

2. The merchandise covered by this investigation is steel racks and parts thereof, assembled, to any extent, or unassembled, including but not limited to, vertical components (e.g., uprights, posts, or columns), horizontal or diagonal components (e.g., arms or beams), braces, frames, locking devices (e.g., end plates and beam connectors), and accessories (including, but not limited to, rails, skid channels, skid rails, drum/coil beds, fork clearance bars, pallet supports, row spacers, and wall ties).

Subject steel racks and parts thereof are made of steel, including, but not limited to, cold and/or hot-formed steel, regardless of the type of steel used to produce the components and may, or may not, include locking tabs, slots, or bolted, clamped, or welded connections. Subject steel racks have the following physical characteristics:
(1) Each steel vertical and horizontal load bearing member (e.g., arms, beams, posts, and
columns) is composed of steel that is at least 0.044 inches thick;
(2) Each steel vertical and horizontal load bearing member (e.g., arms, beams, posts, and
columns) is composed of steel that has a yield strength equal to or greater than 36,000
pounds per square inch;
(3) The width of each steel vertical load bearing member (e.g., posts and columns) exceeds two inches; and
(4) The overall depth of each steel roll-formed horizontal load bearing member (e.g., beams) exceeds two inches.

In the case of steel horizontal load bearing members other than roll-formed (e.g., structural beams, Z-beams, or cantilever arms), only the criteria in subparagraphs (1) and (2) apply to these horizontal load bearing members. The depth limitation in subparagraph (4) does not apply to steel horizontal load bearing members that are not roll-formed.

Steel rack components can be assembled into structures of various dimensions and configurations by welding, bolting, clipping, or with the use of devices such as clips, end plates, and beam connectors, including, but not limited to the following configurations: 1) racks with upright frames perpendicular to the aisles that are independently adjustable, with positive-locking beams parallel to the aisle spanning the upright frames with braces; and 2) cantilever racks with vertical components parallel to the aisle and cantilever beams or arms connected to the vertical components perpendicular to the aisle. Steel racks may be referred to as pallet racks, storage racks, stacker racks, retail racks, pick modules, selective racks, or cantilever racks and may incorporate moving components and be referred to as pallet-flow racks, carton-flow racks, push-back racks, movable-shelf racks, drive-in racks, and drive-through racks. While steel racks may be made to ANSI MH16.l or ANSI MH16.3 standards, all steel racks and parts thereof meeting the description set out herein are covered by the scope of this investigation, whether or not produced according to a particular standard.

The scope includes all steel racks and parts thereof meeting the description above, regardless of
(1) other dimensions, weight, or load rating;
(2) vertical components or frame type (including structural, roll-form, or other);
(3) horizontal support or beam/brace type (including but not limited to structural, roll-form,
slotted, unslotted, Z-beam, C-beam, L-beam, step beam, and cantilever beam);
(4) number of supports;
(5) number of levels;
(6) surface coating, if any (including but not limited to paint, epoxy, powder coating, zinc, or other metallic coatings);
(7) rack shape (including but not limited to rectangular, square, corner, and cantilever);
(8) the method by which the vertical and horizontal supports connect (including but not limited to locking tabs or slots, bolting, clamping, and welding); and
(9) whether or not the steel rack has moving components (including but not limited to rails, wheels, rollers, tracks, channels, carts, and conveyors).

Subject merchandise includes merchandise matching the above description that has been finished or packaged in a third country. Finishing includes, but is not limited to, coating, painting, or assembly, including attaching the merchandise to another product, or any other finishing or assembly operation that would not remove the merchandise from the scope of the investigation if performed in the country of manufacture of the steel racks and parts thereof. Packaging includes packaging the merchandise with or without another product or any other packaging operation that would not remove the merchandise from the scope of the investigation if performed in the country of manufacture of the steel racks and parts thereof.

Steel racks and parts thereof are included in the scope of this investigation whether or not imported attached to, or included with, other parts or accessories such as wire decking, nuts, and bolts. If steel racks and parts thereof are imported attached to, or included with, such non-subject merchandise, only the steel racks and parts thereof are included in the scope.

The scope of this investigation does not cover: 1) decks, i.e., shelving that sits on or fits into the horizontal supports to provide the horizontal storage surface of the steel racks; 2) wire shelving units, i.e., units made from wire that incorporate 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 a finished unit; 3) pins, nuts, bolts, washers, and clips used as connecting devices; and 4) non-steel components.

Specifically excluded from the scope of this investigation are any products covered by Commerce's existing antidumping and countervailing duty orders on boltless steel shelving units prepackaged for sale from the People's Republic of China. See Boltless Steel Shelving Units Prepackaged for Sale From the People's Republic of China: Antidumping Duty Order, 80 Fed. Reg. 63,741 (October 21, 2017); 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 Fed. Reg. 63,745 (October 21, 2017).

Also excluded from the scope of this investigation are bulk-packed parts or components of boltless steel shelving units that were specifically excluded from the scope of the Boltless Steel Shelving Orders because such bulk-packed parts or components do not contain the steel vertical supports (i.e., uprights and posts) and steel horizontal supports (i.e., beams, braces) packaged together for assembly into a completed boltless steel shelving unit.

Such excluded components of boltless steel shelving are defined as:
(1) boltless horizontal supports (beams, braces) that have each of the following characteristics: (a) a length of 95 inches or less, (b) made from steel that has a thickness of 0.068 inches or less, and (c) a weight capacity that does not exceed 2500 lbs per pair of beams for beams that are 78” or shorter, a weight capacity that does not exceed 2200 lbs per pair of beams for beams that are over 78” long but not longer than 90”, and/or a weight capacity that does not exceed 1800 lbs per pair of beams for beams that are longer than 90”;
(2) shelf supports that mate with the aforementioned horizontal supports; and
(3) boltless vertical supports (upright welded frames and posts) that have each of the following
characteristics: (a) a length of 95 inches or less, (b) with no face that exceeds 2.90 inches wide, and (c) made from steel that has a thickness of 0.065 inches or less.

Excluded from the scope of this investigation are: (1) wall-mounted shelving and racks, defined as shelving and racks that suspend all of the load from the wall, and do not stand on, or transfer load to, the floor; (2) ceiling-mounted shelving and racks, defined as shelving and racks that suspend all of the load from the ceiling and do not stand on, or transfer load to, the floor; and (3) wall/ceiling mounted shelving and racks, defined as shelving and racks that suspend the load from the ceiling and the wall and do not stand on, or transfer load to, the floor. The addition of a wall or ceiling bracket or other device to attach otherwise subject merchandise to a wall or ceiling does not meet the terms of this exclusion.

Also excluded from the scope of this investigation is scaffolding that complies with ANSI/ASSE A10.8 - 2011 – Scaffolding Safety Requirements, CAN/CSA S269.2-M87 (Reaffirmed 2003) – Access Scaffolding for Construction Purposes, and/or Occupational Safety and Health Administration regulations at 29 C.F.R. Part 1926 subpart L – Scaffolds.

Also excluded from the scope of this investigation are tubular racks such as garment racks and drying racks, i.e., racks in which the load bearing vertical and horizontal steel members consist solely of: (1) round tubes that are no more than two inches in diameter; (2) round rods that are no more than two inches in diameter; (3) other tubular shapes that have both an overall height of no more than two inches and an overall width of no more than two inches; and/or (4) wire.

Also excluded from the scope of this investigation are portable tier racks. Portable tier racks must meet each of the following criteria to qualify for this exclusion:
(1) They are freestanding, portable assemblies with a fully welded base and four freely inserted and easily removable corner posts;
(2) They are assembled without the use of bolts, braces, anchors, brackets, clips, attachments, or connectors;
(3) One assembly may be stacked on top of another without applying any additional load to the product being stored on each assembly, but individual portable tier racks are not securely attached to one another to provide interaction or interdependence; and
(4) The assemblies have no mechanism (e.g., a welded foot plate with bolt holes) for anchoring the assembly to the ground.

Also excluded from the scope of this investigation are accessories that are independently bolted to the floor and not attached to the rack system itself, i.e., column protectors, corner guards, bollards, and end row and end of aisle protectors.

Merchandise covered by this investigation is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under the following subheadings: 7326.90.8688, 9403.20.0080, and 9403.90.8041. Subject merchandise may also enter under subheadings 7308.90.3000, 7308.90.6000, 7308.90.9590, and 9403.20.0090. The HTSUS subheadings are provided for convenience and U.S. Customs purposes only. The written description of the scope is dispositive.

3. This proceeding has been assigned case number A-570-088

4. For imports of steel racks from China, CBP shall suspend liquidation of such shipments entered, or withdrawn from warehouse, for consumption on or after 03/04/2019. Effective 03/04/2019, CBP shall require, for entries of steel racks from China from the exporter/producer combinations listed below, a cash deposit equal to the antidumping duty cash deposits shown below:

Exporter: China-Wide Entity
Case number: A-570-088-000
Cash deposit rate: 144.50%

Exporter: Nanjing Dongsheng Shelf Manufacturing Co., Ltd.
Producer: Nanjing Dongsheng Shelf Manufacturing Co., Ltd.
Case number: A-570-088-001
Cash deposit Rate: 18.08%

Exporter: Ateel Display Industries (Xiamen) Co., Ltd.
Producer: Ateel Display Industries (Xiamen) Co., Ltd.
Case number: A-570-088-002
Cash deposit Rate: 18.08%

Exporter: CTC Universal (Zhangzhou) Industrial Co., Ltd.
Producer: CTC Universal (Zhangzhou) Industrial Co., Ltd.
Case number: A-570-088-003
Cash deposit Rate: 18.08%

Exporter: David Metal Craft Manufactory Ltd.
Producer: David Metal Craft Manufactory Ltd.
Case number: A-570-088-004
Cash deposit Rate: 18.08%

Exporter: Guangdong Wireking Housewares and Hardware Co., Ltd.
Producer: Guangdong Wireking Housewares and Hardware Co., Ltd.
Case number: A-570-088-005
Cash deposit Rate: 18.08%

Exporter: Hebei Minmetals Co., Ltd.
Producer: Hebei Wuxin Garden Products Co., Ltd
Case number: A-570-088-006
Cash deposit Rate: 18.08%

Exporter: Hebei Minmetals Co., Ltd.
Producer: Huanghua Xinxing Furniture Co., Ltd.
Case number: A-570-088-007
Cash deposit Rate: 18.08%

Exporter: Hebei Minmetals Co., Ltd.
Producer: Huanghua Xingyu Hardware Products Co., Ltd.
Case number: A-570-088-008
Cash deposit Rate: 18.08%

Exporter: Hebei Minmetals Co., Ltd.
Producer: Huangua Qingxin Hardware Products Co., Ltd.
Case number: A-570-088-009
Cash deposit Rate: 18.08%

Exporter: Hebei Minmetals Co., Ltd.
Producer: Huangua Haixin Hardware Products Co., Ltd.
Case number: A-570-088-010
Cash deposit Rate: 18.08%

Exporter: Hebei Minmetals Co., Ltd.
Producer: Huanghua Hualing Hardware Products Co., Ltd.
Case number: A-570-088-011
Cash deposit Rate: 18.08%

Exporter: i-Lift Equipment Ltd.
Producer: Yuanda Storage Equipment Ltd.
Case number: A-570-088-012
Cash deposit Rate: 18.08%

Exporter: Jiangsu Nova Intelligent Logistics Equipment Co., Ltd.
Producer: Jiangsu Nova Intelligent Logistics Equipment Co., Ltd.
Case number: A-570-088-013
Cash deposit Rate: 18.08%

Exporter: Johnson (Suzhou) Metal Products Co., Ltd.
Producer: Johnson (Suzhou) Metal Products Co., Ltd.
Case number: A-570-088-014
Cash deposit Rate: 18.08%

Exporter: Master Trust (Xiamen) Import and Export Co., Ltd.
Producer: Zhangzhou Hongcheng Hardware & Plastic Industry Co., Ltd.
Case number: A-570-088-015
Cash deposit Rate: 18.08%

Exporter: Nanjing Ironstone Storage Equipment Co., Ltd.
Producer: Jiangsu Baigeng Logistics Equipments Co., Ltd
Case number: A-570-088-016
Cash deposit Rate: 18.08%

Exporter: Nanjing Kingmore Logistics Equipment Manufacturing Co., Ltd.
Producer: Nanjing Kingmore Logistics Equipment Manufacturing Co., Ltd.
Case number: A-570-088-017
Cash deposit Rate: 18.08%

Exporter: Nanjing Kingmore Logistics Equipment Manufacturing Co., Ltd.
Producer: Jiangsu Kingmore Storage Equipment Manufacturing Co., Ltd.
Case number: A-570-088-018
Cash deposit Rate: 18.08%

Exporter: Ningbo Beilun Songyi Warehouse Equipment Manufacturing Co., Ltd.
Producer: Ningbo Beilun Songyi Warehouse Equipment Manufacturing Co., Ltd.
Case number: A-570-088-019
Cash deposit Rate: 18.08%

Exporter: Ningbo Xinguang Rack Co., Ltd.
Producer: Ningbo Xinguang Rack Co., Ltd.
Case number: A-570-088-020
Cash deposit Rate: 18.08%

Exporter: Qingdao Rockstone Logistics Appliance Co., Ltd.
Producer: Qingdao Rockstone Logistics Appliance Co., Ltd.
Case number: A-570-088-021
Cash deposit Rate: 18.08%

Exporter: Redman Corporation
Producer: Redman Corporation
Case number: A-570-088-022
Cash deposit Rate: 18.08%

Exporter: Redman Import & Export Limited
Producer: Redman Corporation
Case number: A-570-088-023
Cash deposit Rate: 18.08%

Exporter: Suzhou (China) Sunshine Hardware & Equipment Imp. & Exp. Co. Ltd.
Producer: Changzhou Tianyue Storage Equipment Co., Ltd.
Case number: A-570-088-024
Cash deposit Rate: 18.08%

Exporter: Suzhou (China) Sunshine Hardware & Equipment Imp. & Exp. Co. Ltd.
Producer: Ningbo Beilun Songyi Warehouse Equipment Manufacturing Co., Ltd.
Case number: A-570-088-025
Cash deposit Rate: 18.08%

Exporter: Tianjin Master Logistics Equipment Co., Ltd.
Producer: Tianjin Master Logistics Equipment Co., Ltd.
Case number: A-570-088-026
Cash deposit Rate: 18.08%

Exporter: Waken Display System Co., Ltd.
Producer: CTC Universal (Zhangzhou) Industrial Co., Ltd.
Case number: A-570-088-027
Cash deposit Rate: 18.08%

Exporter: Xiamen Aifeimetal Manufacturing Co., Ltd.
Producer: Xiamen Aifeimetal Manufacturing Co., Ltd.
Case number: A-570-088-028
Cash deposit Rate: 18.08%

Exporter: Xiamen Baihuide Manufacturing Co., Ltd.
Producer: Xiamen Baihuide Manufacturing Co., Ltd.
Case number: A-570-088-029
Cash deposit Rate: 18.08%

Exporter: Xiamen Ever Glory Fixtures Co., Ltd.
Producer: Fujian First Industry and Trade Co., Ltd.
Case number: A-570-088-030
Cash deposit Rate: 18.08%

Exporter: Xiamen Ever Glory Fixtures Co., Ltd.
Producer: Fujian Ever Glory Fixtures Co., LTD.
Case number: A-570-088-031
Cash deposit Rate: 18.08%

Exporter: Xiamen Ever Glory Fixtures Co., Ltd.
Producer: Xiamen Ever Glory Fixtures Co., Ltd.
Case number: A-570-088-032
Cash deposit Rate: 18.08%

Exporter: Xiamen Golden Trust Industry & Trade Co., Ltd.
Producer: Xiamen Golden Trust Industry & Trade Co., Ltd.
Case number: A-570-088-033
Cash deposit Rate: 18.08%

Exporter: Xiamen Kingfull Imp and Exp Co., Ltd. (d.b.a) Xiamen Kingfull Displays Co., Ltd.
Producer: Xiamen Huiyi Beauty Furniture Co., Ltd.,
Case number: A-570-088-034
Cash deposit Rate: 18.08%

Exporter: Xiamen Kingfull Imp and Exp Co., Ltd. (d.b.a) Xiamen Kingfull Displays Co., Ltd.
Producer: Xiamen LianHong Industry and Trade Co., Ltd.
Case number: A-570-088-035
Cash deposit Rate: 18.08%

Exporter: Xiamen LianHong Industry and Trade Co., Ltd.
Producer: Xiamen LianHong Industry and Trade Co., Ltd.
Case number: A-570-088-036
Cash deposit Rate: 18.08%

Exporter: Xiamen Luckyroc Industry Co., Ltd.
Producer: Xiamen Luckyroc Storage Equipment Manufacture Co., Ltd.
Case number: A-570-088-037
Cash deposit Rate: 18.08%

Exporter: Xiamen Meitoushan Metal Product Co., Ltd.
Producer: Xiamen Meitoushan Metal Product Co., Ltd.
Case number: A-570-088-038
Cash deposit Rate: 18.08%

Exporter: Xiamen Power Metal Display Co., Ltd.
Producer: Xiamen Power Metal Display Co., Ltd.
Case number: A-570-088-039
Cash deposit Rate: 18.08%

Exporter: Xiamen XinHuiYuan Industrial & Trade Co., Ltd.
Producer: Xiamen XinHuiYuan Industrial & Trade Co., Ltd.
Case number: A-570-088-040
Cash deposit Rate: 18.08%

Exporter: Xiamen Yiree Display Fixtures Co., Ltd
Producer: Xiamen Yiree Display Fixtures Co., Ltd
Case number: A-570-088-041
Cash deposit Rate: 18.08%

Exporter: Zhangjiagang Better Display Co., Ltd
Producer: Zhangjiagang Better Display Co., Ltd
Case number: A-570-088-042
Cash deposit Rate: 18.08%

5. For all other entries of steel racks from China, the following cash deposit instructions apply:

A. For all China exporters of steel racks from China which have not received their own rate, the cash deposit rate will be the China-wide rate.

B. For all non-China exporters of steel racks from China which have not received their own rate, the cash deposit rate will be the rate applicable to the exporter/producer combinations that supplied that non-China exporter.

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 OIV:PO.)

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

Alexander Amdur